HomeMy WebLinkAboutO-2006-021 Dumpster Revised ORDINANCE NO. 2006-021
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA,
PERTAINING TO CHAPTER 13 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED "HEALTH AND SANITATION";
CREATING SECTION 13-75 TO BE ENTITLED "DUMPSTERS";
PROVIDING FOR THE REGULATION OF THE LOCATION AND
CONSTRUCTION OF SUCH DUMPSTER (BULK CONTAINER)
ENCLOSURES; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Sec. 13-75, entitled "Dumpsters", of the City Code of Ordinances is
created to read as follows:
Sec. 13-75 Dumpsters.
a. Intent. It is the intent of this section to regulate the location and construction of bulk
container enclosures in a manner that promotes the public health and safety, and lessens or
otherwise mitigates the visual impact of such bulk containers upon the community. A
"dumpster" is a bulk container or receptacle with a capacity exceeding one (1) cubic yard, the
purpose of which is the temporary storage and disposal of garbage, trash and any form of waste
materials, not including hazardous or infectious wastes.
b. Placement.
I. A dumpster shall be placed for collection purposes in a location easily accessible to
authorized collection vehicles. It shall also be placed within an approved enclosure as
required below in subsection c.
2. A dumpster may be removed from its approved enclosure or location no earlier than
twenty-four (24) hours prior to collection. The dumpster shall be returned to its
approved enclosure or location on the same day that it has been serviced for collection.
3. Dumpster use is prohibited for any residential unit(s) or multi-family building
containing four (4) or less dwelling units.
C. Applicability.
1. Where required. Any of the following uses using dumpsters shall provide on-site
enclosures:
A) Any residential or non-residential development requiring site plan review.
B) Any existing multi-family residential use (excluding townhouse uses)
containing ten (10) or more units.
C) Any existing non-residential use containing fifteen (15) or more
existing on-site parking spaces.
2. Exemptions from Enclosure Requirements.
Owners of the following systems are not required to provide on-site enclosures:
A) Dumpster or trash compaction systems which are in use on the effective
date of this ordinance, which are not visible from any adjacent property.
b) Trash compaction systems approved pursuant to site plan review.
3. Minimum Size. Each enclosure shall provide a minimum 10 foot interior length
and width subject to the following additional requirements. Each enclosure shall
provide a minimum of twelve (12) inches of clear space between each side of the
dumpster (including lifting flanges) and the adjacent wall surface of that
enclosure, or any other dumpsters within that same enclosure. The dumpsters
shall not exceed 5' 5" in height. The enclosure shall be six (6) feet in height;
provided, however, that "Industrial"-zoned properties shall be permitted
dumpsters up to 7' in height, provided the enclosures must be 7' 6" in height.
4. Service access. Placement of dumpsters and enclosures shall be planned and
constructed in a manner that allows unobstructed access to each dumpster and the
unobstructed opening of the gates during the disposal process. Dumpsters shall
not be located in such a manner that the service vehicle will block any roadway
designated on the Broward County Trafficway Plan during the disposal process.
5. Gates. All enclosures shall have gates and their construction shall be of sturdy
metal frame and hinges with an opaque facing material consisting of wood or
other solid material. Metal or plastic slats inserted in chain link shall be
prohibited. Servicing gates shall incorporate gate stops and latches that are
functional in the full open and closed positions. Gates that swing out from the
container shall be set back from the property line at least a distance equal to the
width of the gate. Hinge assemblies shall be strong and durable so that access and
servicing gates function properly and do not sag.
2 ORDINANCE#2006-021
6. Maze Style Pedestrian Access. Maze style pedestrian openings are required for
new non-residential development. A maze style opening is an opaque wall or
fence that can be located no more than forty-eight (48) inches and no less than
thirty-six (36) inches from the enclosure opening. The enclosure opening shall be
no more than forty-eight (48) inches and no less than thirty-six (36) inches in
width.
7. Pads and service drives. All enclosures shall be placed on poured concrete, solid
or perforated interlocking concrete block paving (ICB), or any existing hardened
paving system. A service access drive for the purpose of disposing of the contents
of a dumpster shall also be provided unless a hard surface that provides access to
the dumpster already exists.
