HomeMy WebLinkAboutO-2008-023 Outside Storage Containers ORDINANCE NO. 2008-023
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 28 "ZONING,"
ARTICLE 32 "OUTDOOR STORAGE CONTAINERS IN RESIDENTIAL
DISTRICTS;" PROVIDING FOR REGULATIONS RELATING TO OUTDOOR
STORAGE CONTAINERS IN ALL ZONING DISTRICTS; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, currently within the City of Dania Beach (the "City") charitable and not-
for-profit organizations are not permitted to have outdoor storage containers; and
WHEREAS, the use of outdoor storage containers to store property associated with the
operation of charitable and not-for-profit organizations is incidental to such uses; and
WHEREAS,as such, it is the intent of the City Commission to permit charitable and not-
for-profit organizations to have outdoor storage containers if appropriately visually screened and
properly permitted; and
WHEREAS,the City Commission finds that it is in the public interest to permit outdoor
storage containers for municipal or other governmental agency use within any zoning district;
and
WHEREAS, the Planning and Zoning Board, sitting as the City's Local Planning
Agency, has reviewed these proposed provisions and recommended their approval to the City
Commission; and
WHEREAS, pursuant to law, notice has been given by publication in a paper of general
circulation in the City, notifying the public of this proposed ordinance and of a public hearing;
and
WHEREAS, the City Commission finds that these changes are in the best interest and
welfare of the residents of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That the preceding "Whereas" clauses are ratified and incorporated as the
legislative intent of this Ordinance.
Section 2. That Chapter 28 "Zoning," Article 32 "Outdoor Storage Containers in
Residential Districts," is amended to read as follows:
ARTICLE 32. OUTDOOR STORAGE CONTAINERS IN SAL DISTRICTS
32.10. Purpose and intent.
It is the purpose and intent of the provisions of this article to establish restrictions pertaining to
the use of outdoor tenaperafy-per4able storage containers in residential distr t within the city to
promote and protect the aesthetic appearance of the ci sueh-distfists and to protect the public
health, safety and welfare.
32.20. Definitions.
For the purposes of this article, the following terms are defined:
Site means an real property upon which a container is located.
Storage container means any steel cargo container or any similar container designed and
intended for transporting materials on ships, trains, or trucks from one location to another.
Temporary portable Gcontainer means any container or receptacle designed for and used as an
outdoor temporary portable storage container for the storage of personal property (provided,
however, the term "Temporary portable container" shall not include the term "Storage container"
any steel ear-go eentainer- or- any similar con4ainer designed and intended for tfanspeFti*g
materials on ships, trains, of ti-ueks from one leeatien to anothe ). Such containers are ordinarily
rented or leased to owners or occupants of real property and are placed and removed by means of
a truck or other motor vehicle. No container shall have wheels or any other device or mechanism
that raises any part of it above the surface upon which it is located.
Site means any Feal pr-opefty in a residential distriet upon whieh a eentainer iq I FM RtRd
32.30. Permitted containers.
O Temporary portable container.
2 ORDINANCE#2008-023
A Tem or portable container may only be located as follows:
P �p Y Y
(Q) In single-family residential districts, no more than one (1) Temporary portable container
may be located on a sSite. The container may only be located in a front yard driveway and set
back a minimum of five (5) feet from the front property line, without obstructing access to any
building-.
(bZ) In multifamily residential districts, no more than one (1) Temporary portable container
may be located on a site; provided however, the dDirector of ecommunity dDevelopment may
allow additional Temporary portable containers subject to the following restrictions: the site
affords sufficient space for placement of more than one (1) container; adequate parking and
building access remain available on the site, and the property manager, homeowners' association,
or condominium association submits a letter of no objection to the city. The Temporary portable
container shall be set back a minimum of five (5) feet from any property line on the lot, without
obstructing access to any building-or
(6) In all other zoning districts, Temporaryportable Gcontainers are expressly prohibited if;-all
except within those districts which specifically permit outdoor storage.
(b) Storage container.
A Storage container may only be located as follows:
(1) A Storage container shall be permitted within those zoning districts which specifically
permit outdoor storage. The provisions provided in Sections 32-40 through 32-60 of this article
shall not apply to a Storage container within those zoning districts which specifically permit
outdoor storage:
(2) Municipal or other governmental agencies shall be permitted to use a Storage container
within any zoning district. The provisions provided in Sections 32-40 through 32-60 of this
article shall not apply to a Storage container used by municipal or other governmental agencies;
or
(3) Not-for-profit or charitable organizations as well as authorized vendors, affiliates, or
agencies of such organizations shall be permitted to use a Storage container, within any zoning
district, subject to the provisions provided in Sections 32-40 through 32-60 of this article.
