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Mission Viejo City Zoning Code

CHAPTER 9

23.- RECYCLING FACILITIES

Sec. 9.23.005.- Purpose.

The purpose of this chapter is to establish standards and procedures for the siting and operation of various types and sizes of recycling facilities.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.23.010. - Definitions.

(a)

For the purposes of this chapter, the following definitions shall apply:

(1)

Collection facility. A center for the acceptance by donation, redemption, or purchase of recyclable materials from the public, which may include the following:

a.

Reverse vending machine(s).

b.

Small collection facilities which occupy an area of less than 350 square feet and may include:

(i)

A mobile unit.

(ii)

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than 50 square feet.

(iii)

Kiosk-type units which may include permanent structures.

c.

Large collection facilities which may occupy an area of more than 350 square feet and may include permanent structures.

(2)

Mobile recycling unit. An automobile, truck, trailer, or van licensed by the Department of Motor Vehicles which is used for the collection of recyclable materials, including bins, boxes, or containers transported by trucks, vans, or trailers, and used for the collection of recyclable materials.

(3)

Convenience zones. An area within a two-mile radius of a supermarket.

(4)

Supermarket. A full-service, self-service retail store with gross annual sales of $2,000,000.00 or more, which sells a line of dry grocery, canned goods, or nonfood items and some perishable items.

(5)

Processing facility. A structure or enclosed space used for the collection and processing of recyclable materials either to prepare for shipment or to meet an end-user's specifications. Processing facilities include the following:

a.

Light processing facility occupies an area of under 45,000 square feet of collection, processing and storage area, and averages two outbound truck shipments each day. Light processing facilities include the following: baling, briquetting, crushing, compacting, grinding, shredding, and sorting of source separated recyclable materials sufficient to qualify as a certified processing facility. A light processing facility shall not shred, compact, or bale metals other than food and beverage containers.

b.

A heavy processing facility is any processing facility other than a light processing facility.

(6)

Recycling facility. A center for the collection and/or processing of recyclable materials. A certified recycling facility or certified processor is certified by the California Department of Conservation as meeting the requirements of State law (California Beverage Container Recycling and Litter Reduction Act of 1986). A recycling facility does not include storage containers located on a residential, commercial, or industrial parcel used solely for the recycling of material generated on the parcel.

(7)

Recycling or recyclable material. Reusable household materials and containers including, but not limited to, metals, glass, plastic, and paper which are intended for reuse, remanufacture, or reconstitution for the purpose of using in altered form. Recyclable material does not include refuse or hazardous materials.

(8)

Reverse vending machine. An automated mechanical device which accepts one or more types of empty beverage containers including, but not limited to aluminum cans, glass bottles, 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 state law. A reverse vending machine may sort and process containers mechanically provided that the entire process is enclosed within the machine. To accept and temporarily store all 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.

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.23.015. - Applicability.

Any recycling facility intending to operate in the city shall comply with all of the provisions in this chapter and are subject to permit review in all commercial and business industrial zoning districts according to the following schedule:

Type of Facility Zoning Districts Permitted Permit Required
Reverse vending machine(s) Commercial neighborhood,
Commercial community,
Business park/industrial
Planned development permit
Permit and up to five vending machines
Small collection machine(s) Commercial neighborhood,
Commercial community,
Business park/industrial
Planned development permit
Large collection Business park/industrial Conditional use permit
Light processing None Prohibited
Heavy processing None Prohibited

 

(Ord. No. 98-193, §§ 1—4, 10-19-98)

Sec. 9.23.020. - General standards.

(a)

All recycling facilities shall comply with the following standards:

(1)

Reverse vending machine(s) located within a commercial structure shall not require additional parking spaces for recycling customers and may be permitted in all commercial and industrial zoning districts with a planned development permit subject to compliance with the following standards:

a.

Shall be an accessory use to a commercial facility which is in full compliance with all applicable provisions of this code and the Municipal Code.

b.

Shall be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

c.

Shall not occupy parking spaces required by the primary use.

d.

Shall occupy no more than 50 square feet of floor space for each installation, including any protective enclosure, and shall be no more than eight feet in height.

e.

Shall be constructed and maintained with durable waterproof and rustproof material.

f.

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.

g.

Shall have a maximum sign area of four square feet per machine, exclusive of operating instructions.

h.

Shall be maintained in a clean, sanitary, and litter-free condition on a daily basis.

i.

Shall have operating hours which are consistent with the operating hours of the primary use.

j.

Shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.

k.

Shall maintain an adequate on-site refuse container for disposal of nonhazardous waste.

(b)

Small collection facilities located within applicable commercial and industrial zoning districts shall be subject to a planned development permit and comply with the following standards:

(1)

Shall be installed as an accessory use to an existing commercial use which is in full compliance with all applicable provisions of this code and the Municipal Code.

