769.02 REQUIREMENTS AND MAINTENANCE.
   (a)   The bins may only be located in B-1 Zoning Districts.
   (b)   No bin shall be located on property that does not currently have a permanent business in operation on the same property.
   (c)   No portion of any bin shall be located in front of the setback line or closer than 16 `   feet of the rear set back line.
   (d)   All bins shall be located on hard-surface pavement.
   (e)   No required off-street parking spaces maybe utilized for such bin, and such shall not be located in any loading lane, driving aisle, queuing area, or handicap parking space including access lane.
   (f)   No bin shall be larger than six (6) feet wide by six (6) feet long and stand taller than seven (7) feet.
   (g)   No more than one (1) donation bin shall be permitted on any property.
   (h)   All bins shall be clearly marked with the name and phone number of the applicant and shall state whether donation is "tax deductible" or "non-tax deductible", provided;
      (1)   Required markings shall be in a font that is easily readable with letters being at least four (4) inches tall;
      (2)   Required markings shall be located on the front of each bin with the front being the side where the bin has an opening for donations.
   (i)   All bins shall be constructed of all-weather type material and regularly maintained (e.g. repainted/repaired) by the applicant such that they remain in a like new condition.
   (j)   All items for donation shall at all times be fully contained within the bin. No accumulation of items, trash, or debris outside of bin shall be allowed.
   (k)   If items, trash, or debris accumulates outside of bin or if the bin becomes deteriorated due to lack of proper maintenance, bin shall be considered junk and debris and the applicant will be subject to suspension or revocation of the permit.
      (1)   The Division of Inspections shall give notice in writing to the owner or occupant, firm or corporation having possession or control of the donation bin of the necessity of maintenance. Upon failure to comply with such notice within five days, the above-mentioned items, trash, or debris shall be removed by the City or its designee and the cost thereof charged to the owner of such donation bin at a rate which shall be just and equitable and which shall be determined by the Chief Building Official. On failure of the owner to pay the cost within thirty days after billing, the cost may be assessed against the property or a civil suit may be instituted at the discretion of the Chief Building Official of the City. Such assessment or civil suit shall be in addition to any other penalty herein provided. No permit for a donation bin shall be issued or renewed to any applicant with any pending complaint, a suspended permit or to any applicant whose permit for a donation bin has been revoked.
         (Ord. 2015-056. Passed 6-23-15.)