§ 62-90. L-1 zoning district.

(a)

Uses permitted. The following uses shall be permitted:

(1)

Materials Recovery Facilities, provided that all such facilities shall be approved at public hearing, and, shall comply with the following criteria:

a.

Within 36 months following the effective date of this section, or, within 36 months of the issuance of the applicable occupational license, Materials Recovery Facilities shall only operate within the enclosing walls and under the roof of a building.

b.

The transportation of Class III Waste into the facility as well as the distribution of recycled materials to new users shall only occur through use of Town designated roadway routes.

c.

All such facilities shall conform to all federal, state, county and Town legal requirements regulating Materials Recovery Facilities.

d.

All such facilities shall conform to any and all reasonable rules and regulations, now or hereafter enacted, to control noxious odors, odors that affect the health and comfort of the Town's inhabitants or persons employed within the municipal boundaries of the Town, and the emission or creation of smoke, dirt, gasses or dust.

(2)

Lined Class III Landfills, provided that all such facilities shall be approved at public hearing, and, shall comply with the following criteria:

a.

The transportation of Class III Waste into the facility shall only occur through use of Town designated roadway routes.

b.

All such facilities shall conform to all federal, state, county and Town legal requirements regulating Lined Class III Landfills.

c.

All such facilities shall be limited to a maximum height of 250 feet above the Miami-Dade County approved minimum flood elevation.

(3)

Shipping container facility, subject to the standards under section 62-88(b)(5).

(b)

Limitations and restrictions on uses.

(1)

It shall be unlawful to use or occupy any building structure or premises in the L-1 Zoning District for any purpose other than those specifically allowed herein.

(2)

The following activities are prohibited:

a.

Manufacturing or remanufacturing of Materials;

b.

Reprocessing or shredding of Materials;

c.

Burning or incineration of Materials;

d.

Storage of recovered Materials in excess of the time allowed by the Miami-Dade County Department of Environmental Resource Management for such storage in like facilities;

e.

Operation of a Volume Reduction Plant;

f.

Operation of a Lined Class I Landfill;

g.

Disposal of Putrescible Waste; and

h.

Operation of any other type or nature of landfill, dump, junkyard, automobile or equipment storage, reclamation, recycling, parts recovery or rehabilitation facility.

(3)

The ownership and operation of electric fences shall be permitted subject to approval as a special exception use, in accordance with section 62-105, et seq., and the criteria listed in section 62-44(f).

(c)

Site coverage.

(1)

The total site coverage permitted for all buildings on the site shall not exceed 60 percent of the total site area;

(2)

There shall be front, side and rear setback requirements on which no business activity, storage of materials or parking may occur. The front, side and rear setbacks shall be the greater of 50 feet or the setback distance required by the DEP, but not including zoned or dedicated rights-of-way;

(3)

Ample and adequate space and highway facilities shall be left adjacent to each Materials Recovery Facility and Lined Class III Landfill to permit ready and easy access of firefighting apparatus in case of fire or other emergency, which shall not be within any setback or within any zoned or dedicated right-of-way;

(4)

Separate adequate space shall be provided for necessary parking facilities, which shall not be within any setback, or within any zoned or dedicated right-of-way; and

(5)

All truck stacking, queuing and/or waiting to enter, exit or utilize the facilities provided for herein shall occur on site. Such activity shall not occur within any setback, landscape buffer or any zoned or dedicated right-of-way.

(d)

Landscaping. All facilities in the L-1 Zoning District shall include a 15-foot buffer which shall not be within any required setback, and no building or structure of any type or nature, either temporary or permanent, shall be permitted within any zoned or dedicated right-of-way or the buffer. The buffer shall be landscaped with appropriate plants, trees, grass and other shrubbery and earth berms so as to give it an aesthetically pleasing appearance and prevent it from being an eyesore to abutting property owners, as shall be approved by the Town Council of the Town of Medley.

Operators of Lined Class III Landfills shall provide landscaping as shall be approved by the Town Council of the Town of Medley at each cell level prior to proceeding with the next cell level.

(e)

The following described real property located within the municipal boundaries of the Town is hereby rezoned to L-1;

Southeast quarter of Section 5, Township 53 South, Range 40 East, Miami-Dade County, Florida.

(f)

Penalties. Any person who violates the provisions of this section shall be subject to fines of not more than $250.00 for each day a first violation is permitted to exist after receipt of a notice of violation establishing a deadline to cure such violation, and $500.00 for each day a repeat violation is permitted to exist beginning with the date the repeat violation is found to have occurred by the Town Code Inspector. If the Town Code Enforcement Board determines the violation to be irreparable or irreversible in nature, it may impose a fine not to exceed $5,000.00 per violation.

(Ord. No. C-304, §§ 4—8, 11, 4-11-2005; Ord. No. C-391, § 2, 5-4-2015; Ord. No. C-417 , § 3, 4-3-2017)