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Ordinance 26-06OFFICIAL PUBLICATION ORDINANCE NO. 26-06 AMENDING CHAPTER 11 BUILDING AND BUILDING REGULATIONS OF THE CITY OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS ESTABLISHING REQUIREMENTS FOR THE USE OF EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS WHEREAS, the City Council of the City of Dubuque finds that storage containers and storage trailers used for the exterior storage of materials, inventory or equipment may constitute an eyesore to the community when not properly maintained; and WHEREAS, the City Council finds that storage containers and storage trailers constitute a threat to public health and safety because their location can block or prevent proper access to buildings and building exits, emergency exits, fire connections to sprinkler systems and utility disconnects; and WHEREAS, the City Council finds that storage containers and storage trailers constitute a threat to public health and safety because they can contain unknown and sometimes hazardous contents; and WHEREAS, the City Council finds that storage containers and storage trailers can be converted into permanent structures without any practical means of complying with building and fire code requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. Chapter 11 of the City of Dubuque Code of Ordinances is amended by adding the following new article: ARTICLE VII. EXTERIOR STORAGE CONTAINERS AND STORAGE TRAILERS Section 11-83. Definitions: As used in this article, the following terms shall have the following meanings: Storage Container — Any enclosed receptacle without wheels twenty (20') feet or more in length designed, built or intended to be used for the shipment, transportation or storage of goods and not being used primarily for the shipment or transportation of goods, but not including a construction trailer. Storage container also does not include a truck trailer or semi -truck trailer while it is actively being used for the transportation of materials, inventory or equipment. Storage Trailer - Any enclosed receptacle with wheels twenty (20') feet or more in length designed, built or intended to be used for the shipment, transportation or storage of goods but not including a construction trailer. Storage trailer also does not include a truck trailer or semi -truck trailer while it is being used for the transportation of materials, inventory or equipment. Section 11-84. Storage Containers or Storage Trailers Permitted; Exemptions: This Article shall apply to use of any storage container or storage trailer for the exterior storage of materials, equipment or inventory. Notwithstanding the foregoing, this Article shall not apply to the following: (1) Storage containers or storage trailers attached to a loading dock, construction trailers or containers or licensed and federally inspected vehicles such as a truck trailer or semi -truck trailer while it is not being used for the storage of goods; (2) A business that rents storage trailers or storage containers to others. Section 11-85. Required Conditions: Storage containers or storage trailers permitted by this Article shall be subject to the following conditions: (1) Storage containers or storage trailers shall not be stacked; (2) Storage containers or storage trailers not connected to a loading dock shall be located not less than 20' from any building and shall not block any fire exit doors of the building; (3) Storage containers or storage trailers shall at all times be kept good in appearance and shall not be in a state of neglect, including, but not limited to, substantial peeling paint, rust holes or missing or broken parts; (4) Storage containers or storage trailers shall not have any attachments such as utilities, roof, siding, stairs or other conditions such that the container or trailer constitutes a permanent structure unless such container or trailer complies with all applicable electrical and building code requirements; (5) Storage containers or storage trailers shall have no goods or materials underneath the container or trailer; (6) Storage containers or trailers shall not be used for the storage of hazardous waste or materials unless the container or trailer complies with all applicable federal, state or local regulations; and (7) Storage containers or storage trailers shall at all times be kept secure; and Section 11-86. Permit Required: No person shall use or maintain or permit to be used or maintained an exterior storage container or storage trailer without first obtaining an annual permit therefore as provided in this Article. Section 11-87. Application for Permit; Site Plan: An application for an exterior storage container or storage trailer permit shall be filed with the City Manager on a form provided by the City Manager. The application shall include the following information: (1) The name, address and telephone number of the applicant; (2) A site plan which shall be a dimension drawing showing the following: a. North arrow; b. Property lines; c. Location of all structure(s) on the subject property, including dumpsters, and dimensions; d. Location of emergency lanes, location of ingress and egress to the property, location of parking areas; e. Location of each proposed storage container or storage trailer and dimensions from building(s); f. Contents of each storage container or storage trailer. Falsification of information on an application shall be grounds for denial or revocation of a permit. Section 11-88. Consideration of Application: The City Manager shall, upon consideration of the application and the information required herein, approve or reject the application. Section 11-89. Fees: At the time of filing the application, the applicant shall pay to the City a non-refundable permit fee established by the City Manager. Section 11-90. Revocation of Permit: A permit may be revoked or suspended by the City Manager for a violation of any of the provisions of this Article or any other ordinances of the City or the laws of the United States or the state of Iowa. The permittee shall be given not less than ten -day's written notice of the proposed action to be taken prior to suspension or revocation. The permittee may file with the City Clerk a written notice of appeal to the City Council from the suspension or revocation. Section 11-91. Variance: The City Manager may grant a variance in a specific case and from a specific provision of this Article based on the City Manager's determination of the following: (1) That there are practical difficulties or unnecessary hardships in carrying out the strict letter of a requirement of this Article; (2) That the effect of the application of the provisions of this Article would be arbitrary in the specific case; (3) That an extension of time would not constitute an appropriate remedy for such practical difficulties or unnecessary hardships; and (4) That such variance is in harmony with the general purpose and intent of this Article in securing the public health, safety and general welfare and does not constitute an imminent danger to the public. Section 2. Effective Date. This Ordinance shall take effect July 1, 2006. Passed, approved and adopted this 6th day of March, 2006. /s/Roy D. Buol, Mayor Attest: /s/Jeanne F. Schneider, CMC City Clerk Published officially in the Telegraph Herald Newspaper the 15th day of March, 2006. /s/Jeanne F. Schneider, CMC City Clerk 1t 3/15