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Sample Legislation: Temporary Storage Units

Temporary Storage Units

Temporary (or portable) storage units are transportable units designed and used primarily for temporary storage of building materials, household goods, personal items and other materials for use on a limited basis on residential property. While these units are useful to property owners, municipalities are finding it necessary to regulate certain aspects, such as placement of these units (i.e., prohibit placement in a front yard; require placement on driveways). Other regulations address the maximum number of days that the unit can be parked, the frequency of use, the impact on required parking spaces, the condition of the unit itself and the types of materials that can be stored. Prior registration and the removal of units in the event of a tropical storm warning or hurricane watch can also be required.

Sample Ordiances:

Township of Lower, NJ: Ch. 617, Art. II
City of Belleair Bluffs FL: § 102-38
Borough of Fanwood, NJ: § 184-8; § 184-36
Township of Ridley, PA: Ch. 202, Article VI
City of Sunny Isles Beach, FL: Ord. 236-1

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Lower, NJ

Chapter 617

ARTICLE II
Trailer Regulations

[Adopted by Ord. No. 92-25 (Sec. 9-8 of the 1975 Code)]

§ 617-12. Definitions.

As used in this article, the following terms shall have the meanings indicated:

CONSTRUCTION TRAILER — A box car or mobile trailer used at a construction site where a residential or commercial building is being undertaken and utilized for storage, occupancy or warehousing purposes.

TOXIC OR HAZARDOUS MATERIALS — Any substance, solution or mixture which, because of its quality, quantity, concentration, physical, chemical or infectious characteristics, or any combination of the foregoing, presents or may present an actual or potential hazard to human health or to the drinking water supply if such substance, solution, mixture or combination thereof is discharged to the land or waters of the Township of Lower. Toxic or hazardous materials shall include:

A. Each and every substance, material or waste found listed in either or both of Parts 116 and 261, Title 40, of the Code of Federal Regulations, or the New Jersey Statutes or the New Jersey Administrative Code or the New Jersey Department of Environmental Protection rules and regulations.

B. Acids and alkalies beyond the pH range of 4 to 10.

C. Heavy metal sludges, mixtures and solutions in excess of standards.

D. Petroleum products, including fuels and waste oils.

E. Organic solvents, including petroleum solvents halogenated and nonhalogenated hydrocarbons.

F. Any material listed in the State of New Jersey regulations, in excess of the concentration standards thereof, unless otherwise provided elsewhere in this article.

G. Any substance not included within Subsections A through F above subsequently declared to be a toxic or hazardous material by the State of New Jersey.

H. Any solid or semisolid material which, if left to stand or if exposed to water, will leach out or wholly or partially dissolve, forming a toxic or hazardous material.

TRAILER — Any vehicle or structure so designed and constructed in such manner as will permit occupancy thereof as sleeping quarters for one or more persons or the conduct of any business or profession, occupation or trade or which is designed for transportation and/or storage of goods, equipment and/or materials, and so designed that it is or may be mounted on wheels and used as a conveyance on highways or streets, propelled or drawn by other motive power. This is specifically intended to include storage containers.

§ 617-13. Location of trailers.

No trailers shall be allowed to exist at any location within the Township of Lower except as set forth herein.

§ 617-14. Exceptions.

The following trailers are exempt from the requirements of this article:

A. Trailers located inside mobile home parks or trailer camps conducted, maintained and licensed in full and complete compliance with the Code of the Township of Lower and used for residential purposes.

B. Trailers which are in the process of being loaded or unloaded and which are registered with the New Jersey Division of Motor Vehicles or the equivalent agency of any other state and which are capable of traveling over a road or highway.

C. Recreational vehicles.

D. Trailers offered for sale or rent or awaiting servicing which are located on premises owned or leased by a person in the business of trailer sales, rental or servicing.

§ 617-15. Permitted temporary uses.

A trailer shall be permitted to be used temporarily in the following circumstances:

A. A trailer utilized for storage may be allowed upon a site wherein there is active construction of a nonresidential building, provided that prior Planning Board approval has been obtained and that such trailer shall be used only in connection with such construction and shall not remain upon the premises for longer than two weeks past the completion of said construction. In no event will any trailer used in connection with nonresidential development remain on said premises for more than two years from the date of initial construction.

B. A trailer utilized for storage shall be permitted to be used for a period of no longer than 30 days in connection with a commercial sale being undertaken by a commercial enterprise, provided that such trailer is located upon the premises of such commercial enterprise operating the sale. This provision, however, shall not be used by a single commercial enterprise more frequently than two times per calendar year, but not more than once in any ninety-day period with a maximum of one trailer per premises.

