§ 10B. REGULATIONS AND DESIGN GUIDELINES FOR ACCESSORY STRUCTURES

Latest version.

10B-100. General provisions and standards—All accessory uses.

(a)

Accessory uses included. Accessory uses and structures are permitted in all zoning districts unless specifically prohibited in this section.

(b)

Accessory use/structure. Accessory structures shall include, but not be limited to, fences, detached garages, storage sheds, carports, gazebos/arbors, pools, patios/patio covers, decks, recreational and play equipment, swimming pools/hot tubs and greenhouses.

(c)

Applicable regulations. An accessory use or structure is clearly incidental and secondary to an existing principal use and does not change the character of the principal use. It is located on the same parcel as the associated principal use. All accessory uses and structures shall be subject to the general, dimensional, operational, and use-specific regulations stated in this Code of Ordinances, in addition to the same regulations that apply to the principal use in each district. In the case of any conflict between the accessory use/structure standards of this section and any other requirement of this Code of Ordinances, the standards of this section shall control. Building permit review is required for accessory uses, unless specifically exempted in this Code of Ordinances. No recreational play equipment or playhouse shall occupy space in the front yard.

(d)

Definitions. The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Arbor shall mean a stand-alone structure designed with lattice used to support climbing plants.

Cargo container shall mean a pre-manufactured structure that is delivered to a site as a fully contained unit. This shall include a container that is designed as a shipping container and used for portable storage; but shall exclude storage sheds that are assembled at the site. A cargo container, as defined herein, shall be considered a structure for purposes of the International Building Code.

Carport shall mean a structure that is open on a minimum of two sides and designed or used to shelter not more than three vehicles and not to exceed 24 feet on its longest dimension.

Donation boxes shall mean an unattended booth, receptacle or combination thereof designed with a door, slot or other opening that is intended to accept and/or store donated items.

Gazebo shall mean an accessory building consisting of a detached, covered, freestanding, open-air structure not exceeding 300 square feet.

Patio shall mean a level, all weather surfaced area, also referred to as a terrace, directly adjacent to a principal building at or within three feet of the finished grade.

Patio cover shall mean a roofed structure supported by columns, which may be attached to or detached from the principal structure, located over a patio and is open on at least three sides.

Pergola shall mean an arbor or trellis treated architecturally, for aesthetics and meets structural requirements required by the International Building Code (IBC), as amended.

Portable on-demand storage container shall mean a transportable, fully-enclosed, box-like container that is:

(1)

Designed for temporary storage of personal property items, wares and/or building materials or merchandise;

(2)

Typically rented to owners or occupants of property for their temporary use; and

(3)

Delivered and removed by truck.

Such containers are uniquely designed for their ease of loading from a transport vehicle.

(e)

General standards. All accessory uses, structures and activities shall meet the following standards:

(1)

The accessory use or structure:

(A)

Directly serves the principal use or structure and is reasonably and customarily incidental to the principal use or structure;

(B)

Is subordinate in area, size and height to the principal structure;

(C)

Is located on the same lot as the principal use or structure; and

(D)

Is owned or operated by the same person or entity as the principal use or structure.

(2)

Maximum lot coverage. The principal use or structure, together with the accessory use/structure, shall not violate the maximum lot coverage requirements of this Code of Ordinances or the governing planned development standards, whichever is greater. Lot coverage shall be defined as the percentage of the property covered by structures including the primary dwelling "footprint" and all accessory structures. All impervious surfaces shall be included in the calculation of lot coverage, except swimming pools, hot tubs, sidewalks and driveways. Projecting balconies, carports, stairways, porches, patio covers, patios and decks more than 30 inches above grade are also considered when calculating lot coverage, as are roof overhangs exceeding four feet.

(3)

Order of construction. No accessory use or structure shall be constructed or established prior to the principal use or structure.

(4)

Primary structure. No accessory uses or structures are permitted on a lot or tract without the existence of a primary structure.

(5)

Maximum number of accessory uses, buildings and structures. There is no maximum number of accessory use buildings or structures permitted per lot; however installation of an accessory use shall not cause the property to exceed the maximum lot coverage. Accessory uses, buildings and structures that cause the property to exceed the maximum lot coverage are prohibited and will be denied.

(6)

Height for accessory uses buildings and structures. The maximum height of accessory uses shall be 16 feet or the height of the principal structure, whichever is less.

