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33O <br /> <br />ORDINANCE NO. NS-1946 <br />PAGE FOUR <br /> <br />Sec. 41-1251. Permits Required. <br /> <br /> (a) No person shall cause or permit the placement, <br />construction, or operation of any Recycling Facility <br />which is not located on property where such uses are <br />permitted by this section and which has not been issued <br />either a land use certificate or a conditional use permit <br />as required by this section and has produced documentation <br />verifying certification by the State of California Depart- <br />ment of Conservation. <br /> <br /> (b) Recycling Facilities other than Heavy Processing <br />Facilities may be permitted on any property which is zoned <br />and used for commercial or industrial purposes. Heavy <br />Processing Facilities are permitted only in the M1 and M2 <br />use districts. <br /> <br /> (c) A land use certificate shall be issued for any <br />Recycling Facility which complies with the applicable <br />standards set forth in this Article. <br /> <br /> (d) A Recycling Facility which does not comply with <br />the applicable standards set forth in this Article may be <br />placed, constructed or operated only if a conditional use <br />permit is granted for such Recycling Facility. In granting <br />any conditional use permit for a Recycling Facility the <br />planning commission or city council may delete or modify <br />any applicable standards set forth in this Article and may <br />add such additional conditions as the planning commission <br />or city council deems appropriate. <br /> <br /> (e) The standards set forth in section 41-638 of this <br />chapter shall not apply to any conditional use permit <br />application for a Mobile Recycling Unit or a Reverse Vending <br />Machine, if the applicant demonstrates that the Mobile <br />Recycling Unit or Reverse Vending Machine is certified, or <br />has applied to be certified, as a recycling location under <br />the "California Beverage Container Recycling and Litter <br />Reduction Act of 1986" and provides certification from the <br />owner of the subject property granting permission to operate <br />on that property. In such case, the planning commission or <br />city council may deny the application only if it specifi- <br />cally finds, and states its reasons for finding, that the <br />proposed operation will have a detrimental effect on the <br />public health, safety, or general welfare. <br /> <br /> (f) A land use certificate or conditional use permit <br />may extend to more than one Recycling Facility if all the <br />Recycling Facilities to which it extends are located on the <br />same site and operated by the same operator. <br /> <br /> <br />