Zoneomics Logo
search icon

Florence City Zoning Code

Division 4

Use Regulations

§ 14.02.091 Use Regulations (charts).

(a) 
The use of land or buildings shall be in accordance with those listed in the following Use Charts. No land or building shall hereafter be used, and no building or structure shall be erected, altered, or converted other than for those uses specified in the zoning district in which it is located. The legend for interpreting the permitted uses in the Use Charts is:
A
Designates that the use is allowed in the zoning district indicated.
C
Designates that the use may be allowed in the zoning district subject to such conditions, restriction. Obligations as the City Council may require.
S
Designates that the use may be allowed in the zoning district indicated by Special Use Permit (also see section 14.02.092).
Designates that the proposed use is not allowed
(b) 
Definitions.
See Definitions in section 14.02.128 of this article for further description of uses.
(c) 
Use chart organization.
The following use categories are listed in the Use Charts:
(1) 
Agricultural Uses.
(2) 
Residential Uses.
(3) 
Office Uses.
(4) 
Personal and Business Service Uses.
(5) 
Retail Uses.
(6) 
Transportation and Auto Service Uses.
(7) 
Amusement and Recreational Service Uses.
(8) 
Institutional Governmental Uses.
(9) 
Commercial and Wholesale Trade Uses.
(10) 
Manufacturing, Industrial and Construction Uses.
(d) 
Standards for new and unlisted uses.
Standards for new and unlisted uses may be interpreted by the Mayor City Secretary or his/her designee as those of a similar use. When a determination of the appropriate zoning district cannot be readily ascertained, the same criteria outlined below (in subsection (f)) shall be followed for determination of the appropriate district. The decision of the Mayor/City Secretary or his/her designee may be appealed by the applicant according to the process for appeals for zoning change requests outlined herein.
(e) 
Classification of new and unlisted uses.
It is recognized that new types of land use will develop, and forms of land use not presently anticipated may seek to locate in the City. In order to provide for such changes and contingencies, a determination as to the appropriate classification of any new or unlisted form of land use in the Use Regulation shall be made as follows:
(1) 
Initiation.
(A) 
A person, City department, the Commission, or the City Council may propose zoning amendments to regulate new and previously unlisted uses.
(B) 
A person requesting the addition of a new or unlisted use, in writing, shall submit to the Mayor/City Secretary or his/her designee all information necessary for the classification of the use, including but not limited to the following:
(i) 
The nature of the use and whether the use involves dwelling activity, sales, services, or processing.
(ii) 
The type of product sold or produced under the use.
(iii) 
Whether the use has enclosed or open storage and the amount and nature of the storage.
(iv) 
Anticipated employment typically anticipated with the use.
(v) 
Transportation requirements.
(vi) 
The nature and time of occupancy and operation of the premises.
(vii) 
The off-street parking and loading requirements.
(viii) 
The amount of noise, odor, fumes, dust, toxic materials, and vibration likely to be generated; and
(ix) 
The requirements for public utilities such as sanitary sewer and water and any special public services that may be required.
(2) 
Recommendation of zoning classification.
The Mayor/City Secretary or his/her designee shall refer the question concerning any new or unlisted use to the Commission requesting a recommendation as to the zoning classification into which such use should be placed. The referral of the use interpretation question shall be accompanied by the statement of facts in subsection (a) above. An amendment to this article shall be required as prescribed by section 14.02.034.
(3) 
Consideration by the Planning and Zoning Commission.
The Commission shall consider the nature and described performance of the proposed use and its compatibility with the uses permitted in the various districts and determine the zoning district or districts within which such use is most similar and might be permitted. The Commission shall submit its findings and recommendations to the City Council as to the classification proposed for any new or unlisted use.
(4) 
Consideration by the City Council.
The City Council shall approve or disapprove the recommendation of the Commission or make such determination concerning the classification of such use as is determined appropriate based upon its findings. If approved, the new or unlisted use shall be amended in the Use Regulation of this article according to section 14.02.034.
(f) 
Use charts.
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
AGRICULTURAL
AG
SF-1
SF-MH
SF-TA
PD
MF-1
MF-2
MU
CBD
C-1
C-2
IM
PO
Permitted Uses
Residential Uses
Non-Residential Uses
Bulk grain and/or feed storage
A
A
Farms, general (crops)
A
Farms, general (livestock/ranch)
A
Greenhouse (non-retail/hobby)
A
A
A
A
A
A
A
A
A
Livestock sales
A
Orchard/crop propagation-excluding private garden
A
C
C
C
C
C
C
C
C
C
C
C
C
Plant nursery (grown for commercial purposes)
A
C
C
C
C
C
A
A
A
A
A
Stable, Commercial
A
Stables (Private)
A
C
C
[1]
Editor’s Note: So in original.
[2]
Editor’s Note: So in original.
[3]
Editor’s Note: So in original.
[4]
Editor’s Note: So in original.