(7)

Roof. Roofs on carports, patio covers, detached garages and storage buildings have to have minimum pitch as required by the IBC to allow for drainage.

(8)

Municipal accessory structure. A municipal-owned structure separate from the primary structure that is used for municipal operations including, but not limited to, structures to provide shade, ancillary storage, activity space, and similar uses.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 4, 8-2-2017)

10B-200. Table of permitted accessory uses.

(a)

Table as guide to permitted accessory uses. Any accessory use or structure not listed in the table of permitted accessory uses will be reviewed in accordance with the standards of subsection (c).

(b)

Listed accessory uses. Table 10B-200 lists the types of accessory uses, structures and activities that are permitted in each of the zoning districts. If a specific accessory use is permitted in a zoning district, the column underneath the zoning district will be marked with a "P." If the accessory use or structure is not permitted in a particular zoning district, the column will be left "blank." If there is a reference contained in the column entitled "additional requirements," please refer to the cited section(s) for additional standards that shall apply to the specific accessory use.

(c)

Interpretation of unlisted uses. The development services director shall evaluate potential accessory uses that are not identified in the table of permitted accessory uses on a case-by-case basis. In making the interpretation, the development services director shall apply the following criteria and standards:

(1)

The definition of "accessory use" stated in this Code of Ordinances and the general accessory use standards stated in this section;

(2)

The purpose and intent of the subject zoning district;

(3)

Any potential adverse impacts the accessory use may have on other properties in the area, compared with other accessory uses permitted in the zoning district; and

(4)

The compatibility of the accessory use with other principal and accessory uses permitted in the zoning district.

(d)

Municipal accessory structure. The provision of this section shall apply to a municipal accessory structure. Upon the submission of a detailed site plan for a municipal accessory structure as defined herein, the development services director may approve the site plan, except that if strict application thereof would impair the public health, safety and welfare as determined by the development services director. In the event that approval is not provided by the development services director, the city council may find that placement of such structure protects the health, safety and welfare of the community and approve it with or without conditions.

Table 10B-200

Table of Permitted Accessory Uses

P = Permitted Use NP = Not Permitted S = Specific Use Permit

Specified Accessory Use

MF1

MF-2

MF-3

MF-4

MF-5

See additional regulations

Cargo containers (temporary or long-term)

Section 10B-1500

Carports

Section 10B-300

Detached garages

Section 10B-400

Municipal accessory structure

Patios and decks

Section 10B-500

Patio covers, arbors, gazebos and pergolas

Section 10B-600

Portable on-demand storage container (temporary)

Section 10B-1400

Recreational play equipment and playhouses

Section 10B-800

Storage buildings less than 120 square feet or less than eight feet in height accessory to residential uses

Section 10B-900

Storage buildings greater than 120 square feet or greater than eight feet in height

Section 10B-1000

Swimming pools and hot tubs

Section 10B-1100

(Ord. No. 2012-1985, § 2, 11-20-2012)

10B-300. Standards for carports.

(a)

Permit required. All carports require a building permit and associated fees.

(b)

Location. No carport shall occupy space in the front or side yard.

(c)

Setbacks. Detached carports may be located closer than three feet to the primary structure if the accessory structure is properly permitted, is not used for storage, and does not have walls.

(d)

Setbacks from easements. No carport shall be located within any platted or recorded easement or over any known utility, unless the easement grantee(s) and the property owner enter into, and are granted, a license agreement to allow the easement encroachment.

(e)

Design. Carports shall be designed to be in accordance with the adopted International Residential Code, as amended.

(f)

Material. Carports shall be constructed of wood, metal, brick, stone or other approved material intended for the exterior of a structure.

(g)

Utilities limited. Water and sewer lines may not be extended to a carport. Electric utilities are permitted but must use the same meter as the primary structure.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 5, 8-2-2017)

10B-400. Standards for detached garages accessory to residential use.

(a)

Permit required. All detached garages require a building permit and associated fees.

(b)

Location. No detached garage shall occupy space in the front or side yard.

(c)

Setback from primary structure. All detached garages must maintain a three-foot setback from the primary structure.

(d)

Setback from property lines. Detached garages shall be located at least three feet from any property line.

(e)

Setbacks from easements. No detached garage shall be located within any platted or recorded easement or over any known utility, unless the easement grantee(s) and the property owner enter into and are granted a license agreement to allow the easement encroachment. A copy of the completed license agreement shall be submitted with the building permit application.

