Fowler Municipal Code Ch. 9.195 Waste Storage Enclosures

This Chapter establishes standards for the provision and construction of waste storage enclosures, designed to screen waste container(s) from public view, maintain loose debris, and provide a permanent location for waste containers that will not encroach on driveways, parking, or pedestrian and emergency access areas. The intent of these regulations is to comply with State law. (Pub. Res. Code §§ 42900—42911 ["The CA Solid Waste Reuse and Recycling Access Act"].) The term "waste" shall be used in this Chapter to represent refuse, including organic waste, and recyclable materials.

The standards contained in this Chapter shall apply to the following:

A. New Uses and Buildings. For all buildings approved and all uses of land established after the effective date of this Title, waste storage enclosures and individual waste containers shall be provided as required by this Chapter.

B. Modification to Existing Structures and Uses. Whenever an existing building is modified, or a use is expanded such that it creates an increase of more than ten percent (10%) in the number of existing dwelling units for residential projects or more than ten percent (10%) in the existing square footage of commercial or industrial projects, waste container enclosures shall be provided as required by this Chapter.

C. Change of Use. Whenever a new use is established within an existing building and such use is a change in building classification, waste storage enclosures shall be provided as required by this Chapter.

A. Permit Required. Waste storage enclosures proposed or required as part of new or expanded development shall be shown on the submitted site plan and reviewed for compliance with this Chapter as part of the review and approval process for the primary use.

B. Zone Clearance Required. Waste storage enclosures proposed or required separate from new or expanded development shall be submitted for review and approval through the Zone Clearance process in accordance with Chapter 9.105 (Zone Clearance).

The following projects are exempt from waste storage enclosure requirements of this Chapter:

A. Residential Projects of Two (2) Units or Less. Residential projects containing two (2) units or less are not subject to the requirements in this Chapter. Individual waste storage containers are still required.

B. Temporary Uses. Temporary uses shall not be required to provide an enclosure in accordance with this Chapter. Individual waste storage containers are still required.

A. Waste Storage Enclosures. When required in accordance with this Chapter, waste storage enclosures shall be constructed pursuant to the following standards:

1. Location and number.

a. Enclosures shall be provided in accordance with current City standards in a location, or locations, approved by the City Engineer and the City's solid waste provider. The City Engineer, in coordination with, the City's solid waste provider will determine if a site requires multiple waste storage enclosures based on industry standards and the type of use proposed on a given site.

b. Waste storage enclosures shall not be located within the required front or street side setbacks and shall be located to allow access by the waste pickup vehicles.

B. Waste Storage Enclosure Design. The following shall apply to all waste storage enclosures:

1. Gates of waste storage enclosures shall always remain closed, except when the enclosure is being accessed for refuse disposal or pickup.

2. Gates shall not swing into the public right-of-way, not including alleys.

3. Waste bins shall not be visible above the wall.

C. Architectural Treatment. All waste storage enclosures visible from streets or public parking areas shall be constructed and finished to be compatible with the architectural details of the primary structure.

D. Maintenance. The property owner shall keep all waste storage enclosures, including gates, maintained in a clean condition, free of graffiti, in good repair, and in functional order at all times.

E. Individual Waste Bins. When waste storage enclosures are not required in accordance with this Chapter, individual waste bins shall be kept, placed, or maintained so as to not be visible from any public street, except on days designated for waste collection.