C. A trailer utilized for storage may be allowed upon a site wherein there is active construction of a residential development, provided that prior Township Planning Board approval has been obtained and that such trailer shall be used only in connection with such building and shall not remain upon the premises for longer than two weeks past the completion of the last residential unit. In no event will any trailer used in connection with a residential development remain on said premises for more than two years from the date of construction of the first residential unit.

D. A trailer or trailers may be allowed upon a premises as a sale and/or construction office when said trailer is part of the equipment of any person, persons, corporation or partnership that is in the business of constructing residential and nonresidential buildings, provided that the use of the trailer meets the requirements of the Chapter 400, Land Development, and the construction codes of the Township of Lower and that said trailer is not used for storing materials, and that prior Township Planning Board approval has been obtained.

E. A trailer may be allowed upon a business site wherein there is an emergency, defined as the loss or destruction of a building which would require the use of a trailer on the site for purposes of storage of goods, equipment, materials and/or sales. In an emergency wherein use of a trailer is requested, the Township Planning Board, upon application, shall determine whether approval is granted to use the trailer. This approval will be granted for a period of 90 days and is renewable at the discretion of the Township Planning Board for additional ninety-day periods.

F. A trailer may be allowed upon the premises of a one- or two-family residential dwelling for temporary residential occupancy in the event of a total or partial destruction of the residential dwelling. Under the aforementioned circumstances, the Township Code Enforcement Officer and the Township Bureau of Fire Safety, upon application by the affected resident, shall determine whether approval is granted to use the trailer. This approval will be granted for a period of 90 days and is renewable at the discretion of the Township Code Enforcement Officer and Township Bureau of Fire Safety for additional ninety-day periods.

G. Steel shipping containers. [Added 10-3-2005 by Ord. No. 2005-18]

(1) Steel shipping containers used for the purpose of storage shall be included in the definition of "trailer" set forth in § 617-12. The use of steel shipping containers is permitted for mercantile and industrial uses as defined in the Building Code of New Jersey within the GB-1 District, GB-II District, GB District, I District, MGB District, MD District, MD-1 District and MD-2 District; provided, however, that the following conditions are satisfied:

(a) A list of the types of goods and materials to be stored shall be provided to the Bureau of Fire Safety; a new list shall be provided to the Bureau of Fire Safety prior to a change in the type of goods or materials stored.

(b) The steel shipping container does not exceed 50 feet in length or 500 square feet per container.

(c) The steel shipping container shall be placed in the least conspicuous location available to minimize disturbance to any adjoining residential properties; the final location shall be determined by the Fire Safety Official, Planning Director and Construction Official at their sole and absolute discretion.

(d) Steel shipping containers shall not be located in a required parking space, within 15 feet of any building or adjoining property line or within the area of a front yard in accordance with all applicable zoning, building and fire safety ordinances and regulations.

(e) All other provisions and requirements of Chapter 617, Article II, are satisfied.

(2) In addition to the penalties set forth in § 617-20, a violation of any provision of this subsection thereunder by any person, persons, corporation or partnership shall result in revocation of the permit in accordance with § 432-17.

§ 617-16. Permits; fee.

A. Applications for the permitted use of a trailer may be obtained from the Township Code Enforcement Officer, and the application shall be submitted when completed by the party requesting use of a trailer on that form provided by the Township Code Enforcement Officer to the Township Code Enforcement Officer with a sketch showing the location of the trailer on the site and detailing the distance of trailers from other buildings, fire hydrants, Fire Department connections and/or utilities and side and rear yard setbacks. In the instance of construction trailers, the office of the Township Engineer shall approve the location of the trailer. Separate applications shall be submitted for each trailer requested to be used by the applicant. The Township Bureau of Fire Safety will approve or reject the request for a trailer within 48 hours of submission of a complete application and location sketch. If the application is approved by the Bureau of Fire Safety, the permit will be issued allowing for use of the trailer.

B. The fee for the application shall be $5 per trailer, payable to the Township of Lower, and the fee for the permit shall be $25 per trailer, payable to the Township Bureau of Fire Safety.

C. The permit fee for use of a steel shipping container shall be $100 per container, payable to the Township Bureau of Fire Safety. The permit shall be valid for a period of one year. The fee for the application shall be $5 per container, payable to the Township of Lower. [Added 10-3-2005 by Ord. No. 18]

§ 617-17. Storage of toxic or hazardous materials.

