As used in this article the following terms shall have the following meanings:

(a)

Recyclable material. Recyclable material is 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 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.

(b)

Recycling facility. A recycling facility is a center for the collection and/or processing of recyclable materials. 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 include collection facilities and processing facilities.

(c)

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 section 41-1253. Collection facilities may include the following:

(1)

A reverse vending machine; an automated mechanical device which accepts at least one (1) 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 reversing 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 (3) 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.

(2)

Small collection facilities which occupy an area of not more than five hundred (500) square feet, including the following:

A mobile recycling unit; A mobile recycling unit 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.

Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet; is designed to accept more than one (1) container at a time; and will pay by weight instead of by container.

Kiosk type units, which may include permanent structures;

Unattended containers placed for the donation of recyclable materials;

(3)

Large collection facilities which occupy an area of more than five hundred (500) square feet and may include permanent structures.

(d)

Processing facility. 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, or to an end-user's specifications, by such means as baling, briquetting, compacting, flattening, grinding, crushing, mechanical sorting, shredding, cleaning, and remanufacturing. Processing facilities include the following:

(1)

A light processing facility occupies an area of under forty-five thousand (45,000) square feet of gross collection, processing and storage area and has up to an average of two (2) outboard 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 sufficient to quality as a certified processing facility. A light processing facility shall not shred, compact, or bale ferrous metals other than food and beverage containers.

(2)

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

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. 2333, § 3, 10-6-97)

(a)

No person shall cause or permit the placement, construction, or operation of any small collection facility which is not located on property within a commercial zoning district and designated as a convenience zone where such uses are permitted by this section and which has not been issued either a land use certificate or a conditional use permit as required by this section and has produced documentation verifying certification by the State of California Department of Conservation. Applicants must also provide written proof of possession of State of California Workman's Compensation coverage and be in possession of a current Weighmaster's License.

(b)

Small collection facilities may be permitted on any property which is zoned and used for commercial and designated as a convenience zone or on property within an industrial zoning district. Light processing facilities and heavy processing facilities are permitted only in the M1 and M2 zoning districts with the approval of a conditional use permit.

(c)

A land use certificate shall be issued for any small collection facility which complies with the applicable standards set forth in this article.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 4, 10-6-97; Ord. No. NS-3038, § 36, 2-7-23)

Each reverse vending machine:

(1)

Shall be established in conjunction with a commercial use which is in compliance with all applicable zoning, building and fire code requirements;

(2)

Shall be located in the interior of the building, within thirty (30) feet of the entrance to the commercial structure and shall not obstruct pedestrian circulation;

(3)

Shall occupy no more than fifty (50) square feet of floor space per installation, including any protective enclosure, and shall be no more than eight (8) feet in height;

(4)

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

(5)

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;

(6)

Shall have a sign area of a maximum of four (4) square feet per machine, exclusive of operating instructions;

(7)

Shall be maintained in a clean, litter-free condition on a daily basis;

(8)

Shall have operating hours which are at least the operating hours of the host use.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 5, 10-6-97)

Only one (1) small collection facility may occupy a convenience zone at any time; and, each small collection facility:

(1)

Shall be established in conjunction with an existing commercial use which is in a convenience zone and not host to another operating small collection facility and is in compliance with all applicable zoning, building and fire code requirements;

(2)

Shall be no larger than five hundred (500) square feet;

(3)

Shall be set back at least fifty (50) feet from any street line and shall not obstruct pedestrian or vehicular circulation;

(4)

Shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may not be accepted at these locations;

(5)

Shall use no power-driven processing equipment;

(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 collection schedule;

(7)

Shall store all recyclable material in containers or in the mobile unit vehicle, and shall not leave materials outside of containers where attendant is not present;

(8)

Shall be 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, shall be swept at the end of each collection day;

(9)

Shall not exceed noise levels of sixty (60) dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed seventy (70) dBA; and

(10)

Shall provide access to water/hose bib within fifty (50) feet.

(11)

Recycling facilities may not locate within one hundred (100) feet of a property zoned or occupied for residential use and shall operate only during the hours between 9:00 a.m. and 7:00 p.m.

(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 or containers.

(13)

Signs may be provided as follows:

a.

Recycling facilities may have identification signs with a maximum of twenty (20) per cent per side or sixteen (16) square feet, whichever is larger, in addition to informational signs required in subsection (b)(3) hereinabove; 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 existing signage inclusive of color.

c.

Directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator if necessary to facilitate traffic circulation, or if the facility is not visible from the public right-of-way.

d.

The zoning administrator may authorize increases in the number and size of signs upon findings that it is compatible with adjacent businesses.

e.

All sites must be in conformance with the provisions of Article XI of this chapter.

(14)

The facility shall not impair the landscaping required by this chapter for any concurrent use.

(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 (1) space will be provided for the attendant, if needed;

(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 may not reduce available parking spaces below the minimum number required for the primary host use unless all of the following conditions exist:

a.

The facility is located in a convenience zone or a potential convenience zone as designated by the California Department of Conservation;

b.

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

c.

