Rio Vista City Zoning Code
CHAPTER 17
84 PORTABLE STORAGE CONTAINERS AND SHIPPING CONTAINERS
§ 17.84.010 Purpose and scope.
The purpose of this chapter is to establish minimum development standards for the placement and maintenance of shipping containers and portable storage containers within the city in order to maintain the aesthetic appearance of the city, preserve property values, and protect the public health, safety and welfare. These standards are in addition to Federal, State, and local laws and regulations. Wherever there is a conflict between this chapter and other laws or regulations, the more restrictive standard shall apply.
(Ord. 001-2022 § 2)
§ 17.84.020 Definitions.
For the purposes of this chapter, the following definitions shall apply.
means a container no larger than eight feet by eight and one-half feet by 16 feet and transported to a designated location for temporary storage purposes. Examples include, but are not limited to, Portable On Demand Storage ("PODS") and U-Haul U-Box containers.
means an industrial, portable vessel not greater than 40 feet in length intended for the large-scale shipping or transportation of goods or commodities, generally designed to be mounted on a rail car, truck, or ship.
(Ord. 001-2022 § 2)
§ 17.84.030 Allowed uses of shipping containers and portable storage containers.
The use of portable storage containers and shipping containers shall comply with the regulations applicable to the zoning district in which they are used. Failure to abide by these regulations shall be subject to fine pursuant to Chapter 1.16 and nuisance abatement pursuant to Chapter 8.16.
A.
B.
Commercial Districts.
C.
Industrial Districts.
1.
Shipping containers shall be permitted as either an accessory use or a principal use in any industrial zoning district, including I-P-I, B-P, M-G and A-B districts, with an approved administrative site and architectural review permit from the city, and subject to the standards set forth in Section 17.84.050.
D.
Other Districts. Shipping containers and portable storage containers are prohibited unless expressly allowed.
E.
Vacant Properties. Shipping containers and portable storage containers shall not be allowed on otherwise vacant parcels in any zoning district except when used in conjunction with construction executed in compliance with an approved building permit from the city, placed on the same parcel as the construction, and subject to standards set forth in Section 17.84.060.
F.
Notwithstanding any other provision of this chapter, shipping containers and portable storage containers used by the city for a municipal purpose shall not be subject to the standards of this chapter. Such shipping containers and portable storage containers should be located and appropriately screened to minimize visual impacts on the community.
G.
Existing shipping containers that are placed on municipal properties with the express permission of the underlying land owner(s) as of the effective date of this chapter shall be considered a legal nonconforming use and allowed; provided, however, owners of such a container shall endeavor to screen the container from the public right-of-way with, for example, decorative fencing or landscaping, painting a mural on the container, or relocating the container to minimize its visual prominence.
(Ord. 001-2022 § 2)
§ 17.84.040 Development standards-Portable storage containers.
Use of portable storage containers shall be subject to the following limitations and approval of a temporary use permit from the city.
A.
Frequency. No more than one portable storage container shall be placed on a single lot or parcel of land within a residential zone. No more than two portable storage containers shall be placed on a single lot or parcel in any other zone.
B.
Location. Portable storage containers shall be placed on private property, and not within the public right-of-way. If the subject property does not have a driveway, a portable storage container may be placed in the public right-of-way with an approved encroachment permit from the city.
C.
Duration. Portable storage containers placed on private property shall not remain longer than 60 consecutive calendar days. Portable storage containers placed within the public right-of-way with an approved encroachment permit shall not remain longer than 14 consecutive calendar days. Under no circumstances may a portable storage container be allowed on the same lot or parcel for more than 80 total days in a calendar year.
D.
Use. Portable storage containers shall only be used for the storage of goods, materials, equipment, or property. Portable storage containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of portable storage containers is not allowed.
E.
Permittee Responsibilities. The permitee shall be responsible for ensuring that the portable storage container is removed in accordance with his or her temporary use permit and in a safe manner and that no debris or materials remain on or around the portable storage container site.
(Ord. 001-2022 § 2)
§ 17.84.050 Development standards-Shipping containers.
Use of shipping containers in the city shall be subject to the following limitations.
A.
General Standards.
1.
Use. Shipping containers shall only be used for the storage of goods, materials, equipment, or property associated with the principal use of the parcel on which the container is located. Shipping containers shall not be used to store or transport hazardous materials or substances, including, but not limited to, the following: solid waste, hazardous materials, explosives, or unlawful substances or materials. Non-storage use of shipping containers may be allowed if approved pursuant to Section 17.84.070.
2.
