A.
To
implement the California Beverage Container Recycling and Litter Reduction
Act of 1986.
B.
To
establish reasonable rules and regulations regarding the siting and
operation of recycling facilities.
C.
To
make recycling of usable materials convenient to the consumer.
D.
To
prevent the generation of unreasonable noise levels.
E.
To
prevent litter and the encouragement of vermin.
F.
To
prevent the generation of dust, odors, and other unpleasant or unhealthy
airborne emissions.
G.
To
prevent the unauthorized accumulation or discharge of liquid and solid
wastes.
H.
To
prevent the creation of fire and explosion hazards.
I.
To
maintain adequate traffic circulation and parking.
K.
To preserve and enhance the quality of the physical appearance
of the city.
A.
Purpose and Applicability. The purpose of this section is to incorporate definitions which are consistent with the terms used in the California Beverage Container Recycling and Litter Reduction Act of 1986. The meaning and construction of words and phrases which appear in Chapter 17.08 of the city's zoning ordinance shall apply except where defined in this section or where the context of such words or phrases clearly indicates a different meaning. Where words are not defined in this section or elsewhere in the city's municipal code, their common meanings shall apply.
B.
"Collection facility"
"Mobile recycling unit"
"Processing facility"
a.
b.
"Recyclable material"
"Recycling facility"
"Reverse vending machine"
Definitions.
means a recycling facility which serves as 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 18.14.040(D)(13) and may include the following:
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 a recycling facility comprised of 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:
A light processing facility occupies an area of under forty-five
thousand square feet of gross collection, processing and storage area
and has up to an average of two outbound truck shipments per day.
Light processing facilities are limited to baling, briquetting, crushing,
compacting, grinding, shredding, and sorting of source-separated recyclable
material and repairing of reusable materials sufficient to qualify
as a certified processing facility. A light processing facility shall
not shred, compact, or bale ferrous metals other than food and beverage
containers.
A heavy processing facility is any processing facility other
than a light processing facility.
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 refuse or hazardous materials. Recyclable
material may include used motor oil collected and transported in accordance
with Section 25250.11 and Section 25143.2(b)(4) of the California
Health and Safety Code.
means 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.
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 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.
|
A bulk reverse vending machine 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.
|
A.
General
Provisions. No person shall permit the placement, construction, or
operation of any recycling facility without first obtaining a permit
pursuant to the provisions set forth in this section.
B.
Specific Permits Required. Recycling facilities may be permitted as set forth in subsections (B)(1) through (5) as follows:
1.
Reverse
vending machines may be established in the neighborhood commercial,
general commercial, and heavy commercial zones by administrative permit.
2.
Small
collection facilities may be established in the general commercial
and heavy commercial zones and upon the sites occupied by existing
supermarkets in other commercials zones by minor use permit.
3.
Large
collection facilities may be established in the general commercial,
heavy commercial and light industrial zones by conditional use permit.
4.
Light
processing facilities may be established in the light industrial zone
by conditional use permit.
5.
Heavy
processing facilities may be established in the light industrial zone
by conditional use permit.
A.
General
Criteria and Standards. Those recycling facilities permitted with
an administrative permit shall meet all of the applicable criteria
and standards listed. Those recycling facilities permitted with a
minor use permit or conditional use permit shall meet the applicable
criteria and standards, provided that the community development director,
planning commission, or city council may relax such standards or impose
stricter standards as an exercise of discretion upon a finding that
such modifications are reasonably necessary in order to implement
the general intent of this section, the purposes of this title and
the goals and policies of the city's general plan.
B.
Reverse Vending Machines. Reverse
vending machine(s), enclosed within a commercial structure do not
require discretionary permits. Reverse vending machines do not require
additional parking spaces for recycling customers and may be permitted
in the neighborhood commercial, general commercial, and heavy commercial
zones with an administrative use permit provided that they comply
with the following standards:
a.
They
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 of Lemon Grove;
b.
They
shall be located within thirty feet of the entrance to the commercial
structure and shall not obstruct pedestrian or vehicular circulation;
c.
They
shall not occupy parking spaces required by the primary facility;
d.
They
shall occupy no more than fifty square feet of floor space per installation,
including any protective enclosure, and shall be no more than eight
feet in height;
e.
They
shall be constructed and maintained with durable waterproof and rustproof
material;
f.
