The intent of this article is to regulate the placement of collection bins within the unincorporated area of Orange County to promote the health, safety, and general welfare of citizens of the County.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16)

As used in this article, the following words or phrases shall have the meaning ascribed to them below unless the context clearly indicates otherwise:

(a)

Collection bin shall mean any stationary or free-standing container, receptacle or similar device that is located outdoors on any property within the county and is used for the collection of donated items, such as clothing, books, shoes or other non-perishable personal property. This term does not include any of the following: (1) a bin used for the collection of donated items associated with a special event, provided the bin is removed when the special event ends, but in no event later than forty-eight (48) hours after being placed at the special event site; (2) a mobile trailer used for the collection of donated items, provided it complies with all applicable ordinances and regulations, including those relating to special events; and (3) a container, for the collection of recyclable materials associated with the Orange County Solid Waste Division.

(b)

Permit shall mean a permit issued by the zoning manager or designee to operate a collection bin pursuant to this article.

(c)

Permittee shall mean the person or entity that owns the collection bin and in whose name a permit to operate a collection bin has been issued under the terms and provisions of this article.

(d)

Property owner shall mean the owner of fee simple title of record or the owner's authorized agent, for the property on which a collection bin is placed.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16; Ord. No. 2023-46, § 88, 12-12-23)

No person shall place, use or operate a collection bin without obtaining a permit pursuant to this article.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16; Ord. No. 2023-46, § 89, 12-12-23)

(a)

An application for a permit shall be made to the zoning division and such application shall include all of the following information:

(1)

A site plan prepared in compliance with Section 38-3(l) and (m) showing the location where the collection bin will be located.

(2)

A drawing or manufacturer's specification of the collection bin and information regarding the size and color of the collection bin.

(3)

The name, address and telephone number of the permittee.

(4)

If the permittee is not the property owner, then a notarized letter of authorization signed by the property owner shall be provided, stating that the property owner gives permission to locate a collection bin on the property.

(5)

If the collection bin is benefiting a nonprofit organization, then written authorization from that organization shall be provided.

(6)

Evidence of any business permits or registrations required pursuant to state and/or local law, such as a Florida Department of Environmental Protection (FDEP) permit as a certified recovered materials dealers, issued pursuant to F.S. § 403.7046, unless the applicant is exempt from F.S. § 403.7046.

(b)

Within thirty (30) days of receipt of a completed application, the zoning manager or designee shall issue a letter to the applicant approving or denying the permit application.

(c)

Upon approval of a permit application, the zoning division shall issue the permittee a tag which shall include the permit number and expiration date. The tag shall be displayed in accordance with Section 38-1769(m) of this article.

In the event the original tag is damaged or otherwise inadvertently removed from the collection bin, the permittee may request a replacement tag for a nominal fee.

(d)

The permit shall be effective for one (1) year from the date of issuance and be subject to annual renewal. The permit shall not be transferrable.

(e)

The permittee shall pay an annual permit fee, no prorations may be allowed for permits less than one (1) year in duration or for permits suspended or revoked pursuant to this article.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16; Ord. No. 2023-46, § 90, 12-12-23)

(a)

A collection bin may only be located in a commercial or industrial zoned district, and only as an accessory use. A collection bin shall not be located on a vacant or unimproved parcel or lot.

(b)

A collection bin shall be limited to a maximum floor area of twenty-five (25) square feet and a maximum height of seven (7) feet.

(c)

A collection bin shall be limited to one (1) bin per parcel or lot.

(d)

A collection bin shall be maintained in good condition and appearance with no structural damage, holes, or visible rust, and shall be repaired or repainted in the event it is damaged or vandalized.

(e)

In addition to the information that is required to be posted pursuant to section 38-1770, signage shall be permitted on two (2) sides of a collection bin, provided that at least one (1) sign shall be located on the front or depositing side of the receptacle, and the total copy area of all signage does not exceed thirty-two (32) square feet. Signage shall only advertise the collection bin's: (1) permittee, and (2) if applicable, benefitting foundation or organization. A collection bin operated by a person or entity other than a non-profit permittee shall include the following statement on the depositing side of the bin: "[Permittee name] is not a charitable organization. The materials deposited in this bin are recycled and sold for profit, and are not tax deductible contributions." The sign shall be located not less than two (2) inches below the bin chute with the conspicuous and clear lettering that is not less than three (3) inches high and one-half (½) inches in width with an ink color that contrasts with the color of the collection bin. A collection bin operated by a person or entity other than a non-profit permittee 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]."

(f)

The permittee shall maintain or cause to be maintained the area surrounding a collection bin free of junk, garbage, trash, debris or other refuse material. In addition, a collection bin shall be emptied at least every seventy-two (72) hours.

(g)

A collection bin shall have a security or safety chute and tamper proof lock to prevent or deter intrusion and vandalism.