No trailer located within the Township shall contain toxic or hazardous materials as defined hereinabove.

§ 617-18. Inspections.

All trailers shall be inspected by the Township Bureau of Fire Safety on an intermittent basis to insure compliance.

§ 617-19. Enforcement.

A. Any trailer located within the Township of Lower without approval pursuant to this article shall be subject to the penalties as set forth below.

B. The Township Bureau of Fire Safety, the Code Enforcement Officer and the Township Police Department shall have jurisdiction to enforce the provisions of this article, and the Bureau of Fire Safety shall undertake all trailer inspections.

C. The use of any trailers shall comply with the provisions of this article within one year from the adoption of same.

§ 617-20. Violations and penalties.

Any person, persons, corporation or partnership which violates any provisions of this article shall be subject to a fine of not less than $500 nor more than $1,000 or imprisonment for a term of 90 days, or both, for each violation.

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Belleair Bluffs FL

 

§ 102-38. Temporary structures.

A. Construction offices, real estate offices and model homes for property, subdivision development and marketing.

(1) Construction offices, real estate offices and model homes may be allowed in any district for the purpose of developing and marketing the property or subdivision in which they are to be located. Application for a temporary permit shall be accompanied by a site plan and a specific statement of such facts as concern the application for temporary permit.

(2) Permits for such temporary uses and structures may be issued by the Planning Official and shall not be issued if the site plan indicates undesirable conditions in regard to traffic flow, sanitation, etc. Permits for such temporary uses and structures may be issued for a period not to exceed six months and may be extended one time for not more than three additional months, upon separate application therefor. No extension shall be granted unless application is made, in writing, prior to the expiration of any existing permit. All such temporary uses and structures shall be removed or discontinued within 10 days after the expiration of the permit allowing such temporary use or structure, provided that the same has not been properly renewed in accordance with the language of this code.

B. Contractors' offices and construction sheds. Contractors' offices and construction sheds may be permitted as a conditional use by the Planning Official and in accordance with the following conditions:

(1) Normal setbacks for the land use classification district shall apply.

(2) Said use shall be designed in such a fashion so as to create no traffic hazard.

(3) The contractor's office or construction shed shall be limited to use for construction of the project at the site of such construction.

C. Special event structures. [Added 11-15-1993 by Ord. No. 93-7]

(1) The City Commission may grant permission for the temporary use, with reasonable safeguards, of a tent, outdoor shelter or other enclosed and temporary structure for a special event or business promotional purpose if deemed by the City Commission to be in the general welfare for a period not exceeding seven days to occur not more than one time in any given 12 calendar months on any parcel of property in the city zoned for a commercial use under this chapter. The request for such permission shall be on such forms as are determined by the City Commission or provided by the City Clerk. An application fee of $25 shall accompany the form requesting such permission. Permission granted for such use does not in any way give the applicant a vested right for such use, and any substantial change in operation which adversely affects the general welfare, including the aesthetics of the city, is subject to an order of immediate discontinuance by the City Commission, or by the Mayor or the Mayor's designee. Such granted temporary use shall not become valid until and unless all conditions and safeguards imposed are entirely implemented by the applicant/property owner. Among the conditions and safeguards which may be imposed by the City Commission shall be included all of the following:

(a) A site plan clearly showing the circumstances of the temporary use.

(b) The parking requirements as shall be deemed necessary by the City Commission.

(c) Performance standards regarding noise, the presence of mechanical equipment, vibration, smoke, dust, dirt, odors, fumes, humidity, glare, heat, fire, radioactivity lighting and similar impacts arising from such temporary structure.

(d) Reasonable hours of operation.

(e) Such additional requirements and safeguards as are deemed necessary for the protection of the surrounding property and the protection of the general welfare of the city.

(2) All such temporary structures shall comply with the appropriate building code provisions and such other requirements as are imposed by the City Commission or the Building Official to ensure the safety of the public. Failure to obtain permission for placement of such temporary structure shall result in the issuance of an after-the-fact permit with a fee set at 10 times the amount of a permit issued prior to erection of such structure ($250). The cost of such after-the-fact permit may be assessed against the property on which such structure was located and the City Clerk shall be empowered to file a lien on such property for the purpose of collecting such after-the-fact fee, and the same may be foreclosed in accordance with law. Any temporary structures not removed at the end of the time for which permission has been granted shall be deemed to be illegal structures and may be removed by the city immediately, without notice, and the cost thereof, together with any penalty as provided herein, may be assessed against the property on which such temporary structure was located and may be filed as a lien against such property by the City Clerk. Such lien and the lien for the collection of an after-the-fact fee shall be superior in dignity to all of the liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.

