Submitted By: Emily W. Johnson
presenter
Presentation By: Jeff Shrum
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Department: Growth Management
OFFICIAL TITLE (Motion Ready):
title
Ordinance 2026-5 to amend the Code of Ordinances, City of Ocala, Florida, Section 122-1225 to authorize the use of above-ground air curtain burners as an ancillary use to a materials recovery facility as well as establishing conditions and limitations relating to such ancillary use (COD25-0004); Postponed from January 6, 2026 City Council meeting
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OCALA’S RELEVANT STRATEGIC GOALS:
Economic Hub, Quality of Place
PROOF OF PUBLICATION:
N/A
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• Applicant: Friends Recycling, LLC
• Agent: Fred N. Roberts, Jr., Esq., Klein & Klein, PLLC
STAFF UPDATE - FIRST READING:
Since the request for continuance of this agenda item at the January 6, 2026, meeting, staff have worked with the applicant to modify the proposed ordinance to:
• Add minimum acreage requirement (10 acres).
• Require compliance with all applicable state, federal, and local requirements.
• Provide additional controls for use, fire prevention and suppression, emissions controls, odor, and dust through the operations plan.
• Incorporate Industrial Performance Standards into the operations plan.
• Provide for annual review of the operations plan and updated operations plan for periods of inactivity of more than six consecutive months.
• Require an annual burn permit from the City Fire Chief or designee and daily permits prior to ignition of the incinerator.
• Clarify the Building Official's determination of non-compliance and enforcement procedures for the Industrial Performance Standards and appeal through the Board of Adjustment.
The proposed ordinance has been updated with these changes. To assist in understanding the changes since the first reading, a comparison ordinance titled “Comparison - Final Reading and First Reading Ordinance” has been included in the attachments, highlighting the proposed changes.
BACKGROUND:
The applicant owns a materials recovery facility (MRF) located at 2340 NW 27th Avenue. The applicant initiated conversations with staff to inquire about adding an above-ground air curtain incinerator to their operations. A review of the existing land development regulations of the MRF section by staff determined that a code amendment request to define and permit air curtain incinerators as an ancillary use would be necessary. The agent subsequently prepared an amendment to the Code of Ordinances requesting to amend the supplemental regulations for materials recovery facilities (Section 122-1225).
The Ordinance proposes the following changes:
• Defines above-ground air curtain incinerators as a “portable or stationary device that operates by forcefully projecting a curtain of air across an open, integrated combustion chamber in which combustion occurs, and which is designed to contain combustion and limit visible emissions during the combustion of permitted vegetative debris.”
• Establishes limitations on the materials that may be burned in above-ground air curtain incinerators.
• Establishes a minimum setback of 200 feet from the property line of any residential zoning district, dwelling unit, church, daycare, school, hospital, or publicly accessible park, and 100 feet from all other property lines; specifies that the City may require greater setbacks based on site conditions or public health concerns.
• Requires site plan approval to include a defined operations area delineating placement locations for the above-ground air curtain incinerator and materials storage areas.
• Limits the hours of operation for above-ground air curtain incinerators to Monday through Friday, 8 a.m. to one hour before local sunset. Prohibits operations on weekends and City-recognized holidays and specifies that the City Manager may, upon request, authorize extended hours of operation in response to natural disasters, declared emergencies, or other conditions requiring expedited debris management.
• Requires submittal and approval of a written operations plan addressing procedures for use, fire prevention and suppression, emissions control, and odor and dust mitigation.
• Prohibits ground stockpiling of ash and residue.
• Limits storage of unprocessed vegetative debris to 14 days.
• Limits the height of vegetative debris piles to 25 feet in height.
(Language added after Planning and Zoning Commission meeting.)
• Granting the building official, as defined in Sec. 122-2, the ability to immediately revoke any approvals or permits associated with the ancillary use.
• Requires compliance with all other federal, state, and local regulations.
