Waste Storage Requirements

On October 20, 2021, the Town Council adopted Ordinance No. 21-12, Relating to Solid Waste and Recyclables Screening, which requires screening of waste storage areas of all non-residential properties to be screened effective November 1, 2022. This page is intended to provide general guidance on these required enclosures. For specific information relative to individual properties, please contact planninginfo@cutlerbay-fl.gov. 

Waste Storage Enclosures

Section 3-102(10)(a) of the Town's Land Development Regulations provides general information on centralized storage of solid waste and recyclables for non-residential properties. These standards include:

• An enclosure constructed to generally match the building materials of the primary building.
• Height of any enclosure must be taller than the storage container, but may not exceed the height of the primary building. 
• The exterior walls of any enclosure must be screened with landscaping materials measuring six (6) feet in height at the time of planting.

Additionally, any enclosures proposed must meet the following standards:

• All waste storage enclosures must comply with the Florida Building Code. 
• All waste storage enclosures must constructed on opaque materials to block the storage containers from view from both on- and off-site. 
• Waste storage enclosures must be constructed with a locking gate, and such gate must remain closed and locked at all times with the exception of active refuse placement within the waste storage container or collection by a licensed franchisee.
• Waste storage enclosures may not be constructed within any required front-yard area or between the public right-of-way and the facade of a structure. 

Maintenance and Operation Requirements

In addition to the enclosure requirements above, the Town Code requires ongoing maintenance of waste storage enclosures, areas, and containers for compliance with local regulations. 

Maintenance

• Waste storage enclosures must be maintained in working order and reasonably free of defects. This includes fences, gates, and any other elements of the enclosure (Sec. 3-155(h)).
• Property owners and businesses are required to maintain exterior areas of properties free from accumulation of debris, junk, garbage, or trash (Sec. 3-155(k)). No materials may be deposited in a waste storage enclosure outside of a properly permitted waste storage container.  Overflowing waste storage containers or loose debris within a waste storage enclosure is considered in violation of this Section and will be cited accordingly. 
• Waste storage enclosures are considered accessory uses which serve the primary use on a property. As such, these areas are required to be kept reasonably clean and sanitary, free from rodents, insects, and vermin (Sec. 3-155(l)). Any waste storage area or enclosure found to be in a condition conducive to creation of a rat harborage is considered in violation of this Section and will be cited accordingly. 
• Required landscape screening must be maintained in a neat and healthy condition, any dead or damaged landscaping must be replaced to maintain compliance with the Town Code (Sec. 3-155(i), (j)).

Operation

• Any hauler of solid waste which collects waste within the Town of Cutler Bay is required to obtain a Franchise from the Town's Department of Finance (Sec. 28-21).
• All waste storage containers must be maintained in a clean, and sanitary manner, and must be sanitized and maintained on a regular basis. This includes keeping containers free of jagged or sharp edges or inside parts which could prevent the free discharge of waste into a collection vehicle (Sec. 28-27(d), (e)).
• Waste storage containers must be emptied at a minimum of twice weekly, unless more frequent pick-ups are required by the Town Manager to protect the health, safety, and welfare of the community (Sec. 28-27(g)).
• During collection of waste, franchisees are not permitted to create litter. Leaking, spilling, or blowing of waste is prohibited and all waste shall be placed in containers in such a manner as to prevent such spillage. The franchisee and business being served are responsible for the prompt clean-up of any spillage created in the collection or hauling of waste (Sec. 3-155(k), Sec. 28-27(h)).