Sec. 656.421. - Textile Recycling Bins.
(a) Intent. The requirements of this Section apply to textile recycling bins located outside of a building and which function as accessory uses or structures when used for the purpose of collecting recyclable textile materials.
(b) Nonapplicability. Nothing herein shall be interpreted to apply to:
(1) Any textile recycling bin located within a building or a permanent enclosed space.
(2) Any pick-up of textile material for recycling from any person at his or her residence or place of employment, provided the same is not from an outdoor bin as described herein.
(3) Any pick-up of textile material for recycling from a business, provided the same is not from an outdoor bin as described herein.
(c) Definitions. As used in this Section, the following words or phrases shall have the meaning ascribed to them below, unless the context clearly indicates otherwise:
(1) Annual Permit shall mean a permit issued or renewed on an annual basis by the Zoning Administrator that allows the permittee to place and/or maintain a textile recycling bin on real property subject to the provisions of this Section.
(2) Bin shall mean a steel (or other durable metal) textile recycling container or receptacle, and having a rust-resistant coating that is exposed to the elements and placed outdoors.
(3) Operator shall mean a person who owns, operates or maintains a textile recycling bin.
(4) Permittee shall mean a person over 18 years of age or an entity who is issued a permit authorizing the placement of a textile recycling bin on real property.
(5) Parcel Owner or Property Owner shall mean the person or entity who is the owner of real property where a bin is located.
(6) Textile or Textile Materials shall mean items made from cloth or artificial fabric, like vinyl, that can be recycled, including clothing, pants, jeans, skirts, dresses, suits, shorts, shirts, tees, tanks, as well as outerwear (coats, jackets, gloves, hats, scarves), footwear (shoes, boots, heels, sneakers, sandals, socks, tights) undergarments (bras, underwear, slips, camisoles), accessories (hats, belts, ties, scarves, headbands), handbags (wallets, totes, luggage, backpacks, briefcases), and linens (towels, sheets, comforters, blankets, and tablecloths). Textile materials do not include bottles, cans, trash, or debris.
(7) Textile Recycling Bin shall mean any stationary or free-standing bin, container, receptacle or similar device that is located outdoors within the City and is used for the collection of Textile Materials.
(d) Performance Standards and Other Criteria.
(1) Maximum Bin Floor Area. The maximum bin floor area shall not exceed 25 square feet.
(2) Maximum Bin Height. The bin height shall not exceed seven feet.
(3) Maximum Number of Bins per Parcel/Clustering. A bin shall be limited to one bin per one acre of a parcel or lot, except that a maximum of five bins total shall be located on a parcel or lot, even if the parcel or lot is larger than five acres total. More than one bin on a parcel or lot shall be clustered in one location so that they are arranged side-by-side and not separated by more than three feet between each bin.
(4) Bin Maintenance and Construction. A bin shall be made of steel and have a security or safety chute and tamper-proof lock to prevent or deter intrusion and vandalism. A bin shall be kept in good condition and appearance with no structural damage, holes, or visible rust, and shall be free of graffiti. A bin shall be serviced and cleaned on a regular basis, but in no event less than every 14 days.
(5) Bin Sensors. Every bin shall have a sensor that keeps constant track of the bin volume and that alerts the bin owner whenever the bin reaches capacity.
(6) Bin Emptying. Every bin shall be emptied at least once per week and whenever the bin has reached capacity based upon the bin sensor. All materials that have been discarded or abandoned on or near the outside perimeter of the bins shall be removed by the permittee immediately but in no case later than upon 24 hours-notice by the City.
(7) Bin Zoning. Bins may only be located on parcels within the following zoning districts: CCG-1, CCG-2, IBP, PBF-1, PBF-2, PBF-3. Upon request by an applicant, the Director of the Planning and Development Department (herein "Director") may determine that a PUD zoning district that allows for the majority of permitted uses by right consistent with any one of zoning districts CCG-1, CCG-2, IBP, and PBF-1, PBF-2 or PBF-3, may be suitable for location of bins if the uses within the PUD are not entirely dedicated to one or more specialized uses (e.g., a day care facility or veterinary clinic that would not otherwise be an appropriate location for such bins). The Director's determination is appealable pursuant to Section 656.135 of the Zoning Code.
