Los Banos City Zoning Code
ARTICLE 29
RECYCLING FACILITIES
§ 9-3.2901 Purpose.
The purposes of this chapter are to establish standards for sifting and operating recycling facilities: (1) to implement the California Beverage Container Recycling and Litter Reduction Act of 1986; and (2) to provide a streamlined review and permit procedure so that facilities will operate in a manner that protects public safety; and (3) to encourage recycling while maintaining the aesthetic character of the City.
(§ 1, Ord. 840 C.S, eff. March 8, 1991)
§ 9-3.2902 Definitions.
For the purpose of this article, certain terms used here are defined as follows:
means 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 the container.
means a center for the acceptance by donation, redemption or purchase of recyclable materials from the public. Such a facility shall not use power driven processing equipment except as indicated in Section 9-3.2903, Criteria and standards. Collection facilities may include the following:
means a vehicle such as a truck, van, or trailer, 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 vehicles such as trucks, vans or trailers, and used for the collection of recyclable materials.
means a center for the collection and/or processing of recyclable material. A certified recycling facility or certified processor means 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. A recycling facility does not include storage containers or processing activity located on the premises of a residential, commercial or manufacturing use and used solely for the recycling of material generated by that residential property, business or manufacturer. Recycling facilities may include the following:
Collection facilities as defined in this section;
"Recyclable material"
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 may include used motor oil collected and transported in accordance with the California Health and Safety Code.
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 values 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.
(§ 1, Ord. 840 C.S., eff. March 8, 1991, as amended by § 248, Ord. 1095, eff. November 20, 2010)
§ 9-3.2903 Criteria and standards.
Recycling facilities permitted pursuant to this article shall meet all of the applicable criteria and standards listed below, in addition to any modifications or conditions of approval that the Planning Commission or City Council may impose as an exercise of discretion upon a finding that such modifications or conditions are reasonably necessary in order to implement the general intent of this section and the purposes of this chapter. The criteria and standards for recycling facilities are as follows:
(a)
Reverse Vending Machines. Reverse vending machines located completely inside of a building may be permitted subject to the following standards:
(1)
Shall be established in conjunction with a commercial use or community service facility which is in compliance with the zoning, building and fire codes of the City;
(2)
Shall be completely within the interior of the host use's building and located as closely as possible to an entrance and shall not obstruct pedestrian circulation;
(3)
Property owner's approval shall be required;
(4)
A business license and building and zoning compliance application shall be required;
(5)
Shall be constructed and maintained with durable waterproof and rustproof material;
(6)
Shall be 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)
Shall be maintained in a clean, litter-free condition on a daily basis;
(8)
Operating hours shall be at least the operating hours of the host use;
(9)
Shall be certified by the State Department of Conservation.
(b)
Small Collection Facilities. Small collection facilities may be permitted in certain commercial and industrial zoning districts through a use permit or site plan review; provided, that small collection facility is in compliance with the following standards:
(1)
Shall have an attendant present during all hours of operation. The facility is to be certified with the State Department of Conservation;
(2)
Shall be no larger than 500 square feet and occupy no more than five parking spaces not including space that will be periodically needed for removal of materials or exchange of containers. The facility shall not impair any required landscape area;
(3)
Shall be set back at least fifteen (15′) feet from any street line and shall not obstruct pedestrian or vehicular circulation;
(4)
Shall be designed to be architecturally compatible with the property and structures located on the subject site and those within close proximity and where possible shall be located near existing service oriented spaces such as at rear of buildings or near loading and trash collection areas;
(5)
Shall use containers that are constructed and maintained with durable waterproof and rustproof material, completely enclosed and covered, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and collection schedule;
(6)
Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted when collected and transported in accordance with the California Health and Safety Code and other applicable regulations;
(7)
Shall use no power-driven processing equipment;
(8)
Shall store all recyclable material in containers or in a mobile unit vehicle, and shall not leave materials outside of containers when attendant is not present;
(9)
Shall be maintained free of litter and any other undesirable materials, and mobile facilities, at which a truck or containers are removed at the end of each collection day, shall be swept at the end of each collection day;
(10)
Shall comply with the City Noise Control Ordinance and facilities located within one hundred (100′) feet of a property zoned or occupied for residential use, shall operate only during the hours between 9:00 a.m. and 7:00 p.m. or the hours of the host use, whichever is the more restrictive;
(11)
Containers shall be clearly marked to identify the type of material which may be deposited; the facility shall be clearly marked to identify the name and the telephone number of the facility operator and the hours of operation, and display a notice stating that no materials may be left outside the recycling enclosure or containers;
(12)
Signs shall be consistent with the City Sign Ordinance for the district in which the facility is located and shall be consistent with architectural character of the location;
(13)
Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the mobile unit is scheduled to be present.