They
shall be clearly marked to identify the type of material to be deposited,
operating instructions and the identity and telephone number of the
operator or responsible person to call if the machine is inoperative;
g.
They
shall have a sign area of a maximum of four square feet per machine,
exclusive of operating instructions;
h.
They
shall be maintained in a clean, litter-free condition on a daily basis;
i.
Operating
hours shall be at least the operating hours of the host use;
j.
They
shall be illuminated to ensure comfortable and safe operation if operating
hours are between dusk and dawn.
C.
Small
Collection Facilities. Small collection facilities may be established
in the general commercial and heavy commercial zones by minor use
permit. The following shall be considered the minimum standards for
such facilities:
1.
They
shall be established in conjunction with an existing commercial use
or community service facility which is in compliance with the zoning,
building and fire codes of the city of Lemon Grove;
2.
They
shall be no larger than five hundred 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;
3.
They
shall be set back at least ten feet from any street line and shall
not obstruct pedestrian or vehicular site distance or circulation;
4.
They
shall accept only glass, metals, plastic containers, papers and reusable
items. Used motor oil may be accepted with permission of the health
official and the fire chief;
5.
They
shall use no power-driven processing equipment except for reverse
vending machines;
6.
They
shall use containers that are constructed and maintained with durable
waterproof and rust-proof 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.
They
shall store all recyclable material in containers or in the mobile
unit vehicle, and shall not leave materials outside of containers
when attendant is not present;
8.
They
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.
They
shall not exceed noise levels of sixty dBA as measured at the property
line of residentially zoned or occupied property, otherwise noise
shall not exceed seventy dBA;
10.
Attended facilities located within one hundred feet of a zoned or
occupied for residential use shall operate only during the hours between
nine a.m. and seven p.m.;
11.
Containers for the twenty-four-hour donation of materials shall be
at least thirty feet from any property zoned or occupied for residential
use unless there is a driveway or similar service corridor and acoustical
shielding between the containers and the residential use;
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 displayed as follows:
a.
One identification sign with an area not to exceed fifteen percent of the area of one face of a rectangular facility and one identification sign for each of the remaining faces not exceeding seven and one-half percent of the area of each face in addition to a single sign providing the information required in subsection (C)(12) of this section in the case of a multisided, irregularly-shaped or circular facility, the community development director shall, using the sign area criteria for rectangular facilities as a guide, determine the permitted sign area; except as otherwise stated in this section, signs will generally conform to the city's sign ordinance, Chapter 18.12 of the Lemon Grove Municipal Code,
b.
Signs shall be consistent with the character of the location,
c.
Directional signs, bearing no advertising message, may be approved
by the community development director if 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 local ordinances
for any other permitted 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 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 the 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, by a person qualified to perform such study, shows
that existing parking capacity is not already fully utilized during
the time the recycling facility will be on the site. The permit will
be re-considered at the end of eighteen months,
c.
If, at the end of the eighteen-month period, the community development
director determines that the use of a portion of the existing parking
area by the recycling facility and its attendant has not adversely
affected the host use or the users or owners of adjacent businesses
or properties, a reduction in available parking spaces in an established
facility may then be allowed as follows:
For a commercial use:
|
Number of Available Parking Spaces Maximum Reduction
|
Maximum Reduction
|
|---|---|
|
0 – 25
|
0
|
|
26 – 35
|
2
|
|
36 – 49
|
3
|
|
50 – 99
|
4
|
|
100 +
|
5
|
For a community facility host use:
A maximum five spaces reduction will be allowed when not in
conflict with parking needs of the host use;
18.
If the permit expires without renewal, the collection facility shall
be removed from the site on the day following permit expiration.
D.
Large
Collection Facilities A large collection facility is one that is larger
than five hundred square feet, or is on a separate property not appurtenant
to a host use, and which may have a permanent building. A large collection
facility is permitted in the general commercial, heavy commercial,
and light industrial zones with a conditional use permit, provided
the facility meets the following standards:
1.
The
facility does not abut a property zoned or planned for residential
use;
2.
3.
Minimum
setback and landscape requirements shall be those provided for the
zoning district in which the facility is located;
4.
If
exterior storage of material is permitted, such material shall be
in sturdy containers which are covered, secured, and maintained in
good conditions. Storage containers for flammable material shall be
constructed of nonflammable material. Oil storage must be in containers
approved by the fire chief. Generally, no storage will be visible
above the height of the fencing or other approved screening;
5.
