Overland City Zoning Code
ARTICLE XIX
Unattended Donation/Collection Boxes
Section 400.1050 Purpose.
[Ord. No. 2023-12, 6-26-2023]
The purpose of this Article is to promote the health, safety, and/or welfare of the public by providing minimum blight-related performance standards for the operation of unattended donation/collection boxes (UDCBs). This includes establishing criteria to ensure that material is not allowed to accumulate outside of the UDCBs, the UDCBs remain free of graffiti and blight, UDCBs are maintained in sanitary conditions, and residents and/or users are fully informed of those who operate the UDCBs so that they can be contacted if there are any blight-related questions or concerns.
Section 400.1055 Conflicting Provisions.
[Ord. No. 2023-12, 6-26-2023]
Where a conflict exists between the regulations or requirements in this Article and applicable regulations or requirements contained in other Chapters of the City of Overland Code of Ordinances, the applicable regulations or requirements of this Chapter shall prevail.
Section 400.1060 Violation.
[Ord. No. 2023-12, 6-26-2023]
Failure to comply with any of the provisions of this Article is declared to be prima facie evidence of an existing violation, a continuing blight and a declared public nuisance and shall be abated by the Director or his/her designee in accordance with the provisions of Chapter 225. Any person in violation will also be subject to administrative penalties, citations, civil action, and/or other legal remedies available to the City.
Section 400.1065 Responsibility.
[Ord. No. 2023-12, 6-26-2023]
The parcel owner and the UDCB operator ("operator") have joint and several liability for blight-related conditions and/or compliance with this Article and Chapter 225, including fees, administrative citations, civil actions, and/or legal remedies relating to a UDCB. The parcel owner remains liable for any violation of duties imposed by this Article even if the parcel owner has, by agreement, imposed on the operator the duty of complying with the provisions of this Article.
Section 400.1070 Definitions.
[Ord. No. 2023-12, 6-26-2023]
For purposes of this Article the following definitions shall apply unless the context clearly indicates or requires a different meaning:
ACCESSORY ACTIVITY
An activity that is incidental to, and customarily associated with, a specified principal activity.
AGENT
A person who is authorized by the parcel owner to act on their behalf in filling out all required forms of the parcel pursuant to this Article. A person who is given general authorization to act on the behalf of a parcel owner for various activities and transactions in regard to a property may be considered an agent.
BLIGHT or NUISANCE
A UDCB that is dilapidated, physically deteriorating, unsafe, unsanitary, marked with graffiti, or generally unkempt as to constitute a threat or nuisance to the public.
CITY
The City of Overland, Missouri.
DIRECTOR
The Director of the Department of Community Development.
DONATED/COLLECTED MATERIAL
Salvageable personal property, such as clothing, shoes, books and household items that are collected for periodic transport off-site for processing or redistribution or both.
PARCEL OWNER or PROPERTY OWNER
The owner of real property on which a UDCB is or is proposed to be placed.
PRINCIPAL ACTIVITY
An activity that fulfills a primary function of an establishment, institution, household, or other entity.
PRINCIPAL BUILDING
A main building that is occupied by a principal activity.
UDCB OPERATOR or OPERATOR
A person or entity who utilizes or maintains a UDCB to solicit donations/collections of salvageable personal property.
UDCB PERMIT
The City of Overland's annually renewable permit required to place, operate, maintain, or allow a UDCB within the City limits.
UNATTENDED DONATION/COLLECTION BOXES or UDCBs
Unstaffed drop-off boxes, containers, receptacles, or similar facility that accept textiles, shoes, books, and/or other salvageable personal property items to be used by the operator for distribution, resale, or recycling, but shall not include furniture or other items too large to be contained within the UDCB. This term does not include any collection bin that is owned by the property owner and is used in connection with, or is an accessory to, the principal business of that property.
UNPERMITTED UDCB
A UDCB established either without a UDCB permit or with a UDCB permit that was issued in error or on the basis of incorrect or incomplete information supplied, or in violation of any law, ordinance, rule, or regulation.
Section 400.1075 Permit Required For UDCBs.
[Ord. No. 2023-12, 6-26-2023]
A.
It is unlawful to place, operate, maintain or allow a UDCB on any real property unless the parcel owner/agent and/or operator first obtain an UDCB permit from the City. A separate UDCB permit is required for each UDCB.