D. Portable on-demand storage structures. [Added 11-15-1999 by Ord. No. 99-03]

(1) A portable on-demand storage structure may be utilized as a temporary structure within the city when in compliance with the standards of this subsection. Any use of such structures within the city not in compliance with this subsection shall be unlawful.

(2) The term "portable on-demand storage structures" shall be defined to be: any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building other than an accessory building or shed complying with all building codes and land use requirements.

(3) Length of time structures may be on property; extensions.

(a) A portable on-demand storage structure may be located as a temporary structure on property within the city for a period not exceeding 72 hours in duration from time of delivery to time of removal. No more than two portable on-demand storage structures may be located on a specific piece of property within the city at one time; such structures shall be individually limited to the duration time period established herein. Such temporary structure may not be located on a specific property more than two times in any given thirty-calendar-day period. Such temporary structure shall be located no closer than 10 feet to the property line unless placed on an existing impervious driveway. Such structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such temporary structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the temporary structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, the appropriate law enforcement officers may require the immediate removal of such temporary structure.

(b) In the event of fire, hurricane or natural disaster causing substantial damage to the structure, the property owner may apply to the city for permission to extend the time that a portable on-demand storage structure may be located as a temporary structure on the property. Application for such extended duration shall be made in writing and filed with the City Clerk's office and shall give sufficient information to determine whether such extended duration should be granted. The Mayor shall determine whether or not to grant such extended duration and the length of such extension. In the event of an adverse decision by the Mayor, the applicant may appeal such decision to the City Commission. In the event of such appeal, the decision of the City Commission shall be final.

(4) Any portable on-demand storage structure which is not removed at the end of the time for which it may lawfully remain in place, or immediately upon the direction of a law enforcement officer for removal of such temporary structure for safety reasons, may be removed by the city immediately, without notice, and the cost of such removal, together with the cost of administration of its removal, may be assessed against the property on which the temporary structure was located and may be filed as a lien against such property by the City Clerk. Such lien shall be superior in dignity to all other liens or encumbrances upon the property, including the lien of a mortgage, and shall be equal in dignity to the lien of ad valorem taxes.

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Fanwood, NJ

 

MOBILE STORAGE STRUCTURES — Any assembly of materials which is so designed, constructed or reconstructed to make it portable and capable of movement from one site to another, designed to be used without a permanent foundation, designed with the purpose of storing tangible property and not for occupancy by persons, and to have one dimension exceeding 10 feet. Mobile storage structures, as defined herein, are prohibited in the Borough, except such a structure shall not be deemed a mobile storage structure for purposes of this Chapter as specifically described hereafter: [Amended 4-11-2001 by Ord. No. 01-06R]

A. The loading, unloading and/or parking of any mobile storage structure commonly known as a truck trailer which is properly registered under the laws of any State as a motor vehicle, provided the parking, loading and/or unloading of said motor vehicle complies with all other provisions of New Jersey law and this Code.

B. The loading or unloading of mobile storage structures on industrial, commercial or residential sites so long as said activity does not exceed a 48 hour period of time.

C. The use of mobile storage structures in industrial or commercial zones for the disposal of waste materials by a contractor licensed for such disposal services.

D. The use of mobile storage structures at construction sites for storage and/or disposal of materials, provided that a permit is obtained from the Borough for use in excess of 48 hours, which use and placement shall be limited to a maximum of six months and provided that its placement satisfies all other provisions of this Code.

E. The use of mobile storage structures by the Borough, its agencies or subdivisions.

F. The use of mobile storage structures designed for human occupancy which are regulated under other provisions of this Code and/or New Jersey law.

G. The use of no more than two mobile storage structures in the General Commercial and Light Industrial Zones only so long as the Zoning Officer determines that the mobile storage structure(s) satisfies the following criteria:

(1) Does not exceed 40 feet in length, is not greater than 2,600 cubic feet in size, is not greater than eight feet in height from the bed of the structure, is not greater than 13 feet in height measured from the ground to the top of the structure, and is not greater than eight feet in width. At no time shall the top of any mobile storage structure exceed the height of the building behind which it is located;

(2) Whether the mobile storage structure(s) are permitted shall be determined by rear yard coverage limitations for accessory structures contained in this chapter;

(3) Mobile storage structures shall not be located in or impede the use of any parking area, loading area, aisle or driveway;

(4) Mobile storage structures shall not be located in the public right-of-way;

(5) Mobile storage structures shall only be located on private property and only in the rear yard of the principal structure on that property as defined in this chapter;

(6) Mobile storage structures shall not be in violation of any bulk variance requirement of this chapter;

(7) Mobile storage structures shall not be located in any residential zone;

(8) Mobile storage structures shall be properly buffered so they are screened from view from any adjacent public way or residential use; and

(9) No materials classified as high hazard by the New Jersey Uniform Construction Code may be stored in any mobile storage structure.

