Outdoor Storage Regulations
Preparer: Barry A. Lindahl. Corporation Counsel Address: Suite 330 300 Main Street Dubuque
IA 52001 Telephone: 15631583-4113
ORDINANCE NO. 84-04
AMENDING CHAPTER 11 BUILDING AND BUILDING REGULATIONS OF THE CITY
OF DUBUQUE CODE OF ORDINANCES BY ADOPTING A NEW ARTICLE VII.
EXTERIOR STORAGE CONTAINERS PROHIBITING THE USE OF EXTERIOR
STORAGE CONTAINERS
WHEREAS, the City Council of the City of Dubuque finds that storage
containers used for the exterior storage of materials, inventory or equipment
constitute an eyesore to the community; and
WHEREAS, the City Council finds that storage containers constitute a
threat to public health and safety because their location may and do block or
prevent proper access to buildings and building exits, emergency exists, fire
connections to sprinkler systems and utility disconnects; and
WHEREAS, The City Council finds that storage containers constitute a
threat to public health and safety because they may and do contain unknown and
sometimes hazardous contents; and
WHEREAS, the City Council finds that storage containers may be and are
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 PROHIBITED
Section 11-83.
Exterior Storage Containers Prohibited:
(a) For purposes of this article, storage container means any receptacle
designed, built or intended to be used for the shipment, transportation or
storage of goods.
(b) The use of storage containers for the exterior storage of materials,
inventory or equipment is hereby prohibited. This prohibition shall not
apply to a truck trailer or semi-trailer while it is actively being used for the
transportation of materials, inventory or equipment and is temporarily
located adjacent to a loading dock.
(c) Notwithstanding subparagraph (b), a storage container may be used as
a construction site trailer but only during construction on the site.
2004.
Passed, approved and adopted this 20th day of December, 2004.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Úe'. .. / )
l:4 /,;<.;:r'/ //':;:;~/>( ü AI' l;>~
/jeanne F. Schneider, City Clerk
D~~~E
~~~
MEMORANDUM
C'"
.'
December 15, 2004
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Storage Containers
The City of Dubuque has seen an increase in the use of exterior commercial storage
containers and semi-tractor trailers being used in commercial and industrial areas for
storage and other purposes. In the case of one retailer, Wal-Mart, there are over 50
storage containers behind their building. This equals approximately 16,000 sq. ft. of
space.
These containers are not subject to the site plan review process. They do not have
interior fire protection devices and are an eyesore. These containers may be a threat to
public health and safety because their location could block or prevent proper access by
the Fire Department to buildings and building exits, emergency exits, fire connections to
sprinkler systems and gas and electric utility disconnects in an emergency. These
containers may constitute a threat to public health and safety because they may contain
hazardous contents.
Some containers have been converted into "permanent" structures without any practical
means of complying with building and fire code requirements. The City has found
examples of containers with electrical service run to the container, stairs installed, and
in one case a roof was installed.
Because the use of exterior storage containers is a recent development with big box
retailers, few cities have regulations in place. Some cities, including Charlotte, North
Carolina; Abilene, Texas; and Coralville, Iowa; prohibit outdoor storage and the use of
these containers. However, Coralville does allow outdoor storage in Industrial Districts.
The cities of Windsor Heights, Iowa; Rochester, Minnesota; and Scarborough, Maine;
regulate storage containers as temporary structures through a permit process as
opposed to prohibiting them as nuisances.
After working with a staff review committee, Assistant City Manager Cindy Steinhauser
is recommending the prohibition of storage containers with the ordinance taking effect
on July 1, 2005, to give adequate time for compliance.
This recommendation was arrived at for the following reasons.
Lack of staff resources. Regulating storage containers requires adequate staff support
for the regulatory process - application, site plan review, permitting, renewal, etc.
