Community Development Department Council Chambers, 7:30 PM, July 16, 2015

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1 STAFF REPORT P: Zoning Chapter Amendment Community Development Department Council Chambers, 7:30 PM, July 16, 2015 To: From: Case: Paul Luke, Chairman, Skokie Plan Commission Steve Marciani, Planning Supervisor Marcello Delfini, Volunteer Planning Intern P: Zoning Chapter Amendment Refuse Collection and Receptacles General Information Petitioner Purpose Skokie Plan Commission To study refuse collection and trash receptacles and any recommended amendments to the Zoning Chapter of the Village Code. STAFF ANALYSIS At its June 4, 2015, meeting, the Skokie Plan Commission had a discussion about litter and a messy appearance in a recently opened commercial development. Commissioner Burman asked Staff to study how other communities determine the need for trash receptacles. The Skokie Village Code already has quite a number of ordinances regarding the regulation of trash, refuse, litter, debris, and receptacles for commercial development. These include requiring that vacant and occupied properties be kept free of trash, prohibiting littering and dumping, containing debris so that it does not blow away or scatter, and keeping streets and sidewalks clean. There is also a requirement that automobile service stations maintain covered trash receptacles at accessible points on the premises. The Zoning chapter requires that food stores, restaurants, and bars patrol the property and clear it of debris at least once during every 4 hours of operation and before opening and closing of the business and that the Health Department determines adequate refuse disposal for outdoor dining areas. The Zoning chapter also requires that all parking areas shall be maintained at all times in broom clean condition. A complete list of the relevant Code sections is attached to this report. Staff contacted Evanston, Morton Grove, Lincolnwood, Wilmette, Arlington Heights, Schaumburg, Oak Park, and Chicago. None of those communities regulate or set a required number of garbage cans for commercial development. Many have similar requirements as Skokie that the site be kept clean and have requirements for dumpsters. 1 of 5

2 Staff also performed an internet search for any requirement that establishes a garbage can standard. Only one was found for Ventura County, California, which requires 1 trash receptacle and 1 recyclables receptacle for the first 20 parking spaces and an additional set for every 80 spaces thereafter. After consulting with the Property Standards, Building and Zoning, Planning, Traffic Engineering, and Environmental Health Divisions, establishing required standards for trash receptacles would be problematic for a number of reasons: 1. There have been instances, even recently at a drive-through facility, that the presence of a garbage can caused more of a nuisance than the problem it was trying to solve, and the Village has required its removal. 2. The presence of a public garbage can collects trash not necessarily produced by the use. For example, it is not uncommon that garbage from a personal vehicle is deposited in receptacles at a gas station. 3. Requiring an increased or specific number of garbage cans can create a hazard in parking lots if they are blown over or hit by vehicles. Collecting a full can in a full parking lot also poses a hazard to vehicles and pedestrians. 4. Receptacles that are durable enough to not blow over are very expensive, ranging from $500-$1400. The trash and recycling containers placed in Downtown Skokie were $1,100-$1,200 each. 5. Having a standard requirement for outdoor dining areas, for instance, could force outdoor trash receptacles to be very close to diners due to small confined spaces. Outdoor trash cans are much more likely to attract flying insects and other pests. 6. Many commercial sites in the Village are size constrained and requiring garbage cans would result in the potential loss of parking or sidewalk space. If the Village Board decides that additional regulation might be necessary, it could choose to amend another section of the Village Code to give the Health Department or Property Standards Division more specific authority to require trash receptacles based on observed need or violations. However, the property owner or user is already responsible to maintain a clean commercial site. Placing a garbage can on a site does not make it clean. Regular patrolling is a more direct solution to the problem. STAFF RECOMMENDATION Staff recommends that the Zoning chapter of the Village Code not be amended to establish trash receptacle requirements at this time. Rather, the Village should continue reasonable enforcement of existing ordinances. ATTACHMENT Skokie Village Code. Regulation of litter, trash, refuse, and trash receptacles as they pertain to retail or commercial development. 2 of 5

