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HomeMy WebLinkAboutO-19-07 Recyclable MaterialsORDINANCE NO.0-19-07 AN ORDINANCE OF THE CITY OF SEBASTIAN, FLORIDA, AMENDING THE CODE OF ORDINANCES, CHAPTER 86, ARTICLE 111, BY ESTABLISHING A DEFINITION FOR "RECYCLABLE MATERIALS'; AND AMENDING THE LAND DEVELOPMENT CODE, ARTICLE XXII — LANGUAGE AND DEFINITIONS, BY ESTABLISHING DEFINITIONS AND LAND USE CLASSIFICATIONS FOR "RECYCLING OR MATERIALS RECOVERY FACILITIES"; AND AMENDING ARTICLE V - ZONING DISTRICT REGULATIONS, BY ESTABLISHING RECYCLING OR MATERIALS RECOVERY FACILITIES AS CONDITIONAL USES IN THE INDUSTRIAL ZONING DISTRICT; AND AMENDING ARTICLE VI — CONDITIONAL USE CRITERIA, BY ESTABLISHING SPECIFIC CONDITIONS FOR RECYCLING OR MATERIALS RECOVERY FACILITIES; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR CODIFICATION; PROVIDING FOR SCRIVENERS ERRORS, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council finds it is in the public interest to modify and update certain definitions of the code; and WHEREAS, Objective 1-1.5: INDUSTRIAL LAND USE (IND) of the Comprehensive Plan states that "salvage yards,... shall be prohibited", and WHEREAS, Section 54-2-5.6 Industrial District (IN) provides that "salvage yards and junkyards are deemed to generate highly extensive adverse impacts for the urban area and shall not be permitted uses in the city limits of Sebastian"; and WHEREAS, the proper management of solid waste is a critical component of a community's infrastructure and contributes to the overall quality of life. Section 403.7032, FS established a statewide recycling goal for the state of Florida. Based on these requirements, local governments should have the goal of reducing the amount of trash that enters the waste stream; and WHEREAS, a waste management sustainability plan should address a variety of methods to reduce the amount of waste going into the waste stream and reducing the cost of waste removal through participating in the three R's of the waste stream, reduce — reuse — recycle; and WHEREAS, a land development code amendment application has been filed with the City requesting a new zoning classification and definition for the recycling industry (a green industry), recognizing recycling as a separate district use from scrap orjunk yards, and allowing for recycling as a conditional use under the industrial zoning district; and WHEREAS, the Local Planning Agency held a public hearing on October 3, 2019, and made a recommendation to City Council to approve Ordinance 0-19-07. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, as follows: Section I. That the Code of Ordinances, City of Sebastian, Florida, is hereby amended as follows: Chapter 86, Solid Waste. ARTICLEIIL Junk. See. 86-46.-Definitions The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates different meaning: (a) Junk" shall include, without limitation: Old and dilapidated motor vehicles, trailers, boats or other vessels and parts thereof, household appliances, scrap, building material, scrap contractor's equipment, tanks, casks, cans barrels, boxes, drums, piping, bottles, glass, old iron, machinery, rags, paper, excelsior, mattresses, beds, bedding, or any other kind of waste material. A motor vehicle shall be deemed to be a motor vehicle which is incapable of locomotion under its own power, or which can no longer be used for the purpose for which it was originally manufactured or shall have only salvage value whereby parts thereof are kept and used for the replacement and repair of other motor vehicles. A motor vehicle which has been substantially wrecked or demolished as a result of a collision or upset shall be deemed to become a junk if it becomes impracticable to repair because of financial reasons or otherwise and if it shall remain without repair for a period of 30 days after the collision or upset which substantially wrecked or demolished the motor vehicle. (b)"Open-air storage" shall mean an area other than in a structure enclosed by four walls and a roof, such as a garage or utility shed, that conceals it from public view shall be deemed to be open-air storage. Placement of an article under a carport or on a porch that is not so enclosed shall be considered open-air storage. (c) "Recyclable materials" shall include waste materials that can be used to manufacture a new product or reuse of the material for a similar or original purpose or waste that can be converted into reusable material. Specifically prohibits `Junk" as defined in (a) except for the following: household appliances, scrap metals, tanks, casks, cans, barrels, boxes, drums, piping, bottles, glass, old iron, paper, or any other kind