(2)

Shall be no larger than 350 square feet and occupy no more than three parking spaces not including space that will be periodically needed for removal of materials or exchange of containers.

(3)

Shall be set back at least ten feet from any public right-of-way, and not obstruct pedestrian or vehicular circulation.

(4)

Shall accept only glass, metals, plastic containers, papers and reusable items.

(5)

Shall use no power-driven processing equipment except for reverse vending machines.

(6)

Shall use containers that are constructed and maintained with durable waterproof and rustproof material, covered when site is not attended, secured from unauthorized entry or removal of material, and shall be of a capacity sufficient to accommodate materials collected and the collection schedule.

(7)

Shall store all recyclable material in the mobile unit vehicle and shall not leave materials outside of the unit when attendant is not present.

(8)

Shall ensure that the site is maintained clean, sanitary and free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis.

(9)

Shall not exceed noise levels of 65 dB(A) as measured at the property line of adjacent residential zoning districts pursuant to chapter 9.22 (Noise Standards).

(10)

Attended facilities shall not be located within 30 feet of any residential zoning district.

(11)

Collection containers, site fencing, and signage shall be of a color and design so as to be both compatible and harmonious with the surrounding uses and neighborhood.

(12)

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 telephone number of the facility operator and the hours of operation and display a notice stating that no material shall be left outside the recycling enclosure.

(13)

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum area of 15 percent per side of a structure or 16 square feet, whichever is greater. In the case of a wheeled facility, the side will be measured from the ground to the top of the container.

b.

Signs shall be consistent with the character of their location.

c.

Directional signs, consistent with chapter 9.29 (Sign Standards), bearing no advertising message may be installed with the approval of the director if found necessary to facilitate traffic circulation or if the facility is not visible from the public right-of-way.

(14)

The facility shall not impair the landscaping required by chapter 9.27 (Landscaping Standards) for any concurrent use allowed by this code or any permit issued pursuant thereto.

(15)

No additional parking space shall be required for customers of a small collection facility located in the established parking lot of the primary use. One space shall be provided for the attendant.

(16)

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.

(17)

Occupation of parking spaces by the facility and by the attendant shall not reduce available parking spaces below the minimum number required for the primary use unless all of the following conditions exist:

a.

A parking study shows that existing parking capacity is not already fully utilized during the time the recycling facility will be on the site.

b.

The permit shall be reviewed at the end of 18 months and again thereafter, as determined by the review authority.

(18)

Small collection facilities shall not be 24-hour operations.

(19)

Small collection facilities may be subject to landscaping and/or screening as determined by the review authority.

(20)

Shall maintain adequate refuse containers for the disposal of nonhazardous waste.

(c)

A large collection facility or a small collection facility that is a primary use on a separate parcel is permitted in the commercial, and industrial zoning districts, subject to a conditional use permit, and the following standards:

(1)

The facility does not abut a parcel zoned or planned for residential use.

(2)

The facility shall be screened from the public right-of-way, within an enclosed structure.

(3)

Structure setbacks and landscape requirements shall be those provided for the zoning district in which the facility is located.

(4)

All exterior storage of material shall be in sturdy containers which are covered, secured, and maintained in good condition at all times. Outdoor storage shall be screened by a six-foot high, solid decorative masonry wall. No storage, excluding truck trailers shall be visible above the height of the wall.

(5)

The site shall be maintained clean, sanitary and free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis.

(6)

Space shall be provided on-site for six vehicles to circulate and to deposit recyclable materials.

(7)

Four parking spaces for employees plus one parking space for each commercial vehicle operated by the recycling facility shall be provided on-site.

(8)

Noise levels shall not exceed 65 dB(A) as measured at the property line of adjacent residential zoning districts pursuant to chapter 9.22 (Noise Standards).

(9)

If the facility is located within 500 feet of property zoned, or planned for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m.

(10)

Any containers provided for "after hours" donation of recyclable materials shall be permanently located at least 50 feet from any residential zoning district, constructed of sturdy, rustproof materials, with sufficient capacity to accommodate materials collected, and secured from unauthorized entry or removal of materials.

(11)

Donation areas shall be kept free of litter and any other undesirable material and 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.

(12)

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 applicable zoning district and directional signs bearing no advertising message may be installed with the approval of the director, if necessary to facilitate traffic circulation.

(13)

Adequate refuse containers for the disposal of non-hazardous waste shall be permanently maintained on-site.

(d)

Any permit issued pursuant to this chapter shall have a maximum term of one year. Prior to permit renewal, the city shall take into consideration the permittee's history of compliance with the established conditions of approval, as well as the provisions of this chapter and the Municipal Code.

(Ord. No. 98-193, §§ 1—4, 10-19-98)