The
site shall be maintained free of odors, dust, litter and any other
undesirable materials, and will be cleaned of loose debris on a daily
basis;
6.
Full-size
parking spaces will be provided on site for a minimum of six customer
vehicles or the anticipated peak customer load, which ever is higher,
to circulate and deposit recyclable materials;
7.
One
parking space will be provided for each commercial vehicle operated
by the recycling facility. Parking requirements will be as provided
for in the zone, except that parking requirements for employees may
be reduced when it can be shown that parking spaces are not necessary
such as when employees are transported in a company vehicle to a work
facility;
8.
Noise
levels shall conform to city standards;
9.
If
the facility is located within five hundred feet of property zoned,
planned or occupied for residential use, it shall not be in operation
between seven p.m. and seven a.m.;
10.
Any containers provided for after-hours donation of recyclable materials
will be at least fifty 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;
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 of recycling
containers;
12.
The facility will be clearly marked with the name and telephone 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 if approved
by the planning commission or city council, if necessary, to facilitate
traffic circulation of 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
by the planning commission if noise and other conditions are met.
E.
Processing
Facilities. Processing facilities are permitted in the light industrial
zone with a conditional use permit subject to the following conditions:
1.
The
facility shall not abut a property zoned for or planned for residential
use.
2.
Processors
shall operate in a wholly enclosed building except for incidental
accessory storage which shall be within an area enclosed on all sides
by an opaque fence or wall not less than eight feet in height and
landscaped on all street frontages.
3.
Power-driven
processing will be permitted, provided all city 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
square feet and shall have no more than an average of two outbound
truck shipments of material per day and may not shred, compact or
bale ferrous metal other than food and beverage containers.
5.
A
processing facility may accept used motor oil for recycling from the
generator in accordance with Section 25250.11 of the California Health
and Safety Code.
6.
Setbacks
and landscaping shall conform to the standards which are generally
applied to uses which are established in the light industrial zone.
7.
If
any outdoor storage is approved, such 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
approved by the fire chief. Generally, no storage, excluding vehicles,
will be visible above the height of the fencing.
8.
The
site shall be maintained free of litter and any other undesirable
materials, will be cleaned of loose debris on a daily basis and will
be cleaned 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 vehicles,
employees aid 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 customers or the peak load, whichever is greater.
10.
One parking space will be provided for each commercial vehicle operated
by the processing facility. Parking requirements will otherwise be
as mandated by the parking regulations which are set forth in the
city's zoning ordinance.
11.
Noise levels shall not exceed 60 dBA as measured at the property
line of residentially zoned or occupied property, or otherwise shall
not exceed 70 dBA.
12.
The facility shall not be in operation between the hours of seven
p.m. and seven 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
shall be at least fifty 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 materials shall be left outside the recycling containers.
15.
Sign requirements shall be those provided for the zoning district
in which the facility is located. In addition, the facility will be
clearly marked with the name and phone number of the facility operator
and the hours of operation.
A.
Public
Nuisance. Any recycling facility which is operated in a manner other
than as approved by the city may be declared a public nuisance.
B.
Notice
of Violation. When the operator of a recycling facility has received
written notice that such facility fails to comply with all appropriate
city codes and ordinances, and with any specific conditions attached
to the approval of such facility, the operator shall comply fully
with the city's requirements within a period of time to be determined
by the community development director.
C.
Time
of Compliance. When the community development director determines
that a recycling facility's failure to comply with the city's requirements
results in an immediate threat to the public health and safety, the
director shall issue a written order requiring compliance forthwith.
In no case shall the operator be given more than thirty days to comply.
D.
Public
Hearing. If the operator of a recycling facility has not complied
with the community development director's order to cease a violation
of city requirements within the prescribed time period, a public hearing
will be held at the next regular meeting of the planning commission
to consider the revocation of the permit which authorized the establishment
of the recycling facility.
E.
Action
of the Planning Commission. If, after a public hearing, the planning
commission determines that a recycling facility is being operated
in a manner which constitutes a violation of this chapter, it may
either revoke the permit which provided for the establishment of such
facility or it may grant an extension of the time period within which
the operator must fully comply with all city requirements.
Any order, requirement, decision or other determination made according to this chapter may be appealed pursuant to the requirements and procedures set forth in Section 17.28.020 of the city of Lemon Grove zoning ordinance.
(Ord. 386 § 3, 2009)
