Kosciusko County Area Plan Commission

NOTICE OF PUBLIC HEARING
Notice is hereby given, that the Kosciusko County Area Plan Commission shall hold a public hearing to discuss the amendment, revision, and addition of the following sections of the Kosciusko County Zoning Ordinance;
Zoning Ordinance:
3.5 Accessory Uses/Structures:
3.5.3 Cargo Containers
Cargo Containers, permanent or temporary, shall not be placed on any public streets/roads, street/road right of ways, alleys, street parking spaces, off street parking spaces, public parking places, vehicular access lanes, fire lanes, pedestrian walkways, common areas, landscape areas or located within any drainage easements, retention/detention area, utility easements or access easements.
3.5.3.1 All required permits shall be obtained prior to the placement of any cargo container whether rented, leased, or purchased.
3.5.3.2 Cargo Containers, not placed for any purpose noted under section 3.5.3.3 "Temporary
Containers" shall be considered permanent.
1. Cargo containers shall be allowed within Industrial1, 2, 3, Commercial, Public Use, and Agricultural districts and shall meet the district requirements as noted under the Kosciusko County Zoning Ordinance including but not limited to setbacks and district requirements.
2. Cargo containers shall be subject to the requirements of the Kosciusko County Flood Control
Ordinance and Stormwater and Erosion Control Ordinance when applicable.
3. Cargo containers shall be placed on a solid level surface including but not limited to concrete slabs, asphalt pavement, or hard packed aggregate.
4. Persons wishing to use cargo containers in conjunction with other structures by means of
attachment shall do so in such a way that the container matches and is consistent with the existing structure.
3.5.3.3 Temporary Containers- Temporary Placement of Cargo Containers, referred to as temporary containers below, shall be permitted as noted below,
1. Temporary containers may be used for relocation to or from a property in a residential zone
without meeting the required setbacks for a period not to exceed 15 days under the following condition: The container must be for the storage of household materials, including but not limited to furniture, appliances, household electronics, clothing, and other items of personal property.
2. Temporary containers may be used in conjunction to a permitted construction project in any district and may remain on the property for the length that there is a valid open Improvement Location Permit. Any container placed under this section shall be removed from the property immediately upon completion of the project. Said container location shall be shown on the submitted site plan for the project.
3. Temporary containers may be permitted temporarily on a parcel for storage in any zoning district for emergency storage of household materials when a structure becomes uninhabitable due to fire, flood, earthquake, vandalism, or other such act against the structure. Said container shall remain no more than 6 (six) months from the date of the loss.
4. No temporary container shall be placed as to create a traffic issue. Any container found to be creating a traffic or safety concern will be required to be relocated or removed within 72 hours to an agreed upon location.
5. No container may obstruct a pedestrian way in such a manner which forces pedestrian traffic onto a vehicular way.
3.5.3.4 Cargo containers, regardless ofthe intended use, shall be secured at all times from entry by children and the general public when not attended.
3.5.3.5 Cargo containers shall not be stacked except in Industrial Zoned Districts and shall not be stacked more than 2 containers high in such district.
3.5.3.6 Cargo containers shall not be used for storage of refuse, garbage, trash and debris and such items shall not at any time be placed or stored against, around, on, or under a cargo container. Permanent containers that are altered specifically for the purpose of alternative use other than storage (office or residential) shall no longer be considered cargo containers.
3.5.3.7 Any container permanent or temporary to be placed in a flood zone shall require a Flood
Development Permit
3.5.3.8 Any container placed shall comply with all other local, state, and federal regulations.
Definitions:
Accessory Use: A use customarily incidental and subordinate to the principal use, in a style of construction compatible with the construction of the improvements constituting the principal use and located on the same lot as the principal use.
Cargo container: A prefabricated metal structure designed for use as an individual shipping container in accordance with international standards for overseas shipping, designed to be mounted on a rail car as freight, or designed as an enclosed truck trailer. This shall include but not be limited to an intermodal container, shipping container, freight container, cargo vessel, sea or ocean container, ISO container, sea van, conex box, container van, sea -land containers, or POD.
Railroad box cars, truck vans, converted mobile homes, travel trailers, recreational vehicles, bus bodies,
vehicles, semi-trailers and similar prefabricated items and structures originally built for purposes other than the storage of goods and materials are not permitted as an accessory structure for storage. Cargo container does not include a freight trailer or van box that, when attached is supported at its forward end by the fifth wheel device of the truck tractor and the rear of the trailer contains axles or the assembly for axles and wheels.
Said amendment, revision, and addition to the Kosciusko County Zoning Ordinance shall, if adopted, apply to those unincorporated areas of Kosciusko County as well as those participating municipalities within the County including the Town of Syracuse, Town ofMilford, Town ofNorth Webster, Town ofEtna Green, Town of Pierceton, Town ofBurket, Town of Claypool, Town ofLeesburg, and the Town of Silver Lake. Copies of the proposed amendments can be found on the Kosciusko County Area Plan Commission website at
www. kcgov.com or in the Area Plan Commission Offices.
This Hearing will be held in the Commissioners meeting room on the 3rd floor of the Kosciusko County Courthouse at 100 W. Center St., Warsaw, Indiana, on Wednesday the 1st day of May 2024 at 1:00 P.M. All interested persons are invited to attend and be heard. Written comments will be considered if they are received in the Office if the Kosciusko County Area Plan Commission, Warsaw, Indiana, no later than 12:00 Noon on the day of the hearing. Copies of the proposals are available upon request in the Kosciusko County Area Plan Commission Office.
Kosciusko County Area Plan Commission
Matthew M Sandy, Director
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