Chapter 18.88
SHIPPING CONTAINERS
Sections:
18.88.030 Shipping containers as storage facilities or empty structures.
18.88.060 Emergency placement of shipping containers – Citywide.
18.88.070 Existing violations – Resolution time frame.
18.88.080 Conflicts with existing code sections.
18.88.090 Shipping containers used as permanent structures.
18.88.010 Purpose.
This chapter is intended to:
A. Establish regulations to limit the use of storage containers to avoid unsightly conditions and degradation of community character.
B. Reduce or eliminate the presence of shipping containers within residential subdivisions and view from the public right-of-way.
C. Allow for temporary and/or ongoing use of shipping containers Citywide, subject to certain design, screening, and placement requirements. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.020 Applicability.
Shipping containers located on any property within the City of Ferndale shall comply with the regulations set forth in this chapter. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.030 Shipping containers as storage facilities or empty structures.
A. Shipping containers as defined in FMC 18.08.1565 are permitted within all zones, pursuant to the regulations set forth below.
B. All containers shall:
1. Be used as a storage facility, or placed as an empty structure, appurtenant to the primary use; such primary use being situated in an enclosed adjoining building;
2. Be placed on concrete, asphalt, or level, compacted, hard surface at all times;
3. Be painted so as to blend in with the buildings to which they are associated;
4. Not be visible to the motoring public or from residential neighborhoods adjacent to the property where located unless other measures are employed to mitigate the visual impacts of such containers;
5. Repealed by Ord. 2165;
6. Abide by all setback requirements applicable to the zone in which they are located;
7. Be placed only after a permit has first been issued by the Building Official;
8. The shipping container must comply with the site and building design regulations identified in the underlying zone including use of materials, screening, and landscaping; and
9. On a case-by-case basis, the Zoning Administrator may allow for flexibility in site and building design regulations if the underlying design regulations in a zone conflict with the shipping container regulations.
C. Only one shipping container may be permitted per site in the City Center, urban residential, general business, mixed use commercial and the regional retail zone, and may only be permitted as an accessory to a primary use.
D. Shipping containers in the light industrial, manufacturing and public institutional zones have no maximum limit and shall be stacked a maximum of three containers high, subject to subsection (B) of this section. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016; Ord. 1400 § 2, 2006. Formerly 18.88.010)
18.88.040 Exceptions for temporary placement of shipping containers in single-family dwelling zones (RS 6, 8 and 10).
A temporary permit for the placement of one shipping container per residential lot may be issued once in a calendar year, temporarily, for a maximum of 90 consecutive days within single-family dwelling zones (RS 6, 8 and 10) only, for the purposes of temporarily storing or shipping personal property in association with moving or property improvement.
A. Temporary shipping containers must be placed on the designated driveway of a residential lot;
B. Temporary shipping containers may not be placed within the public right-of-way, and may not be placed in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon;
C. Temporary shipping containers shall be at least three feet away from the residential structure, and shall allow for at least five feet of clear access on one side or the other between the structure and the property line. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.050 Exceptions for placement of shipping containers on construction sites in conjunction with an active building permit.
A temporary permit for the placement of shipping container(s) may be issued in conjunction with an active building permit for a construction site in all zones.
A. The temporary permit will be valid for a period of one calendar year from the date of issuance, or until the building permit expires or is finaled, but may be extended for an additional 180 days subject to Building Official’s determination;
B. Temporary containers must be removed before the expiration or final of the associated active building permit;
C. Temporary shipping containers may not be placed within the public right-of-way, and may not be placed in such a manner as to obstruct or impair the free and full use of the sidewalk or street by the public, or obstruct the view of pedestrians or users of vehicles thereon or interfere with the wires, poles or fixtures lawfully maintained thereon;
D. All temporary shipping containers must be placed on the construction site associated with the active building permit;
E. All temporary shipping containers must be placed a minimum of five feet away from all adjacent property lines and public rights-of-way;
F. Temporary shipping containers may not be stacked;
G. Temporary shipping containers must be secured at nighttime and maintained in good condition. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.060 Emergency placement of shipping containers – Citywide.
In the event of a natural hazard, accident, or other emergency or disaster, as defined in FMC 2.07.010, within City limits, a temporary permit for the placement of shipping container(s) may be issued by the City subject to the Community Development Director’s discretion. The temporary permit will be valid for a period of one calendar year from the date of issuance, but may be extended for an additional 180 days subject to Building Official’s determination. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.070 Existing violations – Resolution time frame.
All property owners within the City, who are currently in violation of the regulations set forth in this chapter, shall have 120 calendar days from the effective date of the ordinance codified in this chapter to bring their properties into full compliance with the regulations set forth in this chapter. After this time period, violations of this chapter shall be enforced in conjunction with this section and Chapter 1.12 FMC. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.080 Conflicts with existing code sections.
In the occasion a conflict exists between the regulations of this chapter and other code or ordinance sections of the Ferndale Municipal Code, the terms and provisions of this chapter shall take precedence. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.090 Shipping containers used as permanent structures.
Nothing in this chapter shall prevent the use of a shipping container or a similar container from being utilized as a permanent structure; provided, that such structure complies with all applicable International and Uniform Codes, City regulations, and City design or development standards, as applicable. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.100 Enforcement person.
Any law enforcement officer, the City Administrator and the City’s Community Development Director or their designee(s) (“enforcement person”) is authorized to enforce this chapter and issue notices, citations, or take abatement procedures, as provided herein. Such enforcement action or actions may be taken by the enforcement persons mentioned herein upon observation of the acts or things declared to be a nuisance or upon citizen complaints of the occurrence of such acts or things declared to be a nuisance. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)
18.88.110 Enforcement.
Enforcement procedures and penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC. (Ord. 2165 § 1 (Att. 1), 2021; Ord. 1937 § 2 (Exh. 2), 2016)