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2011-09 Code Amendment - Standards for Portable Storage Containers & DumpstersORDINANCE N0.2011-09 • AN ORDINANCE OF THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA, AMENDING ARTICLE III, "DISTRICT REGULATIONS," OF APPENDIX C (CHAPTER 45) OF THE VILLAGE CODE OF ORDINANCES BY AMENDING SECTION 45-36, "GENERAL PROVISIONS," TO REGULATE THE USE OF PORTABLE STORAGE CONTAINERS AND ROLL-OFF CONSTRUCTION DUMPSTERS IN ALL ZONING DISTRICTS; PROVIDING FOR CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Village Council wishes to implement standards for the use of portable storage containers and roll-offdumpsters on properties located throughout the Village; and WHEREAS, having considered the recommendation of the Planning Commission, the Village Council determines that the adoption of this Ordinance is in the best interests of the public health, safety and welfare of Village residents and property owners. NOW, THEREFORE, BE ~IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF NORTH PALM BEACH, FLORIDA as follows: Section 1. The foregoing `whereas" clauses are hereby ratified as true and are incorporated herein. Section 2. The Village Council hereby amends Article III, "District Regulations," of Appendix C (Chapter 45), "Zoning," of the Village Code of Ordinances by amending Section 45-36, "General Provisions," to read as follows (additional language underlined and deleted language s~l~eugl~): Sec. 45-36. General provisions. The provisions of this article shall be subject to the following provisions and exceptions: *** LT. Use of portable storage containers and roll-o dum~rsters in all zoning districts. Purpose. The purpose of this subsection is to regulate the use of: a. Shipping containers and all types and brands of portable or mobile storage containers, including~nortable on demand storage containers, also known as "PODS" (collectively referred to as "portable storage containers" • b. Roll-off construction dumpsters (collectively referred to as "roll-offdumpsters"). Page 1 of 5 ~plicability. These regulations shall apply to all properties • located within the village. Permit reauired. a. No portable storage container or construction dumpster shall be located on any property for more than seven (7) consecutive calendar days, unless the occupant of the property first obtains a permit from the community development department. b. Applicants shall complete and submit a Hermit application on a form prescribed by the villa eg and pay a permit fee as established by resolution of the village council, provided, however, that the village shall not require a permit fee for a roll-off dumpster where the occupant possesses an active building permit for improvements to the property on which the roll-offdumpster is located. c. The community development department may reauire the applicant to submit documentary evidence to demonstrate that the applicant is either the owner or lessee of the property upon which the portable storage container or roll- off dumpster will be located. Such evidence may include, but is not limited to, a deed or lease agreement. Limitations on size and quantity of permitted portable storage containers and roll-of)`'dumpsters. a. The village shall not issue a permit for more than one standard size portable storage container, eight (8 feet in hei hg t by ei hg_t (8) feet in width by sixteen ,16) feet in len h, on any_propert~ b. The village shall not issue a permit for more than one roll- off dumpster, not to exceed four and one-half (4%2) feet in height by eigh~8) feet in width b t~ wenty-two (22 feet in lengthtwenty (20~yard capacity ,for an~propert~ Length of time. a. A permit for the placement of a portable storage container or roll-off dumpster shall be valid of a period of thirty (30) consecutive days from the date of permit issuance, provided, however, that a permit for aroll-off dumpster shall be valid for up to one hundred and eighty (180 • consecutive days where the occupant possesses an active building permit for improvements to the property on which the roll-offdumpster is located. Page 2 of 5 b. In the event of exceptional circumstances. the permit holder • for a portable storage container may request an extension for an additional thirty~30) consecutive days. Any request for an extension of time must be in writing, and must include a written justification statement demonstrating "good cause" as to why the initial thirty~30) day period should be extended. The decision to ,grant or deny the request for an extension of time shall be within the sole discretion of the village, and the village shall charge an additional fee for any extension of time. c. If ongoing construction continues on the property past one hundred and eighty (180) consecutive days, the permit holder for aroll-off dumgster ma~equest one or more extensions of time of up to ninety~90) consecutive days each. For the purpose of this section, ongoing construction means construction-related activities are being carried out on a continuing basis pursuant to a valid permit, with regularly scheduled successful inspections. The community development director may revoke a permit at any time if the director determines that ongoing construction is no longer occurring on the property. The property owner may challenge the director's revocation of a permit or any extension thereof by requesting a hearing before the code enforcement special ma isg trate• d. Not more than one Hermit, per calendar year, for a portable storage container or a roll-off dumgster shall be issued by the village to the same occupant of any property, or in the case of multi-family residential property with more than one unit, the same occupant of any unit. ~6,~ Additional requirements. a. No storage container or roll-off dumgster shall exceed the height of the roofline of the principal building or structure located on the property b. No portable storage container or roll-off dumgster shall be located within a utility easement, drainage easement, right- of-way, front yard area, alley right-of--way or street right- of-way. Notwithstanding the foregoing, a portable storage container or roll-off dumgster shall be placed on the driveway or designated narking area in the R-1 or R-2 • zoning districts unless otherwise approved by the community development department. Page 3 of 5 c. No portable storage container or roll-off dumpster shall be • stored within a required side yard setback between a building and an adjacent street or property line. For non- residential properties, no portable storage container or roll- off dumpster shall be located in any required landscape or buffer area. d. No portable storage container or roll-off dumpster shall contain any signage other then the name, address and telephone number of the person or firm engaged in the business of renting or providing the container or dumpster. e. No flammable or hazardous materials may be placed, stored or kept in any portable storage container or roll-off dumpster. f. The portable storage container or roll-offdumpster must be owned or leased by the occupant of the property and may not be used for living or sleeping purposes or for any use other than stora eg or disposal of construction debris. Severe weather conditions. a. Upon the issuance of a tropical storm watch and/or a hurricane watch by the National Weather Service, the occupant of the property on which a portable storage container or roll-off dumpster is located shall use every reasonable and best effort to remove, or to arrange for the removal o£ the portable storage container or roll-off dumpster from the property b. In the event removal is not possible, the storage container or the roll-off dumpster and its contents, shall be secured ~ainst windloads of up to one hundred and fifty~1501 miles per hour. c. The occupant of a property upon which a portable storage container or roll-off dumpster is located shall be subject to civil liability and/or code enforcement action for damages and/or code violations caused by an unsecured portable storage container or roll-offdumpster and its contents. Section 3. The provisions of this Ordinance shall become and be made a part of the Code of the Village of North Palm Beach, Florida. • Section 4. If any section, paragraph, sentence, clause, phrase or word of this Ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional, inoperative or void, such holding shall not affect the remainder of this Ordinance. Page 4 of 5 Section 5. All ordinances or parts of ordinances and resolutions or parts of resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 6. This Ordinance shall take effect immediately upon adoption. PLACED ON FIRST READING THIS 12th DAY OF MAY, 2011. PLACED ON SECOND, FINAL READING AND PASSED THIS 26th DAY OF MAY, 2011. (Village Seal) ATTEST: ~~~!l~ VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: VILLAGE ATTORNEY YOR Page 5 of 5