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Riverton City Council had the first reading of Ordinance No. 19-010 amending Chapter 17.20 Accessory Uses, Section 17.20.030 Accessory building, at their regular meeting last night. The modifications to Chapter 17.20 “include specific allowances and conditions for shipping containers to be allowed within residential and commercial office “C-O” zoning districts.” The full ordinance and amendment (in bold) can be found below.
During the public comment period last night, two Riverton residents shared similar concerns for the devaluation of residential property with shipping containers on them and its neighboring properties.
Councilmembers also raised concerns about the storage of combustible vs flammable liquids and gasses in the shipping containers. As well as concern about containers needing a foundation so they do not sink into the ground.
A motion was made by Councilmember Bailey to amend line ‘C’, subsection ‘b’ to remove the verbiage “and ten (10) feet from the side and back property line(s).” That motion passed.
With a vote of 5-2, the first reading also passed. It will be going in front of the Council again on October 1st, 2019 for the second reading.
“Any ordinance requires a public hearing and three readings to pass,” said Riverton City Administrator Tony Tolstedt.
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The information below was provided by Riverton City Council:
Recommendation: The City Council adopt on first reading Ordinance No. 19-010 amending Chapter 17.20 Accessory Uses, Section 17.20.030 Accessory building and use.
Background:
The use of shipping containers as permanent storage units in residential zones is not adequately addressed in the Riverton Municipal Code (RMC). Chapter 17.08.010 of the RMC defines a shipping container as follows:
“Shipping container” means a metal fabricated reusable box designed for shipping merchandise by rail, truck, or vessel. The RMC contains no other references to shipping containers past this definition. Upon further research, substantive changes were made to Chapter 17 in 2007 with Ordinance 07-011; which contained verbiage regarding the use of shipping containers within residential and commercial office zoning districts. However, in an effort to move the lion’s share of the ordinance forward, the verbiage was stricken, with the expectation of revisiting it at a later date; which never happened.
Substantial discussion on the subject also took place in early 2019 when Ordinance 19-001 was presented to the City Council. Ordinance 19-001 also contained verbiage regarding the use of shipping containers within residential zoning; however, after additional information regarding procedural voting requirements in Wyoming statute, its passage in February of 2019 cannot be upheld.
Discussion:
Following discussion from the August 20th regular council meeting and in light of Ordinance 19-001 not being upheld, Ordinance 19-010 is being brought before you with modifications to Chapter 17.20 to include specific allowances and conditions for shipping containers to be allowed within residential and commercial office “C-O” zoning districts.
Alternatives: 1. Do not adopt the ordinance recommendation; 2. Revise the ordinance presented.
Budget Impact: Beyond publication costs, the proposed ordinance will not impact the budget.
ENROLLED ORDINANCE NO. 19-010
AN ORDINANCE AMENDING TITLE 17 “ZONING” TO REVISE CHAPTER 17.20 “ACCESSORY USES”, SECTION 17.20.030 “ACCESSORY BUILDING AND USE.” OF THE RIVERTON MUNICIPAL CODE, AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF RIVERTON, FREMONT COUNTY, WYOMING:
Section 1. Section 17.20.030 of the Municipal Code for the City of Riverton, Wyoming is hereby amended to read as follows:
17.20.030 Accessory building and use.
An accessory building and use is a subordinate use of a building, or other structure, or tract of land or subordinate building or other structure:
A. Which is clearly incidental to the sue of the principal building, other structure or use of land; and
B. Which is customary in connection with the principal building, other structure or use of land. (Ord. 07-011 § 1, 2007; prior code Appx. B § 46(3))
C. Shipping containers located in all residential and commercial office “C-O” zoned districts shall be allowed as an accessory structure, subject to the following requirements:
- a. Storage of combustible liquids or gasses within shipping containers is prohibited.
- b. Shipping containers shall be located above ground and no less than fifty (50) feet from the front property line, and ten (10) feet from the side and back property line(s).
- c. Placement of a shipping container within an easement or right-of-way is prohibited.
- d. Exceptions: Shipping containers intended for portable moving containers placed on private property for no more than thirty (30) days in any twelve (12) month period shall not be regulated by this chapter.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict.
Section 3. This ordinance shall take effect from its adoption and publication as required by law and the ordinances of the City of Riverton.
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