Covering Annandale, Bailey's Crossroads, Lincolnia, and Seven Corners in Fairfax County, Virginia

Planning Commission endorses zoning amendment to regulate donation boxes


A drop box on Little River Turnpike in Annandale, between Flagship Carwash Center and Fast Auto Loans.

The Fairfax County Planning Commission on July 23 unanimously endorsed an amendment to the zoning ordinance to regulate donation drop boxes. The Board of Supervisors has scheduled a public hearing on the  measure Oct. 6.
The amendment defines
a donation drop box as “a portable outdoor container for the collection and
storage of unwanted textile and household items that are periodically removed
from the container.”

The BoS had approved a resolution in June calling for a zoning amendment to address concerns
about donation boxes overflowing with junk and attracting unwanted furniture. Items
placed in the boxes are recycled. Some used clothing and shoes are sold to
retailers; most items are sold to companies that repurpose them as insulation
or other products.

The amendment would
permit the boxes to commercially zoned properties (C-5, C-6, C-7, C-8,
and C-9) on lots of at least 40,000 square feet, certain residential properties
where the principal use is not a dwelling, and in certain other circumstances.
There could be no more
than two donation boxes per lot. The boxes could be no larger than seven feet
high, six feet wide, and six feet in length. They would be prohibited on any
required open space, in any landscaped area, on a street or sidewalk, or in any
area that blocks or interferes with vehicular or pedestrian circulation.
They would have to be
“weather-proof; constructed of painted metal, plastic, or other similarly
noncombustible material; maintained in good repair and in a manner that
complies with all applicable building code and fire code regulations; secured
from unauthorized access and screened from street-level view of any abutting
residential property.”
The ordinance requires
donation boxes to display the name and phone number of the operator or
owner, the entity responsible for collecting items, and a notice stating that
items are not to be left outside the box and that liquids and trash are
prohibited.
During the Planning Commission meeting zoning staff addressed
addressed some of the comments raised at a public hearing on July 8. One
commenter urged the ordinance to state that property owners have the right
to prohibit donation boxes. That is unnecessary, a staff member stated, because
owners already have that right and also have the right to remove boxes. The staff would prefer donation box operators
to contact property owners before installing boxes but don’t have the authority
to require that.
Another commenter suggested limiting the boxes to those
operated by nonprofits. That would be a violation of free speech, the staffer
said, and the zoning ordinance only addresses land use issues, not ownership.
The zoning department plans to send warning letters to property
owners to inform  them about the zoning change and how to submit complaints to the
Department of Code Compliance. The staff will also contact business groups and
donation box providers to encourage compliance.

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