Imperial County Municipal Code Ch. 8.68 Recycling Facilities

As used in this chapter:

"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.

"Recyclable materials" 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.

"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, (Division 12.11 commencing with Section 14500 of the Public Resource Code). 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 materials generated by that residential property, business or manufacturer. Recycling facilities may include the following:

1. "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 8.68.060. Collection facilities may include the following:

a. Reverse vending machine(s);

b. Small collection facilities which occupy an area of not more than five hundred (500) square feet, and may include:

i. A mobile unit,

ii. Bulk reverse vending machines or a grouping of reverse vending machines occupying more than fifty (50) square feet,

iii. Kiosk type units may include permanent structures,

iv. Unattended containers placed for the donation of recyclable materials;

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

2. "Processing facility" is a building or enclosed space used for the collection and processing of recyclable materials. "Processing" means the preparation of materials 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 (45,000) 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 quality 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.

"Reverse vending machine(s)" is 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.

A bulk reverse vending machine is a reverse vending machine that is larger than fifty (50) square feet; is designed to accept more than one container at a time; and will pay by weight instead of by container.

(Prior code § 57500)

No person shall permit the placement, construction, or operation or any recyclable facility without first obtaining a permit pursuant to the provisions set forth in this chapter. Recycling facilities may be permitted as set forth in the table set out in Section 5.68.040.

In addition to the permits described in the table set out in Section 5.68.040, a reverse vending machine(s) or a small collection facility may also be allowed in special zones which allow uses permitted in commercial or industrial zones with an administrative permit; and a large collection facility or processing facility may be allowed in agricultural zones with a conditional use permit.

(Prior code § 57501)

A. It is unlawful for any person to use any weighing or measuring instrument not specifically excluded by Section 12240 of the Business and Professions Code for commercial purposes, as such section now exists or may hereafter be amended, unless such device has been inspected, tried or tested pursuant to Section 5.68.010 and, in addition, such device is registered with the sealer of weights and measures.

B. Registration shall be effective for one year or portion thereof and shall expire on December 31st of each year. Registrations may be renewed annually.

(Prior code § 57502)

(Prior code § 57503)

A single administrative permit may be granted to al1ow more than one reverse vending machine(s) for small collection facility located on different sites under the following conditions:

A. The operator of each of the proposed facilities is the same;

B. The proposed facilities are determined by the planning director to be similar in nature, size and intensity of activity; and,

C. All of the applicable criteria and standards set forth in Section 8.68.060, are met for each such proposed facility.

(Prior code § 57504)

Those recycling facilities permitted with a land use review shall meet all of the applicable criteria and standards hereafter permitted. Those recycling facilities permitted with a minor use permit, conditional use permit, or site development permit shall meet the applicable criteria and standards; provided, that the director of planning, planning commission, and/or board of supervisors, may modify 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.

The criteria and standards for recycling facilities are as follows:

A. Reverse vending machine(s) located within a commercial structure do not require conditional use 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. 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 county of Imperial;

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

3. Shall not occupy parking spaces required by the primary use;

4. 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 feet in height;

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

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

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

B. Small collections facilities may be sited in commercial and industrial zones with an administrative permit provided they comply with the following conditions:

1. 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 county of Imperial;

2. Shall be no longer than five hundred (500) 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. Shall be set back at least ten (10) 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;

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 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. Shall store all recyclable materials in containers or in the mobile unit vehicle, and shall not leave materials outside of containers when 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;

10. Attended facilities located within one hundred (100) 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 (24) hour donation of materials shall be at least thirty (30) 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. Signs must be consistent with the character of the location.

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

c. The planning director may authorize increases in the number of and size of signs upon finding that it is compatible with adjacent businesses;

14. The facility shall not impair the landscaping required by local ordinances for any concurrent use by this chapter 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 potential convenience zone as designed 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 identified time span.

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

For a commercial host use:

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.

C. Large collection facility is one that is larger than five hundred (500) square feet, or is on a separate parcel not appurtenant to a host use, and which may have a permanent building. A large collection facility is permitted in commercial zones with a conditional use permit, provided the facility meets the following standards:

1. Facility does not abut a parcel zoned or planned for residential use;

2. 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 (150) feet from property zoned or planned for residential use, and

c. Meets all applicable noise standards in this chapter;

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 materials. No storage, excluding truck trailers and overseas containers, shall be visible above the height of the fencing;

5. Site shall be maintained free of litter and any other undesirable materials, and shall be cleaned of loose debris on a daily basis;

6. Space will be provided on site for four 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 four 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;

8. Noise levels shall not exceed sixty (60) 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 seven p .m. and seven 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;

11. Donation areas will be kept free of litter and any other undesirable materials, and the containers will be clearly marked to identify the type of material that may be deposited; facility shall display a notice stating that no material shall be left outside the recycling containers;

12. 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, 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.

D. Processing Facilities. A light processing facility is permitted in heavy commercial zones and light industrial zones with a conditional use permit. A large processor is permitted in light industrial zones with a conditional use permit. All processors are permitted in heavy industrial or manufacturing zones with conditional use permit or according to the practice of the county of Imperial for similar uses.

A processor will meet the following conditions:

1. Facility does not abut a property zoned or planned for residential uses;

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 (150) 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 (45,000) square feet and shall have no more than an average of two outbound truck shipments of materials 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. Storage containers for flammable materials shall be constructed of nonflammable materials. No storage, excluding truck trailers and overseas containers, will be visible above the height of the fencing;

8. 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 eight 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 (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 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-hour 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 materials. The containers shall be clearly marked to identify the type of material that may be deposited. 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 telephone 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.

(Prior code § 57505)