Regulation - Portable Storage Container
The regulation from Chicago Suburb clearly does not consisder the needs of the residents and the many uses of this product. Following is an example of a regulation that truly meets the needs of residents and local government, and still allows a viable service provider to continue to service the needs of the community.
BE IT ORDAINED BY THE CITY OF LAKEWOOD, STATE OF OHIO
Section 1. That a new Chapter 717 be added to the Business Regulation Code, Part Seven, of the Codified Ordinances of the City of Lakewood, to read as follows:
“717.01 TITLE, PURPOSE, AND OBJECTIVES
a) Title. This chapter shall be known and may be cited as the "Lakewood
Portable Storage Container Ordinance."
b) Purpose and Objectives. It is the purpose of this chapter and the policy
of the City to establish standards for the licensing, regulation and control of portable storage containers and the objectives of this chapter are to prevent safety and fire hazards, disruption of pedestrian or vehicular traffic, and disorderly or unsightly temporary structures within the City.
717.02 CONSTRUCTION AND SEVERABILITY
a) Construction. This chapter shall be liberally construed and applied to
promote its purpose and objectives.
b) Severability. If any provision of this chapter or the application thereof
to any person or circumstance is held invalid or unconstitutional by any court of competent jurisdiction, such provision shall be deemed a separate, distinct and independent provision, and neither the remainder of this chapter nor the application of such provision to other persons or circumstances shall be affected thereby.
717.03 DEFINITIONS
The term “portable storage container” shall be defined as a transportable, fully-enclosed, box-like container that is (i) designed for temporary storage of personal property household items, wares, and building materials or merchandise, (ii) typically rented to owners or occupants of property for their temporary use, and (iii) delivered and removed by truck. Such containers are uniquely designed for their ease of loading to and from a transport vehicle.
717.04 PORTABLE STORAGE BUSINESS LICENSE REQUIRED.
No person shall place a portable storage container in the City without
having first obtained a license therefor as provided in this chapter, which license shall be designated as a "portable storage business license.”
717.05 LICENSING AUTHORITY ESTABLISHED.
Authority is hereby established and vested in the Building Commissioner to consider applications for licenses under this chapter, conduct investigations thereon, and issue or deny issuance of such licenses based upon the criteria set forth in this chapter.
717.06 NATURE OF LICENSE
Any portable storage container company must obtain a portable storage
license to operate in Lakewood and must abide by the provisions of this Chapter to maintain that license. The license application will be in a form approved by the Building Commissioner, but such license must include telephone and email contact information to enable the City to contact the portable storage company regarding any issues related to the placement of its portable storage containers within the City. The license shall require the portable storage company to provide written notification, including electronic email notification, to the City regarding the delivery and pickup of each portable storage container with the City. Such notification must include the customer name, address, telephone number and the scheduled delivery or pickup date of the portable storage container. The license shall require a one-time fee of $50.
717.07 CONDITIONS AND REGULATIONS
Portable storage containers that are located outside of an enclosed building or structure, and are visible from adjacent properties or the public right of way, shall be allowed only as specified in this section and subject to the following regulations:
(a) General requirements. The following general requirements shall apply to all portable storage containers regardless of district:
(1) Portable storage containers shall be located in such a manner as to not impair a motor vehicle operator’s view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way.
(2) Portable storage containers shall be located in such a manner as to not obstruct the flow of pedestrian or vehicular traffic.
(3) Portable storage containers are to be used for storage incidental to the principal use on the same zone lot. Storage trailers shall not be used for retail sales or any other principal use.
(4) Portable storage containers shall be allowed on the property to enable the property owner or occupant to mitigate further damage to personal property or real property and to prevent the theft of tools, materials, supplies or other property utilized in the mitigation, restoration, or renovation of the property.
(5) Portable storage containers placed on residentially zoned property shall not exceed eight and one half (8 1/2) feet in height, eight (8) feet in width, and sixteen (16) feet in length.
(6) Portable storage containers shall not be placed in front of the main building line or in the side yard of premises in violation of other provisions of the building and zoning codes of the City, nor shall this chapter be deemed to grant any special exemption from the other ordinances and regulations of the City concerning temporary signs or structures.
(b) Requirements by zoning district. The following regulations shall apply depending upon whether a portable storage container is located in a residential or non-residential district:
(1) Residentially zoned property: Portable storage containers shall be allowed on residentially zoned parcels in accordance with the following:
i) Time limitations: No more than thirty (30) continuous days, or a longer period of time if placed in conjunction with an active building permit for building new construction, remodeling existing buildings, or in conjunction with the restoration or mitigation to prevent further damage to the property, (both real and personal property) following a natural disaster, fire, water leak, sewage back-up, electrical failure or other similar damage to the property and not to exceed twenty-four (24) hours before and after such activity in accordance with such building permit. As with trash dumpsters and portable toilets, as otherwise provided for in the ordinances of the City, portable storage containers may be permitted to exist and coincide with a valid building permit for purposes of reconstruction and or remodeling of said residence.
ii) Number: One portable storage container for each 2,000 square feet of floor space in the residence up to a maximum of three containers at any one time. However, there shall be no limitation on the number of portable storage containers if the use is in conjunction with the restoration of, or mitigation to prevent further damage to the property (both real and personal property) following a natural disaster, fire, water leak, sewage back-up, electrical failure or other similar damage to the property.
(2) Non-residentially zoned property: Portable storage containers shall be allowed on non-residentially zoned parcels in the same manner that other temporary structures are allowed, except that nothing in this section shall amend or alter other limitations and regulations that may be imposed or required by the building and zoning codes of the City.
(c) Exceptions. In the case of emergencies, such as floods, wind storms, fires, or other acts of God, and man made disasters such as sewage back-ups, water leaks, electrical overloads and other such events that damage property, code enforcement officials may be allowed to relax enforcement of the provisions of this regulation and make reasonable allowance for the extension of all time periods, limits on numbers of containers, locations of containers on the property and other appropriate waivers where necessary to assist in recovery, restoration, mitigation of further damage and construction efforts.
(d) Enforcement. If the owner or occupant of any parcel where a portable storage container is located at the request of the owner or occupant receives a notice of correction to remove the portable storage container, then such owner or occupant shall have a maximum of ten (10) business days from the actual receipt of the notice of correction to remove the container.
(e) Fine. Any owner or occupant who contracts to rent a portable storage container and who violates, or refuses to comply with, or who resists the reasonable enforcement of any of the provisions of this article, may, in addition to any other penalties or remedies under the building and zoning codes of the City, upon conviction of violations of this chapter, be additionally charged and fined as a minor misdemeanor for each offense. In addition to such fines or charges, the City may seek to obtain an injunction for the purpose of enforcing the terms of this chapter, and no limitation on the City’s powers or rights to such injunctive relief shall be construed from the provisions of this chapter.
(f) Conflicts. All provisions of this chapter which conflict with other provisions of the building and zoning codes of the City shall be construed to provide maximum coordination and compliance with those building and zoning codes.”
Section 2. It is found and determined that all formal actions of this Council concerning and relating to the passage of this ordinance were adopted in an open meeting of this Council, and that all such deliberations of the Council and of any committees that resulted in such formal action were in meetings open to the public in compliance with all legal requirements.
