A.   The purpose and intent of this chapter is to provide standards to ensure that portable storage containers as defined herein are only used for short term, temporary storage and transport of personal property on private property or where permitted in a public street, public roadway, public alley, or public right of way; and are not used as long term accessory buildings or storage sheds or structures; and do not impede vehicular access, traffic flow or circulation; and minimizes traffic congestion; and do not create public safety hazards; and which provide for adequate visual screening and landscaping; and minimizes aesthetic blight and other adverse environmental impacts; and are safely operated and maintained based upon such factors as the permitted size, height of stacking, the cargo within such containers, the locations and surface used, and the accessibility for police, fire, rescue, emergency and maintenance equipment and vehicles; and that any permitted placement thereof be restricted to private property unless site constraints dictate placement elsewhere, in which case placement within a public street, public roadway, public alley, or public right of way may be allowed by a permit issued at the discretion of the city. (Ord. 3734, 11-2-2015)

PORTABLE STORAGE CONTAINER: Shall mean and include:

   A.   Any "building" (as defined in section 10-1-4 this title); or

   B.   Any fully or partially enclosed container, pod, shed, unit, structure, or building of whatever type, size, construction, or material designed or constructed for the storage, loading, unloading, shipping, transport, movement, or placement therein of any personal property and which can be transported or moved to or from a site by a vehicle or is otherwise mobile and which is not permanently affixed and considered by the tax assessor's office for Christian County, Illinois, to be a part of the real estate or land where it is located for ad valorem tax purposes.

However, notwithstanding the foregoing descriptions, a portable storage container shall not mean nor include:

   A.   Any plastic or metal receptacle with a capacity less than two (2) cubic yards that is designed for the purpose to collect quantities of trash or garbage; or

   B.   Any "roll-off container" as defined in section 3-11-1 of this code; or

   C.   Any stationary semitrailer unit that is not connected to a truck tractor; or

   D.   Any portable storage container that is placed, maintained or used by the Taylorville fire department for training activities or for any and all other purposes of the Taylorville fire department or of the Taylorville fire protection district; or

   E.   Any movable accessory building (as defined in section 10-1-4 of this title) that is located on property with a zoning classification of R-1 district (residential) or R-2 district (residential).

   SEASONAL BUSINESS TIME PERIOD: A period of time not to exceed ninety (90) consecutive calendar days and not more than twice per calendar year where one or more portable storage containers are placed, maintained, stored, or used on property with a C-1 district (commercial) or C-2 district (commercial) zoning classification for the purpose of displaying for retail sale to the general public flowers, plants, shrubbery, or landscaping merchandise, goods, materials, or products.

   SEMITRAILER: A detachable trailer designed for hauling freight, with wheels at the rear end, the forward end being supported by the rear of a truck tractor when attached.

   STACKED: A method of placing or storing or stacking two (2) or more portable storage containers in a vertical manner where the floor of the lower portable storage container remains parallel to the ground. (Ord. 3734, 11-2-2015)

   A.   Except as may be permitted in this section, portable storage containers shall not be placed, maintained, stored, or used on any private property or on any public street, public roadway, public alleyway, or public right of way located within any zoning district in the city.

   B.   Subject to compliance with the regulations and standards set forth in section 10-14-4 of this chapter and provided a portable storage container permit is first obtained from the city's health, building, and zoning enforcement officer, a portable storage container may be placed, maintained, stored, or used for a residential dwelling on private residential property located within any zoning district within the city for a maximum period of sixty (60) consecutive calendar days within any calendar twelve (12) month period. Such maximum sixty (60) day period may be extended by the city's health, building, and zoning enforcement officer for a period of time as he may deem appropriate and necessary to facilitate the moving and/or relocation of an occupant's residence or to facilitate cleanup or restoration activities resulting from natural disasters, floods, fires, windstorms or other unforeseen catastrophic events, or to complete repairs or remodeling of the interior, in whole or in part, of the residential dwelling located on such private residential property. The fee for such portable storage container permit shall be twenty five dollars ($25.00); and each owner and occupant of the property where such portable storage container is to be located must sign the application for such permit and each such owner and occupant shall comply with and be bound by this chapter.