8. Garbage containers. All receptacles and bulk containers which temporarily store
garbage, liquid waste or food from food handling operations including, but not
limited to, bakeries, meat processing plants, or any business establishment where
it is determined that garbage, liquid waste, or food will be accumulated, shall
provide a raised concrete slab, a drain, and cleaning water facilities for such
receptacles and containers and shall be constructed in accordance with the
provisions of the Florida Building Code.
9. Maintenance. Approved enclosures shall be.maintained in good condition and
appearance at all times. Gates and latches shall be kept fully operable and shall be
closed except during scheduled collection periods. Enclosures and containers shall
be cleaned periodically to prevent noxious or offensive odors and unsanitary
conditions from occurring. Enclosure pads and access drives shall be repaired or
rebuilt whenever the pavement structure deteriorates.
10. Dumpster. The dumpster shall include a top loaded cover which shall remain
closed at all times except when in use. No garbage, refuse, or waste may be
located anywhere on the site except in a dumpster designed and approved for such
temporary storage purpose.
d. Materials and construction methods. Enclosures for new construction shall be constructed
of masonry or stucco concrete block painted to match the color of the principal building(s).
Enclosures for existing development shall be constructed of masonry, stucco concrete block,
durable opaque PVC or any combination of these elements. Gates shall be constructed of opaque
materials in the manner provided in subsection c.5, above.
e. Location requirements. The location of enclosures for new construction or additions
requiring site plan review shall be determined pursuant to the site plan review process. The
location of enclosures for uses not requiring site plan review shall be determined by the
Community Development Director or designee pursuant to the following requirements upon
submission of a site plan or survey showing the location of the building, the number and location
of living units, lot size, existing and proposed landscaping, the number and location of parking
spaces, the location, service frequency and capacity of the existing and proposed dumpsters:
3 ORDINANCE#2006-021
1. Existing landscape areas. Existing landscaping may be removed to accommodate the
enclosure if there is no other feasible location to place the enclosure on-site.
2. Shared between adjoining properties. Enclosures for one (1) or more dumpsters may
be located along or across adjoining property lines, and may serve two (2) or more
adjacent properties, if affected property owners enter into a recorded restrictive covenant
providing for perpetual joint use and maintenance of the enclosure.
3. Within parking areas. Enclosures may be located within or immediately adjacent to
parking areas, regardless of building setback lines. The applicant shall be permitted to
reduce the total number of provided spaces by two (2) if shown to be necessary to
provide space for the enclosure.
4. Enclosures located in non-residential zoning districts shall provide the following
setbacks:
i. Ten(10) feet from any residentially zoned or used property.
ii. Five (5) feet from any non-residentially zoned property.
iii. Twenty-five (25) feet from any street.
iv. Twenty five (25) feet from any residential unit.
The Community Development Director may reduce setback requirements for an
existing development if there is no other feasible location for the enclosure.
5. Enclosures located in residential zoning districts shall be located no further than 150
feet from any on-site dwelling unit (new development only).
6. Enclosures located in residential zoning districts shall be setback at least twenty-five
(25) feet from any on-site dwelling unit or outdoor recreation area (new development
only).
7. When dumpsters are to be serviced from an alley, enclosures shall be angled thirty
(30) degrees and recessed off the alley approximately six (6) feet (recessing the
enclosure is necessary so that gates do not open into the alley so as to obstruct traffic
and so that adequate sight distance can be preserved).
f. Appeal to the City Commission. If the property owner wishes to waive the requirement for a
dumpster enclosure an appeal may be made to the City Commission. Appeals to the City
Commission shall be in accordance with Section 2-13 of the City Code of Ordinances.
1. Who may file. The owner of a tract of land or a duly authorized agent.
2. Where to file. Applications shall be filed with the Community Development
Department on forms furnished by the'Department.
3. Non-Refundable Appeal/Waiver Fee. $500.00, payable upon submission of an
application.
4 ORDINANCE#2006-021
4. Submittal requirements. Applications shall contain the following
documentation:
A. A site plan or survey showing the location of the building, the number and
location of living units, lot size, existing and proposed landscaping, the number and location of
parking spaces, and the location, service frequency and capacity of the existing and proposed
dumpster containers.
B. A typewritten narrative of alternate waste disposal and other trash
management options considered or available and the reasons why those options are not feasible,
suitable or desirable for the location in question.
