Chapter 18.49
CARGO CONTAINERS
Sections:
18.49.020 Submittal requirements.
18.49.040 Legal nonconforming containers.
18.49.050 Mitigation of legal nonconforming containers.
18.49.010 Applicability.
The purpose of this chapter is to clearly delineate the criteria used by the city of Entiat to establish minimum standards for the placement of cargo containers as temporary storage facilities in conjunction with construction periods or 30-day placement for commercial, industrial, or agricultural shipping purposes in those zones where those predominant uses are allowed by the city’s use chart while protecting residential neighborhoods and valuable view sheds. (Ord. 789 § 1 (Exh. A), 2018; Ord. 773 § 1 (Exh. A), 2017)
18.49.015 Definition.
For the purpose of this chapter, “cargo containers” shall be defined as follows:
“Cargo containers” or “shipping containers” or “semi-trailers” are containers that are used in shipping by either way of water, roadway, or rail. (Ord. 789 § 1 (Exh. A), 2018; Ord. 773 § 1 (Exh. A), 2017)
18.49.020 Submittal requirements.
Prior to the placement of a cargo container within the city, advance notice shall be provided to the city. Adequate notification to the city for temporary use of cargo containers for construction activities of up to six months shall contain the following information:
(1) A site plan to a standard scale, showing:
(a) The location and dimensions of the container(s) and the building to which it is appurtenant.
(b) The access to the building and the containers.
(c) Any proposed sight-obscuring fencing or vegetation.
(2) A statement of what will be stored, especially hazardous or flammable materials, in the container(s). (Ord. 789 § 1 (Exh. A), 2018; Ord. 773 § 1 (Exh. A), 2017)
18.49.030 Minimum conditions.
Where the use of cargo containers as temporary storage facilities for construction purposes is allowed, the following minimum conditions shall be met:
(1) The cargo containers shall be used as an appurtenance to the primary use.
(2) The cargo containers shall be placed on a level surface of concrete, asphalt, or gravel, where reasonably possible.
(3) The cargo containers shall not be stacked.
(4) Cargo containers shall be placed outside of the city road rights-of-way and not within the applicable setbacks of the underlying zone. (Ord. 789 § 1 (Exh. A), 2018; Ord. 773 § 1 (Exh. A), 2017)
18.49.040 Legal nonconforming containers.
Cargo containers that have been legally located on a site (without an issued building permit) prior to the date of the ordinance codified in this chapter shall be a legal nonconforming use. In addition to the provisions for nonconforming uses in Chapter 18.60 EMC, cargo containers shall lose legal nonconforming status under the following circumstances:
(1) If a pre-existing legal nonconforming cargo container is relocated, whether on the same parcel or elsewhere, unless in the interest of mitigation (EMC 18.49.050).
(2) If a pre-existing legal nonconforming cargo container is replaced.
(3) If a pre-existing nonconforming cargo container remains on the parcel, it must meet mitigation standards by December 31, 2019. (Ord. 789 § 1 (Exh. A), 2018; Ord. 773 § 1 (Exh. A), 2017)
18.49.050 Mitigation of legal nonconforming containers.
A voluntary correction agreement can be made with the city to allow continued use of a pre-existing legal nonconforming cargo container(s). If the agreement is to be approved, the legal nonconforming cargo container must meet or exceed the mitigation standards outlined in this section.
(1) Legal nonconforming cargo containers shall not be stacked and shall not have any objects or materials placed on top.
(2) Legal nonconforming cargo containers must be modified to reflect the character of the lot. In all zoning districts, these modifications must include a uniform color that matches the surrounding landscape or primary building in addition to the removal of axles and wheels and other similar features so that the container may be placed on a level surface.
(3) Legal nonconforming cargo containers must be placed directly next to the primary building of the lot as to allow the primary building to obscure the view of the container(s) from the adjacent public view. If, due to lot restrictions or health and safety reasons, it is impossible to place the legal nonconforming cargo container(s) next to and obscured by the primary building of the lot, it shall be screened from view by use of a sight-obscuring fence, either constructed around the container(s) or the entire lot. Existing fencing used for mitigation must be at least six feet in height. New fencing for mitigation shall be eight feet in height. (Ord. 789 § 1 (Exh. A), 2018)