ORDINANCE NO. 843
AN ORDINANCE AMENDING TITLE 13, CHAPTER 5, SECTION 8
(13-5-8) "SHIPPING CONTAINERS" OF THE SHELBY MUNICIPAL CODE
 
   WHEREAS, the current ordinance regulating Shipping Containers used for storage located within city limits only contemplates their use as permanent and semi-permanent storage; and,
 
   WHEREAS, the current ordinance restricts Shipping Containers to the General Industrial Zone only unless a zoning variance is granted through the variance procedure; and,
 
   WHEREAS, construction contractors, property owners, and other persons are increasingly using Shipping Containers for temporary storage while completing construction and other projects; and
 
   WHEREAS, the City Council sees a need to allow the temporary use of Shipping Containers as storage for tools, equipment, and material used for completing certain projects outside the General Industrial Zone; and
 
   WHEREAS, the City Council desires to simplify and expedite the variance procedure for such temporary use of Shipping Containers outside of the General Industrial Zone.
   
   THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF SHELBY, MONTANA that Title 13, Chapter 5, Section 8, of the Shelby Municipal Code [13-5-8 S.M.C.] shall be amended as follows and in full force and effect in the City of Shelby, Montana.
 
13-5-8: SHIPPING CONTAINERS
A.   As used in this section, "Shipping Container" means a shipping container including a conex, crate, or other items used for shipping goods and semi-truck trailers with their wheels and axles removed.
 
B.   Shipping containers are allowed only in the General Industrial Zone unless an exception under section 13-5-8(C) or (D) is granted.
 
C.   Exception for Low Density Residential and Medium Density Residential Zoning Districts.
 
   1.   The City Building Inspector has the authority to grant an applicant a written permit to place a Shipping Container in a Low Density or Medium Density Residential Zone for use as temporary storage of construction equipment, tools, and building materials for a construction, remodel, or other building projects for a period not to exceed 3 months under the following criteria:
 
      a.   All of the owners of properties located such that the Shipping Container is visible from their properties agree to the temporary placement of the Shipping Container for up to 6 months.
 
      b.   The Shipping Container shall be in good condition, repair, appearance, free of graffiti and other blemishes, and painted a single neutral color.
 
      c.   The worksite near the Shipping Container shall be kept neat and orderly at all times.
 
      d.   The Shipping Container shall be securely closed when not in use to prevent unauthorized access.
 
      e.   Other reasonable conditions that the Building Inspector deems necessary for the safety, good order, and appearance of the area.
 
      f.   The Building Inspector's written permit shall include a reasonable time frame for completion of project and removal of the Shipping Container.
 
      g.   The Building Inspector's written permit shall include a provision that he may revoke the permit at any time for any violation of the conditions of the permit.
 
      h.   The Building Inspector's written permit shall include a provision that upon revocation or expiration of the permit, the City may remove the Shipping Container pursuant to this Ordinance at the cost of the permittee, if the permittee fails to do so within the time allotted by this Ordinance. 
 
      g.   The Building Inspector's written permit shall be signed and agreed to by the applicant of the permit.
 
   2.   The Mayor may grant a one-time 3 month extension of the Building Inspector's permit only if the permittee has complied with the conditions of the original permit and the permittee applying for the extension reasonably requires additional time to complete the construction or remodel project.  The Mayor has the discretion to amend, delete, or add to the conditions of the original 3 month permit
 
   3.   Upon expiration of the Building Inspector's permit under this section, the Mayor's period of extension, or revocation of the permit, the permittee must remove the Shipping Container within 10 days or have an approved variance as authorized under this Code.  If the Shipping Container is not removed after 10 days, the City may remove the Shipping Container and store it along with its contents in a secure location on City property until the permittee or owner pays the City the reasonable costs of removing and storing the Shipping Container.   
 
D.   Exceptions for Central Business, Central Business 2, Highway Business, Highway Business 2, and Rural Residential Zoning Districts.
 
   1.   The City Building Inspector has the authority to grant an applicant a written permit to place a Shipping Container in Central Business, High Business, and Rural Residential Zoning Districts for use as temporary storage of construction equipment, tools, and building materials for a construction, remodel, or other building projects for a period not to exceed 1 year under the following criteria:   
 
      a.   All of the owners of properties located such that the Shipping Container is visible from their properties agree to the temporary placement of the Shipping Container for up to 1 year.
 
      b.   The Shipping Container shall be in good condition, repair, appearance, free of graffiti and other blemishes, and painted a single neutral color.
 
      c.   The worksite near the Shipping Container shall be kept neat and orderly at all times.
 
      d.   The Shipping Container shall be securely closed when not in use to prevent unauthorized access.
 
      e.   The permittee is making continuous progress and reasonable efforts to complete the project.
 
      f.   Other reasonable conditions that the Building Inspector deems necessary for the safety, good order, and appearance of the area.
 
      g.   The Building Inspector's written permit shall include a reasonable time frame for completion of project and removal of the Shipping Container.
 
      h.   The Building Inspector's written permit shall include a provision that he may revoke the permit at any time for any violation of the conditions of the permit.
 
      i.   The Building Inspector's written permit shall include a provision that upon revocation or expiration of the permit, the City may remove the Shipping Container pursuant to this Ordinance at the cost of the permittee, if the permittee fails to do so within the time allotted by this Ordinance.
 
      j.   The Building Inspector's written permit shall be signed and agreed to by the applicant of the permit.
 
   2.   The City Council may resolve to grant an extension of the permit upon the expiration of the Building Inspector's 1 year permit.  The City Council may modify, add, or delete any of the conditions set forth in the Building Inspector's expired permit.  The City Council shall consider at least the following before granting an extension:
 
      a.   The nature of the project.
 
      b.   The reason(s) the project was not completed during the Building Inspector's permit.
 
      c.   The permittee's compliance with the conditions set forth by the Building Inspector's 1 year permit.
 
      d.   The impact of the Shipping Containers to the surrounding area.
 
3.   Upon expiration of the Building Inspector's authorized period of the permit under this section, the Mayor's period of extension, or revocation of the permit, the permittee must remove the Shipping Container within 10 days or have an approved variance as authorized under this Code.  If the Shipping Container is not removed after 10 days, the City may remove the Shipping Container and store it along with its contents in a secure location on City property until the permittee or owner pays the City the reasonable costs of removing and storing the Shipping Container.
 
E.   This Ordinance applies to all Shipping Containers located outside of the General Industrial Zone prior to enactment of this Ordinance.  Any person who has placed or places a Shipping Container outside of the General Industrial Zone without an approved variance must apply for a temporary permit within 5 days of notice from the Building Inspector.
      
   READ AND PROVISIONALLY ADOPTED by the City Council of the City of Shelby, Montana on the first reading on the 21st day of December, 2020, and finally adopted by the City Council of the City of Shelby, Montana on second reading and approved by the mayor on the 4th day of January, 2021.
 
______________________________
GARY McDERMOTT, MAYOR
ATTEST:
 
 
__________________________________
JADE GOROSKI, FINANCE OFFICER