(A) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DUMPSTERS. Storage container units designed for waste materials of a size greater than 100 gallons, not including any of the containers provided by or approved for use by any waste disposal company hired by the city for garbage, yard waste or recycling.
TEMPORARY or PORTABLE STORAGE UNITS. Sometimes referred to as PODS, these units are defined as any storage device, trailer, vehicle, or other container or receptacle (with or without wheels) designed and used primarily for the temporary storage of building material, household goods, personal items and other material on a limited basis. The term shall not include dumpsters, which are described separately herein.
(B) Regulation: temporary storage units and dumpsters.
(1) Temporary storage units and temporary dumpster units in all zoning districts shall be allowed only upon the issuance of a permit by the City of Lyndon. Permits shall be displayed on the outside of the container in such manner as to be plainly visible from the nearest street. The fee for permits shall be $15 per unit, except that there shall be no fee if such containers are to be located on a site for less than 72 hours.
(2) Each permit application must be filled out and signed by the owners of the lot on which the temporary storage unit is to be located and contain all relevant contact information for both the owners and the company from which the unit is to be rented. The permit application shall be accompanied by a drawing showing where the unit is to be located and whenever possible, the unit must be located on the lot behind the front wall of the principal structure and on a hard surface. Such unit shall be located no closer than ten feet to any property line and shall not be located in any required rear, front or side yard, or any public right-of-way. If the lot configuration makes it impossible for the storage unit to be placed, a case-by-case review of the placement shall be made by the City of Lyndon as to whether to issue a special permit for another location on the lot, or adjacent to the lot, given due regard to the public health, safety and aesthetics.
(3) No temporary storage or dumpster unit may be used to contain any hazardous material. Any possible hazardous material must be disclosed to the City of Lyndon at the time the permit application is made for review by the proper city official, prior to the issuance of any permit.
(4) Storage and dumpster units must be in good condition, with no significant rust or deterioration. They cannot be greater than eight feet in height, ten feet in width and 20 feet in length. No more than two can be placed on any residential lot at one time, except for commercially zoned properties, provided they also meet the minimum requirement of the General Development/Detailed Development Plan for the site; binding elements, and current regulation of such items in the Metro Louisville Zoning Regulations.
(5) Permits are good for one period of 30 consecutive days. At the expiration of the 30-day period, applicants may seek to extend their permits for one additional 30-day period by seeking an extension for cause from the City of Lyndon at a cost of $25.
(6) No additional permit may be issued in any calendar year in which a permit has been granted until the expiration of 45 days from the end of the permit and/or extension term. There are no extensions from additional permits.
(C) Exceptions.
(1) Commercial or industrial zoned property, which has properly applied for and been granted by the Louisville Metro Zoning Authority the right to locate temporary storage on the site, is exempt from this regulation as it relates to storage units. This exemption is utterly conditional on full compliance with the General Development/Detailed Development Plan for the site, binding elements, and current regulation of such items in the Metro Louisville Zoning Regulations.
(2) Commercial, office or multi-family zoned property whose garbage pickup is through a permanent dumpster pickup is exempt from this regulation, as it relates to dumpster units. This exemption is utterly conditional on full compliance with the General Development/Detailed Development Plan for the site, binding elements, and current regulation of such items in the Metro Louisville Zoning Regulations.
(3) In the case of emergencies, such as floods, wind storms, fires or other acts of God, or man-made disasters, the Mayor shall be allowed to suspend the enforcement of this chapter as to the city as a whole, or areas of the city, for a time period appropriate for the community to deal with such emergency conditions.
(4) Due to the physical requirements of construction, or reconstruction of buildings and houses, special rules shall govern both the temporary storage units and dumpsters at construction or reconstruction sites. On any site on which a building permit is to be issued, prior to the city issuing a letter of compliance, the applicant shall submit all information required under divisions (B)(1) and (B)(2) of this section; however, the Mayor is authorized to extend the time the units may remain on site, the number of units allowed and the locations where they may be placed. This decision shall be made with due regard to the physical limitation of the work to be accomplished on the site, on a case-by-case basis.
(Ord. 6-25-07, passed 7-23-07) Penalty, see § 92.99