A reduction in available parking spaces in an established parking facility may then be allowed as follows:

(18)

The facility shall be integrated into the existing site so as to not be obtrusive and will provide aesthetic applications that are compatible with the existing architecture.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 6, 10-6-97)

Large collection facilities shall be subject to the following standards:

(1)

The facility shall not abut a property zoned or used for residential purpose.

(2)

The facility shall be screened from the public right-of-way either by operating in an enclosed building, or by operating:

a.

Within an area enclosed by an opaque fence at least six (6) feet in height with landscaping;

b.

At least one hundred fifty (150) feet from property zoned or used for residential use; and

c.

In compliance with applicable noise standards.

(3)

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. Storage containers for flammable material shall be constructed of nonflammable material. Oil storage must be in containers approved by the fire department. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing.

(5)

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

(6)

Space will be provided on site for six (6) vehicles or the anticipated peak customer load, whichever is higher, to circulate and to deposit recyclable materials, except where the adjoining administrator determines that allowing overflow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(7)

One (1) parking space will be provided for each commercial vehicle operated by the recycling facility. Parking requirements for other vehicles will be as provided for in this chapter.

(8)

Noise levels shall not exceed fifty-five (55) dBA as measured at the property line of residentially zoned property, or otherwise shall not exceed seventy (70) dBA.

(9)

If the facility is located within five hundred (500) feet of property zoned, planned or occupied 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 will be at least fifty (50) feet from any property zoned or occupied for residential use, shall be of sturdy, rustproof construction, shall have sufficient capacity to accommodate materials collected, and shall be secure from unauthorized entry or removal of materials. Containers shall be at least ten (10) feet from any building;

(11)

Donation areas will be kept free of litter and any other undesirable material and the containers will 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 will be clearly marked with the name and phone number of the facility operator and the hours of operation; identification and informational signs will meet the standards of the zone; and directional signs, bearing no advertising message, may be installed with the approval of the zoning administrator, if necessary, to facilitate traffic circulation or if the facility is not visible from the public right-of-way;

(13)

Power-driven processing, including aluminum foil and can compacting, baling, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a conditional use permit process or at the discretion of the zoning administrator if noise and other conditions are met.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 7, 10-6-97)

Processing facilities are subject to the following standards:

(1)

The facility shall not abut a property zoned or used for residential purpose.

(2)

In a commercial zone, a light processing facility shall operate in a wholly enclosed building except for incidental storage of vehicles or equipment used on site.:

(3)

Power-driven processing shall be permitted, provided all noise level requirements are met. Light processing facilities are limited to baling, briquetting, crushing, compacting, grinding, shredding and sorting of source-separated recyclable materials and repairing of reusable materials.

(4)

A light processing facility shall be no larger than forty-five thousand (45,000) square feet and shall have no more than an average of two (2) outbound truck shipments of material per day and may not shred, compact or bale ferrous metals other than food and beverage containers.

(5)

A processing facility may accept used motor oil for recycling from the generator in accordance with Section 2520.11 of the California Health and Safety Code.

(6)

Setbacks and landscaping requirements shall be those provided for the zoning district in which the facility is located.

(7)

All exterior storage of material shall be 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 fire department. No storage excluding truck trailers and overseas containers will be visible above the height of the fencing.

(8)

The site shall be maintained free of litter and any other undesirable materials, and will be cleaned of loose debris on a daily basis and will be secured from unauthorized entry and removal of materials when attendants are not present.

(9)

Space shall be provided on site for the anticipated peak load of customers to circulate, park and deposit recyclable materials. If the facility is open to the public, space will be provided for a minimum of ten (10) customers except where the zoning administrator determines that allowing over-flow traffic above six (6) vehicles is compatible with surrounding businesses and public safety.

(10)

One (1) parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by this chapter.

(11)

Noise levels shall not exceed sixty (60) dBA as measured at the property line of residentially zoned or occupied property, or otherwise shall not exceed seventy (70) dBA.

(12)

If the facility is located within five hundred (500) feet of property zoned or used for residential use, it shall not be in operation between 7:00 p.m. and 7:00 a.m. The facility will be administered by on-site personnel during the hours the facility is open.

(13)

Any containers provided for after-hours donation of recyclable materials will be at least fifty (50) feet from any property zoned or occupied for residential use; shall be of sturdy, rustproof construction; shall have sufficient capacity to accommodate materials collected; and shall be secure from unauthorized entry or removal of materials.

(14)

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

(15)

Sign requirements shall be those provided by this chapter. In addition, the facility will be clearly marked with the name and phone number of the facility operator and the hours of operation.

(16)

No dust, fumes, smoke, vibration or odor above ambient level shall be detectable on neighboring properties.

(Ord. No. NS-1946, § 1, 1-19-88; Ord. No. NS-2333, § 8, 10-6-97)

(a)

To the extent of any inconsistency between the provisions of this article and other provisions of this chapter, the provisions of this article shall control.

(b)

Provisions of this chapter requiring that activities be conducted within an enclosed building do not apply to recycling facilities except as specified in this article.

(c)

Any recycling facility which is a "development project" within the meaning of section 41-668(a) of this chapter must comply with the development project plan approval process set forth in sections 41-668 through 41-674 of this chapter in addition to compliance with this article.

(Ord. No. NS-1946, § 1, 1-19-88)