HomeMy WebLinkAboutV.B Portable Storage Containers
Memorandum
TO: Planning and Community Development Committee
FROM: Planning, Building & Community Department
RE: Portable storage containers
DATE: February 9, 2009
Background
At its May 12, 2008 meeting, the Planning and Community Development Committee (PCDC)
reviewed information regarding the use of portable storage containers, including Personal on
Demand Storage (PODS) containers. The PCDC was shown how various nearby cities are dealing
with the use of these containers. Staff was directed to draft a memo outlining options for revisions
to the Auburn City Code (ACC).
At its June 23, 2008 meeting, the Planning and Community Development Committee (PCDC)
reviewed proposed definitions and possible Auburn City Code revisions regarding storage
containers. PCDC and staff discussed briefly how other jurisdictions are regulating storage
container placement. Staff explained that the Auburn City Code does not address the use of any
type of storage container, but noted that there is an existing Building Department policy, #04-02,
regulating the placement of shipping/cargo containers through a building permit.
Staff highlighted code revision options including a temporary use permit provision, primarily for use
during construction, which could be allowed in all zoning districts, and permanent placement with a
building permit could be allowed in several zoning districts where the impact is minimal.
Councilmember Wagner asked that “PODS”-type containers not be included in temporary use
permits for construction purposes, as the intent of “PODS” use is for moving. PCDC had concerns
regarding the placement location of storage containers for temporary use as well as to regulation of
use on property used by institutions such as schools and governmental facilities. PCDC voiced the
need for further discussion.
At its October 27, 2008 meeting, staff recommended three options for discussion:
Amend Building Policy #4-02 to include portable storagecontainers. Add provision for
placement for limited duration without permit.
Address portable storagecontainers placement only by amending Auburn City Code
Chapter18.46, adding section under 18.46.060, “Administrative temporary use permits”; add
definition for portable storagecontainers. Coordinate with code amendment effort underway.
Address both portable storagecontainers and cargo/shipping container placement by
amending various chapters of the Auburn City Code as presented in draft form to the Planning
and Community Development Committee at the June 23, 2008 PCDC meeting, with further
revisions. Coordinate with code amendment effort underway.
PCDC did not wish to pursue amending the Auburn City Code for either cargo containers or
portable storagecontainers at this time, expressing interest in amending building policy #04-02.
PCDC members provided input after reviewing the draft amended building policy language as
presented by staff.
In the absence of PCDC Chair Norman, Mayor Pro Tem Singer commented that the suggested
seven (7) days for the placement of a portable on demand storage container seemed short,
considering that the process of moving a household can take longer. Staff was asked to contact a
company that leases this type of container to obtain an “average” lease time for portable storage
containers. Councilmember Wagner asked for the addition of language to state “no placement
allowed in right-of-way.”
Staff also explained that as the building policy originated from the Building Division, that it would be
appropriate to solicit input from the Building Division, Code Enforcement and Permit Center to
review the amended policy.
Discussion
Timeframes provided by one company for leasing of portable storagecontainers were
found to be just less than two (2) months, a combination of onsite placement and use in a
storage center.
Staff solicited input from City of Auburn Code Enforcement Officers, Building Official,
Assistant Planning Director and Permits & Administration Manager for amending the
existing Building Policy #4-02. One suggestion was to issue an over-the-counter, no-fee
permit for placement of portable storagecontainers for a specified timeframe.
There was discussion about fairness in enforcement. One scenario is if Code Enforcement
is called to check on an existing container versus a customer who asks for a permit to place
a container. One solution is to require a copy of the lease agreement for permit issuance.
The customer with an existing container on site would be allowed a specified time (72 hours
was suggested) to remove the container from the site if the container has existed on site
beyond the placement timeframe allowed.
A “typical” portable storage containers is under 120 square feet in size, exempt from
building permit by size, but other codes and ordinances are still applicable as noted under
ACC15.07.050 Permits
Title 15, Buildings and Construction, :
B. Work Exempt from Permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of this jurisdiction.
Permits shall not be required for the following:
Building:
1. One-story detached accessory structures used as tool and storage sheds, tree-
supported play structures, playhouse and similar uses, provided the floor area does not
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exceed 120 square feet (11.15 m);
ACC18.04.890
In Title 18, Zoning, provides the definition for a structure:
“Structure” is that which is built or constructed, an edifice or building of any kind, or any
piece of work artificially built up or composed of parts joined together in some definite
manner, except benches, statuary, planter boxes less than 42 inches in height, and
fences 72 inches or under in height, or paved areas.
If staff is directed by the Planning Director to interpret portable storage containers as
structures, then the applicable codes and ordinances apply.
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Code Enforcement asked about the enforceability of a policy versus an ordinance adopted
into code. Staff was directed to discuss with legal.
Legal’s summary of the issue:
A policy on an item not directly addressed in the code could be enforceable in part
o
based on the application of general provisions of existing supporting ordinances in
code. New policy language about portable storage containers could be based on an
interpretation of existing code definitions, such as interpreting the portable storage
containers as structures. Existing building policy #04-02 was based on the definition
of shipping/cargo containers as structures. Such a policy can address new
situations, but staff’s authority to tailor the policy to the situation is limited.
Changing the code is best when dealing with items that stretch across code
o
boundaries requiring too much interpretation by staff for consistency and
enforceability.
Staff Recommendation
1) Implement amended building policy as interim step in addressing use of portable
storage containers for temporary storage.
2) Considering input from Legal and the current code amendment progress and phasing,
coordinate with code amendment effort underway. Address both portable on demand
storage container and cargo/shipping container placement by amending various
chapters of the Auburn City Code including Temporary Uses and Definitions.
Attachments:
Draft amended Building Policy
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Policy #: XX-XX
Supercedes: #04-02
To: Auburn Planning, Building, and Community Staff
RE: Metal storage containers and portable storagecontainers
Policy: Pre-manufactured metal storage containers that are not entirely supported by licensed
vehicles will be considered to be structures for the purposes of permitting, review and
inspections. Such containers must meet all applicable land use and construction codes.
Non-altered containers, which are placed a maximum of one unit vertically, will be required to
be restrained against wind and earthquake forces without the need for structural review other
than those lateral forces. This requirement does not apply to portable storage-type containers
used for the purpose of temporary storage during moving of a household and are located on
residential property for no more than XX days. Placement must be entirely on private property
with no placement allowed in the right-of-way. A no-fee permit is required and is issued as an
over-the-counter permit.
Rationale: A market has been created over the last several years in which sea-going type storage
containers are being either rented, leased or sold for the purposes of being used for storage
upon real property.
When these structures are supported either directly or indirectly on the ground without being
affixed to a licensed motor vehicle they create nearly identical fire and life safety, surface
water and land use impacts as do storage units of conventional construction.
Pre-manufactured storage containers, commonly called portable storagecontainers are being
either rented or leased for the purpose of being used for temporary storage for moving
purposes upon real property. The intent is for use and placement of a very limited duration.
____________
Building Official
City of Auburn