No person, property owner, tenant, or occupant of any structure, any land use and/or any land use activity on any lot or parcel in any zone district anywhere in the City of Lakewood shall deposit, place, dispose of, abandon, leave, discard or maintain the internal or external storage of any waste material, including but not limited to solid waste, recyclables and/or organic waste, etc., except as allowed and in accordance with this Part.
The accumulation, abandonment, placement, deposit, disposal, or discarding of solid waste, recyclables, organic waste, and/or any other waste materials on any lot or in any structure or enclosure on a lot located in any zone district shall not be allowed, unless it is done in accordance with the standards listed in this Part. All property owners of any property located in any zone district shall provide a short-term storage area either inside a building or outside in a City-approved trash enclosure structure that complies with City standards for any waste generate on their property by anyone, including tenants in accordance with the provisions of Part 24 of Title IX of this Code.
The Director of Public Works or designee shall determine for each lot and land use in coordination with the City-approved solid waste contractor and/or authorized recycling agent the appropriate method and procedures for the temporary storage and collection of solid waste by the contractor. This shall involve determinations of the required cart/bin capacity, frequency of collection, method, and schedule of collections. This also includes specifying the required collection vehicle access route with driveway construction standards to allow adequate maneuvering and adequate paving to support the weight of the collection vehicle.
The Director of Community Development or designee shall review and determine the appropriate location and design criteria for temporary storage areas of solid waste for all land uses on all lots or parcels in all zone districts. All solid waste storage shall be in City-approved carts or bins stored inside a building storage area or outside in a City-approved trash enclosure, unless zoning allows. No unauthorized bins or carts are allowed to be used for collection. The review shall include requirements for vehicular and pedestrian access to the enclosure, as well as landscaping with a water hydrant and adequate lighting near the enclosure.
Solid waste shall be stored as follows:
A. Trash cans. Trash cans are containers that do not require approval from the City and that are used for the convenient external storage of solid waste and recyclables by property owners, tenants, and occupants for a short time that is no more than one week. Trash cans are typically located in front of stores, in parking lots, and adjacent to outdoor furniture. There shall be a minimum of one trash can per tenant and/or one trash can per 50 parking spaces or a portion thereof. The cans are encouraged to be the type with split storage to allow sorting of solid waste away from recyclables. These containers are provided and maintained by property owners or tenants for the convenience and use of the tenants, customers, and the general public to reduce litter. Trash cans shall be inspected daily during facility operating days and emptied as necessary at least once a week into the appropriate City-approved carts, bins, and/or trash compactors that are sorted by the three main waste streams. Food service facilities shall comply with state law (i.e., AB 827) to allow customers to sort their own waste into appropriate three-stream waste collection containers provided by the facility.
B. Approved carts and bins. All solid waste, recyclables, and organic waste that are to be stored for collection for more than 24 hours inside a building waste storage area or outside in a trash enclosure in any zone district shall be placed and maintained in either a City-approved cart or a City-approved bin, which has an overlapping fly-tight lid and heavy-duty wheels to move the cart or bin around. The lid shall always be secured in place when the cart or bin is not being filled or emptied. A commercial trash compactor may be approved by the City as an alternative to storage in bins for one waste stream per compactor (e.g., solid waste, recyclables, or organic waste). The number, size, type, frequency, and storage purpose of required carts/bins shall be determined by the Public Works Director or designee in coordination with the City-approved solid waste contractor and/or authorized recycling agent. This shall be sufficient for a minimum of a once-a-week collection service. Collection times shall be required to be more frequent if the volume of waste and storage capacity warrants such an increase.
1. Cart storage (Single-Family Residential, Multiple-Family Residential with four or fewer dwelling units and other land uses as approved by the Public Works Director or designee). Carts are durable containers (e.g., heavy-duty plastic) designed to be rolled on attached wheels to curbside pickup locations. All property owners and occupants of single-family residential dwelling units, multiple-family residential complexes with four or fewer dwelling units, and any other land use approved by the Director of Public Works to use cart storage shall store their solid waste, recyclables and organic waste in these approved carts, as follows:
(a) Approved carts may be stored inside a structure or outside in a manner that is not visible from the street, except on the night before, and on the day of the scheduled curbside collection.
(b) No approved cart or other storage device shall be stored in a manner that impedes access to any required alley or other right-of-way, off-street driveway, parking space, garage, carport or internal walkway.
(c) Total waste storage capacity for each dwelling shall be a minimum of fifty (50) gallons collectively per dwelling unit on one property and designed to serve all three waste streams (e.g., Solid Waste, Recyclables and Organic).
