ORDINANCE NO. O-19-2009
AN ORDINANCE OF THE CITY OF
WHEREAS, at times it becomes necessary
for residents of
WHEREAS, regulating these types of
devices on private property and within the public rights-of-ways is necessary
to maintain public safety and community standards.
NOW, THEREFORE, BE IT
ORDAINED BY THE BOARD OF COUNCIL OF THE CITY OF
§
97.12 TEMPORARY STORAGE UNITS, PORTABLE STORAGE UNITS AND DUMPSTERS.
Temporary storage units,
portable storage units, “PODS” or dumpsters (hereinafter “devices”) may be
placed upon private property or a city street in accordance with the following
limitations:
(A) A permit must be obtained from the Zoning
Administrator prior to the placement of any device. The cost of the permit shall be $20.00. Such devices must be placed upon private
property unless some physical condition exists that would prohibit placement in
the yard or driveway. If the device
cannot be placed on private property it may be placed on a city street directly
in front of the property of the permit holder.
(B) A permit issued by the Zoning
Administrator shall be valid for seven (7) days from the date of issuance. The Zoning Administrator may grant an
extension of up to seven (7) days upon showing of good cause by the applicant. Not more than two such extensions shall be
permitted, for a maximum of twenty-one (21) days in any consecutive twelve (12)
month period.
(C) A permit issued by the Zoning
Administrator shall be valid for ninety (90) days when issued in conjunction with
a building permit when there is an active construction project occurring and
when such device is placed on private property.
The Zoning administrator may grant an extension of up to ninety (90)
days upon showing of good cause by the applicant. Not more than two such extensions shall be
permitted, for a maximum of two hundred seventy (270) days in any consecutive twelve
(12) month period.
(D) A permit issued by the Zoning
Administrator shall be valid for one hundred eighty (180) days when issued in conjunction
with a Development Plan. The Zoning
administrator may grant extensions upon showing of good cause by the applicant
and depending on the scope of the project.
Should work cease on the project for more than thirty (30) days, the
Zoning Administrator may revoke the permit and require removal of the device.
(E) The device may not be located in any
manner that restricts or impedes visibility of motorists.
(F) The device shall not placed on any city
street where parking is not permitted or that has a pavement width of less than
eighteen (18) feet measured from inside of curb to inside of curb, or from edge
of pavement to edge of pavement.
(G) The device shall not exceed eight (8)
feet in width, nor be placed in a manner that restricts the remaining street
width to less than ten feet measured from inside of curb or edge of pavement to
the device.
(H) The device must be associated with
temporary storage or a project for the property of the permit holder and not
more than one (1) temporary or portable storage unit or more than one (1)
dumpster shall be permitted at any time.
(H) The device shall not be placed in a
manner which damages any public improvement, including but not limited to, the
pavement, curb, gutter, grass, landscaping or tree located within the public
right-of-way. If the device causes
damage to any public improvement, the applicant shall reimburse the city the
cost of repair.
Any device which is placed in violation of this section or is not removed at the end of the time for which it is authorized by the city to remain in place may be removed by the city, with prior notice of not less than twenty-four (24) hours, and the cost of such removal, together with the cost of administration of its removal, shall be reimbursed to the city by the applicant. Penalty, see § 10.99
SECTION II
All ordinances, resolutions or parts thereof, in conflict with the provisions of this ordinance, are to the extent of such conflict, hereby repealed.
SECTION III
The provisions of this Ordinance are severable. If any provision, section, paragraph, or part thereof be held invalid, such decision shall not affect or impair the validity of the remainder of this Ordinance.
SECTION IV
This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law.
APPROVED:
______________________________
Mary H. Brown, Mayor
1st
2nd
Publication:
ATTEST:
_______________________________
Melissa K. Kelly, City Clerk