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").
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~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.
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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.
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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.
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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
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