The URL can be used to link to this page

Home My Public Portal About064-2006 - General Ordinance - Amending Chapter 154 of the City Code re PODSORDINANCE NO. 64 -2006 A GENERAL ORDINANCE AMENDING ZONING SECTION 154 OF THE CITY OF RICHMOND CODE REGARDING THE USE OF PORTABLE STORAGE UNITS WHEREAS, Chapter 154 of Richmond Code regulates zoning within the City of Richmond; and WHEREAS, Chapter 154.20.02 allows for certain accessory uses within specific zoning classifications; and WHEREAS, it is desirable to establish minimum time, place and manner standards for the use of portable storage units. WHEREAS, it is in the best interests of the City to make certain additions and amend Section 154.20.02. NOW, THEREFORE, be it ordained by the Common Council of the City of Richmond that current Section 154.20.02 of the City Code be modified as follows: 154.20.02.08 PORTABLE STORAGE UNITS (a) The term "portable storage unit" is defined as: any container, storage unit, shed -like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory structure or shed complying with all building codes and land use requirements. (b) A portable storage unit (e.g. PODS) may be utilized as temporary on -site storage within the City districts when in compliance with the standards of this subsection. A portable storage unit shall never be utilized as a permanent accessory structure in any district. Any use of such units within the City districts not in compliance with this subsection shall be unlawful. (c) The owner, operator and/or renter of the portable storage unit shall be responsible to ensure that the portable storage unit is in good condition, free from evidence of deterioration, weathering, discoloration, rust, ripping, tearing or other holes or breaks. When not in use, the portable storage unit shall be kept locked. The owner and operator of any lot on which a portable storage unit is placed shall also be responsible that no hazardous substances are stored or kept within the portable storage units. (d) Length of time units may be on lot; placement of units, removal, extensions. (i) A portable storage unit may be located on a residential lot within City zoning districts as follows: (A) For a period not exceeding seven (7) days in duration from time of delivery to time of removal. Such units may not be located on any specific residential lot for a period of fourteen (14) total days in any 365-day- calendar period. (B) No more than two portable storage units may be located on any specific residential lot within City districts at one time (this includes units located on multifamily residential lot). Such units are individually limited to the duration time period established herein. (C) In residential districts, portable storage units shall generally be placed only in a driveway or, if alley access exists at the rear of the lot, in the rear yard. However, if the Department of Metropolitan Development Director determines that there is no driveway available for placement of a portable storage unit and no alley access at the rear of the lot exists, the final placement shall be to the satisfaction of the Department of Metropolitan Development Director. (ii) A portable storage unit may be located on Commercial lot within the City zoning districts as follows: (A) In the parking area of a commercial use provided any single portable storage unit may not be on any specific lot more than thirty (30) days per calendar year, unless an appropriate extension is otherwise approved by the Department of Metropolitan Development Director. Application for such extended duration shall be made in writing and filed with the Department of Metropolitan Development and shall give sufficient information to determine whether such extended duration should be granted. (B) Under no circumstances shall any more than one portable storage unit be located on a Commercial lot for a single business or tenant space at the same time. (C) In Commercial districts, portable storage units shall generally be placed only in the rear or side portion of a lot. Under no circumstances shall a portable storage unit be placed in an area fronting a street or road, or in the front parking lot of a commercial establishment. The placement of portable storage units in fire lanes, passenger loading zones, and commercial loading zones shall be strictly prohibited. (iii) Notwithstanding the time limitations set forth above, the portable storage unit shall be removed upon issuance of a certificate of occupancy or expiration of the building permit, which ever occurs first, provided a valid building permit has been issued for remodel, tenant finish, or other construction activity that requires on - site storage. (iv) A portable storage unit can not be located closer to an adjacent parcel than the required minimum side and rear yard setback for accessory uses in the district the unit is located. No portable storage unit shall be located in a public right-of-way. Such unit may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such units to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the portable storage unit. Notwithstanding the time limitations set forth above, in the event of high winds or other weather conditions in which such unit may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such unit. (v) In the event of fire, hurricane or natural disaster causing substantial damage to the unit, the property owner may apply to the City for permission to extend the time that a portable storage unit may be located on the property. Application for such extended duration shall be made in writing and filed with the Department of Metropolitan Development and shall give sufficient information to determine whether such extended duration should be granted. The Department of Metropolitan Development Director shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Department Metropolitan Development Director, the applicant may appeal such decision to the Board of Zoning and Appeals. In the event of such appeal, the decision of the Board of Zoning and Appeals shall be final. (e) Any portable storage unit may be removed by the City if the Owner fails to remove such unit after having been notified to do so or if removed for safety reasons upon the direction of an enforcement officer for the City. (i) Should the Owner fail to remove the unit within ten (10) days from the receipt of written notice of violation, the City shall remove the unit either by use of City personnel and equipment or by hiring an independent contractor. Upon City removal of the unit, City shall determine the cost of removal and issue a bill to the property owner at the address shown on the records of the Wayne County Treasurer. The bill shall be due and payable to the City of Richmond within thirty (30) days after the date of issuance of the bill. (ii) In the event a property owner disputes a notice of violation issued under Section 154.20.02.08 (e) (i) or a bill issued under Section 154.20.02.08 (e) (ii), such property owner may file a written appeal with the Board of Public Works and Safety for rescission or adjustment of such notice or bill within ten (10) days after the date of such notice or bill. (iii) Should the property owner fail to pay a bill under section 154.20.02.08 (e) (ii) within thirty (30) days of the date of the issuance of the bill, the City shall certify to the Wayne County Auditor the amount of the bill plus any additional administrative cost amount incurred in the certification (additional administrative cost amount determined by statute). The Wayne County Auditor shall place the total amount certified on the tax duplicate for the property affected, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the general fund of the City of Richmond as provided in Indiana Code 36-1-6-2. (iv) In addition to or in lieu of the penalty and remedy provided above or in any other section of the code, the City may bring a civil action to enjoin any person from violating a code provision or ordinance regulating or prohibiting a condition or use of property as provided in Indiana code 36-1-6-4. (f) This ordinance shall take effect May 1, 2007. Passed and adopted this _16th_ day of January 2007, by the Common Council of the City of Richmond, Indiana. _S/S Diana Pappin President (Diana Pappin) ATTEST: S/S Karen Chasteen City Clerk (Karen Chasteen) PRESENTED to the Mayor of the City of Richmond, Indiana, this _17th day of -January_, 2007. S/S Karen Chasteen , City Clerk (Karen Chasteen) APPROVED by me, Sarah L. Hutton, Mayor of the City of Richmond, Indiana, this 17th_ day of _January , 2007. S/S Sarah L. Hutton Mayor (Sarah L. Hutton) ATTEST: _S/S Karen Chasteen City Clerk (Karen Chasteen)