§ 58.802. Location and Site Development Requirements.

(a)

Location Requirements. All donation bins must be located only upon improved, level, paved surfaces which constitute part of larger developed and occupied non-residential building sites in commercial or industrial zoning districts. No donation bin shall be permitted on any building site that is developed but unoccupied. Each donation bin must be affixed to the paved surface upon which it is located. All sites shall have adequate driveway access and maneuverability to accommodate service vehicles and loading vehicles in accordance with Chapter 61.

(b)

Maximum Number. On a developed and occupied non-residential building site in a commercial or industrial district, a maximum of:

1.

One donation bin on any building site of less than 2 acres;

2.

Two donation bins on any building site of 2—5 acres; or

3.

Three donation bins on any building site of more than 5 acres.

may be permitted as an accessory use in not more than one (1) location, provided the site development standards of this section are met.

(c)

Development Standards. All sites shall meet the following requirements:

1.

If more than one donation bin is located on a property, then all donation bins within the approved location must be arranged side-by-side and may not be separated by more than 12 inches.

2.

The receiving door on each donation bin must be oriented toward the interior of the building site and away from the public right-of-way.

3.

Each donation bin must be enclosed by use of a receiving door or safety chute to prevent vandalism and locked so that the contents of the bin cannot be accessed by anyone other than those responsible for the retrieval of the contents.

4.

No donation bin shall exceed 25 square feet in area nor 7 feet in height.

(d)

Building Site Setbacks. All donation bins must conform to the following building site setbacks:

1.

Setback from any residential use - 25 feet

2.

Setback from any residential zoning district boundary - 25 feet

3.

Setback from any public right-of-way - 25 feet

4.

Setback from any other property line - 5 feet

(e)

Landscaping. No additional landscaping shall be required. However, donation bins shall not encroach on any required landscaping, and no required landscaping shall be removed to install a donation bin.

(f)

Signage. Signage shall be permitted on two sides of the donation bin, provided that one of the two sides must be the front or depositing side. Signage shall be limited to 5 square feet per side and shall only advertise the donation bin's (1) permittee, and (2) if applicable, benefitting organization. Any donation bin operated by a person or entity other than a non-profit permittee must also include the following statement on the depositing side of the bin, not less than two inches (2") high, below the bin chute, in conspicuous and clear lettering at least two inches (2") high, "[Permittee name] is not a charitable organization. The materials deposited in the bin are not re-used by any charitable organization but are instead recycled and re-sold for profit, and are not tax deductible contributions." A permittee's donation bin with a benefitting foundation or organization may also state: "A portion of the proceeds of the sale of the materials deposited in this bin benefits [name of benefitting foundation or organization]." Each donation bin must be clearly marked to identify the name and telephone number of its responsible operator.

(g)

Parking and Travel Aisle Design. No donation bin shall be located so as to occupy or block access to any parking space that is needed to meet the minimum number of parking spaces required by Chapter 61, Part 3C. For attended semi-tractor trailers or other temporary structures, a loading and unloading drive through area shall be provided with a minimum of 3 waiting spaces (including the car being served). One employee parking space shall be provided.

(h)

Outdoor Display or Storage. No outdoor display or storage of materials shall be permitted. The use shall be conducted wholly contained within a structure or building. No processing shall take place on-site.

(i)

Indoor Donation Bins. Notwithstanding any other requirement of this Section, donation bins may be located within a principal building or structure without further review or regulation. Donation bins also may be located within a parking garage provided that all parking and travel aisle design requirements of this Section are met.

(j)

Nuisance Prohibited. The use shall be conducted in a manner so as not to constitute a nuisance with regard to odor, noise, rust, or other environmental effects. Collection facilities must be regularly emptied of their contents so that materials and donations do not overflow. The permittee and property owner shall be individually and jointly responsible for abating and removing all garbage, trash, debris and other refuse material in the area surrounding any donation bin within 72 hours written or verbal notice by the City.

(k)

Responsibility and Liability. The owner of the donation bin, the permittee, and the owner of any private property upon which a violation of these regulations occur may be held individually and severally responsible and liable for such violation.

(l)

Exception for Non-Profit Organizations and Religious Institutions. Notwithstanding the zoning district requirements of this part, any non-profit organization or religious institution that engages in collection of recyclable materials as part of its organizational mission may maintain its own accessory donation bins on its own building site. All such donation bins must obtain zoning approval in accordance with Section 58.801 above and must comply with the location and site development requirements of this Section.

(Ord. No. 2015-33, § 1, 7-13-2015, Doc. #1507131207)