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Discussion of issues relating to a request from Wal-Mart regarding use of external shipping containers.
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Summary:
The City's Zoning Ordinance prohibits the use of shipping containers for external storage in a commercial zoning district. Historically, the only exception to this rule is the Public Works Director on occasion has granted commercial businesses the ability to use one (1) shipping container for external storage during the Holiday Season. This generally entailed the unit arriving no earlier than mid-October and being removed by mid-January.
Through 2015, enforcement of this zoning restriction has been a low priority, to the benefit of Wal-Mart. During the 2015 Holiday Season Wal-Mart used as 30-40 shipping containers in support of its holiday layaway program. These were placed along the western and northern boundaries of their property. In early 2016, City staff informed Wal-Mart officials the shipping containers were not allowed by Code, the 30-40 containers used during the 2015 Holiday Season needed to be removed, and our zoning restrictions forbidding these shipping containers would enforced during the 2016 Holiday season. Wal-Mart officials then complied by removing the containers, and did not bring them back last fall.
Over the past year or so, Wal-Mart staff has made numerous inquiries regarding the future possibilities of allowing them to utilize external shipping containers for their storage needs. Several times they have questioned the definition of a "shipping container" and have questioned if the Zoning Ordinance as presently written allows for the use of shipping containers via a Specific Use Permit (SUP). Chief Building Official Larry Brotherton, City Attorney Jim Fox, and I on many occasions have informed Wal-Mart officials that our Zoning Ordinance presently contains no mechanism for Council to allow this is a commercial district, though shipping containers may be permitted via SUP in an industrial zoning distric...
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