City Of Industry City Zoning Code
CHAPTER 17
52 RECYCLING FACILITIES
§ 17.52.010 Definitions.
The following words will have the meanings set forth in this section when used in this chapter:
means a reverse vending machine that is larger than fifty square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.
means 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 provided in Section 17.52.040. Collection facilities may include the following:
Reverse vending machine(s);
Small collection facilities that occupy an area of not more than five hundred square feet, and may include:
A mobile recycling unit;
Bulk reverse vending machines or a grouping of reverse vending machines;
Kiosk-type units which may include permanent structures;
Unattended containers placed for the donation of recyclable materials;
Small collection facilities do not include unattended containers placed outside for the donation of redeemable materials such as, but not limited to, clothing, furniture, household wares, toys, sports equipment, or electronic devices. Such unattended containers are not permitted in the city.
means 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.
means reusable material, including, but not limited to, metals, glass, plastic and paper, which are intended for reuse, remanufacture or reconstitution for the purpose of using the altered form. Recyclable material does not include redeemable material, refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Section 25250.11 and 25143.2 (b) (4) of the California Health and Safety Code.
means a collection facility defined in this section. A "certified recycling facility" means a collection facility certified by the California Department of Conservation as meeting the requirements of the California Beverage Container Recycling and Litter Reduction Act of 1986 (commencing with Section 14500 of the California Public Resources Code).
has the meaning set forth in Section 8.20.010 and generally means a material that has commercial value and is sold or donated to an entity other than a solid waste collector. Redeemable materials are commodities and are not part of the solid waste stream.
means 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 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.
(Ord. 545 § 3, 1988; Ord. 779 § 2, 2013)
§ 17.52.020 Permits required.
No person may permit the placement, construction or operation of any recycling facility within the city without first obtaining a use permit pursuant to Chapter 17.44 of this code. No such permit will be granted unless the proposed recycling facility complies with the provisions of this chapter.
(Ord. 545 § 3, 1988; Ord. 779 § 2, 2013)
§ 17.52.030 Permits for multiple sites.
A single permit may be granted to allow more than one reverse vending machine(s) or small collection facility located on different sites; provided that:
A.
The operator of each of the proposed facilities is the same;
B.
The proposed facilities are determined by the planning director to be similar in nature, size and intensity of activity; and
C.
All of the applicable criteria and standards set forth in this chapter are met for each such proposed facility.
(Ord. 545 § 3, 1988; Ord. 779 § 2, 2013)
§ 17.52.040 Criteria and standards.
The recycling facilities which are permitted in commercial and industrial zones, subject to the issuance of a use permit pursuant to Chapter 17.44 of this title, must meet all of the applicable criteria and standards contained in this section.
A.
Reverse Vending Machine(s). Reverse vending machine(s) located within a commercial structure do not require permits. Reverse vending machines located outside of a commercial structure are permitted uses in all commercial and industrial zones, subject to the issuance of a use permit as provided in Chapter 17.44 of this code. No such use permit will be granted by the planning director unless the proposed reverse vending machine(s) complies with the following standards:
1.
It is established in conjunction with a commercial or industrial use (hereinafter "host use") which is in compliance with the zoning, building and fire codes of the city.
2.
It does not obstruct pedestrian or vehicular circulation.
3.
It does not occupy parking spaces required by the host use as specified in Section 17.36.060 of this code.
4.
It occupies no more than fifty square feet of floor or ground space per installation, including any protective enclosure, and is no more than eight feet in height.
5.
It is constructed and maintained with durable waterproof and rustproof material.
6.
It is clearly marked to identify the type of material to be deposited, operating instructions, and the identity and phone number of the operator or responsible person to call if the machine is inoperative.
7.
It has a sign area of a maximum of four square feet per machine, exclusive of operating instructions.
8.
It is maintained in a clean, litter-free condition on a daily basis.
9.
Operating hours are at least the same operating hours of the host use.
10.
It is illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
11.
It is established pursuant to the written authorization of the property owner giving permission to the applicant to place the machine on his or her property.
12.
