(a)
The purpose of this article is to regulate the use of cargo,
shipping or storage containers and accessory structures on real property
in the city.
(b)
The provisions of this article shall apply to all shipping/storage/cargo
containers and accessory buildings, as those terms are defined herein,
within the corporate limits of the city.
(Ordinance 2023-03 adopted 4/11/2023)
A building originally constructed for use as an accessory
building for the storage of materials and equipment accessory to a
primary use located on the property. For purposes of this article,
cargo containers, railroad cars, truck vans, converted mobile homes,
trailers, recreational vehicles, bus bodies, vehicles and similar
prefabricated items and structures originally built for purposes other
than primary use as a dedicated accessory storage building are not
accessory storage buildings.
Any metal or primarily metal container designed or constructed
to ship, store, or handle bulk goods or items, or which appears substantially
similar to such containers in appearance Such containers include reusable
steel boxes, freight containers, and bulk shipping containers; originally,
a standardized reusable vessel that was designed for and used in the
parking, shipping, movement, transportation or storage of freight,
articles of goods or commodities; generally capable of being mounted
or moved on a rail car, truck trailer or loaded on a ship.
A portable or moveable, weather-resistant receptacle designed
and used for the storage or shipment of household goods, wares, valuables
or merchandise (typically known as PODS, MODS, etc.), and which is
leased on a short-term basis for temporary storage purposes.
(Ordinance 2023-03 adopted 4/11/2023)
(a)
Accessory storage buildings.
Accessory storage
buildings may be installed in all zoning districts and shall adhere
to the following restrictions and requirements:
(1)
No person shall store, maintain or otherwise keep an accessory
storage building on any lot or parcel of property within the city
without first having obtained and possessing an active permit issued
by the city.
(2)
Electricity is not required but may be added, if permissible
under applicable codes and ordinances. A city permit must be obtained
prior to the addition of any electricity to the accessory storage
building.
(3)
Any accessory storage building shall meet the setback requirements
of the underlying zone.
(4)
No accessory storage building shall be placed in a location
which may cause hazardous conditions, constitute a threat to public
safety, or create a condition detrimental to the surrounding land
use and development.
(5)
All accessory storage buildings must conform to the current
minimum exterior standards for the city.
(6)
No accessory storage building shall be used as living quarters.
(b)
Cargo/storage/shipping containers.
(1)
Cargo containers are not permitted to be used on property zoned
residential or on property the primary use of which is residential.
The placement of cargo containers as an accessory storage use is limited
to the following areas:
(A)
Central business district (C-1) any portion of State Highway
16 or U.S. Route 190.
(B)
Local and through highway business district (C-2) any portion
of State Highway 16 or U.S. Route 190.
(C)
One-family residential (R-1), one-family residential (R-2),
two-family residential (R-3), multifamily residential (R-4), mobile
home (MH), light industrial (I-1), heavy industrial (I-2) one cargo/shipping/storage
container per property; must obtain or have an active permit; and
must meet and adhere to all applicable codes, regulations, and ordinances
of the city.
(2)
Cargo containers for permanent storage.
When allowed
by zoning, cargo containers may be permanently placed on the property
if all applicable building regulations are followed and the property
owner first obtains an active permit from the city. The following
rules shall also apply.
(A)
Cargo containers shall not be used for any advertising purpose
and shall be kept clean of all alpha-numeric signage and writing.
(B)
Cargo containers shall be painted in solid neutral colors (colors
which blend into the surrounding area). Any writing or graffiti that
may be placed on the container is the responsibility of the property
owner and shall be promptly removed.
(C)
A solid foundation (road base material or better) is required
for permanent accessory storage uses.
(D)
Cargo containers shall meet the setback requirements of the
underlying zone.
(E)
Cargo containers shall not be stacked above the height of a
single container device.
(F)
No plumbing may be run or connected to a cargo container.
(G)
Cargo containers must be placed toward the rear half of the
property unless screened so as to not be visible from the street and
finished in a manner which minimizes its visibility from overhead
views from nearby buildings and elevated thoroughfare sections.
(H)
Cargo containers shall not be used to store hazardous materials.
(I)
Cargo containers shall be in an approved designated area and
on the same property as the principal use and be included in the calculation
of overall lot coverage.
(J)
Cargo containers shall not occupy required off-street parking,
fire lanes, loading or landscaping areas.
(K)
Materials stored within cargo containers are subject to review
and approval by the fire department and code enforcement.
(L)
No cargo container shall be placed in a location which may cause
hazardous conditions, constitute a threat to public safety, or create
a condition detrimental to the surrounding land use and development.
(M)
All cargo containers shall be secured from entry by children
and the general public when not attended.
(N)
No cargo container may be used as living quarters.
(O)
Ventilation is not required.
