(A) Incorporation. The preambles in the ordinance codified herein are hereby incorporated herein by this reference as if set out in full at this place.
(B) Short title. This section shall be known as the “Cargo Container Storage Ordinance for the Village of Elwood”.
(C) Definitions. The following definitions shall apply unless the context clearly indicates or requires a different meaning.
CARGO CONTAINER(S). An industrial, standardized reusable vessel that was:
(a) Originally, specifically or formerly designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities;
(b) Designed for or capable of being mounted or moved on a rail car; and/or
(c) Designed for or capable of being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship.
CARGO CONTAINER STORAGE FACILITIES. Refers to any site in which the principal use is the movement, storage on a non-permanent basis, staging or redistribution of cargo containers either on or off of a chassis.
CHASSIS. The portion of a semi-trailer configuration that is the non-powered portion which provides a way of transporting the cargo container.
PERMANENT. A time limit of storage that exceeds six months onsite without being utilized for transportation purposes.
RACKING. A method of storing a chassis on end in an upright position where the bed is perpendicular to the ground.
SPOTTING TRACTOR. A tractor utilized to pull a chassis only within the cargo container yard and which is not utilized for over-the-road hauling.
STACKING. A method of storing cargo containers or chassis in a vertical manner where the floor of the container or bed of the chassis remains parallel to the ground.
STAGING; STORAGE. The outdoor location of cargo containers on and off a chassis, or the chassis by itself until a method of transportation is established and utilized.
TRACTOR. That portion of a semi-trailer configuration that is utilized to power and pull the chassis.
TRUCK TRAILER. Refer to the definition of CHASSIS above.
(D) Location. Cargo container facilities shall only be permitted as a special use in areas designated as I-3 (Heavy Industrial) and I-4 (Large Scale Industrial Planned Development) within Category A
(Intermodal and Related Uses) or Category B (Industrial Park) Districts, provided they meet the requirements established in this section and further comply with any requirements related to special use established through the Village Zoning Ordinance and/or conditions placed on the special use permit by the corporate authorities.
(E) Requirements. All cargo container facilities shall be subject to the following provisions.
(1) Access. Cargo containers (whether on or off a chassis) may not be stored in any manner that impedes access to public rights-of-way, public utility or drainage easements, adjacent structures, buildings or the interior of the container.
(2) Lighting. Cargo container facilities shall provide adequate lighting on site, including but not limited to all entrances and exits. A lighting plan must be submitted and approved in conjunction with an application for a special use permit. All lighting must be installed in such a manner so as not to adversely affect adjacent properties.
(3) Materials stored. Materials stored in the cargo containers shall not include any material that is required to be placarded as Class 7 according to the U.S. Department of Transportation (DOT) Emergency Response Guidebook (“ERG”), as amended from time to time. All other materials stored at the facility must be properly placarded in accordance with the requirements established through the ERG.
(4) Minimum lot size. Cargo container storage facilities shall have a minimum lot size of 20 acres.
(5) Noise. Cargo container facilities shall make every effort to contain noise within the site and, in any event, comply with the provisions contained in the Elwood Noise Nuisance Prevention Ordinance (Ord. 639), as amended from time to time.
(6) Paving. Cargo container facilities shall be paved with asphalt or concrete materials in accordance with village standards. Gravel, grindings or tar and chip surfaces are not allowed.
(7) Parking. No portion of any required off-street parking or loading/unloading area shall be used for the storage of cargo containers or similar storage devices. The minimum number of off-street parking spaces required shall be one per employee, but not less than six spaces, and one space per 500 square feet of gross floor area of any structure located on site.
(8) Screening and landscaping. Screening shall be provided with a minimum width of 100 feet around the entire perimeter of the facility. Screening shall consist of a combination of fencing, berming, natural vegetation and landscaping. A berm shall contain a three to one slope and a minimum height of 15 feet. A landscaping plan must be submitted in conjunction with a special use permit.
(9) Separation distance.
(a) No cargo container or a chassis shall be stored within 1,000 feet from any property zoned or used for residential land uses or closer than 30 feet to any existing structure or building onsite.
(b) Side-by-side grouping shall not exceed 20 containers or 20 chassis in width and end-to-end grouping shall not exceed two containers or two chassis in length. The interiors of all containers in a grouping shall be accessible from the outside of the grouping. Thirty-foot paved access drives shall be maintained at all times on all sides of a grouping.
(10) Signage. No signage, other than company identification logos, shall be allowed on any cargo container unless approved in accordance with other applicable village ordinances, including but not limited to its Zoning and Sign Ordinances.
(11) Site plan. A site plan must be submitted in conjunction with the special use permit.
(12) Stacking height/cargo containers. Cargo containers shall not be stacked more than three units high.
(13) Stacking height/chassis. Empty chassis shall not be stacked more than four units high. Racking of chassis shall be limited to 40 feet in height.
(F) Cargo container maintenance facility. Any business that engages in the maintenance or repair of cargo containers, not located within a storage facility, that removes containers from the chassis, shall be subject to the same requirements as a cargo container facility.
(G) Container modifications. Cargo containers may not be modified or retrofitted for habitation. Containers shall be prohibited from having windows, heating, cooling or plumbing, or multiple entrances. Cargo containers are allowed to have electric and ventilation systems installed only to the extent necessary to meet the minimum codes and standards for lighting and air circulation for storage purposes.
(H) Fire suppression and insurance. All cargo container facilities must provide adequate means for fire and emergency vehicles to access cargo containers both on and off a chassis in the event of an emergency. All facilities engaged in storage and stacking, must carry adequate insurance and provide a certificate of insurance prior to issuance of a special use permit.
(I) Structural integrity, surety for removal.
(1) Any cargo container stored or kept on property within the jurisdiction of the village shall be safe, structurally sound, stable and in good repair.
(2) Any cargo container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property where stored or kept.
(3) Any cargo container stored or kept in violation of village ordinances shall be deemed in a dangerous condition and a public nuisance and may be immediately removed by the village.
(4) All cost or expense associated with the removal of any cargo container(s) or chassis in violation of village ordinances, including but not limited to legal fees and court costs shall be the responsibility of the property owner. All associated costs, including but not limited to legal fees and court cost, shall constitute a debt due and owed to the village and shall be recordable as a lien upon the land of the cargo container storage facility and/or property owner.
(J) Existing cargo containers. Any cargo container which existed lawfully on a parcel at the time of the adoption of this section, or of any subsequent amendment thereto, shall be removed from the property within six months of the adoption of the ordinance, unless the cargo container(s) meet the requirements of this section or an approved special use permit.
(K) Dedication of rights-of-way. Cargo container facilities shall dedicate right-of-way to the village or the respective municipality for public highway and other public purposes. The dedication shall be in a form acceptable to the village and shall be made at no expense to the village.
(L) Responsibility for public improvements. Cargo container facilities shall design and install, at no expense to the village, public improvements adjacent to the facility at the time and in the manner specified by the village in conjunction with the development or subdivision of the parcel, whichever occurs first. The improvements shall be engineered, reviewed, approved and installed according to the procedures and conditions set forth by the village.
(M) Applicability of village ordinances. Except as otherwise expressly provided herein, development and use of cargo container storage facilities shall conform with all existing village ordinances, including but not limited to zoning, subdivision, floodplain protections, storm water and detention and soil erosion and sediment controls.
(Ord. 886, passed 12-19-2007)