   C.   If the city's health, building, and zoning enforcement officer determines there are site constraints that dictate placement elsewhere, and subject to compliance with the regulations and standards set forth in section 10-14-4 of this chapter, and provided a portable storage container permit is first obtained from the city's health, building, and zoning enforcement officer, a portable storage container may be placed, maintained, stored, or used for storage on a public street, public roadway, public alley, or public right of way for a residential dwelling on private residential property located within any zoning district for a maximum period of sixty (60) consecutive calendar days within any calendar twelve (12) month period. Such maximum sixty (60) day period may be extended by the city's health, building, and zoning enforcement officer for a period of time as he may deem appropriate and necessary to facilitate the moving and/or relocation of an occupant's residence or to facilitate cleanup or restoration activities resulting from natural disasters, floods, fires, windstorms or other unforeseen catastrophic events, or to complete repairs or remodeling of the interior, in whole or in part, of the residential dwelling located on such private residential property. The fee for such portable storage container permit shall be twenty five dollars ($25.00); and each owner and occupant of the property where such portable storage container is to be located must sign the application for such permit and each such owner and occupant shall comply with and be bound by this chapter.

   D.   Subject to compliance with the regulations and standards set forth in section 10-14-4 of this chapter, portable storage containers may be placed, maintained, stored, or used on property with a zoning classification of I-1 district (industrial) or I-2 district (industrial) or I-3 district (industrial).

   E.   Subject to compliance with the regulations and standards set forth in section 10-14-4 of this chapter, contractors may place, maintain, store, or use one portable storage container at any one time on property located within any zoning district within the city during the period of construction, repairs, or remodeling of the exterior or interior of premises located at the construction site. Each such portable storage container shall be removed from such property within seven (7) consecutive calendar days after the completion of such construction activity; provided however, if construction ceases for a period of thirty (30) consecutive calendar days or is otherwise abandoned, such portable storage container shall be removed no later than seven (7) consecutive calendar day period after the city's health, building, and zoning enforcement officer issues a notice and order to remove such portable storage container.

   F.   Subject to compliance with the regulations and standards of section 10-14-4 of this chapter, portable storage containers may be placed, maintained, stored or used during a seasonal business time period on private property located in a C-1 district (commercial) or C-2 district (commercial) zoning classification for the purpose of displaying for retail sale to the general public flowers, plants, shrubbery, or landscaping merchandise, goods, materials, or products; provided, however, such portable storage containers meet all the requirements of the regulations and standards set forth in section 10-14-4 of this chapter.

   G.   Subject to compliance with the regulations and standards of section 10-14-4 of this chapter, portable storage containers, not to exceed a total of six (6) portable storage containers at any one time, may be placed, maintained, stored and used upon any lot that has a zoning classification other than an R-1 district (residential) or in an R-2 district (residential) for the sole purpose of storing goods and merchandise for sale or for manufacturing purposes conducted on such lot by the owner or tenant of such lot; provided, however, the conduct of such business operations are authorized and permissible in such zoning classification.

   H.   The placement and maintenance of portable storage containers upon any lot that has a zoning classification other than an R-1 district (residential) or an R-2 district (residential) for the sole purpose of rental to other persons or entities who will temporarily place such portable storage containers to another site is permissible; provided however, the rental of portable storage containers to persons or entities other than to the owners or tenants of the entire real estate lot where all such portable storage container(s) is/are located is strictly prohibited. (Ord. 3734, 11-2-2015)

   A.   A portable storage container shall be placed and maintained on a paved, concrete, asphalt or gravel surface and shall meet all minimum front, side, and rear yard or lot setback requirements for the applicable zoning district.

   B.   No portable storage container shall have dimensions greater than forty feet (40') in length, eight feet (8') in width, and eight feet (8') in height.

   C.   No signage other that owner identification logos shall be attached or allowed on any portable storage container.

   D.   All portable storage containers shall be maintained in a condition free from rust, peeling paint and other forms of visible deterioration of any kind, nature or extent whatsoever. The owner of the portable storage container shall be responsible for its maintenance.

   E.   Portable storage containers shall not be stacked atop one another.

   F.   Portable storage containers shall not be placed or maintained or stored or used on property or within any area that is within the floodplain or floodway or within any designated landscape or flood retention or detention areas.

