1157.11 DONATION BINS.
   (a)   Donation Bins are defined as any enclosed receptacle or container made of metal, steel, or a similar product and designed or intended for the donation and temporary storage of clothing or other materials.
   (b)   Donation Bins located inside a building used as a church, school, non-profit organization or inside a commercial or industrial building are permitted use and shall not require a zoning permit.
   (c)   Donation Bins located on the exterior of a church, school, non-profit organization, or commercial or industrial building shall require approval by Planning Commission as a temporary accessory structure. Planning Commission may approve a Donation Bin upon compliance with the following standards:
      (1)   The property owner has approved in writing the location of the Donation Bin on the property.
      (2)   The Donation Bin is not located within any required front yard, rear yard or side yard setback for the zoning district, access easement, driveway, parking area, fire lane, or any other area prohibited by the Zoning Code or Building Code of the City of Brookville.
      (3)   The placement of the Donation Bin shall not impede traffic or visually impair any motor vehicle operation within a parking lot or from a public street or alley.
      (4)   The Donation Bin is being used by a duly registered charitable organization and the Donation Bin shall contain the name, address and phone number of the charitable organization.
      (5)   The Donation Bin shall not exceed five (5) feet in height, and shall not exceed four (4) feet in width.
      (6)   Only one Donation Bin shall be permitted on a property at any time.
      (7)   The Donation Bin complies with all other applicable standards and requirements for special uses as set forth in Section 1163.03 of the Code of Ordinances.
   (d)   Planning Commission shall limit the approval of the Donation Bin to a maximum of one (1) year, and shall require reapproval of the temporary accessory structure permit for the Donation Bin at the expiration of the approved temporary accessory structure permit.
   (e)   The charitable organization shall be primarily responsible for maintenance, upkeep, and servicing of the Donation Bin. Donation Bins shall be emptied of donated goods by the charitable organization in a timely manner to prevent overflow of the goods from the Donation Bin. However, in the event the charitable organization fails to adequately maintain and service the donation bin, then the property owner of the property where the Donation Bin is placed shall be responsible for maintenance and service of the Donation Bin. In the event that the Donation Bin is not properly maintained and serviced, the Zoning Enforcement Officer may issue a notice of violation of this Ordinance and order the immediate removal of the Donation Bin.
   (f)   Donation Bins are not permitted on residential properties, and are not permitted on vacant properties. (Ord. 2009-09. Passed 9-15-09.)