Article submitted by James Master, The Pilot News Managing Editor
MARSHALL COUNTY — During this week’s meeting of the Marshall County Commissioners, Plan Director Ty Adley presented ordinance 2022-06, a request to update the Marshall County Zoning Ordinance 6 010 A and Article 13 Shipping Containers.
“We went through and looked at several of our surrounding communities to establish what they are doing, and we came up with a list of, essentially, conditions tacked into the accessory structure portion of our zoning ordinance,” said Adley.
The change to the ordinance would state, according to the minutes of the Oct. 28, 2021, meeting of the Plan Commission, “allow 1 cargo container within A-1, C-1, C-2, I-1 and I-2 districts regardless of parcel size with the conditions that it would be maintained as the same color as adjacent structure, kept in good repair (ie. No rust, holes or worn paint, etc.) and a second container is permissible for lots greater than 5 acres. Containers are to only be used for cold storage.”
This wasn’t the first time that the commissioners addressed this ordinance. There was a public hearing on Nov. 15, 2021. At that commissioners meeting, 21-PC-15 was passed on the first reading and the commissioners included in their motion to have clarification provided on pre-existing containers, container homes and fire department training centers.
“As we continue to go through this, I’ve continued to learn more and more,” Adley said. He said that the fire department training center that’s located just outside of Plymouth is a joint training center which allows multiple fire departments from across the county access. Adley said that the Plan Commission wouldn’t see any issues with fire departments obtaining such a training facility. If necessary, the department might need to pursue a variance.
As far as pre-existing containers on a property, Adley stated that if the container meets the proposed conditions and other setbacks, the containers would be permissible. If the containers didn’t meet the necessary criteria, property owners could also pursue a variance.
“But, should something come to us, we’ll work with that individual to remedy the situation that they may be in because it’s going to be unique to that aspect,” he said.
If farmers desire to store their chemicals and other items and need multiple containers, Adley said that would require a variance. “That’s just going to, basically, relate down to where they’re going to want to put it and how many acres of property do they have.”
Container homes would have to be an engineered or designed structure. Adley said that it would have to meet Indiana Residential Code which falls under the Building Commissioner’s jurisdiction.
Since there was a public hearing during the first reading, a public hearing was not scheduled for Monday’s meeting.
The commissioners approved the ordinance on both second and third readings.
Later on, during the public comment section of the meeting, Robert Demis commented that he was surprised that public comments weren’t heard prior to the voting.
“The few issues that I find fault with in which you guys are trying to move forward with, is you want to just simply say that a storage container is viewed as an accessory structure. And I’m okay with that. But then you’re tacking on a bunch of restrictions and regulations that doesn’t usually apply to accessory structures,” Demis said. He went on to say that the shipping container on his property is located to close to the property line which he was cited for that. He stated that he was also cited for “just merely having the container.”
Demis stated that the original citation was issued two years, eight months, and 28 days ago. “I’m glad you like to talk about not violating anybody’s civil rights or constitutional rights, but I’ve been trying to get a variance hearing to get my container allowed, just to finally dispute through a variance hearing, whether I can keep it too close to the property line or not. And I’m still being denied a variance hearing.”
Commissioner Kevin Overmyer stated that Demis should be able to file for a variance because of what was passed earlier in the meeting. Commissioner Stan Klotz said that he would take Demis up to the Planning office after the meeting.