(f)

Design. Detached garages shall be designed in accordance with the adopted International Residential Code, as amended. The exterior walls of detached garages must be constructed with materials consistent with section 17.106 of the Zoning Ordinance, as amended. The construction material shall be similar in style and content of the primary structure, unless the governing planned development has exterior materials standards that differ from this Code of Ordinances. In that case, the governing planned development standards would apply.

(g)

Dwelling units prohibited. No dwelling unit shall be located in any detached garage.

(h)

Utilities limited. Water and sewer lines may be extended to a detached building or structure on a residential lot or parcel but must use the same meter as the primary structure. Electric utilities are permitted but must use the same meter as the primary structure.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 6, 8-2-2017)

10B-500. Standards for detached patios, decks, detached patio covers, arbors, pergolas and attached patio covers.

(a)

Permit required. Any patio or deck, detached patio covers, arbors, pergolas and attached patio covers accessory to a residential use that is greater than 30 inches in height from ground level and/or 120 square feet in area requires a building permit and associated fees.

(b)

Location. No detached patio or deck, or arbors, pergolas shall occupy space in the front yard or required side yard setback.

(c)

Setback from primary structure. Detached patios and/or decks or arbors, pergolas may be closer than three feet to the primary structure, if the patio or deck is properly permitted, is not used for storage, and does not have walls.

(d)

Setback from property lines. Detached patios and decks or arbors, pergolas shall be located at least three feet from any property line.

(e)

Setbacks from easements. No attached or detached patio or deck or arbors, pergolas shall be located within any platted or recorded easement or over any known utility, unless the easement grantee(s) and the property owner enter into and are granted a license agreement to allow the easement encroachment. A copy of the completed license agreement shall be submitted with the building permit application.

(f)

Maximum building or structure size on a residential lot or parcel. The maximum footprint of any detached building, structure or use shall not exceed one-half of the principal dwelling's footprint.

(g)

Utilities limited. Water and sewer lines may be extended to a detached patio or deck or arbors, pergolas on a residential lot or parcel but must use the same meter as the primary structure. Electric utilities are permitted but must use the same meter as the primary structure.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 7, 8-2-2017)

10B-600—10B-800. Reserved.

Editor's note— Ord. No. 2017-2270 , § 7, adopted August 2, 2017, repealed §§ 10B-600—10B-800, which pertained to standards for detached patio covers, arbors, gazebos, pergolas, attached patio covers, play equipment, and playhouses and derived from Ord. No. 2012-1985, § 2, adopted November 20, 2012. Section 10B-500 contains provisions similar to those in the repealed sections.

10B-900. Standards for storage buildings/greenhouses less than 120 square feet in area and/or less than eight feet in height.

(a)

Permit required. All storage buildings/greenhouses less than 120 square feet in area and/or less than eight feet in height do not require a building permit.

(b)

Location. No storage building/greenhouse shall occupy space in the front yard. Storage buildings less than 120 square feet in area or less than eight feet in height located in the side yard must be blocked from public view by an appropriate form of solid screening.

(1)

Living wall consisting of evergreen plant material spaced a minimum of three feet on center and eight feet in height at time of mature growth;

(2)

Wood fence a minimum of eight feet in height;

(3)

Masonry wall a minimum of eight feet in height.

(c)

Setback from primary structure. Storage buildings/greenhouses less than 120 square feet in area and/or greater than eight feet in height must maintain a three-foot setback from the primary structure.

(d)

Setback from property lines. Storage buildings/greenhouses less than 120 square feet in area or less than eight feet in height may be placed on the rear or side as long as the overhang and/or eaves do not encroach any adjacent property line, and so long as no water runoff is allowed to encroach any adjacent property.

(e)

Setbacks from easements. No storage building/greenhouse shall be located within any platted or recorded easement or over any known utility.

(f)

Maximum building or structure size on a residential lot or parcel. The maximum footprint of any detached building, structure or use shall not exceed one-half of the principal dwelling's footprint. See section 10B-100(e)(2) for standards on maximum lot coverage.

(g)

Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or building.

(h)

Utilities limited. Water and sewer lines may not be extended to a detached building or structure on a residential lot or parcel. Electric utilities are permitted but must use the same meter as the primary structure.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 8, 8-2-2017)

10B-1000. Standards for storage buildings/greenhouses greater than 120 square feet in area or greater than eight feet in height.

