§ 33-8.1. Location and screening of commercial containers.

(a)

No owner, occupant, or person in control of property shall suffer or permit the placement of a commercial container, or other refuse storage facility in any of the following:

(1)

In the open space between a building face and adjoining public right-of-way extending across the entire width of a lot or tract [the area commonly called the front yard or side yard];

(2)

On curbs or in the public right-of-way;

(3)

In a fire lane;

(4)

In a required parking space;

(5)

In any location that blocks vehicular or pedestrian traffic;

(6)

To obstruct drivers' sight lines at intersection of streets and driveways; or

(7)

To interfere with utilities.

(b)

The owner, occupant, or person in control of property who suffers or permits the placement of a commercial container or other refuse storage facility, other than publicly accessible commercial container solely for collection of recyclable paper, shall screen the commercial container as follows:

(1)

Enclosure.

a.

If the commercial container is located in front of a building line, in a location visible from view of a public street or an adjoining single-family or public property, then on three (3) sides with a wall constructed of masonry, brick, stone, 24-gauge prefinished architectural metal panel, cementitious fiberboard, or similar material and approved accent materials stated in section 52-35c; or

b.

If the commercial container is located behind the building line or building, in a location visible from view of a public street or an adjoining single-family or public property, then on three (3) sides with a wall constructed of:

1.

Masonry, brick, stone, 24-gauge prefinished architectural metal panel, cementitious fiberboard, or similar material and approved accent materials stated in section 52-35c; or

2.

Stained cedar board-on-board fencing with six-inch-wide boards, three (3) runners, and a stained cedar cap rail. The fence shall be restained on a regular basis to maintain the original stained cedar color and the integrity of the cedar board; or

c.

If the commercial container is on property that is zoned for retail uses and placed as far from the public street as practical and there is no physical location behind the building for the commercial container, then screening must be constructed in accordance with the requirements provided in subsection (b)(1)b.

d.

If the commercial container is on property that is zoned for industrial uses and placed as far from the public street as practical, then screening is not required; however, any screening must be constructed in accordance with the requirements provided in subsection (b)(1)b.

e.

If the commercial container is behind a building and in a location not visible from view of a public street or an adjoining single-family or public property, then screening is not required; however, any screening that is constructed must be in accordance with the requirements provided in subsection (b)(1)b.

(2)

Gate.

a.

If screening is required by subsection (b)(1)a., then on the fourth side with double swing, blind gates constructed of wood or metal with stop pins or rods and corresponding holes drilled into the approach and pad to keep the gates open during the emptying process and securely closed at all other times; or

b.

If screening is required by subsection (b)(1)b. and the fourth side is visible from view of a public street, then on the fourth side with double swing, blind gates constructed of wood or metal with stop pins or rods and corresponding holes drilled into the approach and pad to keep the gates open during the emptying process and securely closed at all other times.

(3)

Height. Any screening wall and/or gate constructed in accordance with this subsection shall be at least one (1) foot higher than the commercial container it surrounds, but in no instance shall the screening wall and/or gate be shorter than four (4) feet or higher than nine (9) feet.

(c)

The owner, occupant, or person in control of property who suffers or permits the placement of publicly accessible commercial containers solely for collection of recyclable paper shall be limited to no more than two (2) bins per lot or parcel, placed as far from the public street as practical. If such property abuts a single-family residential property, the owner, occupant, or person in control of the property shall provide a screen as described in subsection (b)(1) on the side adjacent to the residential property.

(d)

The owner, occupant, or person in control of property shall provide and maintain a pad and approach for each commercial container that consists of five (5) inch, two thousand five hundred (2,500) P.S.I. concrete with #3 rebar on twenty-four-inch centers or six (6) inches by six (6) inch wire mesh reinforcement, or asphalt of comparable strength, or other approved paved surface.

(e)

It is an affirmative defense to this section that:

(1)

The commercial container is located behind a building and is not visible from a public street or adjoining single-family or public property;

(2)

The commercial container is for the temporary purpose of disposing of waste generated during the time of an active building permit for the demolition or construction of improvements on the property upon which the commercial container is located;

(3)

The commercial container was placed by or upon written authority of the director of solid waste services on a temporary bases; or

(4)

The commercial container is a part of a City of Irving attended full service drop off recycling center.

(f)

Applicability.

(1)

This section shall apply to all commercial containers in the city after the effective date.

(2)

All commercial containers currently in the city shall be moved to a location in compliance with this section no later than sixty (60) days after the effective date.

(3)

All commercial containers shall be screened in compliance with this section no later than December 31, 2011.

(g)

Modification procedures.

(1)

A person may obtain a modification to this section only through an application to and written permission from the director of planning and inspections.

(2)

A modification to the provisions of this section may be granted in the following areas:

a.

Setback regulations; and

b.

Location requirements.

(3)

A modification shall not be granted to relieve a self-created or personal hardship, nor shall it be based solely on economic gain or loss. In order to grant a modification to the provisions of this section it must be determined that:

a.

The requested modification does not violate the intent of this section;

b.

The requested modification will not adversely affect surrounding properties;

c.

The requested modification will not adversely affect public safety; and

d.

Special conditions exist which are unique to this property which make compliance with the regulation extremely difficult.

(Ord. No. 2008-8992, § 3, 11-20-08; Ord. No. 2010-9215, §§ 1, 2, 10-21-10; Ord. No. 2017-9981, § 1, 9-21-17 )