The purpose of this chapter is to encourage, and to provide procedures for, the establishment of recyclable materials collection and processing facilities. These centers may be established as standalone redemption or processing facilities, or may operate in conjunction with a supermarket pursuant to the provisions of this chapter.

(Ord. No. 12-05, § 3, 4-24-2012)

Recycling facilities may be permitted or conditionally permitted, dependent upon their classification, as described herein. Standards of application and review are determined by both the classification of the facility and the zoning district in which it is proposed to be located.

A.

Reverse Vending Machines. Permitted in all commercial and manufacturing districts subject to the provisions of Section 17.08.110.

B.

Collection Facilities, Small.

1.

Permitted in all manufacturing districts subject to the provisions of Section 17.08.110.

2.

Permitted in the C-2 and C-3 districts subject to the provisions of Section 17.08.090.

C.

Collection Facilities, Large.

1.

Permitted in all manufacturing districts subject to the provisions of Section 17.08.090.

2.

Conditionally permitted in the C-2 and C-3 districts subject to the provisions of Section 17.08.050.

D.

Processing Facilities, Light.

1.

Conditionally permitted in all commercial districts subject to the provisions of Section 17.08.050

2.

Conditionally permitted in the M-1 district subject to the provisions of Section 17.08.050.

3.

Permitted in the M-2 district subject to the provisions of Section 17.08.090.

E.

Processing Facilities, Heavy. Conditionally permitted in all manufacturing districts subject to the provisions of Section 17.08.050.

(Ord. No. 12-05, § 3, 4-24-2012)

A.

Reverse Vending Machines—Freestanding. No limitation.

B.

Collection Facilities and Processing Facilities.

1.

Within commercial districts, the combined number of collection facilities and processing facilities shall not exceed one per three thousand (3,000) residents, or portion thereof, in the city. For the purposes of this section, population shall be based upon the most recent California Department of Finance estimate.

2.

Within manufacturing districts, no limitation.

(Ord. No. 12-05, § 3, 4-24-2012)

For the purposes of this chapter, "city manager" shall mean the city manager of the city of Mendota or his/her designee.

A.

Filing. An application for a recycling facility shall be submitted to the city manager. For rental property, the property owner or property manager shall provide written authorization for the proposed use at the time of application submittal.

B.

Type of Application. Applications for recycling facilities shall correspond to the required type of application pursuant to Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.

C.

Review. Review and processing procedures for recycling facilities shall correspond to the required review and processing procedures pursuant to Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.

D.

Public Notice. Public notice procedures for recycling facilities shall correspond to the required public noticing pursuant to Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.

E.

Fees. Fees for the review and processing of recycling facilities shall correspond to the fees required pursuant to the procedures contained within Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.

F.

Approval or Denial. The approval or denial of an application for recycling facilities shall correspond to the procedures contained within Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.

G.

Appeal of Decision. The appeal process for an application for a recycling facility that is denied shall correspond to the appropriate procedure pursuant to Section 17.08.050, Section 17.08.090, or Section 17.08.110, respectively.

H.

Business License Required. Following approval of a recycling facility, but prior to initiation of the use, the applicant shall have applied for and received a business license from the city of Mendota for operation of said use pursuant to Title 5 of this code.

(Ord. No. 12-05, § 3, 4-24-2012)

A.

For uses occupying a structure, such uses shall comply with Title 15 of this code.

B.

Any activities beyond collection including, but not limited to, sorting, storage, and/or processing of materials, shall be within an entirely enclosed structure, excepting the use of reverse vending machines that are themselves entirely enclosed.

C.

A site used for the operation of a recycling facility shall be maintained by the operator and shall be kept free of debris and other material consistent with the provisions of Chapters 8.16, 8.20, 8.24, and 8.28 of this code.

D.

Development standards. A recycling facility shall comply with the property development standards of the zoning district in which it is located. The provisions of Chapter 17.88 shall apply.

E.

Other operating standards and conditions of approval as may be applied during the review and approval process and that are determined to be necessary for the protection of the public health, safety, or general welfare.

(Ord. No. 12-05, § 3, 4-24-2012)

A.

Inspections. All operators of recycling facilities shall allow any city inspector or enforcement officer onto the premises to conduct inspections at any time during the facility's normal business hours, and shall make available any and all documents related to the operation of the facility.

B.

Notice of violation. If, after an inspection, the city inspector or officer finds that the operator has violated the conditions of approval or other requirements under this code, and the violation is determined to be correctable, the city may issue a notice of violation. Such notice shall advise the operator of the violation(s), possible remedies, and a date for compliance.

C.

Abatement, suspension and revocation.

1.

Abatement. If, after issuing a notice of violation, the city inspector or officer determines that the violations indicated within said letter have not been corrected by the date indicated, the city may initiate abatement proceedings pursuant to Section 8.28.050.

2.

Suspension. If, after issuing a notice of violation, the city inspector or officer determines that the violations indicated within said letter have not been corrected by the date indicated, the city may suspend or limit the operation of the subject facility. The city shall notify the operator in writing, the effective date(s) of the suspension or limitation, the reason(s) for suspension or limitation, the activities that may and may not be conducted during limitation, and corrective steps necessary for reinstatement of permission to operate the facility normally.

3.

Revocation. If, after issuing a notice of violation, the city inspector or officer determines that the violations indicated within said letter have not been corrected by the date indicated, the city may initiate revocation proceedings pursuant to the provisions of Section 17.08.050.

D.

Penalty. In addition to the provisions of [subsections] (B) and (C) above, any violation of this chapter shall be deemed an infraction, and shall be subject to the general penalty as described in Chapter 1.20 of this code.

(Ord. No. 12-05, § 3, 4-24-2012)

A.

Permitted Facilities.

1.

Upon the effective date of this chapter, all pre-existing permitted recycling facilities shall become nonconforming uses, and thenceforth shall comply with the provisions of Chapter 17.92 of this code.

2.

All pre-existing, permitted recycling facilities shall comply with the provisions of Title 5 of this code.

B.

Non-Permitted Facilities. All pre-existing, non-permitted recycling facilities shall conform to the requirements of this chapter within sixty (60) days of the effective date of this chapter.

(Ord. No. 12-05, § 3, 4-24-2012)