(a)

Permit required. All storage buildings/greenhouses greater than 120 square feet in area or greater than eight feet in height require a building permit and associated fees.

(b)

Location. No storage building/greenhouse shall occupy space in the front yard.

(1)

Living wall consisting of evergreen plant material spaced a minimum of three feet on center and eight feet in height at time of mature growth;

(2)

Wood fence a minimum of eight feet in height;

(3)

Masonry wall a minimum of eight feet in height.

(c)

Setback from primary structure. Storage buildings/greenhouses 120 square feet in area and/or greater than eight feet in height must maintain a three-foot setback from the primary structure.

(d)

Setback from property lines. Storage buildings/greenhouses 120 square feet in area and/or less than eight feet in height may be placed on the rear or side as long as the overhang and/or eaves do not encroach any adjacent property line, and so long as no water runoff is allowed to encroach any adjacent property.

(e)

Setbacks from easements. No storage building/greenhouse shall be located within any platted or recorded easement or over any known utility, unless the easement grantee(s) and the property owner enter into and are granted a license agreement to allow the easement encroachment. A copy of the completed license agreement shall be submitted with the building permit application.

(f)

(g)

Design. Storage buildings/greenhouses shall be designed to be compatible, to the maximum extent practicable, with the principal building(s).

(h)

Dwelling units prohibited. No dwelling unit shall be located in any accessory structure or building.

(i)

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 9, 8-2-2017)

10B-1100. Standards for swimming pools and hot tubs.

(a)

Permit required. All swimming pools and hot tubs require a building permit and associated fees.

(b)

Location. No swimming pool or hot tub shall occupy space in the front yard. Location is measured from the perimeter of the excavation.

(c)

Setback from primary structure. Swimming pools and hot tubs must maintain a three-foot setback from the primary structure. Setback is measured from the perimeter of the excavation.

(d)

Setback from property lines. Swimming pools and hot tubs must maintain a three-foot setback from side and rear property line. Setback is measured from the perimeter of the excavation.

(e)

Setbacks from easements. No swimming pool or hot tub shall be located within any platted or recorded easement or over any known utility. Setback is measured from the perimeter of the excavation.

(f)

Equipment. No equipment may be placed within the front yard as defined in subsection (a) of this section, or within any easement. Equipment in relation to the pool and/or hot tub shall not be affixed to any required perimeter fencing or common fences between property owners.

(g)

(h)

Compliance with building code. All swimming pools and hot tubs are subject to the requirements of the applicable building code.

(i)

Demolition of swimming pools and hot tubs . Demolition of swimming pools and hot tubs ("pools") are subject to the following requirements:

(1)

All pool pumps, heating equipment, and related piping must be removed. Gas piping going to the heater, must also be removed at the source as required by the by the most recently adopted plumbing code.

(2)

All electrical wiring for pool equipment must be removed at the source as required by the most recently adopted electrical code.

(3)

Drainage holes of sufficient size and number shall be installed and inspected prior to filling in of any pool or spa.

(4)

Upon completion and inspection of drain holes, the pool shall be filled with approved compactable materials to the adjacent grade. The top of the fill shall be comprised of a minimum 36 inches of clean fill dirt. Backfill shall consist of clean soil, graded rock or a combination thereof. Broken concrete or other construction and household debris shall not be considered acceptable fill material.

(5)

Compaction report. A certified compaction report will be required for demolition of a pool or stand-alone hot tub if the pool or hot tub is within five feet of the house or main structure. If a compaction report is required, it must be conducted by a certified geotechnical firm and be submitted to the building official prior to final inspection. The report must indicate the following:

There should be four inches top soil;

Removed 24 inches of the top of the pool structure;

Fill and compact in eight inch lifts;

Density is 95 percent standard proctor;

±3 percent moisture control.

(6)

Inspections. The following inspections shall be required:

(A)

Disconnection of all utilities;

(B)

Installation of drainage holes and backfill;

(C)

Final — All work is completed and a certified compaction report is provided if required.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2016-2193 , § 2, 1-15-2016; Ord. No. 2017-2270 , § 10, 8-2-2017)

10B-1200. Special exception procedures.

