(A) Appearance of Collection Points. At every commercial and multiple family dwelling collection point which is within 80 feet of a public street, solid waste and recyclable material containers shall be shielded from public view in accordance with City of Albuquerque Solid Waste Enclosure specifications. No commercial collection point shall be on public street right of way unless an appropriate variance is granted.
(B) Selection and Design of Collection Points. Specific points for commercial collection, multiple-family dwelling collection, solid waste storage, and pickup shall be designated by the Mayor, using the following procedure and criteria. A commercial collection, solid waste and recyclable material storage, and pickup point not so approved is unlawful.
(1) Site Plan Submission. A property owner or his agent, whose site will require commercial collection, shall submit an accurate site plan of the whole site for which service is desired to the city's Planning Department. The plan shall be drawn accurately, at a scale adequate to clearly show all the following required data:
(a) Lot lines.
(b) Existing and planned buildings.
(c) Proposed collection points and enclosures.
(d) On the premises or on public right-of-way within 15 feet of the premises - existing and planned sidewalks, curb cuts, drives, parking spaces, landscaping, recreation areas, free-standing signs, poles (e.g., street lights), and other structures, provided that these items may be omitted where not within 15 feet of a street, private drive, or refuse collection point.
(e) On the premises or adjacent to the premises of public right-of-way - fire plugs and bus stops.
(f) Must clearly address residential neighborhoods that are within 40 feet of collection point.
(2) Enclosure Plan Submission. A property owner or his agent, whose site will require commercial collection and/or multiple-family dwelling recycling collection, shall submit a plan of the proposed solid waste container enclosure when the site plan is submitted.
(3) Site Plan Review and Approval.
(a) The Mayor may approve requested locations for commercial collection and enclosures or may require alternative locations. Such alternative locations shall be drawn on the relevant site plan and accepted by the applicant.
(b) The Mayor shall evaluate and select locations for commercial collection according to the following criteria:
1. Collection from public alleys shall be maximized, to the extent that it is consistent with efficient collection routes.
2. Ready, safe access by city vehicles and crews shall be available.
3. View from public street shall be minimized.
4. Distance from residences and outdoor recreation or relaxation areas shall be maximized.
5. Distance from bus stops shall be maximized.
(c) No site plan shall be approved if it is contrary to the provisions of the Integrated Development Ordinance or plans approved thereunder. No site plan shall be approved if it would place a container which is over three feet high in a required front or corner zoning setback area unless such a container was approved prior to October 1, 1985.
(d) No site plan shall be approved if it locates a container on public street right of way unless an appropriate variance is granted.
(e) Commercial collection sites shall be paved with a concrete apron meeting City of Albuquerque Solid Waste specifications for the designated container. However, commercial collection sites approved prior to October 1, 1985, which sites were paved in a way that met the off-street parking requirements of the Zoning Code (§ 14-16-5-5) in effect at the time of the issuance of building permit, are exempt from the concrete-paving requirement if the owner of the property agrees in writing to maintain the paving and hold the city harmless for any damage to the pavement resulting from solid waste collection.
(f) At the time the site plan is submitted, the Mayor shall confirm that commercial service is appropriate as provided for herein.
(g) The site plan approved under this section shall be considered part of the service agreement between the city and the person contracting for the city solid waste collection.
(4) Enclosure Plan Review and Approval. The Mayor shall approve plans for design of enclosures for commercial collection points according to the following criteria:
(a) The barrier shall provide an attractive enclosure between public streets and solid waste containers.
1. While a straight enclosure will usually be sufficient, the Mayor may require up to four sides with a movable gate or door if the Mayor determines that this is necessary to sufficiently diminish the view of the solid waste container from public streets.
2. The height of the enclosure shall be not less than the height of the container which is or will be utilized on the site. This height shall be determined by the Plan Reviewer at the time of site plan submittal for building permit.
3. The location, design, color, and material of the enclosure shall be compatible with the principal building, the use of the site, and the landscaping thereof.
(b) The enclosure shall not interfere with reasonable solid waste collection.
(c) The enclosure shall be so constructed that reasonable wear and tear from solid waste collection should not damage it. The enclosure must meet approved City of Albuquerque Solid Waste Enclosure Specifications.
(d) The enclosure plan approved under this section may be revoked in the event the type, size, or number of containers used at the site changed or in the event that the enclosure is improperly installed or maintained, so that it does not attractively screen the collection site as intended.
(C) Effective Date for Requirement for Conformance to Site Plans; Shielding Collection Points and Removal of Illegal Containers.
(1) Any proposed building or land use which requires commercial collection of refuse, for which a building permit has not been issued or the use began by September 30, 1985 shall be developed and maintained in good condition with refuse collection points in conformance to a site plan submitted and approved according to the provisions of this section.
(2) The owner of real property which requires commercial collection of refuse on which there is a collection point which is not covered by division (C)(1) above, is not required to meet the enclosure requirements of this section unless there is a material change in the premises which effects refuse collection; however, all owners of property with commercial collection are encouraged to comply with this section as to enclosures.
(3) The requirement for removing illegal collection points on public street right-of-way shall be met not later than December 31, 1985 unless immediate compliance is required through coverage by division (C)(1) above, as set forth in division (D)(2) of this section.
(D) Variances. In appropriate cases, the Mayor may grant full or partial variances from the requirement for collection point location or enclosure, specified elsewhere in this section. Variance from §§ 9-10-1-1 et seq. must be applied for in writing by the owner or person in possession of real property which requires commercial collection of refuse.
(1) A variance may be given when the Mayor finds that provision of the normal enclosure:
(a) Would not further the purpose of §§ 9-10-1-1 et seq. due to the limited visibility of the collection site; or
(b) Would result in an arbitrary and unreasonable taking of property or impose undue economic burden.
(2) A variance to allow a commercial collection point on public street right-of-way may be given by the Mayor if he finds that:
(a) There is no feasible location for a collection point on the site;
(b) Commercial type collection is essential; and
(c) The City Traffic Engineer certifies that the location on the public street right-of-way is not a significant traffic or visibility hazard.
(3) The Mayor shall not approve a variance which:
(a) Would result in a condition injurious to public health or safety; or
(b) Is not justified by a weighing of the relative interests of the applicant and the general public.
(4) The purpose of §§ 9-10-1-1 et seq. is served by commercial collection containers readily visible from a public street if:
(a) The area is zoned C-3 Heavy Commercial, M-1 Light Manufacturing, or M-2 Heavy Manufacturing;
(b) The container is near a public street designated as a local street;
(c) The site cannot provide a conforming collection site and/or enclosure without unreasonable expense to the property owner; and
(d) The conditions of the containers will be maintained in good repair and properly painted.
(5) Variances granted shall be based on specific findings, and a written record of such findings and decisions shall be preserved.
(6) More detailed guidelines for granting variances shall be developed by the Mayor as part of the rules and regulations authorized by §§ 9-10-1-1 et seq.
(7) The Mayor may revoke a variance when he finds that there has been a material change in the amount or type of refuse or in the use of the site, such that the variance is no longer justified.
(8) Any interested person may appeal an administrative decision on a variance to the Zoning Hearing Examiner.
(9) The city may by rule adopt fees to pay the city cost of processing such variance requests or appeals.
('74 Code, § 6-3-7) (Ord. 42- 1980; Am. Ord. 71-1984; Am. Ord. 61-1985; Am. Ord. 42-2006; Am. Ord. 2013-009; Am. Ord. 2017-025)