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7.2 Non-Climitazed Storage CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04-25-11 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: 7 NO: BY: Development Services FINAL APPROVAL: ITEM NO:2 BY: Gary Hobbie BY: Page 1 ITEM: Ordinance No. 11-10602 An ordinance adding Sections 8-12.0.5 and 8-12.1.1 to the Salina Code amending Sections 202 and 312.1 of the International Building Code and amending Salina Code Section 14-46 amending Section 202 of the 2006 International Fire Code pertaining to non-climatized storage. BACKGROUND: In an ongoing commitment by City staff to remain proactive to our community’s ever changing dynamics, we bring for your cons ideration, a new definition for “N on-climatized Storage Structures” (previously known as “cold storage”). The basis for the new definition is that several uses and recently constructed structures do not clearly meet all the requirements of an S-1, S-2 or U Occupancy Group as contained in the International Building and International Fire Code. It is our desire to define and crea te a separate occupancy classification for a storage unit or building used for the storage of items in which there is no heating, cooling, or plumbing services, and where no repair work will be performed. These storage units would include only electrical outlets, switches, and lights to provide for entry and retrieval or deposit of items within the storage unit itself. Activities such as airing of tires and chargi ng of batteries would be allowed on vehicles stored within the structure or storage unit. No parts may be removed or exchanged on the premises or in the structure or storage unit. The Planning Division is also initiating a minor text amendment to Chapter 42 Zoning Ordinance which will be compatible with building and fire code definitions. The zoning definitions will be more specific with regard to the zoning regulati ons and will include specific language for the actual uses in each proposed zoning district. The following language will be included in the zoning ordinance definition for Non-climatized Storage under a separate ordinance in order to keep language consistent within all City codes: “Non-climatized Storage” use is the storage of vehicles, goods and personal belongings which only necessitate the presence of persons on the premises to load and off-load goods and materials on an intermittent basis and other uses limited to the personal activities of the tenant or owner. A building or space that is identified as a non-climatized use cannot be used as a location to operate a business that would have employees working at the location, and/or that would offer a service that would require the public to come to the location, and/or would offer good for sale to the public from the locati on, or any other business that would require human occupancy of the building. Therefore we would propose the following code amendment: New Definition to be added to the International Building Code (IBC), Section 202, Definitions: Non-climatized Storage – A structure where the storage of vehicles, goods and personal belongings which only necessitates the presence of persons on the premises exclusively for the purposes of loading and off-loading of goods and materials on an intermittent basis. CITY OF SALINA REQUEST FOR CITY COMMISSION ACTION DATE TIME 04-25-11 4:00 P.M. AGENDA SECTION ORIGINATING DEPARTMENT: FISCAL APPROVAL: 7 NO: BY: Development Services FINAL APPROVAL: ITEM NO:2 BY: Gary Hobbie BY: Page 2 New Occupancy Classi fication type to be ad ded to the International Building Code (IBC), Section 312.1, Utility and Miscellaneous Group U, General: Non-climatized Storage New Definition to be added to the International Fire Code (IFC), Section 202, Definitions: Non-climatized Storage – A structure where the storage of vehicles, goods and personal belongings which only necessitates the presence of persons on the premises exclusively for the purposes of loading and off-loading of goods and materials on an intermittent basis. New Occupancy Classification type to be added to the Inte rnational Fire Code (IFC), Section 202, Miscellaneous Group U, General Non-Climatized Storage FISCAL NOTE: There will be no impact on the budget for Development Services or the Fire Department from this code language amendment. CONFORMANCE WITH STRATEGIC PLAN: GOAL #1: The City will create a community of mixed use, Quality Development and Redevelopment. GOAL #3: The City will provide the Highest Quality of Services, Consistent with Governing Body Direction, Available Resources and Staff Commitment to Quality. BUILDING ADVISORY BOARD RECOMMENDATION: The Building Advisory Board considered this c ode amendment request during their April 12, 2011 meeting, and they voted to recommend approval of this code amendment. (see Exhibit A, excerpt of BAB minutes from April 12 meeting) COMMISSION ACTION: Staff proposes the following options for the City Commissions’ consideration: 1. Approve Ordinance No. 11-10602 amending Sections 202 and 312.1 of the International Building Code and Section 202 of the Inte rnational Fire Code by adding the definition and occupancy use/type for ‘Non-climatized Storage’. 2. Approve Ordinance No. 11-10602 with any additions, deletions or modifications the Commission deems appropriate. 3. Decline to amend the International Building Code and International Fire Code at this time. City staff recommends Option #1. Enclosures: Excerpt of 4-12-11 BAB minutes Ordinance No. 11-10602 Enclosure, Ordinance No. 11-10602 April 25, 2011 Excerpt from Building Advisory Board minutes of the April 12, 2011 meeting. These minutes are in draft format and will be presented for approval by the board at the May meeting. (B) Non-climatized Storage, Code Amendment Gary Hobbie presented the staff report for this agenda item, which consisted of a change in code language relating to a specific type of storage building. (see staff report) Dean Andrew also explained the correlating code changes to Chapter 42 (Zoning code) which have been recommended for approval by the Planning Commission. Questions/Comments: Kenny Hancock asked for clarification about the language regarding work that could be done on a vehicle that is being stored in a storage building facility. The staff report says “airing of tires and charging of batteries within the storage unit”. He said he thinks there should be more flexibility in that language that would allow for more things that could be done on vehicles, like pulling a seat out to take to an upholstery shop. He said that people often store vehicles that do not have engines in them and are in the process of restoring the vehicle so they might need to take out portions of the vehicle to take into upholstery shops or body shops to be worked on. Kenny asked if the language could just be the same in the building and fire code as it is in the zoning code. Gary Hobbie – said that we are just trying to keep it simple and that the staff report references “airing of tires and charging of batteries” was just an example of the type of activity that would be allowed. The actual code language being proposed will not state specific activities, but will simply state “ a structure where the storage of vehicles, good and personal belongings which only necessitates the presence of persons on the premises exclusively for the purposes of loading and off-loading of good and materials on an intermittent basis”. Gary explained that the zoning code language has more details about zoning requirements, so it wouldn’t be appropriate to have identical language in zoning, fire and building codes. Dean also explained that some examples of “non-climatized” storage would include storage facilities that do not have any sewer or water services, like the W. State Street buildings that are owned by Lonnie Wilson. Gary Hobbie said that if there is sewer and water, then the type of buildings would be classified as S1 or S2 and not as “non-climatized” storage. S1 and S2 buildings will typically require designated parking, ADA accessibility and restrooms. Motion: Mike Prester moved to approve Option #2, which reads: “recommend adoption of the proposed code amendments as presented and request staff to draft the necessary code amendment language to present to the City Commission, which will add a new Second: Carlin Zuker (no further discussion) Vote: 9-1 motion carries (Vernie Stillings opposed)