2. Bin storage. Commercial, industrial, institutional, and all other land uses not authorized for cart storage are required to have trash bins (i.e., "dumpsters"). These are large, durable containers (e.g., heavy gauge steel) that are designed to be rolled out of a trash enclosure or internal room and be mechanically picked up by a collection vehicle. All property owners and occupants in any zone district of any commercial, industrial, institutional, office, educational, recreational, open space, agricultural or other non-residential land uses, and most multiple-family residential complexes with five or more dwelling units shall store their solid waste, recyclables and organic waste in City-approved bins unless otherwise approved by the Director of Public Works or designee.
(a) Each bin shall have a minimum capacity of three cubic yards for solid waste and recyclables. Organic waste shall have a minimum bin capacity of two cubic yards. If applicable, there are split bins available that store two streams of waste. Each bin shall have an overlapping fly-tight lid that is kept always closed, except when not being accessed for filling or collection.
(b) All bins shall be stored inside a designated waste storage area, inside a building, or in an approved external trash enclosure. No bin shall be stored outside a structure or in a public alley or any other right-of-way, unless specifically approved to do so by the Lakewood Public Works Director (e.g., commercial nurseries) and, if allowed, they shall be fully screened from street views.
(c) This requirement applies to all applicable land uses and zones irrespective of the original date of construction or commencement of the land use.
C. Trash enclosure design. All commercial, industrial, institutional, office, educational, recreational, open space, agricultural land uses, and multiple-family residential complexes with five or more dwelling units shall have designated waste storage areas inside a building or outside in one or more trash enclosures, unless otherwise approved by the Director of Public Works or designee. The following outlines the design standards and operational requirements for Trash Enclosures.
1. Size and number. The required size and number of trash enclosures shall be sufficient to properly enclose all the solid waste, recyclables, and organic waste into approved bins/carts as determined by the Director of Public Works or designee in coordination with the solid waste contractor and/or recycling agent.
(a) The standard trash enclosure is designed to contain three or more bins that are sufficient for the separate storage of solid waste, recyclables, and organic waste streams. The requirements for solid waste storage, recyclable storage, organic waste storage, and any other waste storage, including the frequency of collection for each of these, shall be considered in the design.
(b) One required off-street parking space may be used to accommodate the location of each required trash enclosure.
2. Design and location. The design and location of each trash enclosure shall be approved by the Director of Community Development or designee. The design and location shall assure adequate and convenient access for both pedestrians disposing of solid waste and the City-approved solid waste contractor's collection vehicles. The vehicular path leading to the enclosure shall not require excessive maneuvering and shall have sufficient strength to support the weight of the collection vehicles. The design and construction of the trash enclosure shall conform to the general standards listed below and as shown on the current Trash Enclosure Example handout that is approved by the Director of Community Development and on file with the Community Development Department. The Director of Community Development or designee may approve alternative designs, materials and dimensions, provided they meet the goal of having a fully secured trash enclosure with a rain-proof roof.
(a) Floor design. The trash enclosure floor shall be constructed with concrete and be designed so that it can be swept out and shall be kept in a sanitary condition. The concrete pad and area outside the perimeter of the trash enclosure shall be graded and designed to have storm water runoff flow away from all sides of the trash enclosure and into landscaped areas, if possible. The inside perimeter walls of the enclosure shall be protected by a reinforced concrete curb or similar protection to prevent bins from damaging the interior walls.
(b) Wall design. The trash enclosure walls shall be constructed with reinforced masonry block, decorative block, or other durable opaque material. Alternative designs may use existing building walls and existing perimeter block walls as part of the enclosure. The height of the enclosure wall shall be a minimum of five feet and be sufficient to conceal the contents of the enclosure from ground views, and it may be extended to the height of the required roof. The wall height shall be measured from the finish grade at the doorway of the enclosure. The texture and color of the wall shall blend with the adjacent building.
(c) Security panels. If the trash enclosure walls do not extend and connect to the required roof height; then the area between the trash enclosure wall and the roof shall be secured with welded wire mesh or other material with no more than a two-inch gap. However, chain link fencing is not an acceptable option.
(d) Gate design. All gates and doors shall be constructed of a solid material. The contents inside the enclosure shall not be visible when the gates are closed and shall be designed with sufficient width for collection. All gates/doors shall open outward or slide and be equipped with a self-closing and lockable latch. Staff shall be instructed to ensure that gates are always closed and locked after business hours. The gate shall be constructed of a durable material, color, texture, and design which will blend in a compatible manner with the architecture of adjacent buildings.
(e) Roof design. The roof shall be waterproof and shed storm water so that it flows away from the trash enclosure but lands on the subject parcel. The roof height of each trash enclosure shall be of sufficient height to allow the bin covers to be raised to full height. (e.g., a three-cubic yard bin requires an eight-foot-tall roof).
(f) Landscaping and graffiti protection. Trash enclosure walls shall be covered with one of the following: graffiti-resistant paint, graffiti-resistant sealant, wall climbing vines, and/or other landscaping designed to discourage graffiti. There shall be adequate exterior lighting to illuminate the trash enclosure with sufficient light to discourage vandalism, illegal dumping and scavenging, as well as facilitating any security camera coverage in the area.