B.
The UDCB permit applicant shall be the UDCB operator and the permit may not be transferred, conveyed or otherwise assigned to another person or entity, or to another site or property.
C.
Decisions regarding UDCB permit applications shall be made by the Director and the Director shall be considered the investigating official acting for the City Administrator.
Section 400.1080 Application Requirements.
[Ord. No. 2023-12, 6-26-2023]
A.
The UDCB permit application shall be made on a form provided by the City. All applications shall be valid for one (1) calendar year, filed with the Department of Community Development and shall include:
1.
A signed document as provided by the City stating that the operator will abide by all the processes and requirements described in this Article;
2.
A non-refundable application fee in the amount of one hundred dollars ($100.00);
3.
A signed authorization from the parcel owner/agent to allow placement of the UDCB on a form provided by the City;
4.
A signed acknowledgment of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of conditions or regulations, and/or blight relating to the UDCB on a form provided by the City;
5.
Proof of general liability insurance of at least of at least one million dollars ($1,000,000.00) covering the applicant's UDCB, and naming the City of Overland and the parcel owner as additional insureds;
6.
For non-profit operators, evidence that the non-profit has been registered as a non-profit organization with the State of Missouri;
7.
The name, address, email, website (if available), and telephone number of the UDCB operator and parcel owner, including twenty-four (24) hour contact information;
8.
A vicinity map showing:
a.
The proposed location of the UDCB; and
b.
The distance between the site and all existing UDCBs within one thousand (1,000) feet of the proposed UDCB location;
9.
Photographs of the location and adjacent properties;
10.
A site plan containing:
a.
Location and dimensions of all parcel boundaries;
b.
Location of all buildings;
c.
Proposed UDCB location;
d.
Distance between the proposed UDCB and all buildings located on the property;
e.
Distance between the proposed UDCB and the parcel boundaries; and
f.
Location and dimension of all existing and proposed driveways, garages, carports, parking spaces, maneuvering aisles, pavement, and striping/marking; and
g.
Location of UDCB relative to the continually operating light source as required under Section 400.1105(H);
11.
Elevations showing the appearance, materials, and dimensions of the UDCB, including the information required in this Article to be placed on the UDCB and notice sign;
12.
A description and/or diagram of the proposed locking mechanism of the UDCB;
13.
A maintenance plan (including graffiti removal, pick-up schedule, and litter and trash removal on and around the UDCB) that is sufficient to prevent/eliminate blight-related conditions.
Section 400.1085 UDCB Permit Expiration And Renewal.
[Ord. No. 2023-12, 6-26-2023]
A.
Unless renewed as described in Subsection (B) below, each UDCB permit shall expire and become null and void on December 31 of the year of issuance.
B.
A UDCB operator may apply for a permit for the subsequent calendar year by submitting an application to the Department of Community Development by December 1 of the current year. The UDCB permit renewal application shall be made on a form provided by the City. All applications shall be filed with the Department of Community Development and shall include:
1.
A signed document stating that the operator will abide by all the processes and requirements described in this Article;
2.
Photographs of the existing UDCB;
3.
A non-refundable application fee in the amount of one hundred dollars ($100.00);
4.
A signed authorization from the parcel owner/agent to allow placement of the UDCB;
5.
A signed acknowledgment of responsibility from the parcel owner/agent and the operator for joint and several liability for violations of conditions or regulations, and/or blight relating to the UDCB;
6.
Proof of general liability insurance of at least one million dollars ($1,000,000.00) covering the applicant's UDCB and naming the City of Overland and the parcel owner as additional insureds;
7.
For non-profit operators, evidence that the non-profit has been registered as a non-profit organization with the State of Missouri;
8.
Name and telephone number of any entity that may share or profit from items collected via the UDCB;
9.
The name, address, email, website (if available), and telephone number of the UDCB operator and parcel owner, including twenty-four (24) hour contact information; and
10.
Any other reasonable information regarding time, place, and manner of UDCB operation, placement, and/or maintenance that the Director requires to evaluate the proposal consistent with the requirements of this Article.
C.
The Director shall either approve or deny the renewal of a UDCB permit within thirty (30) calendar days of receipt of the complete renewal application and payment of the renewal fee.