(a)

Special exception request. In the event a proposed accessory structure does not comply with the regulations in this section, the owner of the proposed accessory structure may request a special exception before the board of adjustment.

(b)

Special exception process. Upon submission of an application for a special exception, the case shall be scheduled for development review committee (DRC) consideration. The DRC shall consider the case and make a recommendation to the board of adjustment. The board of adjustment shall consider the case during a public hearing for which proper notification has been made. Proper notification is defined as 15 days prior to the public hearing a notice will be posed in the newspaper and written notification with response forms will be sent to property owners within 200 feet of the affected property. The board of adjustment shall make a determination on the requested special exception. All board of adjustment decisions on special exceptions are final.

(c)

Application required. An application for a special exception, any revision of a previously approved special exception application, or any reconstruction, enlargement, extension, moving or structural alteration of an approved special exception shall be submitted in writing to the DRC, accompanied by the following:

(1)

A complete application with applicable fees;

(2)

A written statement describing the proposed use;

(3)

A site plan of the proposed accessory use or structure showing the following:

(A)

Placement of proposed and existing accessory uses or structures on the lot;

(B)

Square footage of proposed and existing accessory uses or structures;

(C)

Distance from proposed and existing accessory uses or structures to property lines, easements, and the primary structure on the lot; and

(D)

Location of proposed screening.

(d)

Architectural plans. Architectural plans showing the following:

(1)

Elevations of the proposed accessory use or structure if applicable;

(2)

Details of proposed screening.

(e)

Consideration for special exception. In reviewing an application of a special exception, the board of adjustment will take the following criteria in consideration:

(1)

DRC recommendation;

(2)

The impact on adjacent property owners;

(3)

The existence of a hardship that is not a result of the property owner's action;

(4)

The location and height of the proposed accessory structure or use;

(5)

The compatibility with the existing uses on the lot and surrounding uses;

(6)

Provision of adequate access to the accessory use or structure, existing uses on the lot, and surrounding properties for fire and police protection; and

(7)

The impact of the proposed accessory use or structure on provision of public facilities.

(f)

Limitation on reconsideration of requests. No appeal to the board of adjustment for a special exception shall be allowed prior to the expiration of one-year from a previous ruling by the board of adjustment on a request for special exception. A request for a special exception may be heard prior to the one-year expiration date if a change of circumstances exists, but such conditions shall not have any force in law to compel the board of adjustment, after a hearing, to grant a subsequent appeal; such subsequent appeal shall be considered entirely on its merits and the peculiar and specific conditions related to the property on which the appeal is brought.

(Ord. No. 2012-1985, § 2, 11-20-2012)

10B-1300. Standards and regulations for donation boxes.

(a)

Prohibitions; regulations.

(1)

Residential zoning districts. No person, owner or occupant shall cause, permit, suffer or allow a donation box as defined herein or any bin, trailer, or receptacle without an attendant, on any lot, tract or property within a residential zoned district.

(2)

Nonresidential zoning districts. No person, owner or occupant shall cause, permit, suffer or allow a donation box, as defined herein, on any lot, tract or property within a nonresidential zoned district without first having obtained a permit in accordance with this section. The following information shall be required on all permits:

(A)

Name, address and telephone number of the person installing, placing or maintaining the donation box;

(B)

A statement to identify the zoning district, and the location by lot and block number and/or street number; and

(C)

The permit shall list the date the fee was paid and the amount paid. A separate permit shall be issued for each donation box located in accordance with this section and each permit shall expire on the first anniversary date following the issuance of the permit.

(b)

Special regulations. The chief building official or designee shall issue an annual permit for a donation box to an owner or occupant of real property located in a nonresidential zoning district upon payment of the prescribed fee and under the following conditions:

(1)

Letter from property owner consenting to the location of the donation box;

(2)

Maximum of one donation box per lot or contiguous lots under common ownership or occupancy;

(3)

The donation box shall not be located within the designated fire lane or hinder the movement of emergency public safety vehicles and/or equipment;

(4)

The donation box shall not be located within required parking spaces or within or immediately adjacent to designated handicap parking areas; and

(5)

Screening by a fence or other compatible screening materials is required to screen any storage located outside the donation box.

(c)

Permit fee. A permit fee shall be established by resolution of the city council.

(d)

Notification. It shall be the responsibility of the person installing, placing, constructing or maintaining a donation box to immediately notify the building official in writing of any changes in the names and addresses required in this article. Upon receiving written notice of the change, the building official or designee shall securely attach the written notice of the change to the copy of the permit on file in the development services department.

