Artesia City Zoning Code
ARTICLE 38
Standards for Recycling Facilities, Vending Machines, Reverse Vending Machines and Donation Collection Containers
§ 9-2.3801 Definitions.
shall mean a center for the collection and/or processing of recyclable materials. A recycling facility does not include storage containers or processing equipment located on the premises of a residential, commercial, or manufacturing use which are devoted to the recycling of material generated by that user.
shall mean a recycling facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986.
may including the following:
Collection facility.
A "collection facility" is a center for the acceptance, by donation, redemption, or purchase, of recyclable materials from the public. Such a facility does not use power-driven processing equipment except as indicated in this article. Collection facilities may include the following:
Processing facility.(i) (ii)
A "processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. Processing means the preparation of material for efficient shipment by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning and remanufacturing. Processing facilities include the following:
A "light processing facility" shall not occupy an area exceeding 45,000 square feet of gross collection, processing, and storage area and shall have no more than an average of two outbound truck shipments per day. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.
A "heavy processing facility" is any processing facility other than a light processing facility.
Reverse vending machine(s):
A "reverse vending machine" is an automated mechanical device which accepts at least one or more types of empty beverage containers, including, but not limited to aluminum cans, glass and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value as determined by the State. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. In order to accept and temporarily store all three container types in a proportion commensurate with their relative redemption rates, and to meet the requirements of certification as a recycling facility, multiple grouping of reverse vending machines may be necessary.
A "bulk reverse vending machine" is a reverse vending machine that is larger than 50 square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
Mobile recycling unit.
A mobile recycling unit is an automobile, truck, trailer or van, licensed by the Department of Motor Vehicles, which is used for the collection of recyclable materials. A mobile recycling unit also means the bins, boxes, or containers transported by trucks, vans or trailers, and used for the collection of recyclable materials.
shall mean reusable material including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture, or reconstitution. Recyclable materials do not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25250.11 and 25143.2(b)(4) of the California Health and Safety Code.
shall mean any metal, plastic, cardboard or wooden box, bin container, trailer, accessory structure or similar facility located outside of an enclosed building or in a parking lot or public place, provided by a person, organization, or collection center for the primary purpose of receiving or storing donated items, including household goods and clothing.
(Ord. 419, § 2; Ord. 14-812, § 6)
§ 9-2.3802 Requirements.
(a)
All recycling facilities shall meet the criteria set forth in this article, provided that the Director of Planning, Planning Commission, or City Council, as the case may be, may modify such standards upon a finding that such modifications are reasonably necessary to implement the general intent and purposes of this article.
(b)
No person, corporation, or legal entity shall place or permit the placement and/or operation of any recycling facility without first obtaining the permits required by the provisions of this article.
(c)
Recycling facilities may be permitted in zones within the City of Artesia as set forth in the following table:
Type of Facility | Zones Where Facility Is Permitted | Permit or Review Required |
|---|---|---|
Reverse Vending Machine(s) and Vending Machines up to 50 sq. ft. | C-G Commercial Gen. M-1 Light Mfg. | |
Small Collection Facility up to 500 sq. ft. | M-1 Light Mfg. | |
Large Collection Facility over 500 sq. ft. | M-1 Light Mfg. | |
Light Processing Facility up to 4,500 sq. ft. | M-1 Light Mfg. | |
Heavy Processing Facility over 4,500 sq. ft. | M-1 Light Mfg. |
(Ord. 419, § 2)
§ 9-2.3803 Standards for Reverse Vending Machines and Small Collection Facilities.
