(A) Permit required. Issuance of an administrative use permit ("AUP") and payment of a processing fee is required prior to installation and use of a cargo container in the city.
(B) Residentially zoned properties. Cargo containers on residentially zoned properties shall comply with the following:
(1) Where and when allowed.
(a)
Permanent use. Cargo containers used for permanent storage shall only be permitted in the RS-GR, RS-54 and RS-54M residential zoning districts with a minimum lot size of 1.25 gross acres. Cargo container(s) shall be located to the side or rear of the principal residential structure, and shall be set back from a neighboring property line in accordance with the zoning district's minimum accessory building setbacks identified in Vol. II, § 1-5-2, Table 5-2. (b) Temporary use. Cargo container(s) used for temporary storage of equipment and materials during general construction shall be permitted in any residential zoning district 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. The temporary cargo container shall be removed within 12 months of AUP issuance.
(c) Emergency use. Cargo container(s) used as an emergency accommodation shall be allowed in conjunction with required and properly permitted home repairs as a result of damage caused by flood, fire, wind, or termites. The temporary cargo container shall be removed within 12 months of AUP issuance.
(2) Use restriction. Cargo containers shall only be used for personal storage purposes, not for business storage or as a home occupation workshop.
(3) Maximum number and size. One container up to 40-feet in length shall be allowed.
(4) Utility connections. Cargo containers for permanent storage shall be allowed an electrical connection if properly permitted.
(5) Color and landscape screening.
(a) Cargo containers used for permanent storage shall be uniformly painted with an earth tone color and free from surface rust and advertising signage. If the property owner wishes to custom paint the container with a color scheme different than the required uniform earth tone color, the property owner shall first receive approval from the Development Services Director or his/her designee.
EARTH TONE shall be defined 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.
(b) If the container is publicly visible to adjacent neighboring properties and/or from the public street, the property owner shall install landscape screening to buffer that visible view, with a minimal initial planting height of 2 feet, and a minimum plant spacing distance of 4 feet. A planting list and guide is available at the Department of Development Services.
(6) Structural screening. 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.
(C) Non-residentially zoned property. Cargo containers on non-residentially zoned properties shall comply with the following:
(1) Where allowed. Cargo containers may be permitted in all business, industrial and public/institutional zoning districts. The location shall have a legally established commercial, industrial, or public/institutional use on the property.
(2) Minimum lot size. None.
(3) Maximum number and size. No restriction.
(4)
Minimum setbacks and site location. Minimum side, rear and front setbacks for cargo containers shall be subject to accessory building setback requirements identified in Vol. II, § 1-5-4, Table 5-4. (a) Cargo containers shall not be located within off-street parking areas, utility/drainage/roadway easements, landscape setback, fire lane, or within a location as to compromise emergency, pedestrian, or customer egress and ingress circulation as determined by the Director or designee.
(b) Cargo containers shall be located to the rear or side of the principal building in a manner that minimizes public view from neighboring properties and/or the public street as determined by the Director or designee.
(5) Use. Cargo containers shall only be used for storage of materials for the primary business, or 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.
(6) Utility connections. Cargo containers for permanent storage shall be allowed an electrical connection if properly permitted.
(a) Cargo containers shall be uniformly painted with an earth tone color and be free from surface rust and advertising signage.
(b) If the cargo container is publicly visible to adjacent neighboring properties and/or from the public street, the property owner shall apply for a building permit to install and maintain a minimum 8-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.
(D) Exemptions. The only cargo containers that are completely exempt from the provisions of this Chapter are the 3 containers 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.
(Ord. 1402, passed 5-6-2014)