[5]
Editor’s Note: So in original.
[6]
Editor’s Note: So in original.
(g) 
Accessory buildings and use regulations.
(1) 
Accessory buildings.
An accessory building shall be required to have a building permit to comply with placement regarding setbacks, adjacent buildings, and zoning.
(A) 
Residential districts.
In a single-family or multiple-family district, an accessory building is a subordinate or incidental building, attached to or detached from the main building, not used for commercial purposes, and not rented. Accessory buildings shall be located toward the rear portion of the property.
(B) 
Non-residential districts.
In non-residential districts, an accessory building is a subordinate building, the use of which is secondary to and supportive of the main building. Accessory buildings shall not be permitted without a main building or primary use being in existence. Accessory buildings should, wherever possible, be located toward the rear portion of the property, and shall be constructed of the same material and architectural design as that of the main building.
(2) 
Area regulations for accessory buildings in residential and multi-family districts.
(A) 
Size of yards.
(i) 
Front yard.
Detached accessory buildings shall be prohibited in front of the main building.
(ii) 
Side yard.
There shall be a side yard not less than five feet (5') from any side lot line or alley line for any accessory building. The same criteria outlined below in subsection (g)(4) applies to an accessory building that is separated from the main building by a minimum distance of ten feet (10'). In the case of an accessory building being closer than ten feet (10') to the main building, the minimum side yard requirements for the main building shall be observed. Accessory buildings adjacent to a side street shall have a side yard not less than fifteen feet (15'). Garages or carports located and arranged to be entered from the side yard shall have a minimum distance of twenty-five feet (25') from the side lot line, alley line, alley easement line or street. Carports or garages arranged to be entered from the side yard, facing a public street, shall have a minimum distance equal to the required yard for the main building or twenty-five feet (25'), whichever is greater.
(iii) 
Rear yard.
There shall be a rear yard not less than five feet (5') from any lot line or alley line, or alley easement line for any accessory building. The same criteria outlined below in subsection (g)(4) applies to an accessory building that, with the following exceptions:
a. 
Carports, garages, or other accessory buildings, located within the rear portion of a lot as heretofore described, constructed closer than ten feet (10') to the main building, shall have a rear yard equivalent to the rear yard requirement for the main building.
b. 
Garages or carports that are arranged so as to be entered by a motor vehicle from an alley or rear alley easement shall be set back from the rear property line or alley easement line a minimum distance of twenty-five feet (25').
c. 
Accessory buildings constructed ten feet (10') or more from the main building shall have a rear yard of five feet (5').
d. 
Carports shall be measured from the posts supporting the roof nearest to the street or alley. Must provide one additional parking space for an Accessory Dwelling.
e. 
Accessory buildings are not permitted without a main structure.
(3) 
Accessory dwellings.
Accessory dwellings, including garage accessory dwellings and detached units, may be permitted in residential zoning districts and shall conform to the height limitations of the main structure. See regulations for the specific district, and the Use Charts, subsection (f). No such accessory dwelling shall be used or occupied as a place of abode or residence by anyone other than household staff actually and regularly employed by the landowner or occupant of the main building or is a guest or family member of the owner/occupant. Only one (1) accessory dwelling unit shall be allowed on any lot within a residential zoning district, and they shall be clearly incidental to the primary use. These accessory living structures shall not, in any case, be leased or sold. In no event shall any accessory dwelling exceed 50% of the square footage of the main building.
(4) 
Specific district standards for accessory dwellings.
Accessory dwelling units in the "AG" or "SF" districts shall be allowed as an incidental residential use of a building on the same lot as the main dwelling unit and shall meet the following standards:
(A) 
The accessory dwelling unit must be constructed to the rear of the main dwelling, separated by a minimum of five feet (5') from the main dwelling.
(B) 
The accessory dwelling unit may be constructed only with the issuance of a Building Permit and shall be constructed out of the same material as the main structure.
(C) 
The accessory dwelling unit may not be sold separately from sale of the entire property, including the main dwelling unit, and shall not be sublet.
(D) 
Setback requirements shall be the same as for the main structure, exception, rear yard may be ten (10) foot.
(E) 
Accessory dwellings are not permitted without the main or primary structure.
(F) 
12,000 square foot minimum lot size requirement.
(G) 
Site built 400 square foot minimum living space required and may not exceed 50% of the square footage of the main dwelling.
(Ordinance 02062024-01 adopted 2/8/2024)