(h)

The permittee and property owner shall be individually and jointly responsible for abating and removing all junk, garbage, trash, debris and other refuse material in the area surrounding a collection bin within seventy-two (72) hours of written or verbal notice from the county.

(i)

The permittee and property owner shall be individually and severally responsible for all costs related to abating and removing any junk, garbage, trash, debris and other refuse materials from the area surrounding a collection bin.

(j)

A collection bin shall be located on an improved impervious surface and shall be anchored to such surface.

(k)

A collection bin must meet all required setbacks of the zoning district it is located in, including major street setbacks in Article XV of this chapter. Additionally, a collection bin shall not be located in any of the following areas on a site:

(1)

Required parking spaces;

(2)

Public or private right-of-way;

(3)

Drive aisles;

(4)

Required landscaped areas or bufferyards;

(5)

Intersection and driveway sight visibility triangles;

(6)

Pedestrian circulation areas; or

(7)

Within one hundred (100) feet from a single-family residentially zoned district.

(l)

A collection bin shall not be placed on the site in a manner that impedes vehicular or pedestrian traffic flow or safety.

(m)

The following information shall be clearly and prominently displayed on the exterior of the collection bin:

(1)

The approved permit tag, which shall be placed on the front or depositing side of the receptacle.

(2)

On each side of the receptacle, the name of the permittee, the permittee's logo, trademark or service mark, local physical address, telephone number, e-mail address (if any), and for-profit or non-profit status.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16; Ord. No. 2023-46, § 91, 12-12-23)

The following information shall be clearly and prominently displayed on the exterior of the collection bin:

(1)

The approved permit tag, which shall be placed on the front or depositing side of the receptacle; and

(2)

On each side of the receptacle, the name of the permittee, the permittee's logo, trademark or service mark, local physical address, telephone number, e-mail address (if any), and for-profit or non-profit status.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16)

(a)

The permit shall be issued on a form prescribed by the zoning manager. The permit shall identify the exact location of the collection bin on the property.

(b)

The permit shall not be transferable.

(c)

The permit shall be effective for one (1) year from the date of issuance and be subject to annual renewal.

(d)

The permittee shall advise the zoning manager of any material changes in the information or documentation submitted with the original permit application.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16)

The permittee shall pay an annual permit fee, established by the board of county commissioners and found in the fee schedule. No prorations may be allowed for permits less than one (1) year in duration or for permits suspended or revoked pursuant to this article.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16)

The zoning manager shall have the authority to suspend or revoke a collection bin permit for the following reasons:

(1)

A necessary business permit or state registration has been suspended, revoked or cancelled.

(2)

Failure to correct a violation of this article within three (3) days of receipt of a code enforcement notice of violation.

(3)

The permittee provided false or misleading information on the application which was material to the approval of the permit.

The zoning manager or designee shall notify the permittee in writing whether the permit is being suspended or revoked, and the reason therefore. If the action of the zoning manager is based on subsection (a) or (c), the action shall be effective upon permittee's receipt of the notice. If the action is based on subsection (b), the action shall become effective ten (10) days following permittee's receipt of the notice, unless such action is appealed to the board of zoning adjustment pursuant to this article.

Nothing in this section shall be construed to otherwise limit the county's police powers.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16)

(a)

The zoning manager's decision to deny a permit application or to suspend or revoke a collection bin permit may be appealed to the board of zoning adjustment in accordance with the procedures established in Section 30-43(1) of the County Code. The permittee shall submit a written notice of appeal to the zoning manager within ten (10) days of receipt of the zoning manager's decision.

(b)

The filing of a notice of appeal by a permittee shall not stay an order of the zoning manager to remove the collection bin. The collection bin shall be removed as required by the zoning manager pending disposition of the appeal and final decision of the board of county commissioners.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16; Ord. No. 2023-46, § 92, 12-12-23)

Any person who operates or causes to be operated a collection bin without a valid permit or any person or permittee who violates any provision of this article, regardless of whether the collection bin is permitted under this article, shall be subject to any one (1) or more of the following penalties and/or remedies:

(a)

A violation of any provision of this article may be enforced through the code enforcement process as described in chapter 11 of the Orange County Code and F.S. ch. 162

(b)

Orange County may bring a lawsuit in a court of competent jurisdiction to pursue temporary or permanent injunctive relief or any other legal or equitable remedy authorized by law to cure, remove, prevent, or end a violation of any provision of this article, and furthermore, in the event Orange County removes a collection bin from the public right-of-way, the owner of the collection bin shall be responsible for the cost of removal; and

(c)

A violation of any provision of this article may be punished as provided in section 1-9 of the Orange County Code.

(Ord. No. 2014-16, § 1, 6-24-14)

The owner of the collection bin, the permittee, and the owner of any private property upon which a violation of this article occurs may be held individually and severally responsible and liable for such violation.

(Ord. No. 2014-16, § 1, 6-24-14; Ord. No. 2016-19, § 48, 9-13-16; Ord. No. 2023-46, § 93, 12-12-23)