NEWTON TOWNSHIP BOARD OF TRUSTEES ZONING TEXT AMENDMENT-PUBLIC HEARING MONDAY, MARCH 23, 2026 at 6:30 P.M.

The original draft of the proposed zoning amendment is presented first that was presented for public hearing on February 23, 2026 is presented first.

AS RECOMMENDED BY THE NEWTON TOWNSHIP ZONING COMMISSION TO THE NEWTON TOWNSHIP BOARD OF TRUSTEES 02-03-2026 SUBMITTED FOR PUBLIC HEARING BEFORE THE BOARD OF TRUSTEES ON 02-23-2026 at 6:30 p.m. Susan D. Montgomery, Newton Township Fiscal Officer

ZC 2025-12-01 (as amended)

13.17 PORTABLE STORAGE UNITS

Shipping or cargo containers, trailers, truck compartments, railroad cars, campers, recreational vehicles, and any similar units are not permitted to be used as a permanent building, accessory building, storage shed or any other outbuilding in any Zoning District except as permitted below. A permit shall be required for placement of units that meet the standards.

A) Construction Site. Portable Storage Units may be used to store equipment, supplies and materials in conjunction with active construction work taking place on the Property in any District during the period such construction work is actively in progress, not to exceed six months. If construction work has halted for a period greater than four (4) consecutive weeks all Portable Storage Units shall be removed.

B) Moving. Portable Storage Units may be used temporarily, for a period not to exceed fourteen (14) days, when the occupant of the Property on which the portable storage unit is located is relocating.

C) Accessory Use in an Industrial District. Up to four Portable Storage Units may be permitted as an Accessory Use in an Industrial District for the storage of personal property and materials used by the business on the same Property. Such Portable Storage Units must be screened from view. The Portable Storage Units must meet all set back requirements set forth in the township zoning regulations.

D) In addition to the preceding requirements, Portable Storage Units must comply with the following:

1) Residential Districts: Portable Storage Units in any Residential District Shall not exceed 170 square feet in size (total Floor Area) and 8 feet in height. Any Portable Storage Unit in a Residential or Commercial District must be painted and without rust.

2) Portable Storage Units on Commercial and Industrial Districts may be no more than 360 square feet in total floor area and 9 ½ feet in height.

3) Only one (1) Portable Storage Unit may be placed on any Property in a Residential District for Moving or Construction purposes. Only three (3) Portable Storage Units may be placed on a Commercial or Industrial Property for Moving or Construction Purposes.

4) No Portable Storage Unit shall be located in a public Right-of-Way or in a way which obstructs visibility of a road or drive.

NEWTON TOWNSHIP BOARD OF TRUSTEES ZONING TEXT AMENDMENT-PUBLIC HEARING MONDAY, MARCH 23, 2026 at 6:30 P.M.

5) Portable Storage Units shall be located no closer to an adjacent property than twenty (20) feet, or the required minimum side or Rear Yard Setback for Buildings in the district in which the unit is located, whichever is greater.

6) Portable Storage Units may be located only on a Finished Driveway or Parking Area (except if being used for Construction Purposes and no finished driveway or parking area is available).

7) Portable Storage Units shall only be used for the storage of personal property, and for no other purpose whatsoever.

Following is the proposed text revision to ZC 2025-12-01 (as amended) as shown above to be considered as an amendment to the Newton Township Zoning Resolution. The Board of Trustees will review the following revisions and hold a public hearing scheduled for March 23, 2026 at 6:30 p.m. on the proposed amendment. The Board will adopt, amend, or deny the zoning amendment as presented at this time.

13.17 SHIPPING/CARGO CONTAINERS - TEMPORARY AND PERMANENT ACCESSORY STRUCTURES

13.17.1 DEFINITIONS:

A. SHIPPING/CARGO CONTAINERS: These containers are known under a number of names, such as simply, container, cargo or freight container, ISO container, shipping, sea or ocean container, container van. A shipping/cargo container is a large, standardized container, designed and built for intermodal freight transport, meaning these containers can be used across different modes of transport - from ship to rail to truck – without unloading and reloading their cargo. Shipping/cargo containers are primarily used to store and transport materials and products efficiently and securely in the global containerized intermodal freight transport system, but smaller numbers are in regional use as well.

B. TEMPORARY: A Shipping/Cargo Container placed on a property for a limited amount of time and not affixed to a permanent foundation. See TEMPORARY PLACEMENT OF SHIPPING/CARGO CONTAINERS – ALL DISTRICTS

C. PERMANENT: A Shipping/Cargo Container that is affixed to a foundation OR a Shipping/Cargo Container placed on a property to be used as part of a principal or accessory structure in accordance with the requirements set forth under PERMANENT PLACEMENT OF SHIPPING/CARGO CONTAINERS.

D. HAZARDOUS MATERIALS means any substance, material, or chemical which, because of its quantity, concentration, physical characteristics, or chemical properties, poses a significant present or potential hazard to human health, safety, property, or the environment.

1) Hazardous Materials shall include, but not be limited to:

a) Any material classified as hazardous under regulations of the United States Department of Transportation, 49 C.F.R. Parts 100–185.

NEWTON TOWNSHIP BOARD OF TRUSTEES ZONING TEXT AMENDMENT-PUBLIC HEARING MONDAY, MARCH 23, 2026 at 6:30 P.M.

b) Any hazardous waste as defined in Chapter 3734 of the Ohio Revised Code and rules adopted by the Director of the Ohio Environmental Protection Agency.

c) Any material regulated under the Ohio Fire Code adopted pursuant to Chapter 3737 of the Ohio Revised Code.

d) Any substance designated as a hazardous substance under the federal Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).

e) Petroleum products, fuels, industrial chemicals, explosives, flammable liquids and gases, oxidizers, corrosives, poisons, radioactive materials, and reactive materials when present in quantities exceeding those customarily associated with normal household use.

