Chapter 9.88 — SCREENING OF OUTDOOR STORAGE AND TRASH ENCLOSURES

The purpose of this chapter is to provide for fences, hedges and walls in other than R1 zones, for the purpose of protecting persons against hazardous conditions, and safeguarding the public welfare by preventing unsightly outdoor storage of materials, equipment and products that devalue the neighborhood and community.

(Ord. 80 Art. V(P)(l), 1984; Ord. 862 § 2, 2022)

A trash enclosure as specified herein shall be provided for all multi-family, office, institutional, commercial and manufacturing uses in any zone, and subject to the following:

• A. Exceptions. The requirement for a trash enclosure shall not apply as to uses where the need is for refuse containers of less than three cubic yards or they are otherwise screened from public view by walls, fences, buildings or planting. Containers of twelve cubic yards or more or compactors with bins of any size shall also be exempt providing the same are painted to blend into the surroundings, and the location thereof does not create a visual nuisance or traffic hazard to the public.

• B. Refuse storage areas may be combined for more than one use, provided the capacity is adequate for all users.

• C. Construction Standards. Trash enclosures shall be of adequate size to contain and obscure from view refuse containers, discarded boxes and other materials required to be screened by this division. Minimum construction standards shall be determined by design review and sound construction methods; provided that the enclosure shall be of adequate size, and shall be properly located for functional use by the user and the disposal company, and the contents shall be obscured from view on all sides and such enclosure shall be built of approved materials compatible with buildings, walls, and surroundings (no wood or chain link except for gates, and no planting).

• (Ord. 80 Art. V(P)(2), 1984; Ord. 862 § 2, 2022)

• A. A fence or wall shall be constructed along the perimeter of all areas considered by the architectural review committee and/or planning commission to be dangerous to health or safety.

• B. Residential Uses. Where side or rear yards or residential uses abut streets, commercially zoned property, institutional uses or undeveloped property, the need for fences, hedges or walls shall be a part of the subdivision and/or design review proceedings, and may be required for the health and safety of occupants of the property involved or the general public. Mobile home parks shall be screened Screen walls shall separate apartment projects from single-family zoned property.

• C. Where otherwise permissible in commercial and manufacturing zones, outdoor display shall be maintained in a clean and orderly manner so as not to be detrimental to adjoining properties or to become a visual nuisance to the general public.

• D. Outdoor storage in commercial zones shall be restricted to areas allowed by design review as compatible with adjoining properties and with view-obscuring walls or fences compatible with good design; providing, that such storage does not violate regulations relating to dangerous materials.

• (Ord. 80 Art. V(P)(3), 1984; Ord. 862 § 2, 2022)

Adequacy of screening shall be subject to architectural and site plan review (design review) per Chapter 9.78 .

(Ord. 80 Art. V(P)(4), 1984; Ord. 862 § 2, 2022)

Properties which do not conform to the provisions of this chapter shall be required to comply within the following periods of time:

• A. For trash enclosures: Persons to whom written notification has been provided of the provisions of this chapter related to trash enclosure requirements shall be provided thirty days from the issuance of said notice in which to submit plans to the city for a building permit to construct a conforming trash enclosure. Construction of a conforming trash enclosure shall be completed within thirty days of the date of issuance of said building permit. If the property cannot accommodate a conforming trash enclosure, an equivalent improvement shall be provided as determined by the city planner.

• B. For outdoor storage areas: One year from the date of official notification of a violation, all uses that come under this regulation shall comply, except:

  1. When a complete change of occupancy or use of a building occurs, the required screening must be constructed as a condition of issuance of a certificate of occupancy; and

  2. All new buildings shall comply as a condition of occupancy; and

  3. When a building permit is issued for remodeling or additions with a valuation of three thousand dollars or more, the required screening may be a part of the required improvements.

• (Ord. 80 Art. V(P)(5), 1984; Ord. 555 § 4, 2002; Ord. 862 § 2, 2022)

Properties which are unable to comply with the provisions of this chapter shall be required to apply for a variance under the provisions of Chapter 9.76 .

(Ord. 80 Art. V(P)(6), 1984; Ord. 862 § 2, 2022)