D.
The Director shall approve the renewal of a UDCB permit if he or she finds that no circumstances existed during the term of the UDCB permit or existed at any time during the review of the application for renewal that are inconsistent with any criteria required for approval of a new UDCB permit as specified in Section 400.1080 that would justify the revocation of the UDCB permit as specified in Section 400.1125.
E.
See Section 400.1095 for the appeal and petition processes for UDCB permit decisions, including decisions regarding renewal.
Section 400.1090 Requirements For The Approval And Renewal Of A UDCB Permit.
[Ord. No. 2023-12, 6-26-2023]
A.
The Director shall not issue a UDCB permit or renewal unless each of the following is true:
1.
The applicant has submitted a complete and accurate application accompanied by the applicable fee;
2.
There are no open citations, unpaid fines, or unresolved violations or complaints related to any UDCB managed by the proposed operator;
3.
Any verified blight on the subject property has been abated and any case of a complaint to the City regarding blighted conditions on the subject property has been closed;
4.
The proposal is consistent with all the requirements of this Article; and
5.
For renewals, the site does not have a history of being a nuisance even if incidents of blight were abated. For the purpose of this Section, "history of being a nuisance" means the UDCB received three nuisance citations and orders in the previous twelve (12) months.
Section 400.1095 Time Limit For Final Decision.
[Ord. No. 2023-12, 6-26-2023]
The Director shall provide a written decision regarding the placement of a UDCB within thirty (30) calendar days of the submission of a complete application for a UDCB permit.
Section 400.1100 Appeal And Petition Processes.
[Ord. No. 2023-12, 6-26-2023]
A.
Appeals to the Board of Adjustment From Decision of the Director.
1.
Any person aggrieved by the determination of the hearing by the Director as aforesaid may appeal to the Board of Adjustment. An appeal to the Board of Adjustment setting forth in writing all reasons known to the applicant as to wherein and why the Director's determination is in error must be submitted by the aggrieved party within ten (10) days of the date of the determination for which review is sought.
2.
The filing of an appeal to the Board of Adjustment shall stay the outcome of the Director's determination until the Board of Adjustment renders a determination on the appeal.
3.
The Board of Adjustment shall make its determination of the appeal in writing and give notice thereof to all parties.
4.
A concurring vote of four (4) members of the Board of Adjustment shall be necessary to reverse any order, requirement, decision, or determination of the Director.
5.
Any person aggrieved by the decision of the Board of Adjustment may seek judicial review pursuant to the provisions of Chapter 536, RSMo., in accordance with and governed by the provisions of Section 400.950 of this Code.
Section 400.1105 Location.
[Ord. No. 2023-12, 6-26-2023]
A.
No more than one (1) UDCB is permitted per parcel. UDCBs placed on separate, adjacent parcels must be placed at least one thousand (1,000) feet away from the nearest UDCB as measured by a straight line from the nearest point of the property line of the parcel on which the UDCB is located to the nearest point of the property line of the parcel on which the other UDBC is to be located.
B.
UDCBs are only allowed to be located in the following districts, which are designated in the Zoning Maps described in the City of Overland Zoning Ordinance:
1.
"C-1";
2.
"C-2";
C.
No UDCBs are permitted in any "R" or "M" Districts.
D.
A UDCB is only permitted on a lot that also contains a principal building that contains at least one (1) operating business.
E.
UDCBs are prohibited within any of the following locations:
1.
The public right-of-way;
2.
Five (5) feet from any property line; or
3.
Landscape buffers.
F.
UDCBs cannot block or impede access to:
1.
Required parking or driveways;
2.
Pedestrian routes;
3.
Emergency vehicle routes;
4.
Building ingress and egress;
5.
Required handicapped accessibility routes;
6.
Required easements;
7.
Trash enclosure areas or access to trash bins/trash enclosures; or
8.
Lot ingress and egress.
G.
UDCBs cannot impede the functioning of exhaust, ventilation, or fire extinguishing systems.
H.
The donation/collection area must be visible from the principal building and be no more than ten (10) feet from a continually operating light source.
Section 400.1110 Physical Attributes.
[Ord. No. 2023-12, 6-26-2023]
A.
UDCBs shall:
1.
Be fabricated of steel;
2.
