§ 161.069 NONCONFORMING STRUCTURE PERMIT.

   A shipping container which has been placed upon a property as an accessory structure prior to the date of adoption of this §§ 161.065 through 161.071 and which does not comply with the requirements of § 161.068 may continue to be placed upon the property as a permitted nonconforming structure if the following conditions are met:

   (A)   The location and use of the shipping container as an accessory structure must not be in violation of City zoning, nuisance, and other ordinances prior to the date of adoption of this §§ 161.065 through 161.071 (August 3, 2020).

   (B)   The shipping container used as an accessory structure must be registered with the City as a permitted nonconforming structure by applying for and obtaining a Building Permit prior to December 31, 2020; the Building Permit shall include the identification information and specific location for the shipping container. After December 31, 2020, use of a shipping container that has not been registered as a nonconforming accessory structure shall be unlawful; and the shipping container must be removed.

   (C)   The shipping container shall comply with the provisions of § 161.068(A), (B), (C), (D), (E), (F), and (I) of “ACCESSORY STRUCTURE” set forth above prior to December 31, 2020.

   (D)   (1)   The shipping container shall not be enlarged or altered in a way which increases its non-conformity, but the shipping container may be altered to decrease its non- conformity.

      (2)   If the shipping container is destroyed by any means to an extent of more than 25 percent of its physical structure, it shall not be repaired or reconstructed, but shall be removed and shall not be replaced. After registration, if the shipping container is moved for any reason for any distance whatever, it shall be removed from the property.

(Prior Code, Art. 21, § 21-109.9)

§ 161.070 TEMPORARY USE.

   (A)   In all Zoning Classification Districts a contractor may use a shipping container for the temporary housing of equipment and materials during active and actual construction of an improvement that is subject to and authorized by a City building permit until the contractor’s construction is completed or a certificate of occupancy for the improvement is issued, whichever is sooner; provided that in no event shall a shipping container remain upon a property without a valid unexpired permit for said shipping container; said temporary use shall be subject to the following:   

      (1)   The shipping container may be placed only after a temporary permit has first been issued by the Building Inspector; said Temporary Permit for the placement of a shipping container may only be issued in conjunction with a Building Permit for the construction site where the shipping container is to be placed.

      (2)   The temporary shipping container permit shall be valid for a period of one calendar year from the date of issuance or until the associated Building Permit expires or a certificate of occupancy is issued for the improvement subject of the Building Permit, whichever first occurs.

      (3)   The temporary shipping container shall not be placed within the public right-of-way, and shall not be placed in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon.

      (4)   The temporary shipping container may only be placed upon the construction site associated with the active Building Permit.

      (5)   The temporary shipping container must be placed a minimum of five feet away from all adjacent property lines and public rights-of-way.

      (6)   Temporary shipping containers shall not be stacked.

      (7)   The temporary shipping container must be secured at night time and maintained in good condition.

   (B)   A shipping container, temporarily upon a property, actively and actually used for the transport, shipping, or hauling of materials or goods in relation to a lawful use upon a property within an industrial or business zoned district shall not be considered an accessory structure; however, no such temporary period for a shipping container shall exceed 30 days.

(Prior Code, Art. 21, § 21-109.9)

§ 161.071 VIOLATIONS.

   Property owners who are in violation of the provisions set forth in §§ 161.065 through 161.071 as of the date of its adoption shall have until December 31, 2020 to bring a property and/or a shipping container into full compliance with the provision set forth in §§ 161.065 through 161.071.

(Prior Code, Art. 21, § 21-109.9)

ADMINISTRATION AND ENFORCEMENT - BUILDING PERMITS AND CERTIFICATES OF ZONING COMPLIANCE