Flanagan City Zoning Code

STORAGE OR

SHIPPING CONTAINERS

§ 152.185 PURPOSE: DEFINITIONS.

(A) Purpose. The regulation of temporary and permanent storage units/shipping containers shall conform to the regulations prescribed in this section, shall meet the specific regulations prescribed in this section, and shall meet the specifications as required in each zoning district.

(B) Definitions. As used in this subchapter:

STORAGE/SHIPPING CONTAINER. Any unit originally or specifically designed or used to store goods, or merchandise during shipping or hauling by container ships, rail, or other types of transportation.

(Ord. 2024-13, passed 9-17-2024)

§ 152.186 TEMPORARY USE.

Storage/shipping containers shall be allowed for temporary use within the village in the following instances:

(A) A building permit is required for any storage/shipping containers being set or put in place at any location in the village.

(B) Only one storage/shipping container is allowed on any property.

(D) A limit of one permit per calendar year shall be granted for a maximum of 30 days, with one 30 day extension possible at the discretion of the Zoning Committee.

(E) No stacking of material on top of the storage/shipping container is allowed.

(F) All temporary storage/shipping containers must meet the established setbacks for any districts in the village.

(G) At a construction site for the duration of the project but not longer than one year, with the containers to be removed within 30 days of the completion of the project.

(H) All containers regulated in this section shall be stored completely within the property lines of the subject property and shall not be placed on any public right-of-way or public property. Containers shall not be placed in such a fashion as to impede or obstruct the flow of drainage waters, nor impede or obstruct emergency access to the property or access to utility services or shut-offs. Units shall not impair public safety by interfering and obstructing the vision of persons using the streets, sidewalks, or driveways on or adjacent to the property.

(Ord. 2024-13, passed 9-17-2024)

§ 152.187 PERMANENT USE.

Storage/shipping containers shall be allowed for permanent use within the village only under the following instances:

(A) Containers shall be allowed only on properties zoned as (B) Business.

(B) A building permit is required for any storage/shipping containers being set or put in place at any location in the village. A fee of $35 shall be paid to the village at the time of the permit’s approval.

(C) Containers shall be allowed as an accessory use only and subject to the requirements of the zoning district in which it is located.

(D) Only one storage/shipping container is allowed on any property.

(E) At no time shall any permanent storage/shipping container be allowed to be placed anywhere other than in the rear yard.

(F) Only storage/shipping containers 20 feet or less in length shall be allowed.

(G) All signage on the container shall be removed and the container shall be painted an earth tone color or a color of siding material compatible with the surrounding environment or adjacent structures. The painting or siding shall be completed within 30 days of the placement of the container. This provision shall apply retroactively; therefore, all permanent use storage/shipping containers, whenever placed, including before the adoption of this subchapter, shall be required to comply with this provision regarding signage and painting.

(H) No stacking of material on top of the storage/shipping container is allowed. This provision shall apply retroactively; therefore, all permanent use storage/shipping containers, whenever placed, including before the adoption of this subchapter, shall be required to comply with this provision regarding the stacking of materials on such storage/shipping containers.

(I) The container shall be safe, structurally sound, and be placed on a stable surface. Any container that becomes unsafe, unstable, or dangerous, as determined by the Zoning Committee, shall be removed or repaired immediately by the property owner.

(J) No containers may be utilized as rental units or be leased to anyone other than the property owner or business where the container is placed.

(K) Containers shall not be connected to utility services, with the exception of electricity, nor shall any other utility service be utilized within the container.

(L) All containers regulated in this section shall be stored completely within the property lines of the subject property and shall not be placed on any public right-of-way or public property. Containers shall not be placed in such a fashion as to impede or obstruct the flow of drainage waters, nor impede or obstruct emergency access to the property or access to utility services or shut-offs. Units shall not impair public safety by interfering and obstructing the vision of persons using the streets, sidewalks, or driveways on or adjacent to the property.

(Ord. 2024-13, passed 9-17-2024)

§ 152.188 ENFORCEMENT PROCESS.

The village shall enforce any violations as follows:

(A) Notice to abate. It shall be the duty of the village, its duly appointed representative, the Livingston County Sheriff’s Department, or a Sheriff’s Deputy to serve or cause to be served a notice upon the owner or occupant of any premises on which a public nuisance exists in violation of the provisions of this subchapter and to demand the abatement of the nuisance within 15 calendar days of the notice.

(B) Abatement by village. If the person so served does not abate the nuisance within 15 calendar days, they shall be subject to a fine of no less than $50 and no more than $350 plus court costs. A separate offense shall be deemed committed each day a violation occurs or continues. The village may proceed to abate such nuisance, keeping an account of the expense of the abatement, and such expense shall be charged to and paid by such owner or occupant. The village shall have the right to take such legal steps to collect amounts owed for the abatement of illegal weeds and/or grass as it deems necessary, including, but not limited to, the procedure set forth herein. All costs and fees for this abatement incurred by the village shall be the responsibility of the owner or occupant.