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HomeMy WebLinkAboutOrdinance 2002-13 Dumpster Standards ORDINANCE NO. 2002-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORIDA ESTABLISHING MINIMUM STANDARDS FOR SCREENING FROM PUBLIC VIEW NEW AND EXISTING DUMPSTERS; REPEALING WINTER SPRINGS CODE SECTIONS 20-473( c) AND 20-489( c) GENERALLY RELATING TO DUMPSTERS ALONG S. R. 434; PROVIDING AN IMPLEMENTATION SCHEDULE FOR EXISTING DUMPSTERS; PROVIDING FOR SEVERABILITY; INCORPORATION INTO THE CODE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the General Design Standards for the State Road 434 Redevelopment and New Development Areas currently provide that dumpsters shall be screened from public view (Sec. 20- 473(c) and Sec. 20-489(c), Winter Springs Code); and WHEREAS, the City Commission desires to supplement the State Road 434 Development Standards and also adopt City-wide minimum guidelines for the screening of dumpsters located within the City of Winter Springs; and WHEREAS, the City Commission finds that the screening of dumpsters from public view enhances the aesthetic beauty and attractiveness of the community; and WHEREAS, the City Commission also finds that screening dumpsters will assist in controlling litter and wind-blown debris which are generated by overflowing dumpsters; and WHEREAS, the City Commission hereby finds that requiring the screening of dumpsters is a proper exercise of the police power and has a reasonable relation to the health, welfare, and safety of the community. See Section 24.248, Mcquillin's on Municipal Corporations; and Page 1 of 6 WHEREAS, the City Commission finds that dumpsters used by restaurants for discarding food products and other businesses that discard materials that decay, produce offensive odors or liquids, and/or attract infectious diseases pose a substantial health risk to the community and attract rodents, if not frequently cleaned; and WHEREAS, the City Commission finds that this ordinance is in the best interests of the public health, safety and welfare of the citizens of Winter Springs. NOW, THEREFORE, THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS HEREBY ORDAINS, AS FOLLOWS: Section 1. New Code Section. The City of Winter Springs Code, Chapter 20, Article IV, Required Improvements is hereby amended to add the following new Division (underlined type indicates additions and stIikeout type indicates deletions): DIVISION 6. DUMPSTERS. Sec. 9-280. Definitions. As used in this Division the word "Dumpster" shall mean any container which is used for the collection and disposal of bulk trash. refuse. vegetative waste. recyclable materials or other kinds of waste. and which may be of the open or enclosed variety. and is typically hoisted onto or mechanically emptied into a specifically equipped truck for transporting said waste to a designated facility. Dumpsters are typically used for multi-family. commercial. and industrial land uses. Sec. 9-281. Minimum Screening Requirements. All Dumpsters shall be screened on all four (4) sides from public view and situated under the following minimum screening. design. and locational requirements: City of Winter Springs Ordinance No. 2002-13 Page 2 of 6 (a) Both sides and the rear of the Dumpster shall be screened by an opaque wall made of concrete. brick. stone. or other similar durable material. provided the material used is compatible with the architectural design of the principal structure. The wall shall be at least six (6) feet in height or the height of the Dumpster. whichever is greater. The wall shall be designed to permit adequate and reasonable truck pick-up by the solid waste hauler. (b) The front of the Dumpster shall be screened by an opaque gate which shall remain closed at all times. except for trash disposal and pick-up. (c) Dumpsters shall be placed in an area that is least visible from the public right- of-way and shall be situated so as to provide for adequate and reasonable truck pick-up by the solid waste hauler. (d) Dumpsters shall be placed on a concrete pad or other impervious surface deemed suitable by the City. (e) Restaurants or other commercial businesses that discard significant amounts of food or other materials that decay. produce offensive odors or liquids. and/or attract infectious diseases shall be required to equip the dumpster site with a sewer drain and water. The sewer drain and water source shall be subiect to approval by the City. These dumpster sites shall be cleaned with water and appropriate cleaning products frequently and as often as necessary to keep the dumpster in a sanitary condition. (f) Landscaping around the Dumpster may be required if deemed necessary by the City in order to make the Dumpster compatible with the surrounding neighborhood and the site development. City of Winter Springs Ordinance No. 2002-13 Page 3 of 6 (g) All new Dumpsters shall comply with the minimum requirements set forth herein upon the effective date of this Division. All Dumpsters existing on the effective date of this Division shall comply with the minimum requirements set forth herein by October 1. 