ANALYSIS:
Staff identified potential issues for the applicant to address in the ordinance, including hours of operation; setback requirements from residential properties and from all property lines; byproducts of incinerator use, including smoke and ash; and the height and location of material storage. While one of the main functions of air curtain incinerators is to substantially reduce smoke, the ordinance also imposes additional restrictions on the types of debris that may be processed. Specifically, the debris restrictions allow only the processing of untreated wood and vegetative materials. Standards and regulations for these topics are included in the proposed ordinance governing the permitting and operation of above-ground air curtain incinerators. Additionally, this use must comply with the City’s Industrial Performance Standards, Chapter 122, Article VIII, which regulate noise, vibration, smoke, odor, toxic or noxious matter, radiation, fire and explosive hazards, electromagnetic, humidity, heat, and glare.
An emission evaluation and data report published by the U.S. Department of Agriculture (USDA) Forest Service identifies that above-ground air curtain incinerators offer a valuable alternative to current fuel reduction and disposal methods, citing conclusions that the use of this equipment produces lower smoke emissions compared to pile or broadcast burning, reduces fire risk, and confines a burn area to a specific site.
Current MRF facilities within the City include:
• (Applicant) Friends Recycling MRF located at 2340 NW 27th Avenue (PID 21492-000-00), on approximately 10.75 acres.
• Waste Pro Ocala MRF located at 3621 NW 10th Street (PID 21819-000-00), on approximately 9.09 acres.
• Paglia & Associates MRF located at 3100 SW Third Street (PID 22767-002-00), on approximately 6.97 acres.
Recent changes to state law, including the enactment of F.S. Chapter 2025-190 (formerly SB 180), propose an amendment that is not considered more restrictive or burdensome, as it would allow a previously prohibited use consistent with recent state legislation (F.S. Chapter 2025-190 / SB 180).
PLANNING AND ZONING COMMISSION:
Staff presented the code amendment to the Planning and Zoning Commission at the November 10, 2025, meeting. The Commission questioned whether the code amendment would apply only to materials recovery facilities or would permit air curtain burners as a standalone use. Staff clarified that above-ground air curtain burners would be permitted only as an ancillary use at a materials recovery facility. There were no further questions or discussion among the Commission members. The Commission voted five to zero to recommend approval of the code amendment.
Following the Planning and Zoning Commission meeting, the applicant and staff met to discuss additional language to impose a maximum height restriction on on-site vegetative debris storage. As a result, the applicant has added language to the proposed amendment, as indicated by the underlined text in the section above on the proposed ordinance changes.
Additionally, staff presented the proposed ordinance to Governor’s West at their regularly scheduled meeting on November 18, 2025, at which the applicant was also in attendance. There was discussion about possible impacts on school buses. The applicant clarified that the use creates little to no smoke and showed a video of the proposed operations in another jurisdiction. There was no opposition to the proposed code amendment.
FINDINGS AND CONCLUSIONS:
• The proposed amendment would allow for above-ground air curtain incinerators as an ancillary use to a materials recovery facility, subject to supplemental regulations.
• The restrictions for the operation of an above-ground air curtain incinerator within the proposed text amendment, in addition to current regulations such as Industrial Performance Standards, provide mitigation measures to minimize impact to surrounding properties.
• The proposed amendment does not conflict with F.S. Chapter 2025-190.
• The proposed amendment does not conflict with the Property Rights Element of the Comprehensive Plan.
Staff recommends approval.
FISCAL IMPACT: N/A
PROCUREMENT REVIEW: N/A
LEGAL REVIEW:
The ordinance will be reviewed by the City Attorney, William E. Sexton.
ALTERNATIVE:
• Approve with changes
• Deny
• Table
ORDINANCE 2026-5
AN ORDINANCE OF THE CITY OF OCALA, FLORIDA, CONCERNING ZONING; AMENDING SECTION 122-1225 OF THE CODE OF ORDINANCES TO AUTHORIZE THE USE OF AN ABOVE-GROUND AIR CURTAIN INCINERATOR AS AN ANCILLARY USE TO A MATERIALS RECOVERY FACILITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR THE REPEAL OF CONFLICTING ORDINANCES; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF OCALA, FLORIDA, in regular
session, as follows:
Section 1. Section 122-1225 of the Code of Ordinances, City of Ocala, Florida is hereby amended by adding subsection (19), to read as follows:
Sec. 122-1225. Materials Recovery Facility Criteria.