3 Skokie Village Code Regulation of litter, trash, refuse, and trash receptacles pertaining to retail or commercial development Nonresidential Vacant Buildings, Owner Responsibilities, Maintenance of Exterior Property Areas (7)(c)6. There shall not be accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, appliances, tires, landscape waste, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed or which create a fire hazard. Newsracks Location and manner of installation; size; advertisements; maintenance; distributor identification. (3) Advertisements; maintenance. d. Each newsrack shall fully enclose and secure the periodicals contained therein so as to prevent the periodicals from potentially littering public property. Public Nuisances 42-35(b)(3) Accumulations of decayed animal or vegetable matter, trash, rubbish, rotting lumber, appliances, tires, landscape waste, bedding, packing material, abandoned vehicles or machinery, scrap metal or any material in which flies, mosquitoes, disease-carrying insects, rats or other vermin may breed or which create a fire hazard or which constitutes potential nuisance (b)(15) Dumping, depositing, or placing any junk, salvage materials, building or excavating equipment, abandoned vehicles, garbage, litter, trash or similar substances upon real property owned by another without the consent of the owner or person in possession of such real property or upon any public property within the Village limits where not otherwise permitted by law. Automobile service stations 50-41(e)(4) Premises shall be kept clean and neat, free from rubbish or trash. Covered receptacles for trash shall be maintained in accessible points on the premises. 3 of 5

4 Solid Waste Preparation of refuse for disposal. All nonputrescible waste materials, including recyclable materials, must be stored in a bag or wrapped, tied or bundled in such a manner that the material will not blow or scatter during the storage period Regulations for premises serviced by Village crews. The following provisions relate to buildings serviced by Village refuse crews pursuant to policies and procedures set forth by the Village's refuse policy: (1) Containers generally. a. All locations serviced by Village refuse crews shall utilize only containers provided by the Village for putrescible waste and recyclable materials. b. All materials placed in containers shall be in compliance with instructions specified on the container or otherwise provided by the Village as prescribed by the Village's refuse policy. Streets and Sidewalks, Refuse and Litter Refuse and litter. (a) Littering generally. It shall be unlawful for any person to throw, cast, lay, discard or place in or upon any public street, alley or sidewalk, other than in a receptacle provided for the collection thereof, any debris, paper, fruit or vegetable rind or peeling, bottle, yard waste, can, or refuse of any nature so as to litter the public way. (b) Sweeping litter into street or sidewalk; duty to keep street and sidewalk clean. No person shall sweep or blow with mechanical equipment into or deposit in any gutter, street, alley or other public places in the Village the accumulation of litter or yard waste from any building or lot, or from any public or private sidewalk and driveway, with the exception of the Village's leaf collection program. Persons owning or occupying property shall keep the sidewalk and parkway in front of their premises free from litter. The owner or person in control of any private property shall prevent any litter deposited thereon from being carried or deposited by the elements upon any street, alley, sidewalk or other public place or upon any private property. (c) Dirt from vehicle wheels. No person shall drive or move any vehicle within the Village, the wheels or tires of which carry onto or deposit in any street, alley, or other public place mud, dirt, sticky substances, litter or similar matter of any kind. (d) Debris falling from vehicles. It shall be unlawful for any person to haul, upon any public street, sidewalk or alley, sand, crushed stone, gravel, ashes, cinders, lime, shavings, waste paper, mortar, earth, rubbish, garbage or any other material that could sift, fall or be blown upon the public ways, unless 4 of 5

5 such material shall be hauled, conveyed and carried in a tight, self-containing vehicle. (e) Removal of litter. If any material shall fall or be scattered in and upon the public way, the person causing such condition shall forthwith pick up and remove the litter from the public way. Food establishments and food services requirements (c) At least once during every 4 hours of operation and before opening and closing of the business, employees shall patrol the property and clear it of debris (e) Outdoor dining. (1) Standard conditions. The following shall apply to all outdoor dining areas: f. Adequate refuse disposal shall exist as determined by the Health Department. Maintenance of parking areas All parking areas shall be maintained at all times in broom clean condition, without potholes, broken wheel stops and/or curbing or other surface irregularities. All landscaping shall be maintained in a flourishing condition, free of weeds and debris, and all dead landscaping shall be replaced. Pavement markings shall be visible at all times, and parking lot signage shall be readable at all times, with the signpost maintained in an upright manner. Compliance is required with all conditions of the Village's private property fire lane sign maintenance program and the Village's designation of private property handicapped parking spaces program. All area lighting shall be maintained in functioning condition. Drainage systems shall be maintained in a free-flowing working condition. It shall be unlawful to alter any aspects of an approved parking lot plan unless approval has been received through the Director of Engineering. 5 of 5

CHAPTER 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES*

CHAPTER 16 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES* *Cross reference(s)--drainage commission, 2-111 et seq.; drainage districts created, 2-114; planning commission shall select and recommend to the