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Fairfield City Zoning Code

TRUCK BODIES

AND PORTABLE CARGO CONTAINERS

§ 154.130 PROHIBITION OF PLACEMENT IN CERTAIN AREAS.

   (A)   Placement, parking and/or storage of box truck bodies removed from the truck chassis is hereby prohibited in R-1, R-2, R-3, B-1 and B-2 Districts, except as otherwise permitted in this Chapter 154.
   (B)   The placement and/or use of any portable cargo container (hereinafter referred to herein as a “container” or “containers”) as an accessory building, storage building, other building, or other similar purpose is prohibited within the zoning jurisdiction of the City of Fairfield, except as provided for below:
      (1)   A container is permitted as an accessory building in the R-1, R-2 and R-3 Districts provided the following conditions are met:
         (a)   The container may not be used as a residence of any kind.
         (b)   The container shall be placed on concrete or asphalt, but not on any parking area or parking lot.
         (c)   The container shall be painted in one solid monochromatic color, so as to blend in with the building to which it is an accessory and so that there is no visible writing. No signage or advertising shall be on the container; and the container shall otherwise be so maintained as described in this division (B) (1)(c) for as long as it remains on the property. The container shall be painted within 30 days of it being placed on the owner’s property. If bad weather prevents the container from being painted, the owner may request to extend the 30-day painting deadline. The request must be made in writing and must state the reason for the request. The written request must be delivered to the Building and Zoning Officer. The written request must first be made within the initial 30-day painting deadline. The Building and Zoning Officer may extend the 30-day painting deadline if he/she determines that bad weather is preventing the painting. Extensions may be granted for no more than 60 additional days. The owner may
appeal the Building and Zoning Officer's decision to the City Council at its next available meeting.
         (d)   The container shall be placed on the property so as to minimize the visibility of the container from the road and other residences.
         (e)   The container may not be placed in a front yard or a side yard.
         (f)   The container shall comply with all setback requirements.
         (g)   The container shall comply with all applicable laws, regulations, and codes.
         (h)   The container may be installed only after a building permit has been issued by the city.
         (i)   The total lot coverage of all structures combined must not exceed 30% of the lot coverage or have a total lot coverage of 320 square feet, whichever is less.
         (j)   The container shall be placed a minimum of seven feet (7'0") from any residential or accessory structures on the property.
         (k)   The container shall not be placed within the limits of a floodplain.
         (l)   The container shall be supported to prevent shifting of the structure.
         (m)   The container shall not be erected and kept on-end vertically.
         (n)   The container shall not be supplied with or connected to water, sewer, gas or electric service.
         (o)   The container shall not contain any toxic or hazardous material.
         (p)   The container may be subject to an annual inspection, of the interior and exterior of the container, by a Building Inspector, licensed by the State of Illinois, if the same is deemed necessaty by the Mayor and/or City Council to ensure compliance with the provisions of this section and with the Code of Fairfield. Any inspection fees or costs incurred shall be paid by the property owner.
         (q)   A container that is damaged and requiring more than $500 in repairs shall not be permitted to be installed.
         (r)   The container shall not be placed within off-street parking, loading, or landscaping areas nor impede access to public right-of ways, public utility or drainage easements, adjacent structures, or any building.
      (2)   A container is permitted as a non-occupied temporary or seasonal use on any property provided the following conditions are met:
         (a)   The container is being used for temporary use and located on private property for moving items in or out of a building for a period of time not to exceed 14 days.
         (b)   The container is being used for temporary storage on private property during active and actual construction that is subject to and authorized by a city building permit.
         (c)   The container is being used for temporary storage within project limits during an authorized/approved public infrastructure project.
         (d)   The container shall be placed on concrete or asphalt.
         (e)   The container shall comply with all setback requirements.
         (f)   The container shall comply with all applicable laws, regulations, and codes.
         (g)   The container shall not be placed within loading, or landscaping areas nor impede access to public right-of ways, public utility or drainage easements, adjacent structures, or any building.
      (3)   When a container is altered by cutting, removing or replacing structural elements, the following requirements must be met:
         (a)   If a steel frame is replaced, a similar or higher grade of steel shall be used as the replacement frame.
         (b)   When openings are made in container walls for doors, windows and other openings, the opening mnst be framed with steel elements resembling or exceeding elements in the original frame and complying with the applicable ASTM steel standards.
      (4)   Non-conforming portable cargo container, truck body or semitrailer.
         (a)   An existing nonconforming portable cargo container, truck body or semitrailer, which fails to comply with this section shall be brought into conformity or removed from the property, within six months of the passage of Ordinance 22-1108-317.
         (b)   Any person who violates, disobeys, omits, neglects or refuses to comply with an order of the City of Fairfield to bring into conformity or remove a portable cargo container, truck body, or semitrailer shall be in violation of this section.
(Ord. 10-1228-18, passed 12-28-2010; Ord. 22-1108-317, passed 11-8-2022; Ord. 23-0822-340, passed 8-22-2023) Penalty, see § 154.999

§ 154.130.1 REGULATION OF PORTABLE CARGO CONTAINERS IN A B-1 AND B-2 DISTRICT.

   Placement, parking and/or storage of box truck bodies removed from the truck chassis and portable cargo containers removed from the trailer used to transport the portable cargo container within the city limits is hereby prohibited in a B-l and B-2 District, unless the owner has received a building permit approved by the Building and Zoning Officer. No one shall use a box truck body and/or portable cargo container except as allowed by the building permit. Any use in violation of this section is prohibited and is a violation of this section.
(Ord. 23-0822-340, passed 8-22-2023)

§ 154.130.2 STANDARDS FOR A BUILDING PERMIT IN A B-1 AND B-2 DISTRICT.