32.40. Permitted times and size of containers.
(a) Temporary portable container.
(1) The owner of a ssite shall be permitted upon issuance of a Temporary portable container
permit to place a container at the sSite one (1) time per calendar year, not to exceed thirty (30)
3 ORDINANCE#2008-023
consecutive days. The city commission, upon application by the owner and submission of fifty-
dollar nonrefundable waiver fee, may consider a waiver to these requirements.
(2) No Temporary portable container shall be permitted to be used if it exceeds one hundred
thirty (130) square feet and ten (10) feet in height.
(3) Despite the time limitations provided in this article, all Temporary portable containers must
be removed immediately from all &Sites upon the issuance of a hurricane warning by the
National Hurricane Center of the National Oceanic and Atmospheric Administration National
Weather Service. The obligation to cause removal of the container rests with the owner of the
site who shall sign a notarized statement to that effect, which will be included in the application.
Storage container.
(1) One (1) Storage container, which does not exceed 160 square feet and 8.5 feet in height=may
be permitted on a Site upon the issuance of a Storage container permit. Notwithstanding the
foregoing, the Director of Community Development may permit more than one container on a
Site or permit a container to exceed 160 square feet and 8.5 feet in height if. (i) the Site affords
sufficient space for placement of the container; (ii) adequate parking and building access remain
available on the Site; and iii) the property owner obtains the written consent of the adjacent
property owner(s) demonstrating that he or she does not have an objection to the container.
(2) Storage containers shall be anchored per Section 161.21 "General Design Requirements" of
the Florida Building Code, as amended.
(3) Storage containers shall be setback a minimum of five(5) feet from any property line.
32.50. Container permit.
(a) The owner of a sSite who wishes to use a Temporary portable container or Storage container
must submit an application to the dDepartment of eCommunity dDevelopment on a form
prepared by that dDepartment. An application processing fee of fifty dollars ($50.00) must
accompany each such application provided, however, that the fee shall be waived for
applications submitted during the sixty-day period following a named hurricane event which
significantly impacts the city. The container shall not be placed on the sSite until the application
is approved.
(b) A copy of the permit shall be conspicuously displayed on the Temporary portable container
or Storage container,within a clear weatherproof pouch.
(c) It shall be unlawful for any person to place or permit the placement of a Temporary portable
container or Storage container on any sSite he, she or they own or occupy without obtaining a
valid permit.
4 ORDINANCE#2008-023
32.60. Container restrictions.
£aek A Tempo portable container or Storage container must:
(a) Display no signage other than the name, address and telephone number of the container
owner, permanently affixed to the Temporary portable or Storage container;
(b) Be kept in good condition, well-painted, free from rust, any other discoloration, graffiti,
holes and cracks. The director may disapprove the permit if the color of the container is not
uniform or is inconsistent with the aesthetic appearance of the neighborhood;
(c) Be kept locked at all times except when the user is actively engaged in storing or removing
stored items from the Temporary portable or Storage container. If the TemporM portable or
Storaize container is capable of self-locking upon being closed, it must provide an emergency
release device inside the entrance, visible in the dark, useable by a small child, in case anyone
were to accidentally be locked in;
(d) The Temporary portable or Storage container shall not be used to store goods which may or
appear to be destined for wholesale or retail purposes;
(e) No hazardous substance of any type whatsoever shall be stored within any Temporary
portable or Storage container;
(f) Only personal property owned by the sSite owner or occupant shall be stored in a the
Temporary portable or Storage container;
(g) No owner or occupant of a sSite shall be issued a permit if any outstanding city liens are
unpaid or code enforcement proceedings are pending pertaining to the &Site, the owner or the
occupant;
(h) A representative of the city shall be afforded immediate access upon request to determine if
the contents of the Temporary portable or Storage container comply with the restrictions of this
section.
(1) Storage containers shall be shall be completely screened on all sides by one or more of the
following:
1. Walls or opaque fences with a minimum height of six (6) feet:
2. Hedaes with a minimum height of five (5) feet, or
3. Any combination of walls, opaque fences, or hedges.
5 ORDINANCE 42008-023
Section 3. That all ordinances or parts of ordinances and all resolutions or parts of
resolutions in conflict with this Ordinance are repealed to the extent of such conflict.
Section 4. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 5. That this Ordinance shall be in force and take effect immediately upon its
passage and adoption.
PASSED on first reading on August 12, 2008.
PASSED AND ADOPTED on second reading on August 26, 2008.
ALBERT C. JONES
0 NV IS Fi�T pT` MAYOR-COMMISSI ER
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO Fr
In tND CORRECTNESS:
BY: in
THO AS . A O
CITY A O Y
6 ORDINANCE#2008-023