Chapter 18.92
RECYCLING FACILITIES
18.92.030 Permits for multiple sites.
18.92.040 Criteria and standards.
18.92.050 Reverse vending machines.
18.92.060 Small collection facilities.
18.92.070 Large collection facilities.
18.92.080 Processing facilities.
18.92.090 Chapter supersedes other provisions.
18.92.010 Definitions.
For purposes of this chapter, the following terms shall have the meanings ascribed to them in this section:
(1) "Administrative permit" means a permit issued by the planning director after the conditions for issuance of such permit as set forth in this chapter have been met.
(2) "Bulk reverse vending machine" means a reverse vending machine that 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 bulk reverse vending machine shall be deemed to be a small collection facility and, as such, must meet the requirements of Section 18.92.060.
(3) "Collection facility" means 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 18.92.080. Collection facilities may include:
(A) Reverse vending machines;
(B) Small collection facilities; and
(C) Large collection facilities.
(4) "Large collection facilities" means facilities which may occupy an area of more than five hundred square feet and may include permanent structures.
(5) "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.
(6) "Processing facility" means 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) 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 materials 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.
(B) A heavy processing facility is any processing facility other than a light processing facility.
(7) "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 does not include refuse or hazardous materials. Recyclable material may include used motor oil collected and transported in accordance with Sections 25143.2(b)(4) and 25250.11 of the California Health and Safety Code.
(8) "Recycling facility" 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. Recycling facilities include collection facilities and processing facilities.
(9) "Reverse vending machine" 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 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.
(10) "Small collection facilities" means facilities which occupy an area of not more than five hundred square feet, and may include:
(A) A mobile unit;
(B) Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty square feet;
(C) Kiosk-type units which may include permanent structures;
(D) Unattended containers placed for the donation of recyclable materials. (Ord. 1065 § 2 (part), 1987).
18.92.020 Permits required.
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. Recycling facilities may be permitted as set forth in the following table:
|
Type of Facility
|
Zones Permitted
|
Permit Required
|
|
Reverse vending machine(s) |
All commercial All industrial |
Administrative permit Administrative permit |
|
Small collection |
All commercial All industrial |
Use permit No permit required |
|
Large collection |
All commercial All industrial |
Use permit No permit required |
|
Light processing |
All commercial All industrial |
Use permit No permit required |
|
Heavy processing |
All commercial All industrial |
Use permit No permit required |
(Ord. 1065 § 2 (part), 1987).
18.92.030 Permits for multiple sites.
A single administrative permit may be granted to allow multiple reverse vending machines located on different sites under the following conditions:
(1) The operator of each of the proposed facilities is the same;
(2) The proposed facilities are determined to be similar in nature, size and intensity of activity; and
(3) All of the applicable criteria and standards set forth in Section 18.92.050 are met for each such proposed facility. (Ord. 1065 § 2 (part), 1987).
18.92.040 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 use permit shall meet the applicable criteria and standards; provided, that the planning commission, or city council, as the case may be, 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 chapter. (Ord. 1149 § 105, 1992: Ord. 1112 § 87, 1991; Ord. 1065 § 2 (part), 1987).
18.92.050 Reverse vending machines.
Reverse vending machine(s) located 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 all commercial and industrial zones with an administrative use permit; provided, that they comply with the following standards:
(1) 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.
(2) They shall be located within thirty feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.
(3) They shall not occupy parking spaces required by the primary use.
(4) 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.
(5) They shall be constructed and maintained with durable waterproof and rustproof material.
(6) They 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) They shall have a sign area of a maximum of four square feet per machine, exclusive of operating instructions.
(8) They shall be maintained in a clean, litter-free condition on a daily basis.
(9) Operating hours shall be at least the operating hours of the host use.
(10) They shall be illuminated to ensure comfortable and safe operation if operating hours are between dusk and dawn.
(11) Failure to comply with any standard shall be grounds for the planning director to order removal of the machine(s). (Ord. 1065 § 2 (part), 1987).
18.92.060 Small collection facilities.
Subject to permit requirements set forth in Section 18.92.020, small collection facilities may be sited in commercial and industrial zones provided they comply with the following conditions:
(1) The facility 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.
(2) The facility 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) The facility shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation.
(4) The facility shall accept only glass, metals, plastic containers, papers and reusable items. Used motor oil may be accepted with permission of the local public health official.
(5) The facility shall use no power-driven processing equipment except for reverse vending machines.
