Trying to avoid another stink

City introduces composting rules; proposals come after last year’s odor complaints

In an attempt to prevent a repeat of last year’s headache stemming from a stinky composting pile that raised the ire of neighbors, Yuma has introduced new rules regulating composting within city limits.

After a public hearing on Monday, the Planning and Zoning Commission, by a 4-0 vote, recommended amending the city code to add the proposed rules. The City Council will next consider the proposed changes, which includes a nuisance clause that calls for suspending composting sites that create “malodorous conditions” or fire/health hazards as determined by the city.

For about six months last year, from November to April, residents of the area between South Avenue 5E and South Avenue 6E complained about the stench coming from the composting pile on one of the neighboring properties. The property owner reportedly created a large composting pile by taking in truckloads of rotting vegetables. Composting, as described by the city, is the process of converting food scraps and/or plant and yard materials to a usable fertilizer or mulch. It involves decomposition of the materials by layering, aerating, moistening, turning and managing them.

City spokesman Dave Nash said that the composting operator did not have a business license and when contacted by the city, proceeded to “game the system” by ignoring warnings and deadlines. The city took the property owner to court, however, it still took about six months to stop the composting, Nash said.

City Administrator Greg Wilkinson told KYMA TV: “(Composting is) not al-

lowed in there and the owner fully admits he didn’t know what he was getting into and it’s been a big mistake. We have on the code enforcement side, we have cited him. He has been cited multiple times. In fact he has gotten many letters.”

A resident of the area, Kevin Tunell, who is also communications director for Yuma County, applauded the city for the proposed rules. The only citizen to speak during the public hearing, Tunell said he and his neighbors were “held hostage” from winter to spring, unable to step outside their homes due to the “very bad” odor coming from the composting pile.

“We continually heard it was going to be removed month to month,” he said, then asked whether the new rules would allow enforcement officers to stop nuisance composting in a “reasonable time.”

Community Development Director Laurie Lineberry said the city is also in the process of updating the property maintenance code and one of the changes involves shortening the compliance time frame from 60 to 30 days.

Jennifer Albers, a principal planner for the city, explained that the code currently does not recognize composting as a use. The proposed rules recognize backyard, large and agricultural composting.

BACKYARD COMPOSTING

The proposed rules limit backyard composting sites to no more than five cubic yards in residential districts and as an accessory use to a community garden. These composting containers could not be located within the front yard setback nor closer than 5 feet to any rear or side property.

Backyard composting containers could not be closer than 20 feet to any home, except a home on the property at which the compost container is located, and must be located and designed so that seepage from the compost would not run off into public or private streets, storm sewers, drainage ditches, stormwater basins or neighboring properties.

All composting must be done in a container constructed of wood, wire mesh or concrete block, or a combination thereof, or in a commercially available compost bin designed for composting organic materials. The maximum height of the composting container would be 5 feet.

At the request of the Marines Corps Air Station Yuma, composting containers could be located within the Airport Overlay District Zones 1, 2 and Clear Zone nor the Runway Approach Departure Safety Area/Airport Industrial Overlay Districts.

LARGE COMPOSTING

A large composting site would be allowed as a conditional use in the agricultural and light and heavy industrial zoning district on three or more contiguous acres with no more than 120 cubic yards of composting materials.

No composting activity could be located within the front yard setback or closer than 10 feet to any rear or side property. Composting could not be done closer than 1,000 feet to any property that is zoned residential or used for a residence, except the dwelling on the property at which the compost activity is located.

Seepage from the compost could not be allowed to run off into public or private streets, storm sewers, drainage ditches, stormwater basins or neighboring properties. All composting must occur in a controlled manner to minimize the creation of nuisances, and materials must be managed “in a safe, secure and sanitary manner.”

Again, at the request of the Marines Corps Air Station Yuma, large composting could not take place within the airport overlay districts previously mentioned.

AGRICULTURAL COMPOSTING

Agricultural composting sites would be required to be on five or more contiguous acres and be subject to state law requirements. In addition, an agricultural composting operation would need to notify the Yuma Fire Department in writing of the location of the composting operation.

Agricultural composting could not be conducted within 1,320 feet of an existing home, unless the operations are conducted on farmland or land leased in association with farmland.

Also in this case, agricultural composting would not be allowed within the airport overlay districts.