(19) A materials recovery facility which is situated on a parcel consisting of 10 acres or more may include as an ancillary use the operation of an above-ground air curtain incinerator for the combustion of yard trimmings and vegetative debris delivered from off-site sources, subject to the following conditions. For purposes of this subsection, “above-ground air curtain incinerator” means a portable or stationary device that operates by forcefully projecting a curtain of air across an open, integrated combustion chamber in which combustion occurs and which is designed to contain combustion and limit visible emissions during the combustion of permitted vegetative debris.
a. Permitted material shall be limited to untreated wood and vegetative material including brush, grass clippings, pruned shrub and tree debris, discarded Christmas trees, nursery and greenhouse vegetative residuals, and vegetative matter resulting from landscaping development or land clearing. The above-ground air curtain incinerator shall not be used to burn any biological waste, hazardous waste, asbestos-containing materials, mercury- containing devices, pharmaceuticals, tires, rubber material, residual oil, used oil, asphalt, roofing material, tar, treated wood, plastics, garbage, trash or other material prohibited to be open burned as set forth in Florida Administrative Code. Only kerosene, diesel fuel, drip-torch fuel (as used to ignite prescribed fires), untreated wood, virgin oil, natural gas, or liquefied petroleum gas shall be used to start the fire in the above-ground air curtain incinerator. The use of used oil, chemicals, gasoline, or tires to start the fire is prohibited.
b. The above-ground air curtain incinerator shall be operated in compliance with all applicable federal, state, and local laws, including but not limited to Florida Department of Environmental Protection (FDEP) regulations, the Florida Administrative Code and the Florida Fire Code.
c. The above-ground air curtain incinerator shall only be operated a minimum of 200 feet from the property line of any residential zoning district, dwelling unit, church, daycare, school, hospital, or publicly accessible park and 100 feet from all other property lines. Greater setbacks may be required by the city based on site conditions or public health concerns.
d. A site plan is required for the operation of an above-ground air curtain incinerator. The location and associated vegetative debris storage areas must be clearly identified on the site plan. The site plan may designate an operations area envelope within which the above-ground air curtain incinerator and material storage areas may be relocated from time to time, provided that all applicable setback requirements in subsection (c) are continuously met. All incinerator related activity shall be confined to the approved operations area envelope.
e. Above-ground air curtain incinerator operation shall be limited to Monday through Friday, commencing no earlier than 8:00 a.m. and ceasing no later than one (1) hour before local sunset. Operation is prohibited on weekends and City-recognized holidays, except that upon request the City Manager may authorize extended hours of operation in response to natural disasters, declared emergencies, or other conditions requiring expedited debris management. In all events, operation shall comply with any more restrictive ignition start times or operating-hour limitations imposed by any applicable federal, state, or local authorization, including any Florida Forest Service authorization and any City burn permit conditions.
f. An operations plan shall be submitted for approval along with the required site plan. Once approved, the operator shall maintain ongoing compliance with the operations plan at all times. The operations plan shall, at a minimum, address procedures for use, fire prevention and suppression, emissions control, and odor and dust mitigation. These minimum requirements are in addition to, and do not limit, any other requirements of this subsection and any other applicable provisions of this Code. Once approved by the City, a copy of the approved operations plan shall be maintained on-site at all times, all operations shall be conducted in accordance with the plan and such operations plan shall remain in effect unless and until modified or revoked in accordance with this subsection. The operations plan shall be subject to annual administrative review by the City, which review shall be limited to: (i) verification of continued compliance with the approved site plan and operations plan; and (ii) confirmation that operations remain consistent with applicable provisions of this Code, including but not limited to the industrial performances standards and other Code provisions specifically regulating elements addressed in the operations plan. In connection with any such review, the City may request and operator shall provide all such reporting or other materials required to be provided by it in connection with any other approvals or permits held by it in connection with the operation of the above-ground air curtain incinerator. If, as a result of such review, the City determines that the operator is not in compliance, that material changes to operations have occurred or are proposed, or that revisions are reasonably necessary to maintain compliance with newly adopted or amended applicable Code provisions which relate to elements required to be a part of the operations plan, the City may require submittal of a revised operations plan for approval prior to continued operation or implementation of such changes, as applicable, and shall provide written notice identifying the specific deficiencies or regulatory basis for the requested revisions. Absent written notice from the City identifying noncompliance or material changes, the approved operations plan shall automatically continue in full force and effect. If operation of the above-ground air curtain incinerator has not occurred for a period of more than six (6) consecutive months, the operator shall not resume operation unless and until the operator has (i) submitted to the City either an updated operations plan or a written certification, in a form approved by the City, confirming that no material changes in equipment, layout, permitted materials, or operating procedures have occurred, and (ii) obtained written confirmation from the City that the annual burn authorization remains valid or has been reissued following any required inspection.