(8) Signage. Signage shall be required on at least two sides of the bin, provided that one sign shall be located on the front or depositing side of the receptacle. Signage shall be limited to five square feet per side. If textiles deposited into the bin will be sold for profit and not for charitable purposes, the following statement on the depositing side of the bin, not less than two inches below the bin chute, in conspicuous and clear lettering at least two inches high: "[Permittee's name] is not a charitable organization. The materials deposited in this bin are recycled and sold for profit, and are not tax deductible contributions."
(9) Bin Setbacks. Bins shall be set back as follows:
(i) From public right-of-way classified as an arterial road or higher: At least 25 feet;
(ii) From public right-of-way classified as a collector road: At least 50 feet;
(iii) From public right-of-way classified as a local road: At least 75 feet;
(iv) From a property adjacent to a residentially zoned district or use: At least 100 feet;
(v) From the boundary of an adjacent parcel (non-residential): At least 20 feet.
(10) Non-interference by Bin Placement. Bins shall not be placed in a location that would interfere with:
(i) A designated fire lane;
(ii) A building exit;
(iii) An access drive or drive aisles;
(iv) An off-street parking lot maneuvering lane or drive aisle;
(v) A required off-street parking space or loading zone;
(vi) Public or private right-of-way;
(vii) Required landscaped areas;
(viii) Sight triangle; or
(ix) A pedestrian circulation area.
(11) Maintenance of Area Surrounding Bin. The area within ten feet of a bin in all directions shall be kept free of abandoned property, discarded items, overflow materials, trash and debris.
(12) Not Permitted on Unimproved Parcels or Unoccupied Lots. A bin shall not be located on an unimproved parcel or unoccupied lot (a lot with no existing, permanent business activity or one which is without active water or electric service). Bins shall be removed within 24 hours after a business activity ceases on the property.
(13) Limitation on Number of Bins per Parcel. No more than five bins shall be placed on a single parcel.
(14) Hurricane Preparedness. Upon a declaration of a hurricane warning for the City that pertains to the approach of a Category 2 or higher level storm, all outdoor textile recycling bins shall be moved to a safe location within 12 hours of the issuance of the hurricane warning and shall remain in a safe location until the warning is no longer in effect.
(15) Responsibility and Liability of Bin Owner, Bin Permittee, and Parcel Owner. It shall be the responsibility of the bin owner, the bin permittee and the parcel owner identified in the permit to comply with the provisions of this Section. Failure to comply shall constitute a violation of this Section, and shall subject the violator to the penalties provided herein.
(e) Permit Required. No person shall place or maintain a textile recycling bin on any real property without first obtaining an annual permit issued by the Zoning Administrator.
(f) Permit Application. A person desiring to secure a permit to place or maintain a textile recycling bin shall first make application to the Director of the Planning and Development Department or his/her designee for each bin proposed by the applicant. The permit application shall be on a form approved by the Zoning Administrator. The permit application shall be signed by the person applying for the permit, and if the person applying is an entity then the application shall be signed by the president (for a corporation), a managing member (for a limited liability company), a general partner (for a general partnership) or the chief executive officer or person in charge for that type of entity. The applicant's signature shall be under oath or affirmation. The application shall contain the following information:
(1) The Identification of Applicant. The name, street address, and an email address of the applicant, including any and all officers, directors, general partners, limited partners, and shareholders owning more than five percent of the stock of any non-publicly traded corporate applicant, and any person who has a direct financial interest exceeding $10,000 in the ownership and/or operation of the applicant's business address in the City of Jacksonville. The applicant's date of birth if an individual, or the date of formation and Federal Employer Identification Number (FEIN), if an entity.