FEES:

Mobile storage structure permit: $100 per permit per year. A permit shall be obtained for each mobile storage structure by application to the Zoning Officer who shall issue such permit if the mobile storage structure satisfies the requirements of this chapter, recognizing it is the intent of the Borough to prohibit all mobile storage structures, except as otherwise set forth in the definition of "mobile storage structures" in § 184-8. The fee shall be paid annually at the time an application is submitted. Should a mobile storage structure be replaced by another such structure during the year for which a permit fee has already been paid, no additional fee shall be exacted. Upon the permit's expiration, the mobile storage structure shall be removed unless a new permit is issued at least 30 days prior to the existing permit's expiration. No new permit shall be issued for more than one additional year. [Amended 4-11-2001 by Ord. No. 01-06R]

Mobile storage structures at construction sites. A permit is required for use in excess of 48 hours of each mobile storage structure at a construction site, at a charge of $50, which use and placement shall be limited to a maximum period of six months. The permit may be extended for up to a maximum of three additional six-month extensions. [Added 4-11-2001 by Ord. No. 01-06R]

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Ridley, PA

Chapter 202
Parking, Off-Street

Article VI
Portable Home Storage Units

[Adopted 7-27-2005 by Ord. No. 1885]

§ 202-21. Definitions.

PORTABLE HOME STORAGE UNIT – Portable sheds (hereinafter referred to as “PODS”) that are loaded with materials and placed on a residential property for the purpose of storing materials.

§ 202-22. Permit required; application; insurance; fee.

Before placing a PODS unit on his or her property, a person must submit an application and receive a permit from the Township. An insurance certificate providing liability insurance in the amount of $100,000 provided by the company supplying the POD must accompany the application. There is a fee of $25 for a thirty-day permit. Applications can be required from the Code office.

§ 202-23. Duration.

Permits will be granted for a period of 30 days. At the expiration of the thirty-day period, applicants may seek to extend their permits for an additional 30 days by seeking an extension for cause from the Township Manager. Extension of a permit will cost $25 for each 30 days granted.

§ 202-24. Location.

PODS units are prohibited from being placed in streets or the front yard of a property. PODS units must be kept in the driveway of the property at the furthest accessible point from the street. All locations must be paved off-street surfaces. The applicant must obtain preapproval of the location by the Township Code Enforcement Officer in the following situations:

A. If the property does not have a driveway.

B. If the location of the unit in the driveway is in the front yard of the property.

C. If the property is a corner lot.

§ 202-25. Number of units.

Only one PODS unit may be placed at any residential property at one time.

§ 202-26. Violations and penalties.

Any person who shall place a PODS unit in violation of this article shall, upon conviction before a District Justice, be sentenced to pay a fine not exceeding $1,000, together with the costs of prosecution, an upon default in the payment thereof be sentenced to undergo imprisonment for a period not exceeding 30 days.

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Sunny Isles Beach, FL

 

[Adopted 10-11-2005 by Ord. No. 2005-236]

Section 1. Purpose and Intent.

The following regulation has been adopted to insure that placement of Temporary Storage Units, commonly known as PODs, to comply with the health, safety and aesthetics objectives of the City. This Ordinance regulates the placement of Temporary Storage Units in order to promote the health and safety of the residents of the City and to preserve the aesthetic value of its residential neighborhoods.

Section 2. Definitions.

The following definitions shall apply under this Ordinance.

A. Applicant shall mean the person that owns, rents, occupies, or controls the property and registers the Temporary Storage Unit with the City’s Code Enforcement and Licensing Department.

B. Building Department is the City’s Zoning, Planning and Building Department.

C. Code Enforcement and Licensing Department is the City of Sunny Isles Beach Code Enforcement and Licensing Department.

D. Supplier shall mean the company or vendor which vendor that supplies the Temporary Storage Unit to the residential property.