(P)
Cargo containers associated with an approved building construction
project shall be permitted to remain on-site until the approval of
the project's final building inspection or the expiration of
the master building permits' expiration date (180 days), if less.
(3)
Cargo containers for temporary storage.
Businesses
with multiple containers for temporary storage must be able to produce
for inspection upon request by the city any documentation related
to shipping dates for each container on site. No cargo container shall
be kept on the premises for longer than one year. The following rules
shall also apply:
(A)
Cargo containers shall meet the setback requirements of the
underlying zone.
(B)
Cargo containers shall not be stacked above the height of a
single container device.
(C)
No electricity or plumbing may be run or connected to a cargo
container.
(D)
Cargo containers must be placed toward the rear half of the
property unless screened so as to not be visible from the street and
finished in a manner which minimizes its visibility from overhead
views from nearby buildings and elevated thoroughfare sections.
(E)
Cargo containers shall not be used to store hazardous materials.
(F)
Cargo containers shall be in an approved designated area and
on the same property as the principal use and be included in the calculation
of overall lot coverage.
(G)
Cargo containers shall not occupy required off-street parking,
fire lanes, loading or landscaping areas.
(H)
Materials stored within cargo containers are subject to review
and approval by the fire department and code enforcement.
(I)
No cargo container shall be placed in a location which may cause
hazardous conditions, constitute a threat to public safety, or create
a condition detrimental to the surrounding land use and development.
(J)
All cargo containers shall be secured from entry by children
and the general public when not attended.
(K)
No cargo container may be used as living quarters.
(L)
Ventilation is not required.
(M)
Cargo containers associated with an approved building construction
project shall be permitted to remain on-site until the approval of
the project's final building inspection or the expiration of
the master building permits' expiration date (180 days), no more
than 180 days.
(c)
Temporary or portable storage containers.
(1)
Placement.
Temporary storage containers may be
installed in all zoning districts and shall adhere to the following
restrictions and requirements:
(A)
No temporary storage container may be stacked on top of another
or on top of any other object.
(B)
Temporary storage containers shall not be used to store hazardous
materials.
(C)
Temporary storage containers shall meet the setback requirements
of the underlying zone.
(D)
No electricity or plumbing may be run or connected to a temporary
storage container.
(E)
Temporary storage containers must be placed toward the rear
half of the property.
(F)
Temporary storage containers shall not be used for any advertising
purpose and shall be kept clean of all alpha-numeric signage and writing.
(G)
Temporary storage containers shall be in an approved designated
area and on the same property as the principal use and be included
in the calculation of overall lot coverage.
(H)
Temporary storage containers shall not occupy required off-street
parking, loading or landscaping areas.
(I)
Materials stored within temporary storage containers are subject
to review and approval by the fire department and code enforcement.
(J)
No temporary storage container shall be placed in a location
which may cause hazardous conditions, constitute a threat to public
safety, or create a condition detrimental to the surrounding land
use and development.
(K)
All temporary storage containers shall be secured from entry
by children and the general public when not attended.
(L)
No temporary storage container may be used for living quarters.
(2)
Time limit.
(A)
Temporary storage containers shall be removed from the property
within thirty (30) calendar days from the date of initial installation,
delivery and/or construction. Upon request, one extension, not to
exceed thirty (30) days, may be approved by the city code enforcement
officer. The temporary placement of temporary or portable storage
containers on residentially-zoned properties, or on properties the
primary use of which is residential, for the limited purpose of loading
and unloading household contents shall be permitted for a period of
time not exceeding thirty (30) total days in any one (1) calendar
year.
(B)
In no event shall the continuous or intermittent use of a temporary
storage container exceed sixty (60) cumulative days during any twelve-month
period.
(C)
Temporary storage containers associated with an approved building
construction project shall be permitted to remain on-site until the
approval of the project's final building inspection or the expiration
of the master building permits' expiration date (180 days), if
less.
(Ordinance 2023-03 adopted 4/11/2023)
All owners of property within the city, which currently contain
cargo containers, temporary storage containers, or accessory storage
buildings on their property, at the time of the passage of this article,
are hereby "grandfathered" in. However, if the cargo containers, temporary
storage containers, or accessory storage buildings are moved, they
must comply with the terms of this article into full compliance.
(Ordinance 2023-03 adopted 4/11/2023)
This article shall include all future annexations.
(Ordinance 2023-03 adopted 4/11/2023)
Any person, firm, or corporation found guilty of violating any
of the provisions or terms of this article shall be subject to a fine
not to exceed the sum of two hundred dollars ($200.00) for each offense,
together with the costs of such prosecution. Each and every day the
offense continues shall be deemed to constitute a separate offense.
In addition to and cumulative of all other penalties, the city shall
have the right to seek injunctive relief for any and all violations
of this article.
(Ordinance 2023-03 adopted 4/11/2023)