(2) The Identification of the Contact Person. The name, street address, email address, and telephone number of a contact person for all matters relating to the bin that is subject to the permit application.
(3) The Identification of the Bin's Street Address. The street address for the parcel on which the bin is proposed to be located and which is the subject of the permit application.
(4) The Identification of the Parcel Identification Number. The parcel identification number for the real property on which the bin is proposed to be located. The parcel shall be the same one as is the subject of the permit application.
(5) Statement of Parcel Owner. A statement by the parcel owner that the parcel owner owns the subject parcel and that the parcel owner has given permission in writing for the bin owner to operate a textile recycling bin on the parcel owner's property, provided that the bin owner maintains a lawful City permit at all times to operate the bin. If a parcel owner has given written permission to a lessee or agent to act on their behalf to provide authorization as to bin placement on their parcel, this shall be sufficient to allow a lessee or agent to provide the statement by the parcel owner. This shall not negate the parcel owner's liability as provided in subparagraph (d)(15) above. By owner's acknowledgement and permission to allow a textile recycling bin on its property, the owner also agrees to allow the City to enter the premises to remove a textile recycling bin, its contents and any recycling materials that are placed near the bin, if the removal provisions of this Section are triggered.
(6) Applicant's Ownership of Other Bins. Whether or not the applicant owns or operates any other textile recycling bin(s) within the City.
(7) Applicant's Business Tax Payment. The applicant shall provide a copy of its receipt illustrating that the business tax has been paid as required by Chapter 772, Ordinance Code of the City of Jacksonville.
(8) Applicant's Annual Permit Fee. The permit application shall be accompanied by a nonrefundable annual permit fee found in www.coj.net/fees.
(g) Permit Conditions. The permit shall be conditioned upon applicant meeting and staying in compliance with all of the requirements of this Section 656.421.
(h) Permit Issuance. The permit shall be issued within 15 days after a fully complete application is submitted to the Zoning Administrator and further provided that the application is properly signed under oath or affirmation. When the permit is issued, the permittee shall be given a permit registration sticker with individualized permit registration number which shall be affixed to the bin in the manner and in a location as directed by the Zoning Administrator. The permit registration number will allow the Zoning Administrator to easily track information related to the bin owner and the permit.
(i) Permit Renewal. A permit may be renewed annually. The application for renewal shall be provided on a form provided by the Zoning Administrator. The permittee shall provide an update to any information that has changed since the previous year, and the renewal application. The renewal application shall be filed between August 1 and September 1 of each year, and shall provide the same information and be signed in the same manner as an original application. The permit renewal fee shall be the same as the fee for a new permit. The Zoning Administrator shall approve the renewal of the permit if the Zoning Administrator finds (1) that no circumstances existed during the term of the permit which would cause a material violation to exist, and (2) that at the time of the submission of the renewal application and at any time during the pendency of the renewal application there were no circumstances inconsistent with any finding required for the approval of a new permit. A new permit registration sticker will be issued with each renewal. No renewal permit shall be issued by the Zoning Administrator until any outstanding violations of the provisions of this or any other applicable Section of the Ordinance Code have been corrected and any outstanding fines have been paid by the permittee. An outstanding violation or fine is defined herein as one that has been previously and finally adjudicated against the permittee and found through the Municipal Code Enforcement Board or any other quasi-judicial or judicial process or was uncontested or admitted.
(j) Permit Expiration. If a permit expires and is not renewed, the bin must be removed from the real property by the permittee by no later than 48 hours after expiration of the permit. Should permittee fail to remove a bin more than 48 hours after expiration, the City shall be authorized to remove the bin from the property at the permittee's expense.
(k) Revocation or Suspension of Permit. The Zoning Administrator shall have the right to suspend or revoke any permit issued hereunder for a violation of this Section. The Zoning Administrator, or designee, shall notify the permittee in writing whether the permit is being suspended or revoked and the reason therefore. The notice may allow permittee to make corrective action within a certain cure period, or in cases where the continuation of the permit may result in a detriment to public health and safety, may require the immediate revocation or suspension of the permit upon notice.
