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Council reviews draft donation‑bin ordinance; refers measure back to planning for revisions

2273585 · February 12, 2025
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Summary

Council discussed a proposed zoning amendment to regulate clothing and goods donation bins after Planning Commission recommended approval. Members debated enforcement fees, storage and a small‑box exception for Little Free Library boxes and ultimately referred the ordinance back to planning to incorporate fee and size language.

The Utica City Council on Feb. 11 reviewed a proposed zoning ordinance amendment that would regulate donation collection bins in non‑residential zoning districts after the Planning Commission recommended approval.

City staff told council the measure responds to complaints about unlicensed commercial operators leaving large clothing donation bins in public places and residential lots without property‑owner permission. The draft requires property‑owner approval for donation bins, limits where bins may be placed and would allow the city to remove bins that violate the rules and assess fees for removal and storage.

Council members and the city attorney debated enforcement mechanics. Planning Chair Dominic Bayonne and staff added language authorizing the city to charge a fee if a bin owner fails to remove a bin in a timely manner; council asked for clearer language so fees could cover manpower and equipment to recover oversized containers. “If the property owner does not remove the donation bin within seven business days of the order the city shall have the right to remove the container at the expense of the property owner, pursuant to a fee resolution passed by the city for any costs and fees incurred from materials, storage, and labor,” staff proposed on the record.

Members also raised a potential unintended consequence: the draft, as written, could require removal of small neighborhood book‑exchange boxes and similar small collection containers. To address that concern, council discussed creating a size or lot‑size exemption so small “little library” style boxes would not be subject to the stricter rules that target large commercial clothing bins.

Rather than adopt the ordinance, the council rescinded its pending motion to amend and agreed to refer the draft back to the Planning Commission for revisions to clarify a city fee schedule for removal and to add size/lot‑size exceptions for small, accessory collection boxes. Councilmember Sikora made the motion to send the ordinance back to planning, supported by Torenzi; the referral carried on a unanimous roll call vote.

Next steps: planning staff will revise the ordinance text to specify how the city will set removal and storage fees (via a fee‑resolution) and to add minimum/maximum size or lot‑size language for residential exceptions. The revised draft will return to council for further consideration.