Wilson Ordinance Regulating Storage Containers

(First Published in the Ellsworth County Independent/
Reporter, July 26, 2018)

ORDINANCE NO. 847

AN ORDINANCE OF THE CITY OF WILSON, KANSAS; PROVIDING FOR REGULATIONS ON THE USE
OF STORAGE CONTAINERS WITHIN THE CITY.

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WILSON, ELLSWORTH COUNTY, KANSAS.
Section 1.  STORAGE CONTAINER.  A Storage Container as referred to in this Ordinance shall be a reusable steel intermodal container commonly used for the storage and movement of materials and products in a global containerized freight transport system.  “Intermodal” indicates that the container can be moved from one mode of transport to another.  Storage Containers shall also include rail box cars, truck trailers or vehicular transport truck box enclosures which were manufactured as part of a transport vehicle.   
Section 2. TEMPORARY USE.  Storage Containers are allowed to be used within the City for temporary use such as relocation of home or business, remodeling or temporary storage of goods, equipment, or personal possessions, subject to the following restrictions:
    1. The maximum number of containers per parcel shall be two. A parcel shall be determined by the division of property units by the Ellsworth County, Kansas Appraiser.
    2. Storage containers are allowed for a maximum period of 30 days.  Time extensions of up to an additional 30 days may be approved by the City Council.  City Council may approve an extension of an additional 30 days per request to City Council.
    3. No storage containers can be placed on the traveled portion of a roadway or upon any sidewalk.
    4. Storage containers may not be stored in a manner that impedes access to public right-of-ways, public utility or drainage easements, adjacent structures and buildings.
    5. No storage container can be placed in such a way that it blocks visibility for motorists, or otherwise presents a safety hazard in the judgment of the Board of Health or Wilson Police Chief.
Section 3. PERMANENT USE. Storage containers are allowed to be used within the City for permanent use as accessory structures subject to the following restrictions:
    1. The use of storage containers as permanent accessory structures requires the issuance of a building permit.
    2. The maximum number of containers per parcel shall be two.  A parcel shall be determined by the division of property units by the Ellsworth County, Kansas Appraiser.
    3. No storage container shall be placed on a lot which does not contain a principal structure, unless such lot is adjacent to and under the same ownership as a lot with a principal structure.  This requirement may be waived by filing a Notice of Appeal and receiving approval from the City Council.
    4. All signage on the storage container shall be removed and the storage container shall be maintained in good condition and painted a color complementary to the primary structure.  Storage containers shall be painted within 30 days of placement on the property.
    5. Storage containers shall not be stacked on top of each other and shall be safe, structurally sound, stable, in good repair, and in compliance with any other City requirements, including building ordinances.
    6. Storage containers shall be setback a minimum of 5 feet from property lines.  
    7. Adequate means for fire and emergency vehicle access to storage containers shall be provided.
     8. Storage containers may not be stored in a manner that impedes access to public right-of-ways, public utility or drainage easements, adjacent structures and buildings.
    9. No storage container can be placed in such a way that it blocks visibility for motorists, or otherwise presents a safety hazard in the judgment of the Board of Health or Wilson Police Chief.
Section 4. STORAGE CONTAINERS IN USE. All storage containers in existence at the time of adoption of this ordinance which do not conform to the requirements set for herein shall meet the above stated requirements within 90 days of the adoption of this ordinance.
Section 5.  VIOLATION. Failure of the property owner to abide by this ordinance shall be constitute a violation that is punishable by a fine of up to $25 per day, for which the container is allowed to be located on the property.
Section 6.  EFFECTIVE DATE. This Ordinance shall take effect and be in full force from and after its publication in the Ellsworth Co. Independent/Reporter, the official City newspaper for the City of Wilson, Kansas.  
Passed by the council and approved by the Mayor of this 16th day of July, 2018.

LARRY PTACEK, Mayor

ATTEST:

SUSAN KRILEY, City Clerk

1t 7/26

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