2003. (h) Dumpsters located within an enclosed building are exempt from this Section. Section 2. Winter Springs Code, Sections 20-473(c) and 20-489(c) Repealed. Sections 20-473(c) and 20-489(c) of the Winter Springs Code set forth below are hereby repealed as follows: (Strikeout means deletion.). A. Sec. 20-473 Building and screening design guidelines. Conforming Amendments: Subsections (d), (e), and (f) of this Section shall be restated as subsections (c), (d), and (e) respectively. B. Sec. 20-489 Building and screening design guidelines. City of Winter Springs Ordinance No. 2002-13 Page 4 of 6 Conforming Amendments: Subsections (d), (e), (t), (g), (h), (i), 0), (k), (1), and (m) of this Section shall be restated as subsections (c), (d), (e), (t), (g), (h), (i), 0), (k) and (1) respectively. Section 3. Repeal of Prior Conflicting Ordinances. All prior conflicting ordinances adopted by the City Commission, or parts of prior ordinances in conflict herewith, are hereby repealed in their entirety. Section 4. Incorporation Into Code. This ordinance shall be incorporated into the Winter Springs City Code and any section or paragraph number or letter and any heading may be changed or modified as necessary to effectuate the foregoing. Section 5. Severability. If any section, subsection, sentence, clause, phrase, word or provision of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, whether for substantive, procedural, or any other reason, such portion shall be deemed a separate, distinct and independent provision, and such holding shall not affect the validity of the remaining portions of this ordinance. Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption by the City Commission of the City of Winter Springs, Florida. ADOPTED by the City Commission of the City of Winter Springs, Florida, ~n a regular meeting assembled on the 13th day of Ma PAUL P. PARTYKA Mayor City of Winter Springs Ordinance No. 2002-13 Page 5 of 6 ATTEST: Andrea Lorenzo-Luaces City Clerk Approved as to legal form and sufficiency for the City of Winter Springs only: ANTHONY A. GARGANESE City Attorney First Reading: April 22, 2002 Second Reading: May 13, 2002 Effective Date: May 13, 2002 City of Winter Springs Ordinance No. 2002-13 Page 6 of 6 CITY Of WINTER SPRINGS STANDARDS FDR SCREENING DUMPSTERS The City of Winter Springs proposes to adopt the follow- Ing Ordinance, as stated be- low: ORDINANCE NO. 2002-13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF WINTER SPRINGS, FLORI- DA, ESTABLISHING MINIMUM STANDARDS FOR SCREENING FROM PUBLIC VIEW NEW AND EXISTING DUMPSTERS REPEALING WINTER SPRINGS CODE SECTIONS 20-473 (C) AND 29-489(c) GENERALLY RELATING TO DUMPSTERS ALONG S.R. 434; PROVIDING AN IMPLEMENTATION SCHEDULE FOR EXISTING DUMPSTERS; PROVIDING FOR SEVERABILITY; INCORPORA TION INTO THE CODE; AND PROVIDING FOR AN EFFEC TIVE DATE. A Public Hearing for the Second Hearing of proposed Ordinance 2002-13 will be held on Mav 13, 2002 at 6:30 p.m. or soon thereafter,at the Commission Chambers, Cltv of Winter Springs Cltv Hall, 1126 East State Road 434, Winter Springs, Flori- da. Interested parties. mav appear at the meeting and be heard regarding this matter. The proposed Ordinance may be Inspected bv Inter- ested parties between 8 a.m. and 5 p.m., Mondav through Frldav, at the Cltv's Clerk's Office at 1126 East State Rood 434, Winter Springs, Florida. For more Informa- tion call (407) 327-1aop 11227. Persons with disabilities needing assistance to partic- Ipate In anv of these pro- ceedings should contact the Emplovee Relations Depart- ment Coordinator, 48 hours In advance of the. meeting at (407) 321-1800 11236. This Is a Public Hearing. If vou de- cide to appeal anv decision made bv the Cltv commis- sion with respect to anv matter considered at this meeting, vou will need a re- cord of the proceedings, and for such purposes, vou mav , need to ensure that a verba- tlm record of the proceed- Ings Is made upon which the appeal Is based. Andrea Lorenzo-Luaces City Clerk May 2, 2002 Before the undersigned authority personally appeared DEBORAH TONEY , who on oath says that he/she is the Legal Advertising Representative of Orlando Sentinel, a dally newspaper published at ALTAMONTE SPRINGS in SEMINOLE County, Florida; that the attached copy of advertisement, being a CITY Of WINTER SPR in the matter of ORD. 2002-13 in the SEMINOLE was published in said newspaper in the issue; of 05/02/02 Court, Affiant further says that the said Orlando Sentinel is a newspaper published at ALTAMONTE SPRINGS SEMINOLE County, Florida, and that the said newspaper has heretofore been continuously published in said SEMINOLE County, Florida, each Week Day and has been entered as second-class mail matter at the post office in ALTAMONTE SPRINGS in said SEMINOLE County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he/she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secu' this advertisement for publication in the said newspaper. The foregoing instrument was acknowledged before me this 3 day of MAY , 2002,by DEBORAH TONEY who is personally known to me and who did take an oath. (SEAL) OFFICIAL NOTARY SEAL JULIA NICHOLS NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO DD054311 MY COMMISSION EXP. SEPT 23, 2005