(1) It is the purpose and intent of this section to amend the strict prohibition set forth in Ordinance 630 relating to cargo containers by allowing cargo containers through issuance of an administrative permit process which strikes a balance between such use and aesthetics.
(2) Because of what appears to be a number of illegally placed and illegally used cargo containers since the 1988 passage of Ordinance 630, it is the Mayor and Council’s desire to allow individuals the ability to use cargo containers provided they meet the mandates set forth in this section.
(B) Definition. For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
CARGO CONTAINER, (also known as CARGO POD, SHIPPING CONTAINER, MOBILE-MINI, STORAGE CONTAINER). A portable, reusable and prefabricated vessel no larger than 9 feet tall, 10 feet wide, and 40 feet long, without an axle or wheels, which was: 1) originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods, or commodities; and/or 2) designed for or capable of being mounted or moved on a rail car or being mounted on a chassis or bogie for movement by truck trailer or loaded on a ship. This definition does not include, and therefore does not allow, a semi- truck trailer in any form (intact, dissected, with or without wheels), railroad car (with or without wheels), mobile or manufactured home, park model, recreational vehicle, or bus, to be used as a CARGO CONTAINER.
(C) Cargo containers placed on residential properties. A single 40-foot long cargo container, or two 20-foot long cargo containers, may be placed on residential property designated General Rural (“GR”) or Single- Family Residential or Single-Family Manufactured Home (“R1-43" or “R1-43MH”) with minimum lot sizes of 1.25 gross acres, subject to the following restrictions:
(1) They are used as an emergency accommodation, for no more than 60 calendar days, in conjunction with required home repairs as a result of damage caused by flood, fire, wind, or termites. Should such repair period extend beyond 60 calendar days, the homeowner may apply for a 30-calendar day extension.
(2) They are used for temporary storage of equipment and materials during general construction provided such activity is authorized by a valid building permit issued to a duly licensed and bonded contractor who has obtained a city privilege license or a property owner acting as an owner or owner/builder of a single-family residence.
(3) They are used for permanent storage as long as they are located to the side or rear of the principal residential structure when physically and practically possible, and must be set back from a neighboring property line in accordance with the zoning district’s minimum accessory building setback. Containers shall not be located between the principal residential structure and the public street.
(4) They are not connected with utilities.
(5) Permanent cargo containers shall be uniformly painted with an earth tone color and free from surface rust and advertising signage. If the container is publicly visible to adjacent neighboring properties and/or from the public street, the unit user shall install and maintain landscaping that will, within 5 years of planting, effectively screen at least 75% of the container from public view. A suggested plant list and planting guide is available at the Department of Development Services.
(6) A building permit may be required if the property owner chooses to install structural screening around the container and/or apply building materials to the container, including awnings. Additionally, if the property owner wishes to custom paint the container with a color scheme different than the required uniform earth tone color, the unit user shall first receive approval from the Development Services Director or his/her designee. EARTH TONE shall be de fined as a color scheme that draws from a color palette of browns, tans, and greens natural to the Sonoran Desert environment. The colors in an earth tone scheme are muted and flat in an emulation of the natural colors found in dirt, moss or trees, and rocks.
(D) Cargo containers placed on commercial, industrial, public and quasi-public properties. Any number of cargo containers may be placed on commercial, industrial, public and quasi-public properties, subject to the following restrictions:
(1) They are not located in or on a setback, off-street parking space, utility/drainage/roadway easement, landscape setback, open space, fire lane, or otherwise are not placed in such a location as to compromise emergency, pedestrian, or customer egress and ingress circulation.
(2) They are used for storage of materials for the primary business.
(3) They are used for temporary storage of equipment and materials during general construction provided such activity is authorized by a valid building permit issued to a duly licensed and bonded contractor who has obtained a city privilege license or a property owner acting as an owner or owner/builder of a single family residence.
(4) There is already a legally established primary commercial, industrial, or public and quasi-public use on the property.
