Mount Vernon City Zoning Code
SHIPPING CONTAINERS
§ 161.065 DEFINITIONS.
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SHIPPING CONTAINER. A unit originally used for or designed for the transport, shipping, or hauling of materials or goods by land, sea, or air; capable of being moved or mounted by rail, truck, or boat. This definition also includes the terms PORTABLE MOVING/STORAGE UNIT/CONTAINER/POD and CARGO/OCEANGOING/TRANSPORT CONTAINER and any INTERMODAL SHIPPING CONTAINER or similar unit. In addition, this definition includes any structure designed to be used for or designed to imitate a shipping container or having a similar appearance to and similar characteristics of a shipping container.
(Prior Code, Art. 21, § 21-109.9)
§ 161.066 SHIPPING CONTAINER USE.
Except as specifically hereinafter expressly provided, the placement and/or use of any shipping container as a primary or principal structure, an accessory building, storage building, living unit, other building, or other similar purpose are prohibited within the zoning jurisdiction of the City of Mt. Vernon.
(Prior Code, Art. 21, § 21-109.9)
§ 161.067 BUILDING OR CONSTRUCTION COMPONENT.
A shipping container is permitted to be used as a building or construction component of one primary or principal structure upon a lot only if the following conditions are met:
(A) Each, the use of a shipping container as a building or construction component and the principal structure of which the shipping container forms a part, shall comply with all applicable codes, regulations, and laws, including without limitation, all building, plumbing, electrical, housing, fire, and energy conservation codes, regulations and laws.
(B) A shipping container shall not be used as a building or construction component of any structure upon property that is zoned A-G, General Agriculture; F-P, Flood Plain; R-1, Low Density Residential; R-2, Medium Density Residential; R-M2, Medium Density Residential and Mobile Home; R-3, High Density Residential; R-MH, Planned Manufactured/Mobile Home; I-A, Industrial-Agriculture; or IPCA-PUD, Industrial Park Conservation Area, nor shall a shipping container be used as a building or construction component of any structure designed or intended for use, or actually used, as a residential dwelling or for any residential purpose, regardless of the zoning classification.
(C) A shipping container may be used as a building or construction component of a non-residential structure upon property that is zoned B-1, Primary Business; B-2, Secondary Business; B-3, Interchange Business; B-PL, Planned Business; I-1, Light Industrial; or I-2, General Industrial.
(Prior Code, Art. 21, § 21-109.9)
§ 161.068 ACCESSORY STRUCTURE.
A shipping container is permitted as an accessory structure upon property that is zoned B-2, Secondary Business; B-3 or Interchange Business; B-PL, Planned Business with a Conditional Use Permit and upon property that is zoned A-G, General Agriculture; I-1, Light Industrial; I-2 General Industrial; or I A, Industrial Agricultural if the following conditions are met:
(A) A shipping container shall be used as an accessory storage facility only in relation to a lawfully permitted use.
(B) The shipping container shall be placed on concrete, asphalt, or a level, compacted non-soil hard surface.
(C) The shipping container shall be painted so as to blend in with the building to which it is an accessory; no signage or advertising shall be present on the shipping container.
(D) The shipping container shall be placed on the property so as to minimize the visibility of shipping container to a road, to a property used for residential purposes, and/ or to a property used for non-industrial businesses or non-industrial purposes; screening and landscaping may be required to obscure the visual presence of a shipping container.
(E) Shipping containers may be stacked only to a maximum of two containers high.
(F) The shipping container shall comply with all setback requirements applicable to the zoning district in which it is located.
(G) The shipping container shall comply with all applicable laws, regulations, and codes.
(H) A shipping container shall be placed only after a Building Permit has first been issued by the Building Inspector; and, if applicable, only after a Conditional Use Permit has also been obtained.
(I) A shipping container shall not be placed within off-street parking, loading, or landscaping areas; nor shall a shipping container impede access to public right-of-ways, public utility or drainage easements, adjacent structures, or any building.
(Prior Code, Art. 21, § 21-109.9)
§ 161.069 NONCONFORMING STRUCTURE PERMIT.
A shipping container which has been placed upon a property as an accessory structure prior to the date of adoption of this §§ 161.065 through 161.071 and which does not comply with the requirements of § 161.068 may continue to be placed upon the property as a permitted nonconforming structure if the following conditions are met:
(B) The shipping container used as an accessory structure must be registered with the City as a permitted nonconforming structure by applying for and obtaining a Building Permit prior to December 31, 2020; the Building Permit shall include the identification information and specific location for the shipping container. After December 31, 2020, use of a shipping container that has not been registered as a nonconforming accessory structure shall be unlawful; and the shipping container must be removed.
(C) The shipping container shall comply with the provisions of § 161.068(A), (B), (C), (D), (E), (F), and (I) of “ACCESSORY STRUCTURE” set forth above prior to December 31, 2020.
(D) (1) The shipping container shall not be enlarged or altered in a way which increases its non-conformity, but the shipping container may be altered to decrease its non- conformity.
(2) If the shipping container is destroyed by any means to an extent of more than 25 percent of its physical structure, it shall not be repaired or reconstructed, but shall be removed and shall not be replaced. After registration, if the shipping container is moved for any reason for any distance whatever, it shall be removed from the property.
(Prior Code, Art. 21, § 21-109.9)
§ 161.070 TEMPORARY USE.
(A) In all Zoning Classification Districts a contractor may use a shipping container for the temporary housing of equipment and materials during active and actual construction of an improvement that is subject to and authorized by a City building permit until the contractor’s construction is completed or a certificate of occupancy for the improvement is issued, whichever is sooner; provided that in no event shall a shipping container remain upon a property without a valid unexpired permit for said shipping container; said temporary use shall be subject to the following:
(1) The shipping container may be placed only after a temporary permit has first been issued by the Building Inspector; said Temporary Permit for the placement of a shipping container may only be issued in conjunction with a Building Permit for the construction site where the shipping container is to be placed.
(2) The temporary shipping container permit shall be valid for a period of one calendar year from the date of issuance or until the associated Building Permit expires or a certificate of occupancy is issued for the improvement subject of the Building Permit, whichever first occurs.
(3) The temporary shipping container shall not be placed within the public right-of-way, and shall not be placed in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon.
(4) The temporary shipping container may only be placed upon the construction site associated with the active Building Permit.
(5) The temporary shipping container must be placed a minimum of five feet away from all adjacent property lines and public rights-of-way.
(6) Temporary shipping containers shall not be stacked.
(7) The temporary shipping container must be secured at night time and maintained in good condition.
(B) A shipping container, temporarily upon a property, actively and actually used for the transport, shipping, or hauling of materials or goods in relation to a lawful use upon a property within an industrial or business zoned district shall not be considered an accessory structure; however, no such temporary period for a shipping container shall exceed 30 days.
(Prior Code, Art. 21, § 21-109.9)
§ 161.071 VIOLATIONS.
(Prior Code, Art. 21, § 21-109.9)