HomeMy WebLinkAboutO-98-07 1
2
3
4
5
6
7
8
9
IO
11
12
13
14
ORDINANCE NO. 0-98-07
AN ORDINANCE OF ~ C1TY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLOR[DA, AMENDING TIlE LAND DEVELOPMENT
CODE TO-ESTABLISH CRITERIA FOR THE REGULATION OF
COMMERCIAL MULCHING MACHINES AS A SPECIAL USE
PERMIT; PROVIDING FOR DEFINITIONS; PROVIDING FOR
CODIFICATION; PROVIDING FOR SEVERABILITY; PROVIDING
FOR RESOLUTION OF CONFLICTS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Sebastian, Florida, desires to amend the
15 Land Development Code to establish criteria for the regulation of commercial mulching
16 machines; and
17 WHEREAS, the City Council of the City of Sebastian, Florida, believes that it is in the
18 best interests of the health, safety, and general welfare of the community to do so,
19 NOW TItEREFORE, BE IT ORDAINED BY ~ CITY COUNCIL OF THE
20 CITY OF SEBASTIAN, FLORIDA, THAT:
21 Section 1. Article V. of the Land Development Code, City of Sebastian, Florida is
22 hereby amended by adding a section, to be numbered 20A-5.47, which section shall read as
23 follows:
24 Section 20A-5.47. Commercial mulching machines. Commercial mulching machines may
25 be operated only as a special use permit by the City Council.
26 A. Conditions. The following conditions shall be satisfied for the issuance of a
27 special use permit for a commercial mulching machine:
10
11
12
13
14
15
1¸6
17
18
19
20
1. The commercial mulching machine shall be located on a site in an
industrial zoning district.
2. The site shall be a minimum often acres in size.
3. The commercial mulching machine shall be in a stationary location.
4. The commercial mulching machine shall be at least 250 feet from all
property lines
5. A protective barrier, designed and sealed by a professional engineer
registered in the State of Florida, shall be constructed to prevent any
materials ejected from the commercial mulching machine fi.om leaving
the site..
6. The site where the commercial mulching machine shall not be accessed
fi-om a residential local street.
Section 2. A new subsection of Section 20A-12.2. of the Land Development
Code, City of Sebastian, Florida is hereby created to read as follows:
Sec. 20A-12.2. Definitions of Terms.
*****
Commercial mulching machine. A machine which can be transported to a site
and erected for the purpose of chopping vegetative material into mulch. Typically, such a
machine is fed vegetation into the chipper via a hopper on the top of the machine by a
front end loader. The vegetation is chopped by disc cutters and the mulch is expelled via a
10
11
12
13
14
15
16
17
18
19
discharge chute. This definition does not include a chipping machine, with drum or disc
cutters, which is typically pulled behind a truck, or moved by hand and the vegetation is
fed by hand.
Section 3. CODIFICATION. It is the intention of the City Council of the City
of Sebastian, Florida, that the provisions of this Ordinance shall become and be made part of
the Land Development Code of the City of Sebastian, Florida, and that the sections of this
Ordinance may be renumbered, relettered, and the word "ordinance" may be changed to
"Section", "Article", or other such word or phrase in order to accomplish such intention.
Section 4. SEVERABILITY. If any section or part of a section of this
Ordinance is declared invalid or unconstitutional, the validity, force and effect of any other
section or part of a section of this Ordinance shall not thereby be affected or impaired unless it
clearly appears that such other section or part of a section of this Ordinance is wholly or
necessarily dependent upon the section or part of a section so held to be invalid or
unconstitutional..
Section 5. CONFLICT. This Ordinance shall prevail over all other Ordinances
which are in conflict with this Ordinance. If any clause, section, or part or other application of
this Ordinance shall be held by any Court of compeXent jurisdiction to be unconstitutional or
invalid, such unconstitutional or invalid part or application shall be considered as eliminated and
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
in no way affecting the validity of the remaining portions or applications remaining in full force
andeffect.
Section 6. EFFECTIVE DATE. This Ordinance shall go into effect
immediately upon its passage and adoption and authentication by the signature of the presiding
officer and Clerk of the City Council.
The foregoing Ordinance was moved for adoption by Councilmember
~~ The motion was seconded by Councilmember
J/~/~,__. and, upon being put to a vote, the vote was as follows:
Mayor Walter W. Barnes
Vice Mayor Richard J. Taracka
Councilmember Louise R. Cartwright
Councilmember Larry Paul
Councilmember Ruth Sullivan
The Mayor thereupon declared this Ordinance duly passed and adopted this f/ff~tay of
CITY OF SEBASTIAN, FLOR[DA
Walter W. Barnes, Mayor
ATTEST:
Kathryn M. 05t_allora~, CMC/AAE
:.
(Seal)
4