Regulating storage containers also requires adequate staff support for enforcement -
periodic inspections to monitor whether semi-trailers and shipping containers are being
used as long-term storage facilities, are actively used for short-term storage or are
simply abandoned. The Building Services Department does not have the capacity to
take on either a regulatory role or an enforcement role for storage containers.
Homeland security concerns. Even if adequate staff resources were made available for
Building Services staff to regulate storage containers, homeland security concerns
would remain. For example, a business could place a storage container in the wrong
place, blocking fire and ambulance access. Or, an unexpected storage container could
be placed next to a high traffic area or next to other containers, creating a security risk.
Safety issues. Even with regulation, the conversion of semi-trailers and shipping
containers to storage facilities presents safety issues. They become de facto extensions
of the businesses, creating substantial storage space. These containers are designed to
serve as over-the-road transport, not as a storage building. For example, they lack fire
protection devices or firewall construction.
Bliqhtinq influence. Typically, the principal structure used by a business is kept in good
repair, presenting an attractive appearance to attract and retain customers. This same
level of upkeep is not typical of storage containers, which may have faded paint, rust,
missing or broken parts, or a deteriorated appearance. Even if regulated, these types of
containers can remain on a site for an extended period while the enforcement is
pursued, contributing to urban blight.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
(ì\~l{ ~<,.t~()"
Michael C. Van Milligen ~.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
D~
~~~
MEMORANDUM
December 13, 2004
TO:
Michael C. Van Milligen, City Manager
FROM:
Cindy Steinhauser, Assistant City Manager
SUBJECT: Storage Containers
Introduction
The purpose of this memorandum is to review the use of exterior commercial storage
containers and to recommend a policy on the use of such containers.
Discussion
The City of Dubuque has seen an increase in the use of exterior commercial storage
containers by "big box" commercial businesses such as Wal-Mart, Lowes, HyVee and
Shopko. These containers are similar in size and appearance to a semi-truck trailer,
approximately 8' x 40', and can be stacked on top of each other or are actual semi-
tractor trailers. These containers often serve as an extension of the business providing
a place to store inventory until the merchandise is transferred to the building and
advertised for sale. For example, in December 2003 and 2004, the Dubuque Wal-Mart
store had over 50 storage containers behind its building for the storage of inventory.
This equates to approximately 16,000 square feet of space outside of the building used
for storage or approximately 7.76% of their total square footage based upon their
current size of 206,183 sq. ft.
It is important to note that these containers are also not subject to the site plan review
process; they do not have interior fire protection devices and can be an eyesore
depending on their visibility from the right of way. Attached are photos of these storage
containers where they are used in large quantity and may be a threat to public health
and safety because their location blocks or prevents proper access to buildings and
building exits, emergency exits, fire connections to sprinkler systems and utility
disconnects. These photos also show where storage containers have been converted
into permanent structures without any practical means of complying with building and
fire code requirements (i.e. electrical service is run to the container, stairs are installed
to provide access and in some cases roofs are installed over the container.) These
containers also constitute a threat to public health and safety because they may contain
unknown and sometime hazardous contents. This is of particular concern with the
Homeland Security Act where we have large, unexpected containers with unknown
inventory located inside of them adjacent to high traffic areas or other similar containers.
A committee consisting of Fire Marshal Scott Neyens, Corporation Counsel Barry
Lindahl, Planning Services Manager Laura Carstens, Associate Planner Kyle Kritz,
Building Services Manager Rich Russell and me have been meeting to discuss the
regulation of these containers in the City of Dubuque. As part of our review, we
considered the following:
1.
Are exterior storage containers currently allowable under the City of Dubuque
Code of Ordinances?
What use of exterior storage containers do other cities allow?
What is the permit process in cities that allow exterior storage containers?
2.
3.
Are exterior storage containers currently allowable under the City of Dubuque
Code of Ordinances?
