§ 21.301.17  REFUSE, SOLID WASTE, AND RECYCLABLE MATERIALS HANDLING AND STORAGE FACILITIES.
   (a)   Purpose and intent. The City Council finds the generation of waste is a normal and unavoidable part of business and residential activities.  Proper refuse, solid waste, and recyclable materials handling is a function that, to avoid nuisances impacting neighboring properties and the general public, must be included in the design and construction of buildings.  This section establishes minimum standards for storage and handling of refuse, solid waste, recyclable materials, yard waste, organics, and construction debris. This list is intended to be illustrative not exhaustive.  Properly designed storage and handling facilities decrease illegal disposal, enhance employee safety, enhance property aesthetics and decrease the potential for vandalism and unsanitary conditions.  Refuse, solid waste, trash, recyclable materials, yard waste, organics, and construction debris are defined in § 10.04 of this code.
   (b)   Applicability. Upon submittal of a development application or when compliance with this section is required in subsection (f), plans for refuse, solid waste, and recyclable materials handling facilities must be provided for review.  Plans must be based on accurate final site and building plans, at an appropriate scale. The plans must illustrate the location and describe the operation of refuse, solid waste, and recyclable storage activities, including, but not limited to, the capacity of appropriate containers for each type of waste.
   (c)   Storage location.
      (1)   For single-family, two-family, and townhouse dwelling units with individual dwelling unit trash and recyclables storage and pick-up, all residential solid waste materials must be stored within approved containers appropriate for each type of waste that prevent health and nuisance problems.  All solid waste, trash, recyclable materials, yard waste, organics and construction debris must be placed at the assigned collection location no more than 12 hours before and the containers be removed no more than 12 hours after the scheduled collection day. The storage of residential solid waste containers for single family detached homes must be setback 30 feet from any four season living area other than the owner's. Residential solid waste containers must not be stored more than five feet in front of the principal building along any public right-of-way.
      (2)   For multiple family residential units other than those identified in subsection (c)(1), residential solid waste containers must be stored within a fully enclosed space, which must be attached to the principal structure.
      (3)   All commercial and office uses must have storage facilities for solid waste, organic and recyclable materials in accordance with one of the following requirements:
         (A)   Within a fully enclosed space designated for the storage of solid waste, organic and recyclable materials.  All required solid waste, organic and recyclable materials enclosures must be accessible from within the principal building.  The Issuing Authority may waive the interior access requirement when:
            (i)   The proposed solid waste, organic and recyclable materials storage facility is not in conflict with the stated purpose in this section of this code;
            (ii)   The proposed solid waste, organic and recyclable materials storage facility is accessed by separated walkway to the facility that is illuminated in accordance with § 21.301.07 of the city code;
            (iii)   The proposed solid waste, organic and recyclable materials storage facility will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
            (iv)   The proposed location is attached to the principal structure and does not create a hazard for vehicular or pedestrian traffic.
         (B)   Power-operated solid waste, organic and recyclable materials processing equipment when loaded from within the principal structure must be screened from all sides except where access is approved by the Issuing Authority.  Screening must be constructed using building materials consistent in style, color and composition within the materials on the principal building approved by the Issuing Authority.
      (4)   All industrial zoning districts (I-1, I-2, I-3, IP, FD-2, and IT) must have storage facilities for solid waste, organic and recyclable materials in accordance with one of the following requirements:
         (A)   For industrial uses where the solid waste, organic and recyclable materials facilities that are not food preparation or food service uses and are located within 300 feet from a property meeting two of the three following criteria: (1) residential use including multiple family; (2) residential designation on the Comprehensive Land Use Plan; or (3) Zoned R-1, R-1A or RS-1, solid waste, organic and recyclable materials must be within a fully enclosed space designated for the processing and storage of solid waste, organic and recyclable materials. All required solid waste, organic and recyclable materials enclosures must be accessible from within the principal building. The Issuing Authority may waive the interior access requirement when:
            (i)   The proposed solid waste, organic and recyclable materials storage facility is not in conflict with the stated purpose in this section of this code;
            (ii)   The proposed solid waste, organic and recyclable materials storage facility is accessed by separated walkway to the facility that is illuminated in accordance with § 21.301.07 of the city code;
            (iii)   The proposed solid waste, organic and recyclable materials storage facility will not unreasonably harm or restrict public health, safety and welfare or create a nuisance; and
            (iv)   The proposed location is attached to the principal structure and does not create a hazard for vehicular or pedestrian traffic.
