Update:
This ordinance was reviewed by City Council on February 6, 2018 (first reading) when it was approved and February 20, 2018 (second reading) when it was denied. At the conclusion of the second reading, Council members requested that donations be banned in the City. The City Attorney has reviewed case law regarding donation bins. He recommends that bins be regulated under the development standards set forth in the ordinance, instead of banning them.
The proposed ordinance creates a new section in the Land Development Code regulating donation bins. Bins have been placed in various locations throughout the City without any oversight or permission. Often items are left outside of the donation bin creating an unattractive “dumping” site. This draws other people to leave unwanted items in its vicinity. Donation bins are typically located are in highly visible, high-traffic locations like shopping center parking lots. Others may be on unpaved areas in close proximity to road shoulders. This ordinance is aimed at preventing the blighting impacts that can accompany the use of bins.
The ordinance mirrors similar regulations that were approved by Pasco County a year ago. It requires recyclers to obtain written approval from the landowner, submit a site plan showing the bin location and information on when the bin will be emptied and how it will be maintained. As proposed, donation bins would be permitted on developed commercial and industrial properties. Bins will be prohibited on rights-of- way or public easements, and on developed but unoccupied sites. Bin doors must face away from the public right-of-way and must be locked to discourage vandalism. They many not block required parking spaces. No outdoor display or storage of materials, or donated or deposited items, associated with any donation bin shall be allowed. Bins must be maintained so they do not become a nuisance.
The ordinance would be in effect in 180 days. This will allow Staff time to educate businesses about the new regulation and give them adequate time to comply.
Compatibility with Comprehensive Plan:
The proposal is consistent with the following Comprehensive Plan objectives and policies:
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Future Land Use Element Objective 1.3 - Design commercial development that is compatible with environmental and economic resources, enhances access and circulation, results in a positive and attractive built environment and will be in keeping with the needs and character of the community.
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Livable City Element Objective 3.10 – Create and maintain aesthetically pleasing street rights-of-way in partnership with adjacent properties.