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Council amends portable-toilet ordinance, sets 10-foot clearance from structures and parcel lines
Summary
Following debate about construction and event needs, the council amended the proposed portable-toilet ordinance to remove the blanket ban on front/side-yard placement and require at least 10 feet from parcel lines and from structures.
Utica’s common council on May 13 amended a proposed ordinance regulating portable toilets, striking a broad prohibition on placing units in front or side yards and adopting new minimum clearances to address construction, events and public-safety concerns.
Council members debated language that would have prohibited placement in front or side yards, potentially preventing portable toilets for events such as the Lions Club car show and for residential construction access. After deliberation the council approved a friendly amendment to remove the front/side yard ban and to set two numeric minimums: portable toilets must be at least 10 feet from any parcel line and at least 10 feet from any structure on the premises.
City staff and public safety officials raised operational concerns. Chief Wilsack and other staff noted that service trucks need access to service units, and that proximity to structures can present a fire risk; the council specifically referenced fire-code and NFPA/OSHA guidance during deliberations. Council also discussed making permits administrative and time-limited (discussion ranged from 30 days to multiple renewals for seasonal uses), and directed staff to implement practical permit renewal procedures rather than requiring repeated council action.
The final motion (as amended) passed unanimously. Council asked staff to return with implementation language for permit duration, administrative renewals, and any additional fire-code references for placement near structures. The ordinance as amended will require applicants to follow the 10-foot setbacks and the city’s permitting process; staff said construction uses (residential remodels, etc.) will be accommodated under the amendment but must meet the clearance rules and allow service access.
