§ 47-19.4. 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 bulk container is a receptacle with a capacity of greater than one (1) cubic yard which purpose is for the disposal and storage of garbage, trash and any form of waste materials, not including hazardous or infectious wastes.

B.

Exemptions.

1.

Wheeled bulk containers for the disposal of solid waste or the collection of recyclables which are two (2) cubic yards or less in size, are exempt from the enclosure requirements of this section provided that, when not curbside for collection, they are positioned upon a hard surfaced pad located behind the building line(s) of the user location, and they are positioned such that the smaller side of the bulk container faces the public right-of-way, and a hard surface roll-way from the pad to the servicing area is provided to facilitate servicing. Wheeled bulk containers shall only be placed curbside for collection and shall remain curbside for a reasonable amount of time in order to facilitate collection. In no case shall wheeled bulk containers remain overnight at curbside or streetside.

2.

If two (2) or more wheeled bulk containers are used under this exemption then they shall comply with the requirements of this section and shall be placed for storage on a pad.

3.

Exclusion. For the purposes of this section, a wheeled refuse cart of one (1) cubic yard in size or smaller shall not be considered a wheeled bulk container.

4.

On sites where the container cannot be seen off-site, at a height of five (5) feet above existing grade at any property line of the site, no enclosure shall be required.

5.

No enclosure shall be required for bulk containers located on interior lots, behind the extension of the building line which directly abuts any alley.

C.

Placement.

1.

Bulk containers shall be placed for collection purposes in a location easily accessible to authorized collection vehicles. Unless in a public right-of-way for purposes of collection only, all bulk containers shall be placed within an approved enclosure as set out below in subsection D; and at any time of day on the scheduled collection day containers may be placed in position for direct pickup by the authorized agency as provided herein.

2.

It shall be unlawful for any person to place, or cause to be placed, a bulk container or receptacle that services private property upon or in any street, alley or public right-of-way; provided, however, that such container or receptacle may be placed in the public right-of-way only for the period of time necessary for collection. The container shall be returned to its approved enclosure or location on the same day that it is set out for collection.

D.

Enclosure requirements. The following enclosure requirements shall be met by all properties as described below.

1.

Where required. All residential properties of three (3) or more units and all business and industrial properties which elect to use bulk containers, shall provide an on-site enclosure for bulk containers or waste receptacles, except as provided herein.

2.

Minimum size. Each enclosure shall provide a minimum of eighteen (18) inches of clear space between each side of each bulk container (including lifting flanges) and the adjacent wall surface of that enclosure, or other containers within that same enclosure. The height of each enclosure shall be six (6) inches greater than the highest part of any bulk container therein.

3.

Service access. Placement of containers and enclosures shall be planned and constructed in a manner that allows unobstructed access to each container and the unobstructed opening of the gates during the emptying process. Containers shall not be located in such a manner that the service vehicle will block any intersection during the emptying process.

4.

Gates. All enclosures shall have gates and their construction shall be of sturdy metal frame and hinges with an opaque facing material. Servicing gates shall incorporate gate stops and latches that are functional in the full open and closed positions. Enclosures with 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. All gates for pedestrian access shall be no more than forty-eight (48) inches and no less than thirty-six (36) inches in width. Enclosure gates shall be closed at all times except for the time necessary to service the bulk container(s).

5.

Maze or baffle style openings. Maze or baffle style openings shall be permitted in place of an operating, pedestrian access gate. 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 and must be a minimum length of one and one-half (1½) times the length of the opening and shall be centered upon the opening. These openings shall be no more than forty-eight (48) inches and no less than thirty-six (36) inches in width.

6.

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 emptying the bulk container shall also be provided unless a hard surface that provides access to the bulk container already exists. Such pads and approach drives shall replace existing curb, gutter and sidewalk when necessary. In cases where a hard surface or drive which is adequate to support the combined full weight of the bulk container, the enclosure and service vehicles does not exist, a ten-foot wide hard surface extension directly in front of the bulk container shall be required for purposes of emptying the container.

7.

Garbage containers. All receptacles and bulk containers which receive 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 have a raised concrete slab, a drain, and cleaning water facilities for said receptacles and containers and be constructed in accordance with the provisions of the Florida Building Code (Broward Edition).

8.

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 odors and unsanitary conditions from occurring. Enclosure pads and access drives shall be repaired or rebuilt whenever the pavement structure deteriorates.

E.

Materials and construction methods. Enclosures shall be constructed of walls or fences of the same materials as the primary material used for the principal structure and shall be painted the same color as the color used on a majority of the principal structure. Gates shall be constructed of opaque materials in the manner provided in subsection D.4.

1.

Wood lumber. Wood fences shall be of a durable species, incorporating architectural design features to enhance appearance, and of a quality and design acceptable to the director or his designee. In making this determination, the director or designee shall consider the following:

a.