(e)

Maintenance. Any person having received a permit for placement of a donation box as defined herein shall maintain such structure in a good and sufficient condition.

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 11, 8-2-2017)

10B-1400. Standards and regulations for temporary portable on-demand storage container.

(a)

When allowed. A portable on-demand storage structure may be utilized as a temporary structure within the city when in compliance with the standards of this section. Any use of such structures within the city not in compliance with this section shall be unlawful.

(b)

General requirements for moving or off-premises storage purposes. The following general requirements shall apply to all portable on-demand storage containers temporarily delivered to properties within residential zoning districts for moving or off-premises storage purposes:

(1)

A no-cost permit is required to be obtained from the city in order to place the temporary portable on-demand storage containers. An official permit placard, which includes the permit number and expiration date, shall be issued to the applicant who will affix the issued placard to the portable on-demand storage container(s) to be visible from the street or alley.

(2)

Portable on-demand storage containers are allowed on the subject property for no longer than seven continuous days from time of delivery to time of removal.

(3)

A portable on-demand storage container may be utilized on site for a period not to exceed 21 days in any 365-day period.

(4)

Portable on-demand storage containers shall be located in such a manner as to not impair a motor vehicle operator's view of motor vehicles, bicycles or pedestrians upon entering or exiting a right-of-way or alley, or impact drivability of the roadway affected, or as determined by the city manager or designee.

(5)

Portable on-demand storage containers shall be located in such a manner as to not obstruct the flow of pedestrian or vehicular traffic.

(6)

Portable on-demand storage containers shall be placed on a concrete or asphalt surface of the dwelling, but no closer than the front property line. Any portable storage container must also comply with the side lot setback requirements.

(7)

Portable on-demand storage containers shall not be used for retail sales or any other principal use.

(8)

Two portable on-demand storage containers may be located on a specific piece of property within the city at one time with each portable on-demand storage container individually limited to the duration time period established herein.

(9)

Portable on-demand storage containers placed shall not exceed eight and one-half feet in height, ten feet in width, and 20 feet in length.

(c)

General requirements for construction purposes. The following general requirements shall apply to all portable on-demand storage containers temporarily delivered to properties within all non-residential zoning districts for construction purposes:

(1)

A no-cost permit will be issued with the issuance of a building permit from the city in order to place the temporary portable on-demand storage containers. An official permit placard, which includes the permit number and expiration date, shall be issued to the applicant who will affix the issued placard to the portable on-demand storage container(s) to be visible from the street or alley.

(2)

A portable on-demand storage container used in conjunction with construction purposes is allowed on the subject property from the time of delivery to the time of removal as long as a valid building permit is in effect.

(3)

A portable on-demand storage container must be removed from the property prior to the final inspection of a valid building permit.

(d)

Exceptions. In the case of emergencies, such as floods, windstorms, fires, or other acts of God, and manmade disasters such as sewage backups, water leaks, electrical overloads and other such events that damage property, the chief building official, city manager or his designee may make reasonable allowance for the extension of all time periods, limits on numbers of portable on-demand storage containers, locations of containers on the property and other appropriate waivers where necessary, to assist in recovery, restoration, mitigation of further damage and reconstruction efforts.

(e)

Enforcement. When the chief building official finds a tenant, occupier of land, owner of property or registered person that is in violation of the provisions of this section, the chief building official or his designee may issue a "notice of violation" to remove the portable on-demand storage containers, and direct the person(s) not complying to remove the violating container no later than ten business days from the date said notice of violation was delivered or posted on the subject property or portable on-demand storage container(s).

(Ord. No. 2012-1985, § 2, 11-20-2012; Ord. No. 2017-2270 , § 13, 8-2-2017)

10B-1500. Cargo containers.

Cargo containers shall not be stored, maintained, or otherwise kept on any property within the city except as follows:

(a)

Short-term uses. The following short term uses of cargo containers may be permitted:

(1)

Temporary storage. One cargo container may be used for temporary storage in any nonresidential zoning district, provided that approval of a specific use permit is obtained, pursuant to section 10-900, Specific use permit, of appendix A, Zoning, of the Code of Ordinances, and the cargo container does not exceed a height of eight and one-half feet, a width of eight feet, and a length of 40 feet. The time period for which a cargo container may be used for temporary storage under this section shall be established through the specific use permit, but in no case shall exceed 12 months in a three-year period. A cargo container approved pursuant to this section shall also require approval of a building permit.