5. Decision of the City Commission. If the City Commission grants the
appeal, the Commission may require the applicant to observe certain conditions
such as providing additional landscaping on the site, or a specific placement or
orientation of the enclosure on the site may be required. The action of the City
Commission shall be based upon consideration of the following factors:
A. Impact on abutting properties;
B. Whether the applicant's proposal adequately serves the goals and intent of
this section; and
C. Site limitations relating to size, dimensions, or parking.
g. Appeal to the Community Development Director. If the property owner wishes to modify
dumpster enclosure requirements relating to enclosure location, setbacks, size, material, or color,
an appeal.may be made to the Community Development Director.
1. Who may file. The owner of a tract of land or a duly authorized agent.
2. Where to file. Applications shall be filed with the Community Development
Department on forms furnished by the Department.
3. Non-Refundable Waiver Fee. $200.00, payable upon submission of an
application.
4. Submittal requirements. A site plan or survey showing the location of the
building, the number and location of living units, lot size, existing and proposed
landscaping, the number and location of parking spaces, and the location, service
frequency and capacity of the existing and proposed dumpster containers.
5. Decision of the Community Development Director. If the Community
Development Director grants the waiver, the Director may require the applicant to
observe certain conditions such as providing additional landscaping on the site, or a
specific placement or orientation of the enclosure on the site may be required. The
action of the Director shall be based upon consideration of the following factors:
A. Impact on abutting properties;
5 ORDINANCE#2006-02I
B. Whether the applicant's proposal adequately serves the goals and intent of
this section; and
C. Site limitations relating to size, dimensions, or parking.
9. Amortization. Existing nonconforming dumpsters shall be brought into compliance
with the enclosure requirements of this section by December 31, 2008.
Section 2. That Sec. 5.44(3) of Ch. 28 (Zoning), entitled "Accessory Structures;
Minimum Yard, Lot and Bulk Regulations", of the City Code of Ordinances is amended to read
as follows:
5.44. ACCESSORY STRUCTURES; MINIMUM YARD, LOT AND BULK
REGULATIONS.*
® O
be aehieved through the ulia AP'A'Alls and shrubs. Sueh ser-eening shall be in aeeer-danee with the
standard design and en -Peeifieafiens maintained in the bttilding depai4tnent. Stieh
design standards shall provide for- a masewy wall enelosure extending to a height at least six (6)
ineh!s abeN,e the top of the dumpster-with gated vehiettlar- aeeess opening and separate pedestr-
(1) Dumpster- enelestffe must be leeated away ffem pfE�eet entranees and ne eleser than twenty
five (25) feet t any dwelling ;t e outdoor reer-eation
(2) Dumpster enelesur-es should be loea4ed no further than one hundr-ed fifty (150) feet from a
building egress point or-ffem an), dwelling 'rric.
(73) T ..te d me enelestir-es se that elleeti eh;eles do not h. nte re t cv back a. out. i major
r
(4) Orient d ste enelestir-es to per-mit filly Fneehanieally__assisted 1 h e t end
1'is,c:.0 pivii up by vii v....
loading trueks
(5) When c' ttmpsters are to he seFvieed from an alley, enelosur-es shet,1T be angled thifty (30)
enelosure is so tha4 gates de not open into the a4ley obstrueting �r-affie and so adequate sigh4
Section 3. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
6 ORDINANCE#2006-021
. Section 4. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 5. That this Ordinance shall be effective immediately at adoption on second
reading.
PASSEL) on first reading on May 23, 2006.
PASSEL) and ADOPTED on second reading on June 13, 2006,
PATRICIA FLURY
MAYOR—COMMISSIONER
ATTEST:
LOUISE STILSON, CMC
CITY CLERK
APPROVED AS TO FO ND CORRECTNESS:
BY:
THOMAS J. ANSBRO
CITY ATTORNEY
7 ORDINANCE 42006-021
CITY OF ®ANIA BEACH Agenda Item# a
Agenda Request Database
Date of Commission Meeting: 6/13/2006
Adopt Resolution ❑ Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading)
Award Bid /RFP ❑ Presentation ❑ Continued from:
Re'' ue$teti ACtiOn fIdenfi 'arona#e Action°or Motwnf � i 'e
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 13 OF THE CITY CODE OF ORDINANCES,
WHICH CHAPTER IS ENTITLED"HEALTH AND SANITATION";CREATING SECTION 13-75 TO BE ENTITLED"DUMPSTERS";
PROVIDING FOR THE REGULATION OF THE LOCATION AND CONSTRUCTION OF SUCH DUMPSTER(BULK CONTAINER)
ENCLOSURES; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER,PROVIDING FOR AN EFFECTIVE DATE.
