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FIRST PUBLIC HEARING DONATION BIN ORDINANCE

Zoning Division. FIRST PUBLIC HEARING DONATION BIN ORDINANCE. June 3, 2014. Overview. Background Draft ordinance per P&ZC / LPA Staff’s proposed revisions to P&ZC / LPA recommended draft ordinance Board action requested. Background.

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FIRST PUBLIC HEARING DONATION BIN ORDINANCE

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  1. Zoning Division FIRST PUBLIC HEARING DONATION BIN ORDINANCE June 3, 2014

  2. Overview • Background • Draft ordinance per P&ZC / LPA • Staff’s proposed revisions to P&ZC / LPA recommended draft ordinance • Board action requested

  3. Background • October 2013 BCC work session – staff directed to draft ordinance • February 2014 P&ZC / LPA work session on draft ordinance • March 2014 P&ZC / LPA conducted public hearing and continued hearing. • April 2014 P&ZC / LPA recommended approval of draft ordinance with changes.

  4. Background Based on the direction from the BCC, staff drafted an ordinance amending Chapter 38 (Zoning) to address the following concerns: • Proliferation • Site Standards • Signage • Security Requirements • Permitting and Enforcement

  5. Overview (P&ZC / LPA Approved) Proliferation: • Limit to commercial and industrial zoning districts as accessory use • Allow 1 per lot (industry concern) Site Standards: • Adhere to zoning district setbacks • Limit bin to 7’ height and 21 sq. ft. area (industry concern) • Bins shall be structurally sound, clean, well-maintained and emptied regularly (72 hrs.) (industry concern) • Not permitted on unimproved property

  6. Overview (P&ZC / LPA Approved) Site Standards: • Site placement shall be restricted in the following areas: • Required parking areas • Public ROW’s • Drive aisles • Required landscape areas • Sight Triangle • Pedestrian circulation areas • Within one hundred feet (100’) from a residential zoning district (industry concern) Signage: • Signage-limited to two sides (industry concern) • Copy Area-5 sq.ft. per side

  7. Overview (P&ZC / LPA Approved) Security Requirements: • Bin shall be affixed to the surface • Bin shall have a safety chute Permit • Permit required - annual renewal ($27 fee) • Require property owner’s authorization • Tag shall be placed on front or depositing side of bin • Ordinance allows 60 days to acquire permit (existing bins)

  8. Overview (P&ZC / LPA Approved) Enforcement Procedures • Violation of permit conditions shall receive notice and must be corrected within 3 days • Requires Code Enforcement to remove bin and seek reimbursement • Revocation of permit immediately upon notice (no State permit, or business license) • Revocation of permit effective in 10 days for violations of standards, unless appealed to BZA

  9. Staff Recommendation Based on the approved draft (5/7/14) by the P&ZC / LPA, staff has the following recommended revisions: • Definition of Donation Bin – clarify donation bin from special event collections • Delete reference to application fee, there will only be a permit fee • Clarify time to remove debris, etc. to 72 hrs to be consistent with Enforcement section

  10. Staff Recommendation Based on the approved draft (5/7/14) by the P&ZC / LPA, staff has the following recommended revisions: • Signage-Establishes standard identifying language • Revocation-Clarifies process of revocation • Enforcement-Revise language to place burden of removal on applicant & owner instead of County Code Enforcement

  11. BCC Action Direct staff to revise the May 7, 2014 draft ordinance to incorporate staff’s recommended revisions, to be heard at the final adoption public hearing on June 24, 2014 at 2:00 p.m.

  12. Zoning Division FIRST PUBLIC HEARINGDONATION BIN ORDINANCE June 3, 2014

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