Currently there are no provisions in the City of Dubuque Code of Ordinances that
regulate exterior storage containers. The City Council recently adopted and
amendment to the Zoning Ordinance for the regulation of seasonal tents as a temporary
use area. The committee discussed applying these same criteria to the regulation of
exterior storage containers. However, this suggestion is not being recommended
because an appeal from a denial of a permit would go to the Zoning Board for review
versus the City Council. There is also a provision in the Zoning Ordinance that would
allow existing containers to be "grandfathered" in.
What use of exterior storage containers do other cities allow?
Because the use of exterior storage containers is a recent development with big box
retailers, few cities have regulations in place. Some cities, including Charlotte, North
Carolina; Abilene, Texas; and Coralville, Iowa; prohibit outdoor storage and the use of
these containers. However, Coralville does allow outdoor storage in Industrial Districts.
The cities of Windsor Heights, Iowa; Rochester, Minnesota; and Scarborough, Maine;
regulate storage containers as temporary structures through a permit process as
opposed to prohibiting them as nuisances.
What is the permit process in cities that allow storage containers?
As mentioned above, the City of Windsor Heights, Iowa regulates exterior storage
containers through a permit process. The containers are defined as temporary
structures and are permitted for 30 days with up to (2) 30-day extensions allowed. The
number of containers allowed is determined by a site plan submitted as part of the
permit process. Rochester, Minnesota permits exterior storage containers based upon
floor area of the principal structure and Scarborough, Massachusetts allows only one
exterior storage container on a site.
After reviewing this information, the committee then discussed what items we want to
consider in developing a local ordinance that would allow exterior storage containers.
Concerns regarding allowing these containers include use of containers to simply
replace construction or expansion of a principal structure, fire protection for containers
and contents, location of containers on the property in relationship to the principal
structure, screening of containers from public right of way, allowing containers in
commercial as opposed to industrial zoned areas, and enforcement of the ordinance.
The committee also acknowledged that when used on a limited basis, such as a
construction site trailer, these containers do provide a good temporary use as office
space. A typical construction office consists of one container.
Recommendation
Based upon this discussion, staff recommends prohibiting storage containers instead of
regulating them for the following reasons:
Lack of staff resources. Regulating storage containers requires adequate staff support
for the regulatory process - application, site plan review, permitting, renewal, etc.
Regulating storage containers also requires adequate staff support for enforcement-
periodic inspections to monitor whether semi-trailers and shipping containers are being
used as long-term storage facilities, are actively used for short-term storage or are
simply abandoned. The Building Services Department does not have the capacity to
take on either a regulatory role or an enforcement role for storage containers.
Homeland security concerns. Even if adequate staff resources were made available for
Building Services staff to regulate storage containers, homeland security concerns
would remain. For example, a business could place a storage container in the wrong
place, blocking fire and ambulance access. Or, an unexpected storage container could
be placed next to a high traffic area or next to other containers, creating a security risk.
Safety issues. Even with regulation, the conversion of semi-trailers and shipping
containers to storage facilities presents safety issues. They become de facto extensions
of the businesses, creating substantial storage space. These containers are designed to
serve as over-the-road transport, not as a storage building. For example, they lack fire
protection devices or firewall construction.
Bliqhtinq influence. Typically, the principal structure used by a business is kept in good
repair, presenting an attractive appearance to attract and retain customers. This same
level of upkeep is not typical of storage containers, which may have faded paint, rust,
missing or broken parts, or a deteriorated appearance. Even if regulated, these types of
containers can remain on a site for an extended period while the enforcement is
pursued, contributing to urban blight.
The committee further recommends that this ordinance take effect beginning July 1,
2005 to allow sufficient time for non-compliant businesses to become compliant. This
proposed ordinance would still allow use of these temporary structures on a limited
basis as a construction site trailer.
Action
The requested action is for City Council to adopt the attached ordinance prohibiting the
use of exterior storage containers.
Cc:
Barry Lindahl, Corporation Counsel
Laura Carstens, Planning Services Manager
Kyle Kritz, Associate Planner
Scott Neyens, Fire Marshall
Rich Russell, Building Services Manager