of common household items. Section 2. That the Land Development Code, City of Sebastian, Florida, is hereby amended as follows: Article XXII, Language and Definitions, Sec. 54-5-22.2 Definitions Recycling or Materials Recovery Facilities. Operating facilities for separating and sorting recyclable materials from nonhazardous waste streams. Operations shall be conducted inside a building and temporarily (not greater than 48 hours) stored outside prior to delivery to a permanent site for reuse and or processing into new products. Article V, Zoning District, Sec. 54-2-5.6 Industrial District (IN) Conditional toes: Commercial retail with> 5,000 sq. ft. Hotels and motels Mini -storage Protective and emergency services, public Parks and recreation, public Commercial amusements, unenclosed Adult entertainment establishment Flea markets Recycling or Materials Recovery Facilities Accessory uses to conditional uses Article VI, Conditional Use Criteria, Sec. 54-2-5.6 Industrial District (IN) (36B) Recycling or Afaterialc Recovery Facilities a. Applicable zoning districts. Recycling or Materials Recovery Facilities shall be permitted as a conditional use within the following zoning districts: IN. b. Conditional use criteria. Recycling or Materials Recovery Facilities wilt be allowed provided the following conditions are met: 1. A site plan meeting all die requirements of Article X and Article XVIII, including an operational plan describing the type of materials accepted, the method of screening, handling, storing, disposing. marketing, and turnover of stored/stockpiled material, and means of complying with applicable environmental regulations. 2. No materials shall be buried or burned on site, and no tires or hazardous materials shall be stockpiled on site. 3. All operations shall be conducted entirely within an enclosed building and no portion of the site may be used for outside storage greater than a 48 hour period. 4. Outside storage (no greater than a 48 hour period) may he approved by the planning and zoning commission if sufficient land area and secondary containment is provided together with screening and buffering to prevent any adverse impacts on adjacent lands and residential areas as noted in conditions 5, 6, and 7 below. Secondary containment must meet minimum standards for open-air storage facilities. 5. No building shall be located closer than 50 feet to any properly line abutting a residential district. 6. There shall be a minimum lot size of two (2) acres. 7. Screening: All side and rear yards between the recycling facility and adjacent properties having a non-commercial use or nun -commercial land use designation shall be screened in accordance with the standards established in section 54-3-14.16(c)(1)_ Section 2. Severability. In the event a court of competent jurisdiction shall determine that any part of this Ordinance is invalid, the remainder of the Ordinance shall not be affected and it shall be presumed that the City Council of the City of Sebastian did not intend to enact such invalid provision. It shall further be assumed that the City Council would have enacted the remainder of this Ordinance without said invalid provision, thereby causing said remainder to remain in full force and effect. Section 3. Repeal of Laws in Conflict. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 4. Codification. The sections of the ordinance shall be codified within part of the City Land Development Code and may be renumbered or re -lettered to accomplish such, and the word "ordinance" may be changed to "section," "division," or any other appropriate word. Section 5. Scrivener's Errors. Sections of this ordinance may be renumbered or re - lettered and corrections of typographical errors which do not affect the intent may be authorized by the City Manager, or the City Manager's designee, without need of public hearing, by filing a corrected or re -codified copy of same with the City Clerk. Section 6. Effective Date. This Ordinance shall become effective immediately upon its adoption by the City Council. The foregoing Ordinance was moved for adoption by Council Member Gilliam . The motion was seconded by Council Member Parris and, upon being put to a vote, the vote was as follows: Mayor Ed Dodd aye Vice Mayor Charles Mauti aye Council Member Damien Gilliams aye Council Member Jim Hill absent Council Member Pamela Parris aye The Mayor thereupon declared this Ordinance duly passed and adopted this 8th day of January ,2020. ATTEST: 4n&ett,nWilhums,MC City Clerk 5 CITY OF SEBASTIAN, FLORIDA By: Mayor Ed Dodd Approved as to form and legality for reliance by the City of Sebastian only: Jam Stoke City Attorney