§ 13-23. Placement and screening of refuse and recycling mechanical, dumpster, compaction, and roll-off containers.

(a)

All refuse and recycling mechanical, dumpster, compaction, and roll-off containers shall be placed for storage in a location approved by the public works director, or designee. No such container shall be placed for storage in a right-of-way, but with the approval of the public works director or designee, may be temporarily placed in a right of way if necessary for collection.

(b)

All permanently located refuse or recycling mechanical, dumpster, compaction, or roll-off containers in use within the city limits shall be screened from view of any public right-of-way or alleyway by April 15, 2010, as follows:

(1)

Screening shall be on at least three (3) sides and shall consist of wood, vinyl-coated chain-link fence with slats, brick, stone, concrete or similar material of a quality approved by the public works director. The unscreened side shall not be visible from a public right-of-way, alleyway or residential zoning district. The screening shall encompass the full height, length, and width of the container, and shall meet land development code requirements. All screenings shall be maintained for function, safety, and appearance.

(2)

Gates intended for service access shall provide an opening width of at least ten (10) feet for each mechanical container, and shall be designed to remain open when collection service is provided. Gates shall be required when the service entrance of the screening enclosure faces a public right-of-way, alleyway or is visible from a residential zoning district.

(3)

Where a gate in the screening structure faces a public right-of-way, alleyway or is visible from a residential district, the gate shall be closed except when collection service is provided. The service provider may close any gate left open in violation of this subsection. A service fee, on file in the city clerk's office, for each such closure service provided by the service provider shall be assessed against the owner or occupant of the property and shall be collected in the manner provided by section 13-11.5. The fee shall be supplemental to any other penalties provided for violation of this section.

(4)

All screening structures shall be reasonably accessible for collection service vehicles and shall not be located within the right-of-way of any public street or alleyway.

(5)

Refuse containers which are the subject of this ordinance shall be located as far as practical from abutting residential property lines.

(c)

When existing site conditions do not lend themselves to a location that conforms with the requirements of this section, the development review committee is authorized to grant waivers from the required number of required parking spaces, minimum pervious area requirements, or landscaping, buffering, and/or setback requirements of the land development code in order to accommodate the location of an existing refuse or recycling mechanical, dumpster, compaction, or roll-off container in conformance with paragraph (b) above. In considering which, if any, waivers to grant, the development review committee shall consider the number, extent and relative importance of existing and resulting non-conformities to proper site functioning and compatibility with adjacent uses. Appeal of a rejected waiver request may be made to the public works director or other designee of the city manager within ten (10) days of written notification of the rejected waiver.

(d)

In circumstances where it is not physically possible for a property to accommodate a refuse or recycling mechanical, dumpster, compaction, or roll-off container and the required screening enclosure; and where the granting of waivers is deemed unacceptable by the development review committee; and where the container is situated in a public right of way, service shall be changed from dumpster to cart service.

(e)

The city commission, following review and recommendation by the development review committee, at a duly noticed public hearing may grant exceptions to the container screening enclosure requirements of this section, and allow the container service to remain, where specific lot conditions make compliance impractical, the visibility of the container from a roadway is minimal, or the safety of the collection vehicle or the public in general would be compromised by the construction of the screening enclosure.

(f)

Temporary mechanical, dumpster, compaction or roll-off containers used for the collection of refuse or recycling during special events for a period of less than seven (7) days are exempt from the container screening requirements contained in this section.

(g)

Refuse or recycling mechanical or dumpster containers on wheels which are stored out of the public view, except during collections, are exempt from the screening requirement of this section.

(h)

Temporary mechanical, dumpster, compaction or roll-off containers used for the collection of refuse or recycling during construction activities are exempt from the container screening requirements contained in this section.

(Ord. No. O-2009-010, § 2, 4-15-09)