(a)
The facility shall be established in conjunction with a fixed base host business which is in compliance with the zoning, building and fire codes of the City of Artesia and shall not occupy more than 500 square feet of floor space;
(b)
Containers shall be constructed and maintained with durable, waterproof and rustproof material and shall be covered. The facility shall be screened from the public right-of-way in an enclosed building or within an area surrounded by an opaque fence at least six feet in height;
(c)
Containers shall be clearly marked to identify the type(s) of recyclable material(s) which may be deposited;
(d)
The facility shall be clearly marked to identify the name and telephone number of the facility operator;
(e)
The site shall be swept and maintained on a daily basis in a dust-free, litter-free condition;
(f)
The facility shall provide for the washing or sealed storage of recyclable material(s) within 24 hours of deposit subject to the satisfaction of the Code Enforcement Officer;
(g)
The facility shall be set back at least 10 feet from any street right-of-way and shall not obstruct pedestrian or vehicular traffic;
(h)
The facility shall not reduce the landscaping required by this Code for the host use;
(i)
The noise level produced at the facility shall not at any time exceed 55 dBA as measured at the property line of any residential or professional use and shall not exceed 60 dBA at any other location;
(j)
Other than reverse vending machines, the facility shall not include power-driven sorting and/or consolidation equipment, such as crushers or bailers;
(k)
In addition to the signs and certificates issued by the Department of Conservation, Division of Recycling, which must be displayed by the operator/processor, and the informational signs required by this chapter, the following signs may be provided as follows:
(1)
Unattended containers not over 50 cubic feet in bulk and not over nine feet in height may have a maximum sign area of four square feet;
(2)
Other containers or units may have one flat-mounted sign per side of container or wall of enclosure with a maximum sign area of 20% of the surface of the side of the container or enclosure or 16 square feet, whichever is greater;
(l)
The use of the facility for collection of solid wastes or hazardous wastes is prohibited;
(m)
If the permit expires without renewal, the collection facility shall be removed from the site on the day following expiration of the permit;
(n)
Any facility located within 100 feet of a property zoned or used for residential or professional purposes shall be operated only between 9:00 a.m. and 7:00 p.m. Any other facility shall be operated only during the hours of operation of the host business. Any containers used for the donation of materials 24 hours a day shall be located at least 30 feet from any property zoned or used for residential or professional purposes unless there is a recognized service corridor and acoustical shielding between the containers and the residential or professional use;
(o)
The facility shall comply with all development requirements established by the zone in which it is located;
(p)
Any mobile recycling unit shall have an area clearly marked to prohibit other vehicular parking during the hours when the mobile unit is scheduled to be present;
(q)
The occupation of parking spaces by the facility and by an attendant shall not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:
(1)
The facility is located in a convenience zone or in a potential convenience zone as designated by the California Department of Conservation;
(2)
A parking study shows that existing parking capacity is not already fully utilized during the time when the recycling facility will be on the site; and
(3)
The permit will be reconsidered at the end of 12 months.
When all of the conditions are satisfied, parking spaces may then be reduced as follows:
For a commercial host use:
Number of Available Parking Spaces | Maximum Reduction |
|---|---|
0—25 | 0 |
26—35 | 2 |
36—49 | 3 |
50—99 | 4 |
100+ | 5 |
A maximum reduction of five spaces will be allowed for a community facility host use when the reduction does not conflict with parking needs of the host use.
(Ord. 419, § 2)
§ 9-2.3804 Standards for Large Collection Facilities and Processing Facilities.
