ORDINANCE NO. 717
AN ORDINANCE REGULATING THE PLACEMENT OF STORAGE CONTAINERS AND
SHIPPING CONTAINERS UPON PUBLIC AND PRIVATE PROPERTY
IN THE TOWN OF DEL NORTE COLORADO
WHEREAS, the Town Administrator of the Town of Del Norte has received inquiries from Town citizens who have either placed storage/shipping containers on their property, desire to do so or desire to have such placement regulated;. and
WHEREAS, the placement of such containers can impact the setback requirements of other structures as described in Table 16-4B (Zoning Standards Chart) of the Del Norte Municipal Code; and
WHEREAS, the placement of accessory buildings and storage sheds, which are regulated by the Code, contain some similarities to the comparable usage of storage/shipping containers; and
WHEREAS, the Town Board of Trustees passed Ordinance 706 on October 10, 2018 -which imposed a six (6) month moratorium upon the further placement of such containers within the Town to allow the Town Board of Trustees time to study the effect of placement of such containers in the Town; and
WHEREAS, the Town Board has conducted a “walk-through” of a local business supplying such containers and has studied ordinances from other Colorado communities regulating such containers; and
WHEREAS, the Town Planning Commission conducted a public meeting to receive input from Town citizens on the subject of the placement of storage/shipping containers in the Town on March 21, 2019; and
WHEREAS, the Town Board of Trustees has recognized that certain regulations are necessary in order to protect the health, welfare, and safety of Town residents and businesses – while also recognizing that such regulations should be fair and reasonable to vendors supplying such containers compared to others supplying building supplies or structures utilized for the same or similar purposes.
NOW THEREFORE, be it hereby ordained by the Board of Trustees of the Town of Del Norte that Section 16-6-20
(Accessory Use and Structures) and Table 16-4A (Use Chart) of the Del Norte Municipal Code be amended by addition (and modification) as follows:
Sec. 16-6-40 Storage/Shipping Containers
Definition – Storage/Shipping container means a metal, fiberglass, or similar unit designed for transport or storage of household or business equipment, goods, machinery, or furnishings on either a temporary or permanent basis.
(a) Size – The maximum size of such unit shall not exceed eight feet, six inches (8’6″) in height, not more than eight feet (8′) in width, and not more than twenty feet (20′) in length. Any size exceeding such dimensions will be subject to a conditional use procedure as set forth in Article 8 of this Chapter. Not more than one (1) container will be allowed on each parcel of property, provided that parcels containing multiple lots may be considered for additional container(s) pursuant to the conditional use procedure.
(b) Placement of all storage/shipping containers will be subject to a permit issued by the Town Clerk and based upon a plot plan, submitted by the applicant, showing all principal and accessory structures upon the subject property and subject to the same setbacks and other requirements as accessory structures as set forth in Section 16-6- 20 of this Article and shall be placed on a suitable base.
(c) Placement of such container units in Planned Unit Development (PUD) areas will be subject to conditional use approvals as set forth in Section 16-8-10 et seq of the Del Norte Municipal Code.
(d) Such containers shall not be placed in the front yard setbacks of any industrial, commercial, or residentially zoned districts, except as a conditional use in accordance with the procedures set forth in Article 8 of this Chapter, which procedures shall likewise apply to any such container over 160 square feet in floor space.
(e) Shipping/Storage Containers shall be of colors compatible with the industrial, commercial, or residential zoned areas upon which they are placed and/or reasonably suitable fencing, screening, or siding will be utilized by the property owner. The Town Administrator will notify and receive input from nearby property owners prior to receiving a permit
(f) Temporary uses, such as construction sites, shall be considered by the Town Administrator on a case by case basis, prior to issuing or denying a permit, which may indicate a reasonable schedule of time duration for placement and removal of such containers based upon reasons for placement and compatibility with neighboring property. After the property owner has been issued a certificate of occupancy (C.O.), the container shall be removed as scheduled by the Town Administrator unless it conforms to all other requirements of this Article.
(g) Conformance to the standards and conditions established by the Town Administrator will be accomplished by the property owner within six (6) months of issuing the permit, or the absence of such permit will be considered cancelled. Such placement may require screening, specific time duration, and like factors regarding plot compatibility.
(h) No shipping/storage containers shall be placed on public streets or rights-of-way and, if so placed, shall be subject to immediate removal and impoundment by the Town.
(i) Existing containers which were placed prior to this Section and prior to any previous moratoria concerning such placements shall conform to the standards in this Section not later than one (1) year after the effective date of such moratorium.
Health and Safety Clause: The placement of storage/shipping containers in the Town of Del Norte is found to have a significant impact on public health, safety, and welfare due to the visual, aesthetic, and property values impact which may occur by inappropriate placement of such units in the Town and this ordinance shall therefore become effective upon passage by the Town Board of trustees.
Penalty-Any person who violates the provisions of this ordinance shall be subject to a fine not exceeding three hundred dollars ($300.00). Each day of continued violation shall be considered a separate offense.
Read in full, approved and adopted this 10th day of July, 2019.
/s/ Chris Trujillo, Mayor
/s/ Bernadette Martinez, Town Clerk