[HISTORY: Adopted by the Mayor and Council
of the City of Hagerstown 6-18-2013 by Ord. No. O-13-12.[1] Amendments noted where applicable.]
[1]
Editor’s Note: This ordinance also provided for the
repeal of former Ch. 184, Property Maintenance, adopted 4-1-1974,
as amended.
This chapter shall be known and may be cited as the "City of
Hagerstown Portable Storage Container Ordinance."
It is hereby declared and ordained by the Mayor and Council
of the City of Hagerstown to be the public policy of the City to preserve,
protect and improve the aesthetic nature of the community and to prevent
and prohibit conditions existing or the use of any premises or building
exteriors or property which shall be detrimental or is detrimental
to the property of others or which causes or tends to cause substantial
diminution in the value of the other property in the neighborhood
in which such premises are located.
As used in this chapter, the following terms shall have the
meanings indicated:
Any condition or use of a premises or property which is detrimental
to the property value of others or which causes or tends to cause
substantial diminution in the value of other properties in the neighborhood
in which said premises or property is located. For the purposes of
this chapter, such a condition includes but is not limited to maintenance
of a portable storage container upon a premises in violation of this
chapter.
Any individual, partnership, firm, corporation, association
or legal entity of whatsoever kind or nature. "Person" shall include
the owner(s), tenant(s), lessee(s), and/or occupant(s) and/or person(s)
in charge of the real property upon which a nuisance condition exists.
A "person" shall also mean the owner(s), lessee(s), or any individual(s)
having control over the transport, delivery or placement of a portable
storage container which constitutes a nuisance condition pursuant
to this chapter.
Any self-supporting container, usually metal or metal-framed,
designed and used predominately for storage. "Portable storage container"
includes any type of prefabricated container which is or resembles
a modified tractor trailer, railroad car, or intermodal shipping container.
"Portable storage container" includes but is not limited to any container
known as a storage box, pod, "C" container or sea container.
A.
No person or owner leasing, occupying or having charge of any premises
or property shall maintain or keep any nuisance thereon as defined
herein, nor shall any person keep or maintain any said premises in
a manner causing substantial diminution in the value of the other
properties in the neighborhood in which said premises are located.
B.
No person shall maintain on any such premises or property a portable
storage container except as approved in accordance with this chapter.
No person shall transport, deliver or place a portable storage container
upon any premises or property except as permitted herein.
The aforegoing notwithstanding, portable storage containers
may be allowed on a limited, temporary basis in commercial or industrial
zones only, after the issuance of a permit from the Community and
Economic Development Department. Said permit(s) may be issued for
a maximum period of six months in any calendar year, so long as the
proposed location of the portable storage container(s) is in compliance
with all zoning and setback requirements for buildings and structures
and is either to the rear of the premises or property or is appropriately
screened to satisfy reasonable aesthetic concerns. In no case shall
portable storage containers be permitted to exceed a height of 12
feet or a width of eight feet, nor shall the stacking of portable
storage containers be permitted.
Any person who violates § 184-4 of this chapter, or who shall fail to abate said violation after proper notice, shall, upon conviction thereof, be guilty of a municipal infraction and subject to a fine of $500 for each offense. A separate offense shall be deemed committed for each day on which the violative condition exists.
