Linden City Zoning Code
§ 31-20.26
Clothing Donations Bins.
[Ord. No. 57-04; Ord. No. 57-19; Ord. No. 58-80]
a.
Purpose. The City of Linden has determined that it is necessary to regulate the placement of clothing bins to ensure that the placement and use of such bins promote the public welfare of the community. In the past, clothing donation bins of questionable origin and purpose have been proliferating throughout the City of Linden, some of which appear to be associated with for-profit entities. Furthermore, clothing donation bins have been placed on private and municipally owned properties without authorization of the respective property owners and many clothing donation bins are not regularly collected, overflow and become depositories for discarded items or other uncollected refuse.
b.
Definitions.
1.
CLOTHING DONATION BIN -- Shall mean any receptacle or container no larger than six (6) feet in width by six (6) feet in height made of metal, steel, or any other similar noncombustible material designed or intended for the collection and temporary storage of donated clothing or other materials, but excluding wood, cardboard, and similar materials.
c.
Minor Site Plan Approval and Permit Required. Notwithstanding any other provision of law to the contrary, no person shall place, use or employ a clothing donation bin, within the City of Linden, for solicitation purposes, unless:
1.
They have obtained minor site plan approval and a permit issued by the City Clerk.
d.
General Requirements.
1.
Clothing Donation Bins. Clothing donation bins may be placed on City-owned property, on nonresidential property in the C-1A, ED and the C-2 (100) districts, subject to the following conditions:
(a)
Minimum lot area: 3 acres.
(b)
Donation bins shall be devoted for nonprofit purposes.
(c)
Clothing bins shall be located a minimum of 100 yards from any place that stores large amounts of, or sells, fuel or other flammable liquid or gases.
(d)
Except on City owned property, a maximum of two (2) used clothing bins, placed in a manner that they abut on another, are permitted.
(e)
The bin(s) shall be appropriately located so as not to interfere with circulation sight triangles, on-site circulation and existing landscaping.
(f)
All clothing bins must be located in such a manner that they do not reduce the number of parking spaces required for the property below the minimum number of parking spaces required either by application of the parking requirements under the Zoning Ordinance, by a previously granted variance, by developer's agreement, or otherwise.
(g)
The licensee shall arrange for the pickup and emptying of the contents of all bins permitted herein at least once per week so that it does not overflow, resulting in used clothing being strewn about the surrounding area.
(h)
The bin(s) shall be accessory to an existing nonresidential use. The placement of clothing bins shall be such that they meet the minimum setback requirements for all accessory structures within the zone in which they are being placed, and otherwise meet all other zoning requirements for accessory structures within the zone in which they are being placed. All such clothing bins are encouraged to be painted in earth tone colors of gray, black, green and brown so as to be unobtrusive to the neighborhood.
(i)
There may be no more than three (3) lots within any one (1) zone upon which clothing bins may be placed, and clothing bins may not be placed upon any lot within one thousand (1,000) feet of a lot upon which one (1) or more clothing bins exist.
(j)
The City Clerk or his designee shall refer each application to the Zoning Officer, which shall be responsible to confirm compliance with this ordinance by each owner of a clothing bin.