Loading...
3475 Denmark Ave - Zoning Permits & PlansExterior material shall be of color consistent with the building exterior (grey) and constructed of maintenance free material (composite) kept in good condition. Enclosure is for refuse/dumpster storage that is limited and subject to requirements in City Code Section 10.01 (attached). Storage of refuse may not occur on pervious/grass surfaces. 01/26/2022 Erik Slettedahl 174432 174432 Created: 2021-10-13 15:34:25 [EST] (Supp. No. 30) Page 1 of 5 Sec. 10.01. Storage, deposit and disposal of refuse. Subd. 1.Definitions. The following terms, as used in this section, shall have the meanings stated: A.Garbage means all putrescible wastes, including animal offal and carcasses of dead animals, but excluding human excreta, sewage and other water-carried wastes. B.Refuse means ashes, nonrecyclable glass, crockery, cans, paper, boxes, rags and similar nonputrescible wastes (does not decay or have foul odor), and construction or demolition debris, and wood except when stored as firewood in compliance with section 11.10 subd. 32.C. C.Recyclables means materials that are separated from mixed municipal solid waste for the purpose of recycling, including paper, glass, plastics, metals, automobile oil, and batteries. Refuse-derived fuel or other material that is destroyed by incineration is not a recyclable material. D.Yard waste means leaves, lawn clippings, garden waste, weeds, Christmas trees and prunings up to six inches in diameter or other materials as may be defined by council resolution. E.Residential dwelling means any single building consisting of one through four dwelling units with individual kitchen facilities for each. F.Multiple dwelling means any building used for residential purposes consisting of more than four dwelling units with individual kitchen facilities for each. G.Commercial establishment means any premises where a commercial or industrial enterprise of any kind is carried on, and shall include restaurants, clubs, churches, and schools. H.Association means all cooperative organizations of residential dwelling owners formed for the purpose of joint management of property or services. I.Curbside means the collection point for garbage, yard wastes and recyclables, whereby water tight containers shall be located within the driveway apron or boulevard area behind the street curb and shall not be within the roadway surface area of a street, except where the topography, slope or other impediment of the driveway or boulevard prevent the safe storage of the container and open containers or refuse not placed in containers shall be located not less than three feet from the street or curb. J.Composting means any aboveground microbial process that converts yard waste to organic soil amendment or mulch, excluding winter plant protection coverings less than one foot in height. K.Kitchen waste means rinsed egg shells, coffee grounds and chopped vegetables and fruit remains. L.Construction or demolition debris means waste building materials, packaging and rubble resulting from construction, remodeling, repair and demolition of buildings. Subd. 2.Storage. A.It is unlawful for any person to store garbage or refuse on residential dwelling premises for more than one week. All such storage shall be in watertight, metal or plastic containers of not less than five gallons with tightfitting covers, which shall be maintained in a clean and sanitary condition; provided, that yard waste may be stored in biodegradable bags, and tree limbs must be stored in watertight, metal or plastic containers of not less than five gallons with tightfitting covers or closable plastic or paper bags, and tree limbs must be stored in bundles weighing no more than 60 pounds and no longer than four feet. B.It is unlawful for any person to store garbage or refuse or recyclables on multiple dwelling premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with close fitting covers may be substituted. 174432 Created: 2021-10-13 15:34:25 [EST] (Supp. No. 30) Page 2 of 5 C.It is unlawful for any person to store garbage or refuse on commercial establishment premises for more than one week, or for a shorter period when collection must be made at more frequent intervals to protect the public health or at the direction of the city. It is unlawful for any person to store recyclables on commercial establishment premises for more than one week. Such storage shall be in containers as for residential dwelling premises, except that so called "dumpsters" with closefitting covers may be substituted. D.In residential dwelling areas, storage containers for garbage, refuse and recyclables shall be permitted at curbside or other permitted collection point from 6:00 p.m. of the night preceding collection day until 6:00 a.m. on the day after designated collection day. At all other times, such containers must be stored inside the dwelling unit or garage or at a point behind the front of the dwelling unit or garage. E.Notwithstanding any of the foregoing provisions of this subdivision, it