(g) Setbacks. All trash enclosures shall be designed and constructed in compliance with the setback regulations of the applicable zone district.
(h) Collection vehicle access path. The collection vehicle access path to the trash enclosure shall adhere to the following and shall be reviewed and approved by the Waste Collection Contractor and Lakewood Public Works staff:
(1) Maximum 100-foot backout drive.
(2) Minimum 42-foot turn radius for any turns.
(3) Minimum 20-foot-high unobstructed clearance in front of enclosure to allow lifting operations.
(4) Minimum 10' x 10' reinforced cement pad in front of the enclosure for bin operations, capable of supporting 20 tons of stationary weight.
(i) Maintenance. Any internal waste storage area or external trash enclosure area shall be required to be continuously maintained in a satisfactory manner with all trash stored inside the authorized collection bins/carts and areas. There shall be no spillover or other external storage of waste allowed. Any waste on the ground needs to be picked up by the property owner or staff, as the waste collection contractor will not. Employees shall be instructed not to overfill bins/carts, to keep the trash enclosure doors closed and to always lock after hours to prevent unauthorized dumping or scavenging. There shall be a water hydrant in close proximity to assist with trash enclosure cleaning
(j) Constant access. Access to the trash enclosure shall always be maintained and not be blocked by vehicles, storage or other obstructions.
D. Additional standards: Mobilehome parks and multi-family residential complexes (five or more dwelling units). The property owner of a mobile home park or a multiple-family residential complex with five or more dwelling units shall provide solid waste storage as follows:
1. Capacity. There shall be a minimum bulk capacity of one cubic yard of solid waste storage in an approved bin for each five (5) dwelling units per each scheduled collection period (e.g., once a week). All bins, carts, and other solid waste storage shall be consistently contained and maintained inside a designated waste storage area within a building or within an approved trash enclosure that complies with current City standards. There shall be no external storage of bins outside an enclosure.
(a) Short-term waste storage area(s) shall be provided for mobilehome parks and multi-family residential complexes within no more than 200 feet of each dwelling unit entry door.
(b) A minimum combined weekly volume of 50 gallons per dwelling unit shall be provided for all waste streams (i.e., solid waste, recyclables, and organics).
2. Approved carts. The Director of Public Works or designee may approve alternative solid waste storage criteria, areas, and collection procedures. If carts are approved by the Director of Public Works or designee, the Property Owner shall provide a storage area for the carts in each dwelling unit. Any required carts shall be stored in a manner that is not viewable from the street or common areas of the complex.
E. Non-conforming trash enclosures and storage practices. All land uses that do not have an approved internal building waste storage area and/or an external approved trash enclosure for waste storage and/or solid waste storage containers and practices that conform to the standards established by this Part are required to bring those enclosures and practices into conformance, as follows:
1. Existing non-conforming trash storage practices. All existing land uses in all zone districts are required to implement the storage and enclosure standards of this Part, on and after the date this ordinance becomes effective. All land uses that are required to have an internal building waste storage area and/or an external trash enclosure for waste storage and currently do not have one installed shall construct compliant facilities within a timeline that conforms to the standards of this Part. No trash bin or cart shall be stored on public rights-of-way, including alleys. No trash bin has been allowed to be stored outside of a building or a trash enclosure since July 1, 1971.
2. Existing non-conforming trash enclosures. All existing land uses that have an existing trash enclosure that does not conform to the standards of this Part shall reconstruct and/or retrofit the existing trash enclosure to properly conform to the standards of this Part and within a timeline that conforms to the standards of this Part.
3. Non-conforming compliance date. All non-conforming trash storage situations and enclosures shall construct, reconstruct, and/or retrofit the required internal building or external trash enclosures storage areas to conform to the standards of this Part within five (5) years of the effective date of this Part 24. This means that the required conforming trash enclosure shall be completed and receive a successful final building inspection prior to the last day of the specified five-year time period.
4. Tenant improvements and new construction. Any new construction and/or tenant improvement requiring a discretionary action by the Development Review Board (DRB) and/or Planning and Environment Commission (PEC) and that does not have a conforming trash enclosure or internal building waste collection storage area shall be required to construct such as part of their construction project.
(a) The mandatory construction requirement shall be implemented as determined appropriate by the Director of Community Development or designee. The construction of the internal waste storage area or external trash enclosure shall be completed before the date of the final inspection of the related tenant improvement.
(b) The Lakewood Community Development Director, in coordination with the Lakewood Public Works Director, may extend these timelines, if they determine that the property owner has documented and justified a sufficient reason for an increased timeline and has proposed an acceptable timeline for completion of construction and compliance.
(c) Failure to comply with these provisions shall result in withholding issuance of a new or an annual renewal of the required business license, until compliance is achieved. Additional code enforcement actions may be imposed to gain compliance.