g. Residue or ash may remain within the above-ground air curtain incinerator burn chamber between operating periods, including to support hot starts consistent with manufacturer recommendations, and such in-chamber retention is not considered on-site storage. Accumulated ash shall be removed at intervals specified in the approved operations plan or more frequently if necessary to maintain compliance with fire and air quality regulations, and, in any case, sufficient to maintain safe, efficient operation and available capacity and shall be contained in closed containers or fully covered containment until transported to a lawful off-site beneficial-use outlet or permitted disposal facility. Ground stockpiles are prohibited.
h. Unprocessed permitted material may be processed and stored outdoors and shall not remain on-site longer than fourteen (14) days prior to processing or burning, unless otherwise authorized by the City as part of the site plan or by subsequent written approval. In the event of a burn ban, air quality advisory, declared emergency, or other governmental order that temporarily prohibits processing or burning, the operator may maintain debris on-site for the duration of such order, provided the debris is managed to minimize fire risk, stormwater impacts, and nuisance conditions.
i. Unprocessed vegetative debris piles shall not exceed twenty-five (25) feet in height, measured from adjacent finished grade at the perimeter to the highest point of the main body of the pile. Incidental protrusions (e.g., isolated branches) extending above this height do not constitute a violation, provided they do not materially increase the effective pile height or volume. The City may authorize greater heights as part of the approved site plan or by subsequent written authorization.
j. Prior to commencing operation of the above-ground air curtain incinerator in any annual period, the operator shall obtain an annual burn permit issued by the City Fire Chief, or the Fire Chief’s designee. Notwithstanding issuance of an annual burn permit, the operator shall obtain daily authorization from the City Fire Marshal, or designee, prior to ignition on each day the above-ground air curtain incinerator is operated, in the manner and timeframe established by the Fire Chief/Fire Marshal. The operator shall also obtain and comply with any authorizations required by the Florida Forest Service and any other applicable federal, state, or local authority, and shall provide any notifications required thereby. Copies of the annual City burn permit, each day’s authorization, and any required state authorizations/notifications shall be maintained on-site and made available to the City upon request.
k. The city-approved operations plan and the approved site plan shall be adhered to at all times. If the Building Official determines that operations are not in compliance with the approved site plan, approved operations plan, or applicable provisions of this Code, the Building Official shall issue written notice identifying the specific violations and providing a reasonable period to correct, consistent with the enforcement procedures applicable to violations of the City’s industrial performance standards pursuant to section 122-1142, unless an imminent condition exists. If, in the opinion of the Building Official, the noncompliance presents an imminent condition affecting life, property, or public safety, the Building Official may order immediate suspension of operations pending correction and further enforcement action. Suspension or revocation of operations for noncompliance shall otherwise occur only after failure to timely correct violations identified in written notice. Any order of suspension or revocation may be appealed in the same manner as prescribed by section 78-173.
l. Suspension, revocation, or expiration of any required federal, state, or local permit or site plan approval shall result in the immediate cessation of operations unless and until new permits and/or a new or revised site plan has been approved.
Section 2. Severability Clause: Should any provision or section of this ordinance be held by a court of competent jurisdiction to be held unconstitutional or invalid, such decision shall not affect the validity of this ordinance as a whole, or any part thereof, other than the part so declared to be unconstitutional or invalid.
Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 4. This ordinance shall take effect upon approval by the mayor, or upon becoming law without such approval.
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ATTEST: |
CITY OF OCALA |
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_____________________________ Angel B. Jacobs City Clerk |
By: __________________________________ Ire J. Bethea Sr. President, Ocala City Council |
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Approved / Denied by me as Mayor of the City of Ocala, Florida, on ______________, 2025. |
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By: _____________________________ Ben Marciano Mayor |
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Approved as to form and legality: _____________________________ William Sexton City Attorney |
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