(6) The facility 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) The facility 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) The facility 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) The facility shall not exceed noise levels of sixty dBA as measured at the property line of residentially zoned or occupied property, and otherwise shall not exceed seventy dBA.
(10) Attended facilities located within one hundred feet of a property 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 recognized 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 provided as follows:
(A) Recycling facilities may have identification signs with a maximum of twenty percent per side or sixteen square feet, whichever is larger, in addition to informational signs required in subsection (12) of this section; 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 the location;
(C) Directional signs, bearing no advertising message, may be installed with the approval of the planning 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 concurrent use by this title or any permit issued pursuant thereto.
(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 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;
(C) The permit will be reconsidered at the end of eighteen months.
A reduction in available parking spaces in an established parking facility may then be allowed as follows:
For a commercial host use:
|
Number of Available |
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.
(19) The following shall be grounds for the director to order the removal of a small collection facility:
(A) Failure to comply with any standards set forth in this section;
(B) A parking study which shows that existing parking capacity has become fully utilized and the parking occupied by the facility is needed for the customers or clients of the primary use. (Ord. 1065 § 2 (part), 1987).
18.92.070 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. Subject to the permit requirements set forth in Section 18.92.020, a large collection facility is permitted in commercial and industrial zones, provided the facility meets the following standards:
(1) The facility does not abut a property zoned or planned for residential use;
(2) The facility will be screened from the public right-of-way by operating in an enclosed building or:
(A) Within an area enclosed by an opaque fence at least six feet in height with landscaping;
(B) At least one hundred fifty feet from property zoned or planned for residential use; and
(C) Meets all applicable noise standards in this title;
(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 or baled or palletized. 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 vehicles or the anticipated peak customer load, whichever is higher to circulate and to deposit recyclable materials, except where the planning director determines that allowing overflow traffic above six vehicles is compatible with surrounding businesses and public safety;
(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 not exceed sixty dBA as measured at the property line of residentially zoned property, and otherwise shall not exceed seventy dBA;
(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 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 planning director, 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, bailing, plastic shredding, or other light processing activities necessary for efficient temporary storage and shipment of material, may be approved through a use permit process if noise and other conditions are met;
(14) Failure to comply with any standards set forth in this section shall be grounds for the planning director to order the closure/removal of the large collection facility. (Ord. 1065 § 2 (part), 1987).
18.92.080 Processing facilities.
Subject to the permit requirements set forth in Section 18.92.020, a processing facility (light or heavy) is permitted in commercial and industrial zones, provided the facility meets the following conditions:
(1) The facility does not abut a property zoned or planned for residential use;
(2) In a commercial or light industrial zone, processors will operate in a wholly enclosed building except for incidental storage, or:
(A) 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;
(B) Located at least one hundred fifty feet from property zoned or planned for residential use;
(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 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 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 25250.11 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, or baled or palletized. 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 customers or the peak load, whichever is higher, except where the planning director determines that allowing overflow traffic is compatible with surrounding businesses and public safety;
(10) One parking space will be provided for each commercial vehicle operated by the processing center. Parking requirements will otherwise be as mandated by the zone in which the facility is located;
(11) Noise levels shall not exceed sixty dBA as measured at the property line of residentially zoned or occupied property, and otherwise shall not exceed seventy dBA;
(12) If the facility is located within five hundred feet of property zoned or planned for residential use, it shall not be in operation between 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 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;
(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 for the zoning district in which the facility is located. In addition, 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 may be detectable on neighboring properties;
(17) Failure to comply with any standards set forth in this section shall be grounds for the planning director to order the closure/removal of the processing facility. (Ord. 1065 § 2 (part), 1987).
18.92.090 Chapter supersedes other provisions.
With respect to the placement and operation of recycling facilities, the provisions of this chapter shall supersede any other provision in the Marysville Municipal Code including, without limitation, Chapters 18.24 and 18.34. (Ord. 1065 § 2 (part), 1987).
18.92.100 Appeals.
Any person whose application for an administrative permit is denied or who receives an order from the city planner to close or remove a recycling facility shall be entitled to appeal such decision to the planning commission; provided, that such appeal must be filed within ten days after the denial of the administrative permit or the order to close or remove the recycling facility. An appeal from any finding of the planning commission may be made in writing to the city council within ten days from the date of the commission’s action. Any appeal to the planning commission or to the city council hereunder shall be accompanied by a fee in an amount established by resolution, no part of which shall be refundable to the appellant. (Ord. 1149 § 106, 1992: Ord. 1112 § 88, 1991; Ord. 1065 § 2 (part), 1987).