Maximum Height. If not stacked, shipping containers shall not exceed 10 feet in height. Stacked shipping containers shall not be more than two containers high, or a maximum of 20 feet, and placed on a surface that can withstand its weight.
3.
Location. Shipping containers shall be placed on the parcel and proximate to other structures on the parcel pursuant to city fire code regulations and this code, including setbacks from property lines and other location requirements for accessory structures. Deviations from setback or similar requirements shall only be allowed if the applicant can establish that such use will not be detrimental to the community welfare or safety of the property and surrounding uses.
4.
Signage. No advertising is allowed on or otherwise in conjunction with a shipping container; provided, however, if the manufacturer's name is printed on the container, it may remain.
5.
Exterior Façade. Shipping containers shall not display signage beyond that required by law and shall be kept free of graffiti. Any graffiti shall be removed within seven calendar days of discovery.
B.
Commercial Districts.
1.
Frequency. A maximum of two containers on a single lot or parcel of land. Stacking is prohibited.
2.
Buffer from Residential Districts. Shipping containers shall not be located within 200 feet of an existing residential district.
3.
Screening. Shipping containers shall be fully screened, as approved by the planning department. Screening may include, but is not limited to, an opaque fence or fast-growing landscaping. Chain link fencing alone shall not be an approved type of screening.
C.
Industrial Districts.
1.
Frequency.
a.
Principal Use. Where the principal use of the parcel is a business that sells, leases, or places shipping containers at locations and does not provide on-site storage of goods or commodities as a service there is no frequency limit, provided the shipping containers meet the standards set forth in this chapter. Stacking is permitted with height not to exceed 20 feet.
b.
Accessory Use.
i.
A shipping container shall not be allowed as an accessory use on a single lot or parcel that is less than one acre.
ii.
No more than 10 shipping containers shall be allowed as an accessory use on a single lot or parcel that is at least one acre and less than seven acres.
iii.
No more than 15 shipping containers shall be allowed as an accessory use on a single lot or parcel that is seven acres or greater. Stacking is permitted with height not to exceed 20 feet.
c.
A parcel may contain more shipping containers than permitted by obtaining a conditional use permit approved by the planning commission, who, when approving such permit, shall make the following findings:
i.
The shipping containers shall not pose a threat to the public health, safety, or welfare due to their placement, frequency, or condition.
ii.
The shipping containers shall be placed in accordance with city fire and building code standards.
iii.
The shipping containers are, and shall remain, in good repair such that no container, due to its structural condition, contents, immediate surroundings, or other condition, contributes to visual blight or nuisance conditions.
iv.
The applicant has identified improvements to the shipping containers that shall reduce any potential for visual blight or nuisance conditions and shall implement and maintain those improvements at all times. Such improvements may include any enhancements deemed acceptable and appropriate by the city.
2.
Setbacks. Stacked shipping containers shall be placed at least 100 feet from any public right-of-way. Non-stacked shipping containers shall be placed at least 50 feet from any public right-of-way.
3.
Buffer from Residential Districts. Shipping containers shall not be placed within 500 feet of an existing residential district.
(Ord. 001-2022 § 2)
§ 17.84.060 Temporary use of shipping containers.
Shipping containers shall be allowed in all zones on a temporary basis subject to approval of a temporary use permit when utilized during construction operations for the parcel pursuant to an approved building permit from the city and when utilized solely for the storage of supplies and equipment used for such construction operations. Removal of the container shall occur either upon occupancy of the building or expiration of the construction permit, whichever occurs first.
(Ord. 001-2022 § 2)
§ 17.84.070 Non-storage uses-Shipping containers.
Notwithstanding other provisions of this chapter, a shipping container may be used as a structure for a principal use, or accessory use to the principal use, so long as subject to approval of all entitlements required of a structure, subject to approval of all permits for the use, including site and architectural review, and placed on the parcel and proximate to other structures on the parcel pursuant to city fire and building code regulations and this code, including setbacks from property lines and other location requirements.
(Ord. 001-2022 § 2)
§ 17.84.080 Nonconforming uses-Portable storage and shipping containers.
A.
Unless otherwise provided by this chapter, all illegal, nonconforming uses of shipping containers and portable storage containers within the city as of the date of the adoption of this chapter are prohibited and may be subject to citation, fine, or abatement pursuant to Chapter 8.16, or other civil or criminal penalties.
B.
A shipping container constructed or placed prior to the date of adoption of this chapter shall be allowed to continue provided that the shipping container meets the following conditions:
(Ord. 001-2022 § 2)