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Spencer County approves new rules for shipping-container storage after months of debate

3111241 · February 3, 2025
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Summary

The Spencer County Fiscal Court adopted an amendment to zoning rules allowing limited use of shipping and storage containers in agricultural zones, setting size, placement and appearance limits and permitting conditional temporary use elsewhere.

Spencer County Fiscal Court on Feb. 3 adopted an amendment to the county's zoning regulations that sets new limits on the use of shipping and portable metal storage containers in agricultural and other zones.

The ordinance, presented as proposed Ordinance No. 17 and described during a second reading, changes Article 8, Section 807 of the county zoning code to allow containers on farm parcels under specific acreage-based limits, require consistent coloring and remove logos, and permit temporary, conditional use in other zones for limited periods.

Court members said the changes respond to a recent rise in visible, multi-colored containers and public concerns about appearance and placement. Resident Julie Sweezy, who said she has lived in the county for more than 50 years, showed photos and urged limits on placement visible from the road and uniform color and removal of company labels. "If we allow multiple source containers to go in different places, I highly recommend that they not be visible from the street to the public," Sweezy said. "At least take the time to paint them so that they're matching so that you don't have a rainbow colors like in those photographs." (Julie Sweezy, Resident.)

Under the adopted language, agricultural parcels of 10'20 acres may host up to two containers; 21'50 acres up to four; and 51 or more acres up to six. Containers must meet the same setbacks as agricultural accessory structures, be placed to the rear of the primary residence (or at least 50 feet from the right of way for tracts with no residence) and be a consistent color on all sides with no signage or advertising. For non-agricultural zoning districts, the ordinance permits containers by conditional use for temporary storage (examples cited: new construction or fire restoration) for up to 120 days with the possibility of one 60-day extension determined by the Board of Adjustments.

Court members debated several amendments during the meeting. An amendment to allow Board of Adjustments consideration for AG-2 (smaller agricultural parcels) passed; a later amendment to limit containers on smaller tracts to 20-foot lengths failed on a voice vote. Supporters characterized the final ordinance as a compromise that allows agricultural uses while giving neighbors and the Board of Adjustments a role when special circumstances arise.

The ordinance was approved by voice vote after the amendments were adopted. The county's planning and zoning staff reviewed the draft language and compared nearby communities' approaches before bringing it to the Fiscal Court.

Court members said they expect to monitor implementation and return to the regulations if unforeseen problems arise.