         (B)   For industrial uses where the solid waste and recyclable materials facilities that are not food preparation or food service uses and are located greater than 300 feet from a property meeting two of the three following criteria: (1) residential use; (2) residential designation on the Comprehensive Land Use Plan; or (3) Zoned R-1, R-1A or RS-1, solid waste and recyclable materials may be stored outside a building.  Trash, recyclables, and other solid waste storage must be in an approved container and fully screened from adjoining properties and public streets.  Screening must be constructed using building materials consistent in style, color and composition with the principal building; or
         (C)   Solid waste and recyclable materials collection and storage may be outside the building as part of power-operated solid waste or recyclable processing equipment.  The equipment must be screened from all sides except where access is approved by the Issuing Authority.  Screening must be constructed using building materials consistent in style, color and composition with the principal building and approved by the Issuing Authority.
   (d)   Minimum design standards. Solid waste, organic and recyclable materials storage and handling facilities, other than those identified in § 21.301.17(c)(1), must have an exterior design using building materials consistent with the primary structure.  The interior must comply with the following minimum requirements:
      (1)   For all uses other than grocery stores, restaurants or other food service facilities:
         (A)   Doors must be designed to function properly during periods of ice and snow.
         (B)   Bump rails or bollards are required to prevent penetration of the walls by the dumpster or roll-off box.
      (2)   For grocery stores and food service facilities as a primary use:
         (A)   Floors must be covered with quarry tile or equivalent with integral sanitary cove base tile.
         (B)   Interior walls must have a smooth non-absorbent material sealed or finished to withstand frequent cleaning.
         (C)   Bump rails or bollards are required to prevent penetration of the walls by the dumpster or roll-off box.
         (D)   Doors must be designed to function properly during periods of ice and snow.
         (E)   Hose bib with back flow prevention must be provided for cleaning the facility.
         (F)   Floor drains must be connected to the sanitary sewer system.
   (e)   Minimum storage area requirements.
      (1)   The minimum size required for recycling must be provided for each building as set forward in Minnesota Administrative Rules 1303.1500, as it may be amended from time to time.  An additional solid waste area equal to the recycling area requirement must also be provided.  The minimum solid waste storage area may be reduced up to 60% by incorporating a solid waste compacting device or a waste management plan as approved by the Issuing Authority.
      (2)   Other uses in solid waste and recyclable storage rooms unrelated to solid waste and recyclable handling may be located in the rooms only when approved by the Issuing Authority.
   (f)   Existing solid waste and recyclables storage facilities that conform to zoning approvals granted prior to February 5, 2001 and that do not comply with the requirements of this section are considered legally nonconforming and may remain, subject to the following provisions:
      (1)   Solid waste and recyclables storage facilities in compliance with this section are required for any proposal that expands its floor area more than 25%, cumulatively, relative to the floor area in existence as of March 1, 2001.
      (2)   Screening of all solid waste facilities with a fence, wall, landscaping or comparable materials as approved by the Issuing Authority must be installed when:
         (A)   Final site and building plans are approved for expansion where the gross floor area of the addition is less than 25% of a building;
         (B)   Final site and building plans are approved for expansion of a parking lot; or
         (C)   Final site and building plans are approved for alteration of the exterior building materials.
      (3)   When the occupancy group of a site is changed the solid waste and recyclable storage must be modified, as necessary, to comply with the requirements of this section. The occupancy groups of the Uniform Building Code must be used to determine occupancy classification for the purposes of this section.  In multiple tenant buildings, this provision must apply only to tenant spaces where a change is proposed.
      (4)   When a nonconforming use ceases for a continuous period of one year, the solid waste and recyclable storage facilities must comply with this section before any use of the site occurs.
      (5)   Nothing in this section relieves any property of solid waste and recyclable storage requirements that were mandated as a condition of approval for any plan or permit by the City Council before the effective date of this section. The owner of such property may apply to the City Council for removal of the condition and, if the application is approved, comply with the provisions of this section.
      (6)   Additional requirements for nonconformities are set forth in § 21.504 of this code.
(Ord. 2019-2, passed 1-7-2019; Ord. 2020-1, passed 2-24-2020)