(a) Definition. A cargo container is an industrial,
standardized reusable metal vessel that was originally, specifically,
or formerly designed for or used in the packing, shipping, movement
or transportation of freight, articles, goods or commodities by commercial
trucks, trains and/or ships. A cargo container modified in a manner
that would preclude future use by a commercial transportation entity
shall be considered a cargo container for purpose of this article.
(b) Purpose. This article establishes minimum development standards for
the placement of metal shipping containers within the city, limits
the use of cargo containers in residential zones and addresses requirements
in other zones.
(Ord. No. 2012-07(R), § 9, 6-20-12)
(a) It is unlawful to place, use, allow or maintain cargo containers
on residential property zoned R-1, R-2, R-3, R-4, R-5 or RT; unless
specifically exempted pursuant to this article.
(b) It is unlawful to place, use, allow or maintain cargo containers
on property zoned R-A or R-E; unless specifically authorized or exempted
pursuant to this article.
(c) It is unlawful to place, use, allow or maintain cargo containers
in any commercial or industrial zone unless there is a legal primary
use on the property where it is located, required parking is not impacted
and access is maintained.
(d) It is unlawful to place, use, allow or maintain cargo containers
in any planned development or specific plan zone unless specifically
authorized by the director of community development, and consistent
with provisions of the specific plan or planned development.
(e) Where permissible, the placement of cargo containers on private property
shall be subject to the issuance of a minor development permit by
the director of community development.
(Ord. No. 2012-07(R), § 9, 6-20-12; Ord.
No. 2023-15, 10/25/2023)
A cargo container may be allowed in the RA and RE zones only
for storage uses if it meets all of the following requirements:
(a) A parcel within the RE and RA zone must be a minimum of one acre
in size. Only one cargo container is allowed for the first one acre
and one additional cargo container per every additional five acres.
(b) A legal primary use exists on the property.
(c) The cargo container meets all applicable use, development standards
and maintenance regulations in the Escondido Municipal and Zoning
Codes.
(d) The cargo container is appropriately screened from public view by
fencing, landscaping, terrain, buildings, exterior architectural enhancements
to the container (i.e., decorative siding, pitched roof, etc.) or
some combination of these methods.
(e) Cargo containers must meet setback requirements for primary structures,
but shall not be allowed closer than 10 feet to any property boundary.
A container also must maintain a separation of 10 feet from the primary
structure and other accessory structures, except for other authorized
cargo containers.
(Ord. No. 2012-07(R), § 9, 6-20-12)
(a) Cargo containers used for the routine transportation of goods and
temporarily stored in commercial and industrial zones are exempt from
the provisions of this article, but subject to other use restrictions
found in both the Escondido Municipal and Zoning Codes. Cargo containers
may be used for long-term storage on industrial zoned property in
areas where open storage has been approved.
(b) Cargo containers may be used on a temporary basis in commercial zones
for additional storage to support seasonal events, but shall not be
located on the site for more than 90 consecutive days. The containers
shall be located to the rear or other nonconspicuous areas of the
site. The containers shall not be located within the front areas of
the site or highly visible areas from the public way.
(c) Cargo containers may be used for long-term storage in commercial
zones if all of the following requirements are met:
(1) The containers meet all applicable use, development standards and
maintenance regulations in the Escondido Municipal and Zoning Codes.
(2) The cargo container is appropriately screened from public view by
fencing, landscaping, terrain, buildings, exterior architectural enhancements
to the container (i.e., decorative siding, pitched roof, etc.) or
some combination of these methods.
(Ord. No. 2012-07(R), § 9, 6-20-12)
(a) Cargo containers may be used for storage purposes in conjunction
with schools that maintain sports fields, and also for parks, golf
courses, governmental facilities, and other similar uses as determined
by the director of community development.
(b) The container(s) shall be located in a nonconspicuous location on
the site and conform to the setbacks of the underlying zone, but no
closer than 10 feet to any exterior property boundary. Appropriate
screening may be required, as determined by the director of community
development.
(Ord. No. 2012-07(R), § 9, 6-20-12)
Cargo containers are allowed on private property in all zones
temporarily to store building materials and/or construction tools
during construction pursuant to an active building permit on the same
property. If the building permit is expired or finaled, the container
shall be removed within 10 calendar days of the permit expiration
or building permit final. If construction ceases for a period of 30
days or is abandoned, the container shall be removed no later than
10 calendar days after notice to remove is issued by the city. The
temporary placement on lots smaller than one acre shall never exceed
180 days in any calendar year.
(Ord. No. 2012-07(R), § 9, 6-20-12)
A minor development permit shall be required prior to the placement
of a cargo container on private property, unless expressly exempted
by this article. An application for a minor development permit shall
be made to the planning division on forms prescribed by the director
of community development. The application shall be accompanied by
the following:
(a) Three copies of a detailed site plan showing the location of the
proposed container (including, but not limited to, setbacks from property
lines and other structures located on the site, drive aisles, parking
spaces, etc.).
(b) Details regarding the container (including height, width, length,
color, etc.).
(d) Such other information as the director of community development may
require to adequately review an application.
(e) Minor development permit fee, as adopted by city council resolution.
(Ord. No. 2012-07(R), § 9, 6-20-12)
(a) It is unlawful for any property owner, tenant or other responsible
party to use, allow or maintain a cargo container in violation of
any standard provided in this section.
(b) Cargo containers shall not be stored in a manner that impedes access
to public rights-of-way, public utility or drainage easements or adjacent
structures and buildings. The cargo container(s) shall not block,
obstruct, or reduce in any manner any required exits, windows, vent
shafts, parking spaces, and/or access driveways.
(c) Cargo containers may be used for storage only and shall not be used
for human habitation or for commercial business purposes.
(d) Cargo containers shall not be used to store hazardous materials in
violation of any local, state or federal requirements.
(e) Cargo containers may not occupy any required off-street parking spaces,
loading/unloading areas, or fire lanes. Parking spaces may be used
for temporary storage in commercial zones to support seasonal events
provided the amount of spaces is not more than 20% of the required
parking spaces for the sponsoring business or 5% of the overall spaces
within a commercial center containing multiple tenants.
(f) No signage shall be allowed on any permanent cargo container.
(g) Cargo containers shall not be stacked on top of each other or on
another structure.
(h) Containers shall be prohibited from having windows, heating and cooling,
plumbing, or multiple entrances. Cargo containers may include passive
systems to provide appropriate ventilation. Utility services shall
not be provided to the container.
(i) All cargo containers shall be operated in a safe manner, and be structurally
sound, stable and in good repair. The container shall not contain
any holes, peeling paint, rust, damage or structural modifications.
(j) Cargo container(s) used for long-term storage shall not be visible
from the portion of any public or private road that abuts the lot
or property. Acceptable screening features for a cargo container include
landscaping, fencing, terrain, existing structures, exterior architectural
enhancements, or a combination of these features.
(k) Cargo container(s) used for temporary storage in commercial zones
may not be placed within any designated landscape or storm water facility.
(l) Cargo container(s) shall be painted a nonreflective neutral color
that is compatible with the primary structure or to blend in with
the surrounding environment.
(Ord. No. 2012-07(R), § 9, 6-20-12)
A cargo container that was lawfully on private property prior
to the effective date of the ordinance codified in this article may
be allowed to continue as a nonconforming use for two years after
the effective date.
(Ord. No. 2012-07(R), § 9, 6-20-12)