(2)

Temporary storage on city property. For city-owned property (regardless of the underlying zoning district), one or more cargo containers may be permitted for a period not to exceed 12 months in the three-year period with the approval of the city manager or his designee. A cargo container approved pursuant to this section shall not require approval of a building permit.

(b)

Long-term uses. The following long-term (longer than one year) uses of cargo containers may be obtained pursuant to section 10-900, Specific use permit, of appendix A, Zoning, of the Code of Ordinances, provided that no one cargo container exceeds a height of eight and one-half feet, a width of eight feet, and a length of 40 feet. Additionally, each cargo container shall be painted an earth-tone color that is approved by the development services director and shall not contain any names, logos, or other markings painted on, or otherwise attached to, the exterior of the container. A building permit shall be obtained for the long term use of a cargo container:

(1)

Long-term storage. The use of a cargo container for long-term storage may be permitted, provided the cargo container is substantially screened from view from any other private property, public right of way, or street easement, subject to the review and approval of the development services director. A site plan shall be submitted with the review of a building permit for the long-term use of a cargo container under this section.

(2)

City uses. For city-owned property (regardless of the underlying zoning district), one or more cargo containers for long-term storage use may be permitted with approval of the city manager. The number of cargo containers allowed and the time period for which a cargo container may be used under this section shall be established by the city manager or his designee.

(c)

Development standards. The following development standards shall apply to all cargo containers for short-term or long-term uses:

(1)

A scaled site plan drawn to show the location of all existing buildings, parking spaces, and the size and location of the proposed cargo container(s) shall be submitted. Additionally, the site plan shall show all slopes on the lot, as well as all slopes adjacent to the subject site.

(2)

Cargo containers shall be set back a minimum ten feet from any property line and five feet from another cargo container or other structure.

(3)

Cargo containers shall not block, obstruct, or reduce in any manner any required exits, windows, vent shafts, parking spaces, fire lanes, and/or access driveways.

(4)

Cargo containers shall not be stacked on top of each other or on any other structure.

(5)

Cargo containers shall not be used to store hazardous materials.

(6)

Refuse and/or debris shall not be stored in, against, on, or under the cargo container.

(7)

Cargo containers shall not be used for human habitation.

(8)

Cargo containers shall not have any factory-built or field-applied electrical, plumbing, heating, or air conditioning systems. Furthermore, the cargo container shall not be connected to a power system.

(9)

Cargo containers shall be constructed of steel or aluminum with a minimum 14-gauge thickness, except for a wood floor within the metal shell. Structural plans and calculations are not required.

(10)

Although a permanent foundation is not required, cargo containers shall be installed on a concrete or asphaltic concrete pad and/or slab which is maintained in a level and plumb condition with a maximum differential settlement to grade of two inches.

(d)

Exceptions. In the case of emergencies, such as floods, windstorms, fires, or other acts of God, and manmade disasters such as sewage backups, water leaks, electrical overloads and other such events that damage property, the chief building official or community image officers may make reasonable allowance for the extension of all time periods, limits on numbers of cargo containers, locations of cargo containers on the property and other appropriate waivers where necessary, to assist in recovery, restoration, mitigation of further damage and reconstruction efforts.

(e)

Enforcement. When the chief building official finds a tenant, occupier of land, owner of property or registered person that is in violation of the provisions of this section, the chief building official may issue a "notice of violation" to remove the cargo containers, and direct the person(s) not complying to remove the violating container no later than ten business days from the date said notice of violation was delivered or posted on the subject property or cargo container(s).

(Ord. No. 2012-1985, § 2, 11-20-2012)

10B-1600. Appeals Process.

All appeals requested for this section must be filed in accordance with section 21 of the Zoning Ordinance and V.T.C.A., Local Government Code chapter 211.

(Ord. No. 2012-1985, § 2, 11-20-2012)

10B-1700. Reserved.

Editor's note

Ord. No. 2017-2270 , § 12, adopted August 2, 2017, repealed the former section 10B-1700, which contained illustrations of concepts within the zoning ordinance and derived from Ord. No. 2012-1985, § 2, adopted November 20, 2012.

                    
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