(§ 1, Ord. 840 C.S, eff. March 8, 1991, as amended by § 250, Ord. 1095, eff. November 20, 2010)
§ 9-3.2904 Small collection facilities: Application procedure.
The application procedure for small collection facilities shall be as follows:
(a)
An application or a site plan, dependent upon the zoning classification shall be submitted to the Planning Department.
(b)
The application shall include plans, a statement of use, the latest prescribed fee, plot plan map and three hundred (300′) foot radius of property owners. Requirements on file with the Planning Division. If a site plan is required, submittal requirements shall be those as codified by the City Council.
(c)
A decision date shall be set a minimum of 21 calendar days from the date of accepting the completed application.
(d)
Not less then 10 calendar days prior to the decision date, notice of the proposed use shall be mailed to all property owners as shown on the last equalized assessment roll within a three hundred (300′) foot radius of the exterior boundaries of the subject property and at least 10 days prior to the date of such hearing, notices shall be published once in a newspaper of general circulation in the City.
(e)
A decision on the use permit or site plan shall be made by the Planning Commission at the next available meeting.
(f)
All decisions of the Planning Commission may be appealed to the City Council.
(§ 1, Ord. 840 C.S., eff. March 8, 1991, as amended by § 251, Ord. 1095, eff. November 20, 2010)
§ 9-3.2905 Small collection facilities: Location on vacant land.
A small collection facility may be established as a use subject to Planning Commission review and approval of a use permit and/or site plan approval. In considering a proposed small collection facility, the Planning Commission shall consider the following: impacts on adjacent residences and business; operating hours; provisions for adequate off-street parking and safe ingress and egress: impacts on City services, concentrations of similar uses; and, any other items associated with a proposed facility which may impact the community.
(§ 1, Ord. 840 C.S., eff. March 8, 1991, as amended by § 252, Ord. 1095, eff. November 20, 2010)
§ 9-3.2906 Large collection facilities.
Large collection facilities may be permitted in the Light Industrial Zoning District subject to the use permit approval and site development approval, where applicable. Large collection facilities are a permitted use in the General Industrial District but site plan approval is required. A large collection facility may be required to be certified by the State Department of Conservation and shall meet the following standards:
(a)
The facility shall not abut or be located within one hundred fifty (150′) feet from property zoned or occupied or residential use.
(b)
The facility shall be screened from the public right-of-way by walls, fences and/or screening landscaping and shall operate in a wholly enclosed building except for incidental outdoor storage which shall be in compliance with the other storage provisions of the zoning district in which the facility is located and with the requirements of this chapter.
(c)
The facility shall operate in compliance with the City Noise Control Ordinance.
(d)
Minimum setback and landscape requirements shall be those provided for the zoning district in which the facility is located.
(e)
Outdoor storage that is incidental to the collection facility may be permitted and shall be limited to only those materials and containers that are approved for recycling. Materials shall be stored in sturdy containers which are covered, secured and maintained in good condition. Storage containers for combustible material shall be constructed of noncombustible material. Acceptance of used motor oil and method of storage shall be in accordance with the California Health and Safety Code, and shall be in containers approved by Merced County Fire Department and Merced County Health Department.
(f)
The site shall be maintained free of litter and any other undesirable materials and shall be cleaned of loose debris on a daily basis.
(g)
The following minimum number of off-street parking spaces shall be provided:
(1)
Six customer parking spaces (if facility is open to the public);
(2)
One parking space for each commercial vehicle operated by the recycling facility;
(3)
One parking space for each employee;
(4)
Upon review of the proposed facility, the Planning Commission may require additional parking as a condition of use permit or site development approval.
(h)
If the facility is located within five hundred (500′) feet of property zoned or occupied for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. weekdays, 7:00 p.m. to 9:00 a.m. weekends.
(i)
Any container provided for after-hours donation of recyclable materials shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected and shall be secure from unauthorized entry or removal of material. Such containers shall be safely and conveniently located and shall not impede required parking, circulation loading or be located in any landscape area.
(j)
Donation areas shall be kept free of litter and any other undesirable material. Containers shall be clearly marked to identify the type of material that may be deposited. The facility shall display a two (2′) foot by three (3′) foot notice stating "DO NOT leave material outside the recycling containers, per Article 30 of Chapter 3 of Title 9, Planning and Zoning of the Los Banos Municipal Code."
(k)
The facility shall be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs shall meet the standards of the zone; additional directional signs bearing no advertising message may be installed with the approval of the Director of Community Development to further facilitate the recycling operation.
(§ 1, Ord. 840 C.S., eff. March 8, 1991, as amended by § 253, Ord. 1095, eff. November 20, 2010)