A two-and-a-half year debate over the regulation of portable storage in Bismarck culminated with the city commission's approval of an ordinance on Tuesday.

"I'm pleased to be bringing this to the commission for final consideration," city planner Carl Hokenstad said. "There has been a lot of discussion on this topic. We've gone through a lot of different versions, different committees have reviewed it, it came before the planning commission two or three times … I think we've come up with a good ordinance."

Hokenstad credited the Bismarck-Mandan Chamber of Commerce and its director, Kelvin Hullet, for the part they played in developing the ordinance. The chamber coordinated a education process which involved commercial endeavors throughout the community.

Particularly critical was defining what a portable storage container is and what it is not, according to Hokenstad. A lot of effort was put into the definition.

In residential areas, portable containers can be used for 30 days, mainly for the purpose of loading or unloading furniture and other household goods. Semi trailers can be parked for up to 48 hours for loading and unloading.

In the case of parking lot truckload sales, fundraising, promotional or charitable events, containers are permitted for no longer than 30 days in a 90-day period.

Planner Greg Greenquist said that, in commercially zoned areas, there are two periods when inventory grows for seasonal merchandise and containers will be allowed for a longer time - Nov. 1 through Jan. 15 and April 1 through June 15.

"About half way through the public hearing process we started hearing objections from citizens worried about personal travel trailers and stock car trailers being subject to this ordinance. We defined those as not included," Greenquist said. "We also heard concerns about trailers used by construction contractors. As long as they're being used on a job site, they're exempt."

The city commission originated the ordinance after receiving complaints from throughout the community relating to portable containers being used as permanent-type storage, according to Greenquist.

"If they are to be used as permanent storage, they are subject to building codes and zoning," Greenquist added.

But while the ordinance does provide some teeth for enforcement, most offenses will come to light as a complaint.

"It's not like we're going to have a container squad out on patrol," Greenquist said. "If there is a report, it will be followed up on."

The ordinance does not go into effect for another six months, according to Hokenstad, allowing the city time to provide notice to businesses that may be in violation.

If a complaint is registered and a portable container is determined to be in place longer than permitted, an order will be issued to the business to remove the container in 30 days. If it isn't, the matter will be turned over to the city attorney, according to building inspector Bill Augustadt.

"The last resort will be to prosecute and have a judge order removal,"city attorney Charlie Whitman added.

Mayor John Warford noted the issue took a lot of time and work.

"It may not be the perfect solution, but like any other ordinance, it can be revisited," Warford concluded.

The city commission adopted the ordinance by a 4-0 vote.

(Reach reporter Gordon Weixel at 250-8255 or gordon.weixel@;bismarcktribune.com.)