Submitted By: Emily W. Johnson
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Presentation By: Emily W. Johnson
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Department: Growth Management
OFFICIAL TITLE (Motion Ready):
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Ordinance to amend the code of ordinances 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).
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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
BACKGROUND:
The applicant owns a Construction & Demolition (C&D) landfill and Materials Recovery Facility (MRF) located at 2340 NW 27th Avenue. The applicant-initiated conversations with staff inquiring about adding an above-ground air curtain incinerator as part of their operations. Review of the existing land development regulations of the Materials Recovery Facility 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 greater setbacks may be required by the city based on site conditions or public health concerns.
• Requires site plan approval to include a defined operations delineating placement locations for the above-ground air curtain incinerator and materials storage areas.
• Limits the hours of operations for above-ground air curtain incinerators to Monday through Friday, 8:00 a.m. to one (1) 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 fourteen (14) days.
• Granting the building official authority 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.
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 useful alternative to current fuel reduction and disposal methods, citing conclusions that the use produces lower smoke emissions compared to pile or broadcast burning, reduces fire risk, and contains a burn area to a specific site.
Recent changes to state law, including the enactment of F.S. Chapter 2025-190 (formerly SB 180), took effect on July 1, 2025. This statute prohibits municipalities from adopting more restrictive or burdensome code amendments within one year following a hurricane’s landfall. Hurricane Milton, the most recent storm to impact the city, made landfall on October 9, 2024. The proposed amendment is not considered more restrictive or burdensome, as it would make allowances for a previously prohibited use.
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 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
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