A. Purpose and intent. The unregulated use, maintenance, and placement of portable storage containers (PSC's) within the City of Spearfish create potentially unsightly and incompatible conditions. The following regulations are established to allow the use of PSC's to allow residents and business owners flexibility in their use, with reasonable limits to promote compatibility with adjoining land uses.
B. Definition of a portable storage container.
1. Portable storage containers (PSC's). Standardized prefabricated metal structures originally designed for, or used in, the packing, storage, shipping, movement or transportation of cargo, freight, goods, equipment or commodities. The PSC is fully enclosed with a floor, walls, ceiling, and a sealed door to withstand harsh environmental conditions and is transported from place to place by being loaded on a flatbed trailer.
2. All trailers required to be titled and licensed in order to be towed on a highway are exempt from this definition. Structures designed for human occupancy according to HUD's standards are exempt from this definition.
C. Permitted temporary placement of PSC's - all zoning districts.
1. PSC's are permitted on private property when a city-issued building or grading permit is in effect for that same property. PSC's for city construction projects on city property or in the public right-of-way are permitted with city engineer approval.
2. If not in relation to a construction site, a maximum of one PSC is allowed without a permit to be located within a public right-of-way for a period of maximum of seventy-two (72) hours.
3. The time period in section 2. above may be extended to a maximum of thirty (30) days with the zoning administrator's approval provided that the PSC is on private property and the side setback requirements of the zoning district are met. The PSC shall be deemed as a temporary permitted use.
4. Maximum number of PSC's allowed for temporary use:
a. One (1) PSC of any size is allowed per twelve hundred (1200) square feet of building area.
b. Up to three (3) PSC's are allowed with the Zoning Administrator's approval.
D. Permitted permanent placement of PSC's.
1. A PSC shall be permitted to be permanently placed in the C-1, C-2, C-3, light and heavy industrial, and airport zoning districts. Permanent placement is prohibited in RLS-1, AG, R-1, R-2, R-3, CC, DRD, and parks recreation open space districts.
2. PSC's shall be governed by the city's adopted building codes.
3. PSC's shall be located on property where the primary permitted use is established and shall comply with the area regulations of the applicable zoning district and shall not unreasonably create an impact to parking spaces or parking lot driveways.
4. A PSC shall be placed so that it is set back the same distance from the street as the existing building. For lots having two (2) or more street frontages, at least one (1) frontage must comply with this requirement and the PSC can be placed at the building setback for the remaining frontages.
5. A maximum of two (2) PSC's are allowed to be stacked vertically.
6. A maximum of two (2) PSC's are permitted.
7. The containers shall be maintained at all times from all types of visible deterioration such as rusting, peeling paint, graffiti, etc. The owner of the portable storage container shall be responsible for its maintenance.
E. Exemptions from these regulations - the following are exempt from the regulations of this Section 10:
1. Businesses that offer PSC's for sale or rent to the public and the PSC's are stored from time to time at the business owner's commercial, industrial or airport zoned property. The aforementioned requirements for setbacks, permits, and placement locations shall not apply.
2. PSC's that are part of a construction contractor's business equipment inventory, and are stored from time to time at the contractor's place of business located in a commercial, industrial or airport zoned property.
3. PSC's that are used in connection with an emergency as declared by public safety officials.
4. PSC's that comply with the adopted building, fire, plumbing and mechanical codes of the City of Spearfish, and are used for residential and non-residential occupancy and not storage.
F. Non-conforming PSC's:
1. PSC's that exist as of October 15, 2018 that do not comply to these standards must do so by October 15, 2019.
(Ord. No. 1293, 10-15-18)