(a)
The facility shall be located at least 150 feet from the property line of property zoned or used for residential or professional purposes;
(b)
The facility shall be located within a fully enclosed building or within an area enclosed by a solid wood or masonry fence at least six feet in height;
(c)
The facility shall comply with all development, requirements established by the zone in which it is located. In addition, if any processing facility is located less than 25 feet from the property line, the facility shall provide a landscape strip at least 10 feet wide along such property line;
(d)
Any facility located within 500 feet of property zoned or used for residential or professional purposes shall not be operated between 7:00 p.m. and 7:00 am. Processing facilities shall be administered by on-site personnel during the hours the facility is operated;
(e)
The noise level produced at the facility shall not exceed 55 dBA as measured at the property line of any residential or professional use, and shall not exceed 60 dBA at any other location;
(f)
Sign criteria shall be those established by the zone in which the facility is located. In addition, the facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation. Directional signs may be installed, with the approval of the Planning Director if necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way;
(g)
Any containers or enclosures provided for after-hours donation of recyclable materials shall be located at least 50 feet from any property zoned or used for residential or professional purposes; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate the materials collected; and shall be secured from unauthorized entry or removal of materials. The containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a notice stating that no material shall be left outside the recycling containers;
(h)
No dust, fumes, smoke, vibration or odors from processing facilities may be detectable on neighboring properties;
(i)
The site shall be maintained free of litter, dust, flies and any other undesirable materials or vermin, shall be cleared of loose debris on a daily basis, and shall be secured from unauthorized entry and removal of materials when attendants are not present;
(j)
The facility shall provide for the washing or sealed storage of recyclable materials within 24 hours of deposit to the satisfaction of the Code Enforcement Officer;
(k)
Power-driven processing shall be permitted at processing facilities and at those large collection facilities approved by the Planning Director, provided all noise level requirements are satisfied;
(l)
Processing facilities may accept used motor oil for recycling, in accordance with Section 25250.11 of the California Health and Safety Code;
(m)
Any recyclable materials which are stored outside of a building shall be stored in sturdy containers or enclosures which are covered, secured, and maintained in good condition. Storage containers for flammable material shall be constructed of nonflammable material oil storage must be in containers approved by the Director of Planning. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;
(n)
Space shall be provided on site for the anticipated peak number of customers to circulate, park and deposit recyclable materials. Space shall be provided for a minimum of 10 customers, except where the Planning Director determines that allowing overflow traffic above 10 vehicles is compatible with surrounding businesses and public safety;
(o)
In addition to the parking requirements established by the zone in which the facility is located, one parking space shall be provided for each commercial vehicle operated by the facility.
(Ord. 419, § 2)
§ 9-2.3805 Site Clean-Up Required.
The host business, if applicable, and the operator of any recycling, collection or processing facility shall, on a daily basis, remove any and all recyclable materials which have accumulated or are deposited outside the containers, bins, or enclosures intended as receptacles for such materials. Upon the failure to remove such materials, the City may deem them to be abandoned and may enter the site to remove the materials. The property owner(s) of the premises and the operator of the facility shall be liable for the full cost of any such removal by the City or by the City's authorized representative.
(Ord. 419, § 2)
§ 9-2.3806 Fees.
Each recycling facility shall pay to the City of Artesia annually the following applicable fees in order to compensate the City for the cost of inspecting the facility.
Reverse Vending Machines | $ 75.00 |
Small Collection Facility | 100.00 |
Large Collection Facility | 250.00 |
Processing Facility | 300.00 |
(Ord. 419, § 2)
§ 9-2.3807 Donation Collection Containers.
(a)
Prohibited. Except as expressly provided for in this section, no person shall place, operate, maintain, own or otherwise control a donation collection container on any sidewalk, public right-of-way, or on any public or private property in the City, and no person shall allow any other person to operate a donation collection container on property they own, lease, manage or control within any zone in the City.
(b)
Exception for Recyclable Materials. The prohibition contained in this section shall not apply to a donation collection container that is used exclusively for the collection of recyclable materials by a certified recycling facility or certified processor, and which is in compliance with the requirements and limitations of this article.
(c)
Amortization Period and Removal. All persons and entities who operate a donation collection container in the City existing on the effective date of this section shall have 90 days from the date that reasonable notice of the requirements of this section have been provided to that person or entity to remove any existing donation collection containers. In the event no identifying name, address or other contact information for the operator of the donation collection container appears on the container, no notice shall be required. If a donation collection container is located within the City limits 90 days after notice of this section has been sent to an operator of a donation collection container, the City may remove the donation collection container immediately. If a donation collection container is removed by the City, the operator shall be charged the actual costs of such removal, plus any applicable administrative or other costs and fees authorized to be collected by the City pursuant to federal, state, or local laws, rules and regulations, including this Code. Such charges, costs and fees shall be considered a debt to the City, and payment shall be a prerequisite to the issuance of any permit or other approvals by the City to the extent authorized by federal, state or local laws, rules or regulations.
(Ord. 14-812, § 7)