�Uhjr Action is Nece$sary4Rr ,� r � ,
..,�! 15
what A►ct�on AcGompl ishes� � � � " � �,N� �� � " � ^� � ���� ��r� � � �a ^���
Ordinance is intended to clarify where dumpster enclosures are required, consolidate dumpster enclosure requirements,
and provide an appeal process from the terms of the ordinance.
Dept: Acct#: Amt:
Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑
Summary Expiana#�onll3ackground _. '� ' _� ��,:� .,�vg- Hr
Ordinance
Staff Report
PUBLIC HEARING NOTICE
Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8
�, .�.;a� ,u,__s� «.._<�-,�� __<,.?_ .,, .�„>.,� ,;� <,,,✓�. ,,. .ti . «4,w„»,.,,.,u x ��'rw� �. _,_.,��a �,,; _�s� � .�,. �.1����� ���,y,�k� �_f.,.f.
Submitted by
Larry Leeds Date
Department Director
Larry Leeds Date
HR Director
Date
Finance Director
Date
City Attorney
Date
City Manager
Date
x
Commission Action:
Approved: ❑ Denied: ❑ Continued to: ❑
COMMUNITY DEVELOPMENT DEPARTMENT
• STAFF REPORT
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director -
Community Development Department
DATE: June 13, 2006
RE: Dumpster Enclosure Ordinance
APPLICANT: City Commission
The attached dumpster enclosure ordinance is intended to clarify where dumpster
enclosures are required, consolidate dumpster enclosure requirements, and provide an
appeal process from the terms of the ordinance. Key provisions include:
1) Enclosures are required for new residential development, new freestanding non-
residential buildings, and non-residential building additions in excess of 500 square
feet.
2) Enclosures are required for existing residential properties (10 units or more) and non-
residential properties (15 parking spaces or more). Retrofit compliance required by
December 2008.
3) Enclosures for new construction shall be constructed of masonry or stucco concrete
block painted to match the color of the principal building(s). Enclosures for existing
development shall be constructed of masonry, stucco concrete block, durable opaque
PVC or any combination of these elements.
4) Appeal to the City Commission. If an affected property owner wishes to "waive
entirely" the enclosure requirement, he/she may file an appeal to the City
Commission ($500 non-refundable fee).
5) Administrative Appeal to the Community Development Director. If an affected
property owner wishes to "modify" dumpster enclosure requirements relating to
location, setbacks, size, material, or color, he/she may file an appeal to the
Community Development Director($200 non-refundable fee).
STAFF RECOMMENDATION
Approval.
•
dumpster memo 2006.doc
NOTICE OF PUBLIC HEARING
BEFORE THE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA
• REGARDING ADOPTION OF
ORDINANCE NO. 2006-021
NOTICE IS GIVEN that on June 13, 2006, at 7:00 p.m. or as soon thereafter as the matter may be heard, the City
Commission of the City of Dania Beach, Florida, will conduct a public hearing in the Commission Chamber at Dania
Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, to consider the proposed adoption of the
following Ordinance:
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, PERTAINING TO CHAPTER 13 OF THE CITY
CODE OF ORDINANCES, WHICH CHAPTER IS ENTITLED "HEALTH AND SANITATION'; CREATING
SECTION 13-75 TO BE ENTITLED "DUMPSTERS'; PROVIDING FOR THE REGULATION OF THE LOCATION
AND CONSTRUCTION OF SUCH DUMPSTER (BULK CONTAINER) ENCLOSURES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. (Second
and Final Reading)
Copies of the proposed Ordinance is on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard,
Dania Beach, Florida, and may be inspected by the public during normal business hours.
Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who
decides to appeal any decision made with respect to any matter considered at this hearing will need a record of the
proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record
includes the testimony and evidence upon which the appeal is to be based.
In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the
*proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004,
(954) 924-3622 at least 48 hours prior to the meeting.
Lou Ann Cunningham
Planning Associate
Sun Sentinel Notice Date: Friday, June 2, 2006