Be placed on ground that is paved with cement or asphalt;
3.
Have a collection opening that has a tamper-resistant locking mechanism;
4.
Not be more than eighty-four (84) inches high, seventy-two (72) inches wide and seventy-two (72) inches deep;
5.
Not be electrically or hydraulically powered or otherwise mechanized;
6.
Not be a fixture of the site or considered an improvement to real property; and
7.
Have the following information conspicuously displayed on at least two (2) inch type face visible from the front on the UDCB:
a.
The name, address, twenty-four (24) hour telephone number, and, if available, the internet web address, and email address of the owner and operator of the UDCB and the parcel owner/agent;
b.
Address and parcel number of the site;
c.
Instructions on the process to register a complaint regarding the UDCB with the City of Overland, Department of Community Development, in substantially the following form:
"To register a complaint regarding this UDBC, contact the City of Overland at (314) 428-4677 or at CommunityDevelopment@overlandmo.org with the permit number and location of the UDCB detailing the complaint."
d.
The type of material that may be deposited;
e.
A notice stating that no material shall be left outside the UDCB;
f.
The pickup schedule for the UDCB;
g.
A City-provided sticker that identifies the box as being properly permitted by the City.
8.
If the UDCB is owned by a non-profit organization, the following information shall also be included:
a.
A statement describing the charitable cause that will benefit from the donations;
b.
The Federal tax identification number of the non-profit organization operating the UDCB; and
c.
The statement: "This collection box is owned and operated by a non-profit organization."
9.
If the UDCB is owned by a for-profit entity:
a.
"This donation is not tax deductible"; and
b.
"This collection box is owned and operated by a for-profit organization."
B.
The parcel containing the UDCB shall display an additional standalone sign with text in at least two-inch typeface stating that no material shall be left outside the UDCB. This sign shall be installed at a visually conspicuous location within a radius of twenty (20) feet from the UDCB.
Section 400.1115 Maintenance.
[Ord. No. 2023-12, 6-26-2023]
A.
No blight shall be within twenty (20) feet of the UDCB, including, but not limited to, donation/collection overflow, litter, debris, and dumped material.
B.
UDCBs shall be maintained and in good working order. Items to be repaired, removed, and/or abated include, but are not limited to graffiti, removed or damaged signs and notifications, peeling paint, rust, and broken collection operating mechanisms.
C.
UDCBs shall be serviced not less than weekly between 7:00 A.M. and 7:00 P.M. on weekdays and 10:00 A.M. and 6:00 P.M. on weekends. This servicing includes the removal of donated/collected material and abatement of the blight described in this Section.
D.
The operator shall maintain an active email address and a twenty-four (24) hour telephone service with recording capability for the public to register complaints.
E.
UDCBs cannot be used for the collection of solid waste and/or any hazardous materials.
Section 400.1120 Liability.
[Ord. No. 2023-12, 6-26-2023]
Applicants and/or owner(s) agent shall maintain a minimum general liability insurance of one million dollars ($1,000,000.00) for the duration of the operation of a UDCB at each site, to cover any claims or losses due to the placement, operation, or maintenance of the UDCB and naming the City of Overland as additional insured.
Section 400.1125 Compliance Process.
[Ord. No. 2023-12, 6-26-2023]
A.
Whenever the Director or his/her designee determines that a UDCB is in violation of this Article, he/she shall promptly notify the parcel owner/agent and UDCB operator via first-class United States Mail or by posting a copy thereof on the property involved and shall include a statement of the condition constituting such nuisance and those actions necessary to remove, terminate or abate the same. The notice shall include a date, time, and place of the scheduled hearing no sooner than ten (10) days after such notice and include a statement that the hearing shall be deemed automatically canceled if the property owner abates the conditions described in the notice within the time specified in such notice.
B.
Each day, after the ten (10) calendar day cure period, that a violation of a requirement of this Article is not abated constitutes a new and separate offense.
C.
The operation or maintenance of an unpermitted UDCB may be abated or summarily abated by the City.
D.
Abatement of said nuisances shall conform to the procedures set forth in Section 225.030 of the Code.
E.
The property owner and operator are jointly and severally liable and responsible for compliance with these regulations, including all costs, incurred by the City, associated with the abatement of any nuisance(s) related to UDCB.