   (A)   For the purposes of this section, the term CONTAINERS refers to both a portable cargo container and a truck body or truck bodies.
   (B)   A building permit for placement of a container shall not be granted, by the Building and Zoning Officer, unless the following conditions are met:
      (1)   The owner applies in writing for a building permit on forms provided by the Building and Zoning Officer and pays the requisite permit fee to the Building and Zoning Officer. Permit fees are non-refundable.
      (2)   The container may not be used as a residence of any kind.
      (3)   The container shall be placed on concrete or asphalt.
      (4)   The container shall be painted in one solid monochromatic color, so as to blend in with the building to which it is an accessory and so that there is no visible writing, except that a business may have their business name or logo written on the side of the container. No other signage or advertising shall be on the container; and the container shall otherwise be so maintained as described in this division (4) for as long as it remains on the property. The container shall be painted within 30 days of it being placed on the owner's property,
      (5)   The container shall be placed on the property so as to minimize the visibility of the container from the road and other residences.
      (6) The container shall comply with all setback requirements.
      (7)   The container shall comply with all applicable laws, regulations, and codes.
      (8)   The container may be installed only after a building permit has been issued by the city.
      (9)   The total lot coverage of all containers must not exceed 30% of the total lot coverage.
         (10)   The container shall be placed a minimum of seven feet from any neighboring residential or accessory structures on the property.
         (11)   The container shall not be placed within the limits of a floodplain.
         (12)   The container shall be supported to prevent shifting of the structure.
         (13)   The container shall not be placed and kept on-end vertically.
         (14)   The container shall not be supplied with or connected to water, sewer, gas or electric service.
         (15)   The container shall not contain any toxic or hazardous material, unless otherwise permitted by law.
         (16)   The container may be subject to an annual inspection, of the interior and exterior of the container, by a Building Inspector, licensed by the State of Illinois, if the same is deemed necessary by the Mayor and/or City Council to ensure compliance with the provisions of this section and with the Code of Fairfield. Any inspection fees or costs incurred shall be paid by the property owner.
         (17)   A container that is damaged and requiring more than $500 in repairs shall not be permitted to be kept or installed.
         (18)   The container shall not be placed within off-street parking or landscaping areas nor impede access to public right-of ways, public utility or drainage easements, adjacent structures, or any building.
(Ord. 23-0822-340, passed 8-22-2023)

§ 154.130.3 DEVIATIONS FROM A BUILDING PERMIT.

   (A)   Definition. For the purposes of this section, the term CONTAINERS refers to both a portable cargo container and a truck body or truck bodies.
   (B)   Deviations. The owner of the container shall not alter it by cutting, removing or replacing the container’s structural elements. In the event the owner of the container deviates from or exceeds the authority to build, as set forth in the applicable building permit, the building permit shall be revoked and the owner must remove the container from its location and from the corporate limits of the City of Fairfield. If the owner violates the limits and specifications in the building permit, the Building and Zoning Officer shall give the owner of the container notice of the violation and a date to appeal the notice of the violation. Any appeal shall be heard by the City Council at its next available meeting. This division applies to both the owner and anyone acting on his/her behalf.
   (C)   Existing non-conforming portable cargo container, truck body or semitrailer. An existing nonconforming portable cargo container, truck body or semitrailer, which fails to comply with this section shall be brought into conformity or removed from the property, within six months of the passage of Ordinance 23-0822-340.
   (D)   Violation. Any person who violates, disobeys, omits, neglects or refuses to comply with a notice and/or order of the City of Fairfield to bring into conformity or remove a portable cargo container, truck body, or semitrailer shall be in violation of this chapter and section. Whoever commits such violation shall be fined not less than $75 and not more than $750 for each and every violation thereof, and every day the violation continues shall constitute a separate violation and offense.
(Ord. 23-0822-340, passed 8-22-2023)

§ 154.131 PROHIBITION OF PLACEMENT CLOSE TO CERTAIN STREETS AND ROADS.

   (A)   Placement parking and/or storage of box truck bodies removed from the truck chassis and portable cargo containers removed from the trailer used to transport the cargo container within the city limits is hereby prohibited at any location which is within 250 feet of the right-of-way of:
      (1)   Main Street;
      (2)   Delaware Street;
      (3)   Illinois Route 15; and
      (4)   U.S. Route 45.
   (B)   This prohibition shall not apply where the Owner obtains permission from the City Council permitting the placement of the box truck bodies removed from the truck chassis or the portable car o container at one or more of the locations listed in (A)(1) through (A)(4) above.
(Ord. 10-1228-18, passed 12-28-2010; Ord. 23-0822-340, passed 8-22-2023)

§ 154.132 REMEDIES AVAILABLE.

   This subchapter shall be a basis for the city to obtain a court order in the County Circuit Court ordering removal of any unit placed within the city limits which violates this subchapter, and shall further be the basis for the owner and/or lessee of the offending unit being required to pay all attorney’s fees and court costs incurred by the city in enforcing this subchapter.
(Ord. 10-1228-18, passed 12-28-2010)

§ 154.133 BUILDING PERMIT REQUIRED.

   Placement, parking, moving and/or storage of box truck bodies removed from the truck chassis, and portable cargo containers removed from the trailer used to transport the cargo container within the city limits is hereby prohibited until and unless the owner of the unit obtains a building permit from the Zoning Officer of the city.
(Ord. 10-1228-18, passed 12-28-2010)