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Clayton board asks staff to draft code changes on shipping containers after business owner appeal
Summary
After a presentation on temporary shipping containers and a tenant appeal, the Planning Board asked staff to draft potential UDO text amendments to permit regulated container storage in designated industrial zones with screening and safety requirements (for example NFPA 704 markings).
The Clayton Planning Board on June 22 directed staff to draft possible Unified Development Ordinance (UDO) amendments to clarify how on-site shipping containers and similar temporary storage can be used in town.
Planning Director Conrad Ome told the board code enforcement identified roughly 13 active occurrences of shipping containers and that the UDO currently treats containers as temporary structures typically allowed only for construction or short-term uses. Ome noted one recent notice-of-violation associated with a container installation that was upheld by the Board of Adjustment.
Richard Shacker, a tenant at 101 Bestwood Drive whose appeal of a notice-of-violation was previously heard by the Board of Adjustment, told the board he supports a narrowly tailored, enforceable path forward. Shacker asked the town to adopt a regulated approach (what staff characterized as "consideration two") that would permit containers for light-industrial outdoor storage if they meet building-code and safety standards. He said he was "willing and prepared to meet building codes and reasonable standards."
Several board members said they would not use the Planning Board to second-guess the Board of Adjustment’s quasi-judicial decision but were open to recommending code changes that create a clear, enforceable standard. Concerns raised included long-term visual impacts in residential areas, stacking containers, on-site electrification and the need for screening to protect neighbors.
Board member Randall Carter moved — and the board seconded — a request that staff (including the inspections director) prepare draft UDO language to allow regulated container storage in specified zones, for example Light Industrial (LI), with minimum standards such as screening and NFPA 704 hazard diamonds to identify hazardous contents. The board approved the motion on a voice vote. Staff will return proposed text to the Planning Board for review.
What happens next: Planning staff and inspections staff will develop draft code language and recommended standards and bring a proposed UDO text amendment back to the Planning Board and Town Council for formal consideration.
