The Law

Charity Bin Begins and Stays in C-2 Zone by Ron Davis Efforts to prohibit the placement of a recycling bin at a New Jersey shopping center have apparently succeeded. The shopping center is Renaissance Square Mall in North Brunswick, and the attempt to place a recycling bin there was made by Carecycle, Inc., a company that accepts and distributes used items of clothing and various other used items. Opposing that placement was the local zoning board. Carecycle’s efforts were made because of the upscale nature of the shopping center. The company was obviously aware of the center’s attraction for potential donations for recycling contributions. But its proponents also knew of the local ordinance that governed the placement and use of charitable clothing bins. That ordinance specifies that “charitable clothing bins may only be placed, used or employed in the C-2 General Commercial District” and “may not be placed, used or employed in any other zone district within” North Brunswick. Renaissance Square Mall is located in a zone other than C-2. That location is the PUD-II zone. Carecycle officials were fully aware that the shopping center isn’t in a C-2 zone. Nevertheless they contended that charitable donations bins are also a “permitted accessory use” in the shopping center’s zone. Using a bit of fuzzy logic, Carecycle pointed out that shopping centers are a permitted use not only in the PUD-II, but also in the C-2 zone. Carecycle therefore concluded that because charitable donation bins are a permitted accessory use in the C-2 zone, then they are a permitted in the PUD-II zone “as accessory to a shopping center use.” Members of the Zoning Board of Adjustment of the Township of North Brunswick rejected such an argument. They therefore denied Carecycle’s claim that it was entitled to a certificate of nonconformity so that it might locate clothing recycling bins at Renaissance Square Mall. As did the Zoning Board, a New Jersey court also apparently identified the fault in such an argument. That court’s judge ruled that Carecycle “fails to recognize that permitting the use as an accessory use in the C-2 zone is subject to the restriction that they may only be placed in the C-2 zone” For that and other reasons, the judge found that Carecycle’s contentions lacked merit and that Carecycle had otherwise failed to sustain its argument. On appeal of that ruling, a New Jersey appellate court agreed with the reasoning of that judge, explaining, “We affirm substantially for the reasons set forth [by the lower court].” (Carecycle, Inc. v. Zoning Board of Adjustment of the Township of North Brunswick, 2013 WL 5676887 [N.J. Super. A.D.]) Decision: October 2013 Published: October 2013