Lincoln Municipal Code Ch. 18.35 Redemption and Recycling Facilities

The purpose and intent of this chapter is to make the redemption and recycling of reusable materials convenient to the consumer in order to reduce litter and increase the recycling of reusable materials by providing for the permitting and regulating of recycling activities within the city.

(Ord. 500B §1(part), 1987)

As used in this chapter:

(1) "Administrative permit" means a permit issued by the director of community development pursuant to the requirements of Section 18.35.020 of this chapter.

(2) "Collection facility" means a center for the acceptance by donation, redemption, or purpose of recyclable materials from the public. Such facility does not use power-driven processing equipment except as indicated in Section 18.35.040. Collection facilities may include the following:

a. Reverse vending machine(s);

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

1. A mobile unit;

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

3. Kiosk-type units which may include permanent structures; and

4. Unattended containers placed for the donation of recyclable materials.

(3) "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.

(4) "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 those facilities as set forth in the definition of "collection facilities" above.

(5) "Recyclable material" means reusable material including but not limited to metals, glass, plastic, and paper which are intended for the reuse, remanufacture, or reconstitution for the purpose of using the altered form. Recyclable material does not include refuse or hazardous materials.

(6) "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 of 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 rate 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. 500B §1(part), 1987)

No person shall permit the placement, construction, or operation of any recycling facility without first obtaining a conditional use permit pursuant to the provisions set forth in this section and Chapter 18.56. The operation of a reverse vending machine and small collection facility as defined by this chapter shall require the issuance of a conditional use permit in accordance with the standards and criteria set forth in Section 18.35.040.

(Ord. 500B §1(part), 1987; Ord. No. 964B, § 13, 5-8-2018)

Editor's note— Ord. No. 964B, § 14, adopted May 8, 2018, repealed § 18.35.030, which pertained to permits for multiple sites and derived from Ord. 500B §1(part), 1987.

Those recycling facilities permitted with an administrative permit shall meet all of the applicable criteria and standards listed. The criteria and standards for recycling facilities are as follows:

(1) Reverse Vending Machine(s). Reverse vending machines within a commercial structure may be permitted in all commercial and industrial districts with an administrative permit provided that they comply with the following standards:

a. The facility 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.

b. The facility 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 per 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 sign area of a maximum of four square feet per machine exclusive of operating instructions.

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

(2) Small Collection Facilities. Small collection facilities may be sited in commercial and industrial districts with an administrative permit provided they comply with the following conditions:

a. 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.

b. Shall be no larger than 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.

c. Shall be set back at least ten feet from any street line and shall not obstruct pedestrian or vehicular circulation. Specific locations for a facility shall be approved by the director of community development during the review of a permit.

d. Shall accept only glass, metals, plastic containers, papers, and reusable items. Recyclable material does not include refuse or hazardous materials.

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

f. 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.

g. 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.

h. 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.

i. Shall not exceed noise levels of 60 dBA as measured at the property line of residentially zoned or occupied property, otherwise shall not exceed 70 dBA.

j. Attended facilities located within 100 feet of a property zoned or occupied for residential use shall operate only during the hours of 9:00 a.m. and 7:00 p.m.

k. Containers for the 24-hour donation of materials shall be at least 30 feet from any property zoned or occupied for residential use.

l. 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.

m. Signs may be provided as follows:

1. Recycling facilities may have identification signs with a maximum of 20 percent per side or 16 square feet, whichever is larger;

2. Signs must be consistent with the character of the location;

3. Directional signs bearing no advertising message may be installed with the approval of the director of community development if the facility is not visible from the public right-of-way.

n. The facility shall not impair the landscaping required by the city.

o. No additional parking spaces will be required for customers of small collection facilities located at the established parking lot of a host use. One space will be provided for the attendant, if needed.

p. Mobile recycling units shall have an area clearly marked to prohibit other vehicular parking during hours when the unit is scheduled to be present.

q. 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 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 12 months. A reduction in available parking spaces in an established parking facility may then be allowed up to a maximum of five spaces.

r. If the permit expires without renewal, the collection facility shall be removed from the site on the day following permit expiration.

(Ord. 500B §1(part), 1987; Ord. No. 964B, § 15, 5-8-2018)

Editor's note— Ord. No. 964B, § 16, adopted May 8, 2018, repealed § 18.35.050, which pertained to permit renewal and derived from Ord. 500B §1 (part), 1987.