Duluth UDC § 349

a. Size and Location. 1. Unattended donation boxes shall only be allowed as an accessory use on a parcel where the primary use is a retail establishment involved in the resale of used, and second-hand goods. 2. Unattended donation boxes shall not exceed 7 feet in height and 4 feet in width or depth. 3. An unattended donation box shall not be placed: i. Within 400 feet of another unattended donation box; ii. On the same parcel as another unattended donation box; or iii. On unoccupied or vacant property. iv. On sidewalks. v. In a manner that impedes vehicular or pedestrian traffic flow and circulation. vi. In the right-or-way. vii. In the principal use setback for the site where they are placed. viii. In designated parking spaces such that it reduces the number of parking spaces below the minimum number required by zoning codes. ix. Within any landscape strip, landscaped parking lot island or any type of buffer. x. Within the Visibility Clearance Area, as defined in Section 603.08 of this Code b. Permit Requirements. 1. Unless otherwise exempted, it shall be unlawful and a public nuisance for any property owner or operator to place, operate, maintain or allow unattended donation boxes on real property unless the unattended donation box owner first obtains a permit pursuant to this Code Section and the unattended donation box is placed, operated and maintained in accordance with all provisions in this Code Section. 2. The permit application shall be made on a form provided by the City and shall include: i. The name, address, e-mail, website (if available) and phone number of contact person of the applicant who will agree in writing to be available between the hours of 8:00 a.m. to 6:00 p.m. each day of the week to receive and respond to complaints or other inquiries regarding the permitted collection bin; ii. The Name, address, and telephone number of an individual who is authorized by the owner of the collection bin to accept service of process and to accept citations issued by the city on behalf of the applicant for violations of this section. 130 | P a g e Article Three. Restrictions on Particular Uses iii. Collection bins owned and/or operated by one person or entity for the benefit of another person or entity require the contact information for both entities on the permit application; iv. If the applicant claims to be a qualified nonprofit organization: 1. A copy of the determination letter issued by the Internal Revenue Service stating that the applicant is an organization exempt from taxation under Internal Revenue Code, 26 USC § 501(c)(3); and 2. A certificate of good standing issued by the office of the secretary of state. If the applicant is a business organization not exempt from taxation, a certificate of good standing issued by the office of the secretary of state shall be submitted with the permit application. A certificate of good standing must not be older than three months at the time of application for a permit. v. Written and signed consent from the site host and the lawful occupant, if applicable, to place the collection bin on the property, including name, address and telephone number of the site host and the name, address, and telephone number of the person authorized by the site host to accept service of process and to accept citations issued by the city on behalf of the site host. The name, address, and telephone number of the lawful occupant and the name, address, and telephone number of the person authorized by the lawful occupant to accept service of process and to accept citations issued by the city on behalf of the lawful occupant shall also be included. vi. The physical address of the property owner’s real property and a drawing sufficient to indicate the proposed location of the unattended donation box on the property owner’s real property, as well as the size of the proposed unattended donation box. vii. Permittee must provide proof to the city of a certificate of liability insurance of at least $1,000,000.00 covering the liability of the permittee, site host, and lawful occupant, if applicable, arising out of the placement and maintenance of a collection bin. 3. Each application shall be accompanied by a non-refundable fee not to exceed $50. The fee shall be waived when evidence is submitted that the applicant has 501(c)3 status. 4. Applications shall be filed with the Planning and Development Department. 5. Action shall be taken on the permit within 30 days. 6. Applications not meeting all standards of this Development Code or any other City of Duluth ordinance shall be denied. Denied applications may be resubmitted for review after 30 days. 7. The permit shall expire one year from the date of issuance. 8. Permits shall not be transferable. c. Requirements and Maintenance. 1. Unattended donation boxes shall: i. Be maintained in good condition and appearance with no structural damage, holes, or visible rust and shall be free of graffiti; ii. Be locked or otherwise secured; iii. Be clear at all times of junk, garbage, trash, debris and other refuse material in the area surrounding the box. Any such materials shall be removed within 24 hours of verbal notice from the City at the expense of the property owner; iv. Display the following information in boldface letters at least two inches high located on the front of the box and directly underneath the deposit door: 1. The name, address, telephone number, and the internet web address of the permittee, site host, and lawful occupant; 2. Display must meet the requirements set forth by the State as found in O.C.G.A. §43-17, as amended, if applicable; 131 | P a g e Article Three. Restrictions on Particular Uses v. Have posted on them a copy of the permit in a prominent and visible location on the front of the box in plain view for inspection by the public and City officials; and vi. Be serviced and emptied as needed, but in no case less frequently than once per month or within five days of a request by the Planning and Development Department. 2. Permittee must provide to the site host or lawful occupant a telephone number for requests to respond to collection bin maintenance complaints. 3. Permittee and site host or lawful occupant must respond to collection bin maintenance complaints within ten days of receiving written notice of a violation of this article. Written notice of the violation shall be provided to the permittee, site host or lawful occupant and any charitable organization identified as being associated with the collection bin. 4. If a collection bin becomes damaged or vandalized, it shall be repaired, replaced or removed within five days of receipt of notice of such condition. 5. Exemption. Unattended donation boxes located entirely within the interior of a building are exempt from the requirements of this Code Section.