Whether the wood is pressure-treated or has a finish that protects the wood from the elements;

b.

Adequacy of the supporting in-ground posts;

c.

That the lumber be a minimum of nominal one (1) inch by nominal six (6) inch boards and shall have a maximum spacing between boards of one (1) inch; and

d.

Compatibility of materials with existing materials on the subject property and the surrounding neighborhood.

2.

Plastic lumber. Lumber shall be plastic members of new or recycled materials able to withstand the climatic and ultraviolet conditions of the region and of a quality and design acceptable to the director or designee. In making this determination, the director or designee shall consider the following:

a.

Whether the material is coated or has a finish that protects the plastic from the elements;

b.

Adequacy of supporting in-ground posts;

c.

That the lumber be a minimum of nominal one (1) inch by nominal six (6) inch boards and shall have a maximum spacing between boards of one (1) inch; and

d.

Compatibility of materials with existing materials on subject property and the surrounding neighborhood.

3.

Masonry walls. All exterior faces of walls shall have a finish such as stucco, prefinished block, stacked block with struck joints, shadow blocks, painted or similar, installed according to industry standards and meeting with the approval of the director or designee.

4.

Concrete walls. Precast or poured concrete walls shall have decorative textured finish of a quality acceptable to the director or designee.

5.

Earth berms. Landscaped earth berms shall have slopes no greater than 2:1. Such earth mounding may be used in combination with other materials or methods of construction to achieve the required height to accomplish proper screening and may be used to cover the visible exterior surface of any enclosure.

6.

Landscape enclosures. The use of evergreen or non-exfoliating landscaping shrubs as an enclosure shall be permitted under the following conditions:

a.

The container to be enclosed is no more than four (4) feet in height; and

b.

The landscape material is supported on the interior side by a dark colored, vinyl coated, commercial grade (9 gauge) chain link fence or by an uncoated galvanized chain link fence with dark colored, stiff high density, virgin polyethylene with ultra violet inhibitors. Vertical inserts shall be installed and fastened or locked into place on those enclosures which can be seen from the adjacent public rights-of-way or from windows or door openings in all adjacent residential buildings. The chain link fence shall have a matching top rail that shall be a minimum of one and five-eighths (1 5/8 ) inches, grade 1 steel, in thickness; and

c.

The landscape enclosure and chain link fence shall be installed and maintained at a minimum height of six (6) inches above the highest point of the dumpster and all shrubs shall meet American Nursery Association standards with all replacement and all new shrubs being a minimum of thirty (30) inches in height at planting and spaced no greater than thirty (30) inches on center. All planting, plant selection, soil preparation and maintenance shall be as specified in Section 47-21, Landscape and Tree Preservation Requirements.

F.

Location and screening requirements. One (1) or more of the following provisions may apply to enclosures:

1.

Existing required landscape areas. The enclosure and access drive to a bulk container may encroach into the existing required landscape areas, if it is shown that it is necessary to provide adequate space for the enclosure and access drive. Such enclosures shall be landscaped so as to form a visual barrier between the enclosure and the street.

2.

Shared between adjoining properties. Enclosures for one (1) or more containers 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 joint use agreement. Such joint use agreements shall be approved by the city and recorded in the public records of Broward County, Florida. If the joint use agreement is terminated, each property owner shall make separate provisions for their solid waste disposal. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines. Such enclosures shall be landscaped. Such landscaping may be reduced as the enclosure is located toward the rear or within low visibility areas of the property away from the public streets so long as a continuous visual barrier between the enclosure and the street is maintained.

3.

Within parking areas. Enclosures may be located within or immediately adjacent to parking areas, regardless of building setback lines and shall be landscaped. Such landscaping may be reduced as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained. Applicants shall be permitted to reduce in size up to twenty (20) existing parking spaces from the standard eight (8) feet, eight (8) inches width to eight (8) feet, six (6) inches in width, or reduce the total number of spaces required by one (1), if shown to be necessary to provide space for the enclosure, which determination shall be made by the director or designee. The overall parking ratio, however, shall not be reduced to less than one (1) space for each dwelling unit.

4.

Within yards. Enclosures may be located within building setback areas subject to the setback requirements in subsection F.5, and the enclosure shall be fully landscaped. The landscaping may be reduced if the enclosure is located toward the rear of the property or in an area which is not highly visible from public streets as long as a continuous visual barrier between the enclosure and the street is maintained. If the enclosure is located within a highly visible area within the building setback area, additional landscaping, architectural treatments or both, in addition to a visual barrier, may be required on the site as determined by the director or designee. The additional landscaping, architectural treatments or both shall be required to the extent it is found necessary to mitigate the impact of the location of the bulk container and enclosure on the site.

5.

In compliance with setbacks. Enclosures located in compliance with setbacks may be required to be fully landscaped when the enclosure is freestanding on a property in a high visibility location. Such landscaping may be reduced as the enclosure is located toward the rear or low visibility areas of the property away from the public streets, as long as a continuous visual barrier between the enclosure and the street is maintained.