   G.   Portable storage containers shall be located to the rear of any business or commercial or industrial property that has a zoning classification other than an R-1 district (residential) or in an R-2 district (residential).

   H.   Portable storage containers shall not contain any personal property or materials or liquids of a toxic or flammable or radioactive nature.

   I.   Except for seasonal business time periods, portable storage containers shall not be used for the purpose of displaying for sale or for conducting any business or selling any goods, merchandise, materials, or personal property of any kind, nature or extent whatsoever.

   J.   Portable storage containers shall not be placed, maintained, stored, or used within any off street parking spaces as required under this title or within any loading/unloading area on the property.

   K.   Portable storage containers placed, maintained, stored or used must be kept safe, structurally sound, stable, and in good repair. Any portable storage container that becomes unsound, unstable or otherwise dangerous shall be immediately repaired or removed from the property where located by the owner or occupant thereof.

   L.   Portable storage containers shall not be placed, maintained, stored, or used in a manner that impedes the flow of traffic or access to any public street, roadway, alleyway, right of way, public utility or drainage easements, adjacent structures or buildings, or fire hydrants, or access by fire, rescue, police, and emergency vehicles.

   M.   A portable storage container shall not be modified, retrofitted or used for on site human habitation and shall not have windows, heating and cooling, plumbing, air circulation systems, interior lighting, or multiple entrances.

   N.   Portable storage containers located on property with a zoning classification of C-1 district (commercial) or C-2 district (commercial) shall not be placed, maintained, stored, or used closer than thirty feet (30') from the nearest boundary line of any property zoned or used for residential land uses; and shall not be placed, maintained, stored, or used closer than thirty feet (30') from any existing structure or building on site or within one hundred feet (100') of the front property boundary line, unless in either of the last two (2) situations, the city's health, building, and zoning enforcement officer approves such placement after determining that the orientation of property lines and building location prevents compliance with this placement requirement.

   O.   Portable storage containers shall be safely secured and all enclosures locked when not in immediate use to prevent vandalism, theft, and to provide personal safety and protection for children and for other unauthorized persons who may attempt to open or enter such portable storage container. (Ord. 3734, 11-2-2015)

   A.   Any portable storage container which existed lawfully on a parcel or tract of land at the time of the adoption of an ordinance enacting this chapter shall be removed, by the owner or occupant of the property where such portable storage container is located, within sixty (60) consecutive calendar days after adoption of such ordinance, unless such portable storage container is authorized or permitted under this chapter.

   B.   Any portable storage container placed, maintained, stored or used in violation of this chapter may be removed by the city or its delegates if such owner or occupant fails to remove such portable storage container(s) within fourteen (14) consecutive calendar days immediately following the receipt of a notice of such violation and order to remove such public nuisance issued by the city's health, building, and zoning enforcement officer. Such notice of violation and order to remove shall be deemed received by such owner and/or occupant on: 1) the date of personal service of such notice and order; or 2) within three (3) business days of depositing a copy of such notice and order in a United States post office or post office box in Taylorville, Illinois, in an envelope addressed to "Owner and/or Occupant" with proper postage for regular mail prepaid at the address of the property where such portable storage container(s) are located; or 3) if such address is unknown, then the date when a copy of such notice of violation and order is posted near the main entrance of the property where any of such portable storage containers are located or on one of such portable storage containers. Each owner and occupant, jointly and severally, shall be liable for and pay the city for all costs and expenses including, but not limited to, reasonable attorney fees and court and collection costs, incurred and related to the removal and disposition of such portable storage container(s) and the collection of such indebtedness; and such indebtedness shall be recordable as a lien upon the property where such portable storage container(s) are or were located before such removal.

   C.   In addition to and not in lieu of the remedy provided in subsection B of this section, any "person" (as defined under section 1-3-2 of this code) found to have been in violation of any of the terms and provisions of this chapter shall be assessed a fine or penalty for each offense in accordance with the general penalty provisions set forth in section 1-4-1 of this code. Each day upon which a violation occurs or continues shall be deemed to be a separate offense. (Ord. 3734, 11-2-2015)