shall be unlawful for any person to store any construction or demolition debris on any premises except in a proper container or enclosure as required herein. Any and all construction and demolition debris shall be stored in a roll-off or dumpster-like container or a wire or other temporary constructed enclosure. Any wire or other temporary constructed enclosure that is used for the storage of construction or demolition debris shall meet the following requirements: (1)Not exceed 160 square feet in area, provided no side of the enclosure shall be greater than 20 feet in length; (2)It shall not exceed five feet in height; (3)It shall be constructed in such a manner that all debris will be adequately maintained if kept within the enclosure; (4)It shall be maintained in good repair and shall not be left at any time in a collapsed conditioned; (5)It shall not be located on an individual lot or parcel for more than six months during any twelve- month period; (6)It shall not be used for storage of any refuse other than construction or demolition debris; and (7)The construction or demolition debris stored within the enclosure shall not exceed three feet in height from the top of the enclosure. The containers and enclosures permitted herein shall be clearly labeled with the name and telephone number of the container owner, on the construction or demolition site. F.Backyard composting. 1.Requirements. No composting shall be permitted except in residential dwelling districts and agricultural districts upon compliance with the following requirements: (a)Yard waste shall be composted within an enclosure with a minimum of three sides or circular, not to exceed a total of 100 cubic feet in volume for the residential lots of 12,000 square feet or less or 150 cubic feet for residential lots with an area of more than 12,000 square feet. The containers shall be of durable material such as wood, plastic, fiberglass, or metal fencing material; (b)Only yard waste, sawdust, wood ash, straw, kitchen wastes, which have been placed initially in the center of the compost pile, and commercially available compost ingredients to accelerate composting may be placed in the compost enclosure; (c)No meat, bones, fat, oils, dairy products, food other than kitchen waste as defined in subdivision 1, subparagraph K, synthetic fibers, human or pet waste, or diseased plants shall be placed in the compost enclosure; 174432 Created: 2021-10-13 15:34:25 [EST] (Supp. No. 30) Page 3 of 5 (d)Compost shall be properly maintained to minimize odor generation and to promote effective decomposition of the materials; and (e)The compost enclosure shall be located behind the residential dwelling and shall not be within 30 feet of any habitable building, 30 feet of a public right-of-way, and five feet of any property line. (f)The compost enclosure must be located above the 100-year high water level for the closest adjacent pond. G.Noncompliance. Any violation of or failure to comply with any of the provisions of this subdivision shall constitute a public safety and health hazard and is declared to be a public nuisance. The abatement of the public nuisance shall be in accordance with this chapter. Subd. 3.Deposit. It is unlawful for any person to deposit garbage or other refuse from any source, in any place other than a licensed solid waste facility or county-designated facility. It is unlawful for any person to deposit recyclables or yard waste from any source in any place other than a licensed recycling facility or yard waste processing facility or use other than proper disposal methods as approved by the council. Subd. 4.Fire danger. It is unlawful for any person to store, deposit or dispose of any garbage or other refuse which is in flames or heated to the point where it could cause danger of fire in other refuse. Subd. 5.Disposal. A.Sanitary landfill. The council may, by resolution, adopt and from time to time amend, adjust and revise such rules, regulations, rates and charges as it deems necessary or proper for the operation and management of a licensed sanitary landfill. It may give notice of any such action as it deems necessary. B.Garbage and refuse collection. Every household in residential and multidwelling districts and all commercial establishments shall have garbage and refuse collection. Such collection must be made by a garbage and refuse hauler that is licensed with the city, except commercial establishments and households in a residential district need not contract with a licensed hauler when it hauls its garbage and refuse from its own property and complies with the standards defined in section 6.37, subdivision 3 of the City Code or provided the garbage and refuse is disposed of in an environmentally sound manner. Subd. 6.Joint management hauling contracts. Occupants of residential dwelling properties jointly managed by associations or others shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any residential dwelling association or other residential dwelling joint management entity to negotiate, execute