§ 45-529. Portable storage containers.

(a)

[Generally.] Except for lots or parcels of land whose principal use is zoned for and used by a business that leases and stores portable storage containers as permitted by subsection (j) below, the use of property for the placement, use and storage of portable storage containers shall be permitted only on a temporary basis and as follows:

(1)

Portable storage containers shall be permitted on lots or parcels of land in all zoning districts on a temporary basis provided that they are used in support of a legal principal use of the property.

(2)

Portable storage containers shall be permitted in all zoning districts subject to the following conditions:

a.

Portable storage containers shall be no larger than eight (8) feet in width, by eight (8) feet, six (6) inches in height, by sixteen (16) feet in length.

b.

Portable storage containers shall not be stacked on lots or parcels of land other than those zoned for and used by a business that leases and stores portable storage containers.

c.

Portable storage containers shall be allowed for up to sixteen (16) days without a permit. Businesses that lease and store portable storage containers shall furnish the zoning administrator with information identified on a form prepared by and obtained from the zoning administrator at the time that the portable storage container is placed on real property in the city. Portable storage containers stored on property for longer than sixteen (16) days shall not be permitted until the owner and/or occupant of the property has obtained a permit for same issued by the zoning administrator.

d.

A portable storage container used in a commercial, office and industrial zoning district shall comply with setbacks applicable to accessory structures in the zoning district in which the container is located and a fee for the placement of same must be paid as required in this section. A portable storage container used on residential property shall be subject to the setback requirements identified in subsection (b)(3) below.

e.

Portable storage containers shall be permitted for the storage of construction-related materials on a lot or parcel for which a construction permit has been issued.

f.

Portable storage containers shall not be used for the storage or transport of solid waste, hazardous materials, explosives and unlawful substances and materials.

g.

Portable storage containers shall not be placed in public streets or rights-of-way or block public access to such or to fire hydrants, water meters, or storm water facilities.

h.

A placard indicating the date of delivery of each portable storage container shall be affixed to the portable storage unit and be clearly visible.

i.

Portable storage containers shall not be permitted on any lot or parcel of land for more than two (2) separate periods during any calendar year.

(b)

Use of portable storage containers on lots or parcels of land zoned for or used as single-family or two-family residences. In addition to the regulations contained in subsection (a), the use of a portable storage container on property zoned or used for single-family or two-family residential purposes shall be permitted on a lot or parcel of land provided that:

(1)

No more than one (1) portable storage container shall be located on a lot or parcel of land, unless it is a two-family residence where both units are being occupied at the same time.

(2)

No other type of portable storage container or shipping container shall be located on the same lot or parcel of land.

(3)

A portable storage container placed in the front yard of a lot or parcel of land shall be set back a minimum of fifteen (15) feet from the edge of the curb. If no curb exists, the portable storage container shall be set back fifteen (15) feet from the edge of the pavement. In all cases, however, a portable storage container shall be set back to at least the front property line. A portable storage container may be placed in a side or rear yard provided that it does not encroach on adjacent property.

(c)

Use of portable storage containers on lots or parcels of land zoned for or used as multi-family residences. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned for or used for multi-family residential purposes shall be permitted only upon an on-site parking space or within the dwelling unit's front yard, provided that placement of portable storage containers shall be governed in the same manner as the front yard placement provisions set forth in subsection (b)(3) above.

(d)

Use of portable storage containers on lots or parcels of land zoned or used for office purposes, including C4 Oyster Point Business District uses. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for office purposes, including C4 Oyster Point Business District uses, shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed upon an on-site parking space.

(e)

Use of portable storage containers on lots or parcels of land zoned or used for commercial purposes. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for commercial purposes shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed upon an on-site parking space.

(f)

Use of portable storage containers on lots or parcels of land zoned or used for mixed use purposes. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for R9 Mixed Use Development uses, Neotraditional Overlay District uses, Lower Jefferson Avenue Urban Corridor Overlay District uses, C3 Regional Business District uses, or Oyster Point Urban Core District uses shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed upon an on-site parking space.

(g)

Use of portable storage containers on lots or parcels of land zoned or used for industrial purposes, including C5 Oyster Point Business/Manufacturing District. In addition to the regulations contained in subsection (a), the use of portable storage containers on property zoned or used for industrial purposes, including C5 Oyster Point Business/Manufacturing District, shall be permitted on a lot or parcel of land provided that the portable storage container shall be placed within an outside storage area as identified on an approved site plan.

(h)

Extension period of time limit. Should the owner and/or occupant of the lot or parcel of land desire to keep the portable storage container on site for more than a sixteen (16) consecutive calendar day period, for good cause shown, the owner and/or occupant may apply to the zoning administrator for approval of a permit for up to seventy-four (74) additional consecutive calendar days beyond the permitted sixteen (16) consecutive calendar days; it is the intent of this provision that portable storage containers may be kept on sites for no more than ninety (90) consecutive calendar days during the extension period. Good cause may include, but is not limited to, the fact that the structure on the lot or parcel site is undergoing renovation, repair or reconstruction during the requested time extension. If the zoning administrator determines that good cause exists for the requested extension, a permit fee as established herein must be paid prior to the issuance of the permit. If required, a construction permit must have been issued for the renovation, repair or reconstruction, and remain valid during the extension period. No extension may be granted until the permit fee has been paid.

(i)

Portable storage container permit fees. The permit fee for placement of any portable storage container on a lot or parcel of land in the city for more than sixteen (16) consecutive calendar days shall be as follows:

(1)

A portable storage container fee of thirty-five dollars ($35.00) shall be paid by the owner and/or occupant of the lot or parcel of land to the department of codes compliance prior to the sixteenth (16th) consecutive calendar day for the placement of a portable storage container for a period of time that exceeds sixteen (16) consecutive calendar days.

(2)

If the owner and/or occupant of the lot or parcel of land has not paid the portable storage container fee of thirty-five dollars ($35.00) as required in subsection (1) herein, the cost of the permit fee which must be paid by the owner and/or occupant of the lot or parcel of land shall be seventy dollars ($70.00) for the placement of a portable storage container for a period of time that exceeds sixteen (16) consecutive calendar days.

(3)

Each portable storage container permit shall expire at the end of an approved extension or the expiration of the construction permit but, in no event, shall the permit be valid more than ninety (90) days after placement of the portable storage container on a lot or parcel of land.

(j)

Use of portable storage containers as a principal use. The business of leasing and storing portable storage containers as defined by this ordinance may be conducted as a principal use in the industrial zoning districts, including C5 Oyster Point Business/Manufacturing District, provided that the said business complies with the requirements of sections 45-402 and 45-521 of the zoning ordinance and the criteria of the applicable zoning district.

(k)

If the sixteenth (16th) day during which a portable storage container is permitted to remain on a lot or parcel of land occurs on a weekend or holiday, the owner and/or occupant of said lot or parcel of land shall have until the next working day of the city to make the application required by this section.

(Ord. No. 6269-06, § 1)

(Ord. No. 6269-06, § 1)