(l) Appeals.
(1) The Zoning Administrator's decision to deny a permit application or suspend or revoke a permit may be appealed to the Director of the Planning and Development Department. The permittee shall submit a written notice of appeal to the Zoning Administrator within ten days of receipt of the Zoning Administrator's decision. The Planning and Development Department shall schedule a hearing before the Director within 30 days of receiving the notice from permittee.
(2) The Director shall conduct a hearing on the appeal within 60 days after the filing of the notice of appeal, or as soon thereafter as its calendar reasonably permits. The Director shall issue his or her final decision in writing within 30 days of the appeal. The final decision of the Director shall be final action by the City, effective as of the date of issuance, and the permittee shall thereafter have any remedies available at law.
(3) The filing of a notice of appeal by a permittee shall stay an order of the Zoning Administrator or Municipal Code Compliance to remove the bin. The bin shall be allowed to remain in place pending disposition of the appeal and final decision of the Director. If Director upholds the action of the Zoning Administrator, the bin shall be removed within 48 hours of the Director's decision.
(m) Permit Cancellation. Prior to the expiration of a permit, the permittee may voluntarily cancel the permit by notifying the Zoning Administrator in writing of the permittee's intent to cancel the permit. The permit shall become void upon the Zoning Administrator's receipt of a written notice of intent to cancel the permit. The bin subject to the permit shall be removed by permittee no later than the date of receipt by the Zoning Administrator of written notice of cancellation.
(n) Business Tax Payment. The permittee shall not be eligible to operate a bin unless the permittee has paid the applicable business tax required by Chapter 772, Ordinance Code of the City of Jacksonville.
(o) No Bins Permitted on Right-of-Way. Notwithstanding the provisions set forth herein, there shall be no textile recycling bins permitted on City or State right-of-way or City-owned property (without the express permission as described in Section (f) above). Should a bin be found within public right-of-way or on City-owned property without permission, the City shall have the right to remove the bin without notice.
(p) Reporting Requirements. If permittee is required pursuant to F.S. § 403.7046, and Rule 62-722, Florida Administrative Code to report the tonnage per year of any "recovered materials," as defined in F.S. § 403.703, the permittee shall submit a copy of the annual certification and report that was provided to the State each year, first with its initial application and then each year along with its renewal application.
(q) Removal of bins. Textile recycling bins removed by the City pursuant to the provisions of this Section 656.421 shall be taken to a location designated by the City. Within ten days of removal, the City shall send written notice by certified mail to the permittee and the permittee shall have ten days from receipt of the written notice to re-claim the textile recycling bin by appearing at the designated location to retrieve the textile recycling bin and its contents at the permittee's expense. The permittee shall pay any outstanding fines for violations, including for violations of provisions of this Section prior to taking custody of the removed textile recycling bin. If the permittee does not re-claim the textile recycling bin within the time allotted herein, the textile recycling bin and its contents will be deemed abandoned, and the City may, without any further notice to the permittee and at its sole discretion, recycle or dispose of the textile recycling bin and its contents along with any other materials in the immediate vicinity that were removed with the textile recycling bin. The deadline for retrieval of the textile recycling bin may be extended in writing by the City at its sole discretion.
(r) Vehicles, trailers and other materials prohibited. No vehicles, trailers or other equipment shall be parked or located in combination with or in lieu of a textile recycling bin as advertising or as an additional source of accepting textile recycling materials. No additional signs or other advertising materials shall be placed in or around the immediate vicinity of a textile recycling bin other than that permitted in Section 656.421(d)(8). Failure to comply with this provision or any other provisions of Section 656.421 shall result in a Class D penalty as provided for in Section 609.109, Ordinance Code.
(Ord. 2017-842-E, § 3)