G.

Camouflage/alternate screening.

1.

In locations where sufficient space does not exist to allow construction of a bulk container enclosure and the provisions of this Section 47-19.4 have been met where possible, the director or designee may determine that no other trash management option as described in this section is reasonably available, and approve the application for a decorative veneer (camouflage) or other alternate screening method which may include conditions in lieu of enclosure construction. Such application and approval shall be conditioned so that there are no company identification/advertising logos on the veneer surface, the veneer is painted or stained a color compatible with the character and appearance of surrounding properties and the main building on the site, and the bulk container is placed upon a concrete pad the purpose of which is to ensure that the bulk container is positioned such that it is not an aesthetic detriment to the community.

2.

Submittal requirements. Applications to the department shall contain the following documentation:

a.

A site plan or survey detailing the building, the number and location of living units, lot size, landscaping on site (sod, trees, bushes, etc.), the number and location of parking spaces, the location, service frequency and capacity of the existing and proposed bulk refuse containers, and the type, nature, and application methodology of the veneer surfacing for each container or a plan showing the proposed alternate screening or enclosure materials including a description of how the alternate screening meets the purpose and intent of this section; and

b.

A typewritten narrative of alternate waste disposal and other trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.

H.

Appeal to the planning and zoning board. If the property owner does not agree with the decision of the director or designee, an appeal may be made to the planning and zoning board. Appeals to the planning and zoning board for review of a decision of the director or designee shall be processed and determined in accordance with the provisions for site plan level III, Section 47-26B, Appeals, except as provided otherwise herein.

1.

Applications for a determination regarding whether bulk refuse containers, as provided for in subsection E.6, may be covered with camouflage rather than enclosed or utilize an alternate screening method not provided for herein shall be processed as follows:

a.

Who may file. The owner of a tract of land or his duly authorized agent.

b.

Where to file. Form of application—Applications shall be filed at the department on forms furnished by the department.

c.

Withdrawal of applications. An applicant may withdraw an application at any time prior to a vote on a motion before the planning and zoning board, but may forfeit all, or a portion of the application fee, dependent upon the actual amount of funds expended by the city up until the time of withdrawal.

d.

Submittal requirements. Applications shall contain the following documentation:

i.

A site plan or survey detailing the building, the number and location of living units, lot size, landscaping on site (sod, trees, bushes, etc.), the number and location of parking spaces, the location, service frequency and capacity of the existing and proposed bulk refuse containers, and the type, nature, and application methodology of the veneer surfacing for each container or a plan showing the proposed alternate screening or enclosure materials including a description of how the alternate screening meets the purpose and intent of this section; and

ii.

A typewritten narrative of alternate waste disposal and other trash management options considered or available and the reasons why those options are not suitable or desirable for the location in question.

2.

Decision of the board. If the board grants the application, the decision of the planning and zoning board shall be that the camouflage or alternate screening method may be permitted by the department. In granting camouflage requests the planning and zoning board may require conditions of the applicant such as additional landscaping on the site, or a specific placement or orientation of the enclosure on the site may be required. The action of the planning and zoning board shall be based upon consideration of the following factors:

a.

Impact on abutting properties of the proposed camouflage or alternate screening methods;

b.

Compatibility of the proposed camouflage or alternate screening with on-site and off-site improvements; and

c.

Whether the applicant's proposal adequately serves the goals and intent of this section. The planning and zoning board review of retroactive properties shall sunset and shall have no force and effect after November 30, 1995.

I.

Planning and zoning board approval of innovative techniques for garbage disposal and storage. The planning and zoning board may approve the use of bulk containers without any enclosure or screening when the container, because of its design, already includes a camouflage or aesthetically pleasing design feature which complies with the intent of this section, and therefore, no additional screening or enclosure for aesthetic purposes would be required. The procedure for and authority of the planning and zoning board relating to such approvals shall be as provided for in Section 47-24.2, site plan level III.

J.

Amortization. Existing nonconforming bulk containers shall be brought into full compliance with the enclosure requirements of this section by November 30, 1994, subject to the modifications and requirements described in subsections F, G, H, I and J.

K.

Retroactively. Subsections B, F, G, H, I and J shall only apply to those locations that utilized bulk containers on March 3, 1989. All new construction shall completely enclose bulk containers on their own property and comply with all other provisions of the ULDR.

L.

City liability. The city claims the exemption or exclusion afforded by any law of Florida now effective or hereafter enacted, which provides immunity to municipal officials and employees from actions for trespass, whether civil or criminal in nature.

(Ord. No. C-97-19, § 1(47-19.4), 6-18-97; Ord. No. C-03-23, § 2, 7-1-03 ; Ord. No. C-08-54, § 2, 12-2-08)