In continuing efforts to improve the overall appearance of the City, this amendment is proposed to require that all donation bins which are located in commercial and industrial zoned areas are accessory to an active and open business. The Planning Commission reviewed this amendment at its October 10 and October 24, 2017 meeting, and at its meeting on the 24th, the motion for approval failed with a 2-3 vote and such application was forwarded to the City Council for its consideration. At its November 20th, 2018 meeting, the City Council remanded this proposed amendment back to staff and the Planning Commission to address concerns Council had regarding the number of donations bins allowed per property, their appearances along major corridors, and the enforcement process.
Currently, donation bins may be located in parking lots of closed businesses. In these situations, there is little to no oversight on the donation bin, and has led to donation bins that are filled to capacity, and overflowing onto the ground around the donation bin. This proposed amendment will assist in the City’s effort to improve the overall appearance of the City by providing a level of oversight on these donations bins from open businesses.
Additionally, current code allows for sites of one (1) acre or less to have up to two (2) donations bins, while sites over one (1) acre can have up to five (5) donation bins. This proposed amendment would decrease the total number of allowable bins; allowing no more than one (1) donation bins on sites five (5) acres or less, and no more than two (2) donations bins on sites over five (5) acres. Furthermore, this proposed amendment clarifies that donation bins shall not be placed in the right of way and adds a requirement that they shall be setback a minimum of 100 feet from any right-of-way line.
This amendment also adds a new subsection (14-400-09-F), which gives guidelines for the removal of a non-compliant donation bin. The new revised section would still handle the removal of abandoned and non-compliant donations bins through the city’s enforcement process, however, the responsibility of the removal of the donation bin would now fall onto the donation bin owner, and not the property owner.
Draft Planning Commission minutes are attached to this Council agenda item.