or maintain a contract for residential garbage or other refuse collection unless it includes as a part of that contract or as part of a separate contract weekly collection of recyclables occurring on the same day as their refuse collection. A.Occupants of multiple/residential dwelling properties managed by associations or other management entities shall have the same opportunity to recycle afforded to occupants of other residential dwelling units. It is unlawful for any multiple/residential dwelling association or other multiple/residential dwelling joint management entity to negotiate, execute or maintain a contract for multiple/residential garbage or other refuse collection unless it includes as a part of that contract or as part of a separate contract a minimum of weekly collection of recyclables. Subd. 7.Adoption of the Dakota County Solid Waste Management Ordinance No. 110 requirements in part. A.In compliance with Dakota County Ordinance No. 110, entitled "Solid Waste Management," adopted November 26, 2019 by the Dakota County Board of Commissioners, the requirements set forth in this Subdivision shall apply within the city. 174432 Created: 2021-10-13 15:34:25 [EST] (Supp. No. 30) Page 4 of 5 B.The words and terms used in this subdivision shall have the meanings as defined in Dakota County Ordinance No. 110, specifically including the following: generator; multi-unit residential building; dwelling unit; municipal solid waste; mixed municipal solid waste; recycling; recyclables; designated list of recyclables; organics; designated list of organics; large event venue with organics; trash; recycling facility; solid waste abatement messaging. C.Multi-unit residential building owners and managers who provide and manage municipal solid waste through a common contract shall: 1.Ensure recycling service is provided to all residents. 2.Comply with the requirement set forth in clause D(3)—(6) herein. 3.Provide recycling containers with a weekly service capacity of at least 0.1 cubic yards per dwelling unit. 4.Ensure that the collection schedule and container capacity are sufficient to contain all the recyclables collected and organics (if collected) from the building and public spaces and to prevent overflowing containers. D.Property owners, managers, and event sponsors of large event venues with organics shall: 1.Effective January 1, 2021, ensure the designated list of recyclables are collected for recycling. 2.Provide a collection schedule and containers adequate to meet the requirements of this Clause D.Container locations must include but are not limited to: indoor and outdoor locations, public spaces, private spaces, and communal spaces. 3.Ensure all trash collection containers or collection chutes are co-located within ten feet from a recycling container or recycling chute. Each container or chute must have equal access. 4.Ensure all trash, recyclables, and organics collection containers are clearly labeled or marked consistent with the Dakota County Environmental Resources Department's solid waste abatement messaging including: a.Indicates which materials are acceptable in designated containers by using the term "trash" or "recycling" or "recycle" or "organics." any other waste types must be clearly labeled with materials accepted. b.Shows images of acceptable materials. c.Is color-coded: blue for recycling; green for organics; and, gray or black for trash. d.Is visible and legible to users. e.Includes preparation instructions where applicable, Any container sign or label that is damaged, faded, illegible, or when images or text conflict with the designated list of organics or the designated list of recyclables shall be promptly replaced. 5.Ensure all trash is delivered to a facility licensed or permitted to accept the waste, recyclables are delivered to a recycling facility, and organics are delivered for food recovery or to a composting facility or anaerobic digester. 6.Provide solid waste abatement messaging in print or electronic form to each employee, tenant, multi-unit resident, student, volunteer, and housekeeping and custodial contractors. Messaging must be documented and follow the solid waste abatement messaging published on the Dakota County website and occur: a.At least annually; 174432 Created: 2021-10-13 15:34:25 [EST] (Supp. No. 30) Page 5 of 5 b.Within 30 days of any substantive change to generator's waste program; and c.Within 30 days of a new hire or new tenant. (Code 1983, § 10.01, eff. 1-1-83; Ord. No. 94, 2nd series, eff. 12-15-89; Ord. No. 137, 2nd series, eff. 5-15-92; Ord. No. 223, 2nd series, eff. 9-12-96; Ord. No. 264, 2nd series, eff. 8-13-98; Ord. No. 296, 2nd series, §§ 1, 2, 7-27-00; Ord. No. 375, 2nd series, § 1, eff. 3-25-04; Ord. No. 433, 2nd series, § 1, eff. 11-6-08; Ord. No. 505, 2nd series, § 1, eff. 5-15-2012; Ord. No. 522, 2nd series, §§ 1, 2, eff. 7-2-2013; Ord. No. 594, 2nd series, § 1, eff. 12-7-2020) Cross reference(s)—Municipal and public utilities, ch. 3. State law reference(s)—Waste management, Minn. Stats. ch. 115A. 174432