A. Permit Required: It shall be unlawful for any person to place or for any property owner to permit or continue the placement of a temporary storage structure or container within the city of Weiser without a permit issued by the Weiser city building official.
B. Primary Permit Conditions: Issuance of a permit to place a portable storage structure or container shall be subject to the following conditions:
1. One (1) permit may be issued for temporary placement of not more than two (2) temporary storage structures or containers for a period of time not to exceed ninety (90) days in any one calendar year.
2. Temporary storage structures or containers shall not be placed in the public right of way.
3. Permittees must comply with the setbacks and other conditions specified in the definitions portion of this chapter specific to the type of structure or container for which the permit is issued.
C. Definitions:
BULK SOLID WASTE CONTAINER: A container intended for construction, waste materials or other refuse, excluding garbage, for the purpose of removing said materials from a site.
CARGO CONTAINER: A container intended for multimodal transportation via seagoing vessel, train, and trailer. These containers are self-contained without axles or wheels.
CONSTRUCTION TRAILER/CONTAINER/PORTABLE STRUCTURE: A trailer, portable temporary container, or portable structure with or without axles and wheels, intended to support construction activity at a site with an active building permit.
PORTABLE STORAGE CONTAINER: A self-storage container that is delivered to and retrieved from a site for use as storage. Portable storage on demand, or PODs, are portable storage containers for purposes of this chapter. These containers are not on a chassis and do not have axles or wheels.
SEMITRAILERS: A mobile trailer not to exceed fifty three feet (53') in length with a chassis, axles and wheels that is towed by a truck or tractor.
TEMPORARY STORAGE STRUCTURES: A portable storage unit that does not have a permanent foundation or footing and which includes cargo containers, portable storage containers, truck trailers, construction trailers, and bulk solid waste containers.
D. Additional Permit Conditions:
1. Temporary storage structures are structures intended to provide temporary storage of goods and materials. Such temporary structure shall not interfere with the normal operation of the permanent use on the property and shall not be detrimental to property or improvements in the surrounding area. There shall also be no risk of injury to persons as a result of such storage.
2. The following additional conditions apply to all temporary storage structures or containers:
a. Cargo containers shall not exceed industry standards for width and height, and shall not exceed forty feet (40') in length. Such containers shall be located to the rear or side of the principal building and set back a minimum of two feet (2') from the side and rear property lines.
b. Portable storage containers shall not exceed industry standards for width, height, and length, not to exceed eight feet (8') wide by ten feet (10') high by forty feet (40') in length. Such containers shall be set back a minimum of two feet (2') from the side and rear property lines and ten feet (10') from front property line.
c. Semitruck trailers shall not exceed fifty three feet (53') in length.
d. Construction trailers/containers/portable structures may be used within the city provided there is an active building permit in place. Such structures shall be set back a minimum of two feet (2') from the side and rear property lines and ten feet (10') from the front property line. Such structures shall be removed within one week of the issuance of the certificate of occupancy or the issuance of a certificate of completion.
e. Bulk solid waste containers meeting the same size limitations as portable storage containers may be used within the city. Such containers shall be set back a minimum of two feet (2') from the side and rear property lines and ten feet (10') from front property lines. Such container used in conjunction with a demolition or building permit shall be moved prior to the demolition or building permit expiration, the issuance of a certificate of occupancy or the issuance of a certificate of completion.
f. No temporary storage structure shall be located so as to interfere with traffic.
g. No temporary storage structures shall be stacked upon each other.
h. The Building Inspector may authorize, upon good cause showing, the siting of a temporary storage structure offsite of the location, including within a public right-of-way provided the permit applicant also obtains a permit pursuant to 8-3-15
. in the instance of an active building permit. or within the proscribed setbacks, in any instance. Such authorization shall be in writing and shall be in the discretion of the Building Inspector. upon consultation with the Chief of Police and any other impacted City departments.
E. Emergency Permit: If any person who has been issued a permit under this Chapter finds it likely that it will be necessary to exceed the proscribed time limits of the permit because of the occurrence of an event or condition beyond such person's reasonable control, such as, and not necessarily limited to, extreme weather events, strikes, civil disorder. or other force majeure events, and if such event or condition is not attributable to such person's own negligence, then the person may apply to the City for an "Emergency Permit" under this section. Any such Emergency Permit shall be issued in the sole and absolute discretion of the Building Inspector (or other Mayor designated City official), upon consultation with the Chief of Police and any other impacted City departments. The Emergency Permit shall be valid for a period not to exceed ninety (90) days: however, a person shall be authorized to apply for additional Emergency Permits if the case so requires.
F. Penalties For Violation: The owner of any property upon which a portable storage structure or container has been placed and any individual placing such structure on the property within the city without a permit or in excess of the ninety (90) day permit, or in violation of the conditions set forth herein shall be guilty of an infraction and shall be punishable with a fine in the amount of twenty five dollars ($25.00) for each day the violation continues. (Ord. 1246, 1-9-2017; amd. Ord. 1252, 3-10-2020)