(5) They are not connected with utilities.
(6) Permanent cargo containers shall be uniformly painted with an earth tone color as defined in this section and free from surface rust and advertising signage. If the cargo container is publicly visible to adjacent neighboring properties and/or from the public street, the unit user shall apply for approval from the Department of Development Services to install and maintain a minimum 9-foot high structural screening that is compatible with the design and architecture of the principal building. Visual examples of acceptable structural screening devices (such as a masonry wall or completely opaque wooden fence) are available at the Department of Development Services.
(7) Permanent cargo containers shall be located to the rear or side of the principal building so that their presence is minimized from public view and from neighboring properties. The unit user shall obtain approval from the Development Services Director or his/her designee to properly locate the container.
(E) Administrative permit required.
(1) Placement and use of all cargo containers in the city must be approved by the Development Services Director or his or her designee upon review of an administrative permit application, site plan, exterior building elevations and receipt of a nonrefundable $100 processing fee .
(2) The Development Services Director or his or her designee shall notify the applicant of his or her decision to deny or grant the permit with any noted conditions within 10 business days from the date of the applicant’s submittal.
(F) Appeal, enforcement and abatement. Any aggrieved applicant shall have the right to appeal the Development Services Director’s denial or conditional approval to the City Manager or his or her appointed designee thereof (hereinafter the”Appellate Hearing Officer”) within 10 business days after receiving written notice of a denial/conditional approval. Appeal requests shall be limited only to the application of the criteria under which the Director has discretion, including: type and/or size of container(s), set-up, location on property, purpose of container, establishment of a primary use on property, color selection, screening criteria, plant selection and additional permits required. The required minimum lot size of 1.25 acres for residential property placements is not an issue the Director has discretion to act upon and therefore failure to meet this standard lot size requirement as required by the Council is not appealable. Failure to appeal to the City Manager or appointed designee waives all administrative rights and remedies. The Appellate Hearing Officer must hold a hearing within 10 business days and shall decide such matter and notify the applicant of such decision within 10 business days thereafter. This decision shall be final and binding, subject only to the judicial appeal process pursuant to A.R.S. § 12-901 et seq. Furthermore, if the applicant fails to comply with the conditions of the permit and/or those set by the Appellate Hearing Officer and maintains, uses or stores a cargo container in violation of such conditions and/or in violation of this section, the applicant is subject to the property maintenance standards civil and criminal penalties and abatement provisions under Vol. I, §
9-1-4.
(G) No superseding actions. Nothing in this section supersedes any other restrictions or requirements that may exist in present or future leases, rental agreements, development agreements, and planned development stipulations or special/ conditional use permit stipulations. In addition, this section shall not be construed to authorize any cargo container that was illegally placed, maintained, stored or used before the effective date of this section.
(1) The only cargo containers that are completely exempt from the provisions of this sectionare the 3 located at 936 W. Apache Trail, 57 E. 20th Avenue, and 2296 S. Cactus Road. These 3 cargo containers were originally exempted by Ordinance 630 and are in the same locations and condition as originally placed. Should they be replaced or removed, they lose their exempt status and all of the provisions of this section shall apply.
(2) The screening and permitting provisions of this section do not apply to those cargo containers used on residential properties in an emergency situation, as described in division (C)(1), within the initial 60-calendar day or 30-calendar day extension periods, or to those used for temporary storage during general construction as described in divisions (C)(2) and (3).
(I) Building permit applicability. The building permit exemption provisions under Vol. I, § 7-1-2 Uniform Administrative Code (1997 Edition), Section 301.2.1(1) Building Permits, apply to cargo containers with square footage up to the maximum square feet for the cargo container dimensions set forth in division (B) of this section. However, a building permit shall be required if any such units are structurally combined with or affixed to a regulated building structure as determined by the Building Official. (Ord. 1302, passed 2-19-2008; Am. Ord. 1365, passed 9-7-2010)