It is located within a "convenience zone" as that term is defined in the California Beverage Container Recycling and Litter Reduction Act (commencing with Section 14500 of the California Public Resources Code).
B.
Small Collection Facilities. Small collection facilities are permitted uses in commercial and industrial zones subject to the issuance of a use permit as provided in Chapter 17.44 of this code. No such use permit will be granted by the planning director unless the proposed small collection facilities comply with the following conditions:
1.
It is established in conjunction with an existing commercial or industrial use which is in compliance with the zoning, building and fire codes of the city.
2.
It is no larger than five hundred square feet and occupies no more than five parking spaces including space that will be periodically needed for removal of materials or exchange of containers.
3.
It is set back at least thirty feet from any street line and does not obstruct pedestrian or vehicular circulation.
4.
It accepts only glass, metals, plastic containers, and papers and may not accept redeemable materials such as clothing, furniture, household wares, toys, sports equipment, or electronic devices.
5.
It does not use any power-driven processing equipment except for reverse vending machines.
6.
It uses containers that are constructed and maintained with durable waterproof and rustproof material, is covered when site is not attended, is secured from unauthorized entry or removal of material, and is of a capacity sufficient to accommodate materials collected and collection schedule.
7.
It stores all recyclable material in containers or in a mobile recycling unit vehicle, and does not leave materials outside of containers when an attendant is not present.
8.
It is maintained free of litter and any other undesirable materials, and mobile facilities, at which truck or containers are removed at the end of each collection day, must be swept at the end of each collection day.
9.
It does not exceed noise levels of sixty dBA as measured at the property line of any residentially zoned or occupied property, and otherwise does not exceed seventy dBA.
10.
Attended facilities located within one hundred feet of a property zoned or occupied for residential use may operate only during the hours between nine a.m. and seven p.m.
11.
It must be at least thirty feet from any property zoned or occupied for residential use unless there is a recognized service corridor and acoustical shielding between the containers and the residential use.
12.
Containers must be clearly marked to identify the type of material which may be deposited; the facility must be clearly marked to identify the name and telephone number of the facility operator and the hours of operation, and display a notice stating that no material may be left outside the recycling enclosure or containers.
13.
Signs may be provided as follows:
a.
Recycling facilities may have identification signs with a maximum of twenty percent per side or sixteen square feet, whichever is larger, in addition to informational signs required in paragraph 12 of this subsection B; in the case of a wheeled facility, the side will be measured from the pavement to the top of the container.
b.
Signs must be consistent with the character of the location.
c.
Directional signs, bearing no advertising message, 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.
d.
The planning director may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.
14.
The facility may not impair any landscaping required by this title or any permit issued pursuant to this title.
15.
No additional parking spaces will be required for customers of a small collection facility located at the established parking lot of a host use. One space will be provided for the attendant, if needed.
16.
Mobile recycling units must have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
17.
Occupation of parking spaces by the facility, its operation, and by the attendant may not reduce available parking spaces below the minimum number required for the primary host use as specified in Section 17.36.060 of this code unless all of the following conditions exist:
a.
A parking study conducted by a certified traffic engineer and approved by the planning director shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site, and
b.
A reduction in available parking spaces in an established parking facility may then be allowed as follows:
Number of Available Parking Spaces | Maximum Reduction |
|---|---|
0—25 | 0 |
25—35 | 2 |
36—49 | 3 |
50—99 | 4 |
100+ | 5 |
18.
It is established pursuant to the written authorization of the property owner giving permission to the applicant to place the facilities on his or her property.
19.
It is located within a "convenience zone" as that term is defined in the California Beverage Container Recycling and Litter Reduction Act (commencing with Section 14500 of the California Public Resources Code).
20.
The permit for a small collection facility will be reviewed by the planning director after eighteen months from the date of issuance. In reviewing the use permit, the planning director will consider compliance with the permit, the provisions of this section, property maintenance, complaints, and any code enforcement actions. If it is determined that the facility is in violation of the permit and provisions of this section, the use permit may be revoked following the procedure described in Section 17.48.080 of this code.
(Ord. 545 § 3, 1988; Ord. 779 § 2, 2013)