E. Temporary Storage Unit shall mean a transportable unit designed and used primarily for temporary storage of building materials (before they are utilized for building purposes), household goods, and other such materials for use on a limited basis on residential property. Such unit shall not be considered an accessory structure as provided in Chapter 265 of the Code of the City of Sunny Isles Beach.

Section 3. Requirements for Registration of Temporary Storage Units.

A. Prior to or within 24 hours following the initial delivery of the Temporary Storage Unit, the Applicant or the Supplier shall register the placement of the Temporary Storage Unit with the Code Enforcement and Licensing Department.

B. The registration shall be obtained from the Code Enforcement and Licensing Department by:

1) Completing the Code Enforcement and Licensing Department’s application;

2) Presenting an active Building Department building permit for that property if the Temporary Storage Unit is to be used for the storage of building materials;

3) Payment of a $10 nonrefundable registration fee; and

4) The Code Enforcement and Licensing Department’s written approval of the application.

C. The application shall contain the name of the Applicant to whom the temporary storage unit is supplied, whether the person owns, rents, occupies, or controls the property, the address at which the Temporary Storage Unit will be placed, the delivery date, removal date, active building permit number, if applicable, and a sketch depicting the location and the placement of the Temporary Storage Unit.

D. The effective date of the registration shall be the date of the Code Enforcement and Licensing Department’s approval.

Section 4. Requirements for Placement of Temporary Storage Units.

The following requirements shall apply to the placement of Temporary Storage Units in the residential zones:

A. It shall be unlawful for any person or entity to place or permit the placement of Temporary Storage Units on property located within a Single Family/Low Density Residential (R-1) Zoning District or Moderate Density Townhouse/Low Medium Density (R-TH) Zoning District without registering the Temporary Storage Unit with the Department as provided above.

B. Temporary Storage Units shall only be placed the property owner’s driveway or a parking area or, if access exists at the side or rear of the site, the side or rear yard. The required parking space(s) shall at all times be maintained if temporary storage units are placed in parking areas.

C. The Temporary Storage Unit shall be located at such address for a maximum of fourteen (14) consecutive days, including the days of delivery and removal. An extension may be granted to the Applicant by the Code Enforcement and Licensing Department, subject to conditions, for a reasonable additional time period in an amount not to exceed thirty (30) days.

D. Each residential property is limited to a maximum of four (4) registrations per calendar year, and a minimum of fifteen (15) days shall elapse between the end of one (1) registration period and the beginning of another.

E. In the event of a tropical storm warning or hurricane watch issued by the National Weather Service, the Applicant or Supplier shall immediately remove, or cause to be removed, the Temporary Storage Unit after a warning or watch has been issued. In order to protect the health, safety and welfare of its citizens and the property located within the City in such event, the City Manager, or designee, may, by providing at least twenty-four (24) hours notice, issue a warning to the Applicant to remove the Temporary Storage Unit. If Applicant fails to remove the Temporary Storage Unit within the twenty-four hour period, the City, at its option, may enter into the residential property and remove the Temporary Storage Unit. The Supplier and the Applicant shall be jointly and severably be liable for all costs incurred by the City for the removal of the Temporary Storage Unit under these circumstances. This right shall create a duty by the City to enter the property and remove the Temporary Storage Unit.

F. The Applicant, as well as the Supplier, shall be responsible for ensuring that the Temporary Storage Unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing or other holes or breaks, at all times.

G. No Temporary Storage Unit shall be used to store solid waste, construction debris, demolition debris, recyclable materials, business inventory, commercial goods, goods for property other that at the residential property where the Temporary Storage Unit is located (i.e. used for retail sales) or any other illegal or hazardous material. Upon reasonable notice to the Applicant, the City of Sunny Isles may inspect the contents of any Temporary Storage Unit at any reasonable time to ensure that it is not being used to store said materials. At no time shall temporary storage unit may be used for any of these purposes.

Section 5. Placement of Temporary Storage Units in other Zoning Districts.

Temporary Storage Units shall only be placed on property located any within a Single Family/Low Density Residential (R-1) or Zoning District Moderate Density Townhouse/Low Medium Density (R-TH) Zoning District.

Section 6. Enforcement and Penalties.

The provisions of this Ordinance shall be enforced in accordance with Chapter 14 of the Code of the City of Sunny Isles Beach. The Code Enforcement and Licensing Department shall be responsible for the enforcing of the provisions of this Ordinance. Any person or entity found to be in violation of any section of this Ordinance shall be subjected to a $250.00 fine per occurrence.

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