2) Exemptions:

Hazardous Materials shall not include:

a) Products in consumer quantities used for ordinary household, agricultural, or commercial purposes.

b) Fertilizers, pesticides, and herbicides applied in accordance with manufacturer instructions and applicable law.

c) Fuel stored in tanks regulated under applicable state and federal law.

13.17.2 SHIPPING/CARGO CONTAINERS AS TEMPORARY AND PERMANENT ACCESSORY STRUCTURES

A. Enclosed trailers, truck compartments, railroad cars, campers, recreational vehicles, and any similar units are not permitted to be used as a permanent building, accessory building, storage shed or any other outbuilding in any Zoning District. Such a container may be used on a temporary basis if it is not on a permanent foundation, and is used at:

1) A Construction Site to store equipment, supplies and materials in conjunction with active construction work taking place on the Property in any District during the period such construction work is actively in progress, not to exceed six months; or

2) Moving. for a period not to exceed fourteen (14) days on a Property where the occupant is in the process of relocating from the Property to another Property.

B. Shipping/Cargo Containers shall be permitted as temporary and permanent accessory structures in accordance with the following standards. Shipping/Cargo Containers used as permanent accessory structures shall be placed behind primary residential, commercial or industrial structures in accordance with the Newton Township Zoning Resolution regulating Accessory Structures.

NEWTON TOWNSHIP BOARD OF TRUSTEES ZONING TEXT AMENDMENT-PUBLIC HEARING MONDAY, MARCH 23, 2026 at 6:30 P.M.

13.17.3 TEMPORARY PLACEMENT OF SHIPPING/CARGO CONTAINERS – ALL DISTRICTS:

A. Construction Site. Shipping/Cargo Containers may be used to store equipment, supplies and materials in conjunction with active construction work taking place on the Property in any District during the period such construction work is actively in progress, not to exceed six months. If construction work has halted for a period greater than four (4) consecutive weeks all Shipping/Cargo Containers shall be removed.

B. Moving. Shipping/Cargo Containers may be used on Property where the occupant is in the process of relocating from the Property to another Property for a period not to exceed fourteen (14) days.

C. Location. No Shipping/Cargo Container shall be located in a public Right-of-Way or in a way which obstructs visibility of a road or drive. Shipping/Cargo Containers shall be located no closer to an adjacent property than twenty (20) feet, or the required minimum side or rear yard setback for accessory buildings in the district in which the container is located, whichever is greater. Shipping/Cargo Containers shall be located on a finished driveway or parking area.

D. Number. Only one (1) Shipping/Cargo Container may be placed on any property in a Residential District for moving or construction purposes. Only three (3) Shipping/Cargo Containers may be placed on Commercial or Industrial Property. If Shipping/Cargo Containers on Commercial or Industrial Property are stacked they must be blocked, interlocked, and limited in height so that they are stable and secure against sliding or collapse in accordance with the Occupational Safety and Health Act regulations

13.17.4 PERMANENT PLACEMENT OF SHIPPING/CARGO CONTAINERS:

A. Permanent Accessory Structures in ALL Residential Districts: Shipping/Cargo Containers SHALL:

1) Be limited to one (1 ) container per contiguous property having a minimum of three (3) acres in total and each container shall not exceed 170 square feet in size (total floor area) and eight (8) feet in height. Variances for these limits will be considered on a case-by-case basis.

2) Be rust-free and painted in neutral solid colors that blend with adjacent land uses and/or the surrounding natural environment

3) Include a visual buffer, natural or man-made, to ensure it is not visible to adjacent properties or from the street

4) Meet all setback requirements for accessory structures set forth in the Newton Township Zoning Resolution regulating the relevant Residential District

5) Not display advertising logos or industrial markings

6) Not contain hazardous materials as defined herein

7) Only be used for the storage of personal property, and for no other purpose whatsoever excepting agricultural uses.

NEWTON TOWNSHIP BOARD OF TRUSTEES ZONING TEXT AMENDMENT-PUBLIC HEARING MONDAY, MARCH 23, 2026 at 6:30 P.M.

8) Be located parallel with a side yard boundary line to ensure the shortest section of the container faces street frontage

9) Be placed on “Road Base” gravel or better

B. Permanent Accessory Structures in Commercial and Industrial Districts Shipping/Cargo Containers SHALL:

1) Be limited to four (4) Shipping/Cargo Containers located on contiguous property for the storage of personal property and materials used by the business on the same property

2) Not exceed more than 360 square feet in total floor area and 9 ½ feet in height

3) Be screened from view from adjacent properties and the street with a visual buffer, natural or man-made.

4) Meet all setback requirements for Accessory Structures set forth in the Newton Township Zoning Resolution regulating Commercial and Industrial Districts.

5) Not contain hazardous materials as defined herein

6) Be placed on “Road Base” gravel or better

7) Be, if stacked, blocked, interlocked, and limited in height so that they are stable and secure against sliding or collapse in accordance with the Occupational Safety and Health Act regulations.

8) Only be used for the storage of personal property, and for no other purpose whatsoever excepting agricultural uses.

C. Agricultural uses: Shipping/Cargo Containers used primarily for agricultural purposes such as storing farm equipment, housing feed, seed or other agricultural products or supports active farming operations may NOT be regulated. Verification of the use of Shipping/Cargo Containers for agricultural purposes is required and shall be conducted by Newton Township through fieldwork and documentation; however, no permit or fee is required to complete this process.

D. It is suggested that the owner of the agricultural property take into consideration the placement/location of the Shipping/Cargo Container relative to neighboring properties.

E. Newton Township may not regulate matters that fall under the applicable building and f ire codes of Trumbull County and the State of Ohio.