1274.07 SHIPPING CONTAINERS AND OTHER RELATED STRUCTURES.
   The use of property for the placement, use and storage of shipping containers shall be authorized only as follows:
   (a)   Permitted uses: Shipping containers are permitted in industrial, business, office and commercial zoning districts only, subject to the following conditions and restrictions:
      (1)   The shipping containers are used in the active transport of goods, wares or merchandise in support of a lawful principal use of the property.
      (2)   The shipping containers are placed or stored in areas depicted on an approved final site plan. Shipping containers placed or stored on a property for no longer than four months in a calendar year shall be exempt from site plan approval.
      (3)   The shipping containers must comply with development criteria relating to setbacks for principal buildings in the industrial zoning district and landscape buffer yards required under the Zoning Code. Shipping containers placed or stored on a property for no longer than four months in a calendar year shall be exempt from the requirements for principal building setbacks and landscaping but shall be required to obtain a permit issued by the Zoning Inspector and comply with setbacks for accessory structures in the industrial zoning district. Notwithstanding anything to the contrary, setbacks for shipping containers shall be measured from all abutting streets, whether public or private.
      (4)   Shipping containers may be stacked in industrial zoning districts only, provided that the Board of Zoning Appeals first issues a conditional use permit for any new area of land used for stacking of shipping containers, whether in connection with a new operation or expansion of an existing footprint of lawfully stacked shipping containers. Only block storage is permitted, so that the number of containers stacked vertically must be equaled or exceeded by the number of containers placed side-by-side. Additionally, the stacked containers shall comply with the Ohio Fire Prevention Code.
   (b)   Conditional uses: Shipping containers shall be deemed conditional uses in the industrial zoning districts for (1) stacking of shipping containers on new areas of land, whether in connection with a newly approved operation or expansion of an existing footprint of lawfully stacked containers; or (2) location in an area designated for industrial use in an approved planned unit development ("PUD").
   (c)   Prohibited uses: The use of property for the placement or storage of shipping containers is prohibited throughout the City as follows:
      (1)   Any use, placement or storage of shipping containers that is not related to, or in support of, the active transport of goods, wares and merchandise.
      (2)   Shipping containers may not be placed, stored, or used on property located in a PUD except in an industrial zoning designation or district, as the case may be, with a conditional use permit.
      (3)   In no event shall shipping containers be placed, stored or use for any purpose on property zoned or used principally for residential purposes or property located in a conservation zoning district.
      (4)   No shipping container shall be used as a residence or to support a residential use or home occupation.
      (5)   No shipping container shall be placed on or otherwise block or restrict access to fire hydrants, fire lanes or required parking spaces.
      (6)   No shipping container shall be used to store solid waste, as defined in Ohio R.C. Chapter 3734, unless approved as part of a lawful solid waste management facility.
      (7)   No shipping containers shall be stacked other than in industrial zoning districts with a conditional use permit.
(Ord. 23-22-A. Passed 9-5-23.)