§ 14.02.092 SUP, Special Use Permit.

(a) 
General purpose and description.
A special use is a land use which, because of its unique nature, is compatible with the permitted land uses in each zoning district only under certain conditions. Such conditions include a determination that the external effects of the special use in relation to the existing and planned uses of adjoining property and the neighborhood can be mitigated through imposition of standards and conditions. This section sets forth the standards used to evaluate proposed special uses and the procedures for approving Special Use Permit (SUP) applications.
(b) 
Special Use Permit (SUP) required.
No Special Use shall be established, and no building permit shall be issued for any use designated as a special use within a zoning district until a Special Use Permit is issued in accordance with the provisions of this section. An application for a Special Use Permit shall be accompanied by a site plan prepared in the manner described in section 14.02.036. The site plan shall illustrate the proposed use to be established, its relationship to adjoining properties, and how it meets the approval standards set forth in section 14.02.036.
(c) 
Status of specially permitted uses.
The following general rules apply to all special uses:
(1) 
The designation of a use in a zoning district as a special use does not constitute an authorization or assurance that such use will be approved.
(2) 
Approval of a Special Use Permit shall authorize only the particular use for which the SUP is issued.
(3) 
No use authorized by a Special Use Permit shall be enlarged, extended or relocated, nor may the number of dwelling units be increased, unless an application is made for approval of a new Special Use Permit in accordance with the procedures set forth in this section.
(4) 
Development of the use shall not be carried out until the applicant has secured all the permits and approvals required by these zoning regulations, the City Code of Ordinances, or any permits required by regional, State and Federal agencies.
(d) 
Application for Special Use Permit.
(1) 
Application requirements.
An application for a Special Use Permit may be submitted by the property owner or by the property owner's designated representative to the City. The application shall be accompanied by a site plan prepared in accordance with the requirements of section 14.02.036. If a zoning amendment is required or requested, in writing, such application shall accompany the application for a Special Use Permit.
(2) 
Subdivision approval.
If the proposed use requires a division of land, an application for subdivision approval shall be submitted in conjunction with the application for a Special Use Permit. Approval of the Special Use Permit shall not become effective until final approval of the subdivision application; provided, that if the land is to be divided in phases, the approval of the Special Use Permit shall take effect upon final approval of the phase of the subdivision containing the property on which the special use is to be located.
(e) 
Procedures for Special Use Permits.
See section 14.02.034.
(f) 
Standards.
(1) 
Factors for consideration.
When considering applications for a Special Use Permit, the Commission in making its recommendation and the City Council in rendering its decision on the application shall, on the basis of the site plan and other information submitted, evaluate the impact of the special use on, and the compatibility of the use with, surrounding properties and neighborhoods to ensure the appropriateness of the use at a particular location. The Commission and the City Council shall specifically consider the extent to which:
(A) 
The proposed use at the specified location is consistent with the policies embodied in the adopted Comprehensive Plan.
(B) 
The proposed use is consistent with the general purpose and intent of the applicable zoning district regulations.
(C) 
The proposed use meets all supplemental standards specifically applicable to the use as established in the Development Standards, section 14.02.121 through 14.02.125.
(D) 
The proposed use is compatible with and preserves the character and integrity of adjacent development and neighborhoods and, as required by the particular circumstances, includes improvements or modifications either on-site or within the public rights-of-way to mitigate development-related adverse impacts, including but not limited to the following:
(i) 
Adequate ingress and egress to property and proposed structures thereon with particular reference to vehicular and pedestrian safety and convenience, and access in case of fire.
(ii) 
Off-street parking areas, loading areas, and pavement type.
(iii) 
Refuse and service areas.
(iv) 
Utilities with reference to location, availability, and compatibility.
(v) 
Screening and buffering, features to minimize visual impacts, and/or setbacks from adjacent uses.
(vi) 
Control of signs, if any, and proposed exterior lighting with reference to glare, traffic safety, economic effect, and compatibility and harmony with properties in the district.
(vii) 
Required yards and open space.
(viii) 
Height and bulk of structures.
(ix) 
Hours of operation.
(x) 
Exterior construction material, building design, and building facade treatment.
(xi) 
Roadway adjustments, traffic control devices or mechanisms, and access restrictions to control traffic flow or divert traffic as may be needed to reduce or eliminate development-generated traffic on neighborhood streets.
(xii) 
Provision for pedestrian access/amenities/areas.
(xiii) 
The proposed use is not materially detrimental to the public health, safety, convenience and welfare, or results in material damage or prejudice to other property in the vicinity.
(2) 
Conditions.
In approving the application, the Commission may recommend and the City Council shall impose such conditions as are reasonably necessary to assure compliance with these standards and the purpose and intent of this section, in accordance with the procedures in section 14.02.034. Any conditions imposed shall be set forth in the Special Use Permit approving the Special Use Permit and shall be incorporated into or noted on the site plan for final approval. The Mayor/City Secretary or his/her designee shall verify that the site plan incorporates all conditions set forth in the Special Use Permit authorizing the special use and shall sign the plan to indicate final approval. The City shall maintain a record of such approved special uses and the site plans and conditions attached thereto.
(3) 
Expiration and extension.
Termination of approval of a special use for failure to commence development and extension of the time for performance for a Special Use Permit shall be governed by section 14.02.092.
(4) 
Amendment.
No proposed or existing building, premise or land use authorized as a special use may be established, enlarged, modified, structurally altered, or otherwise changed from that approved in the Special Use Permit, unless such amendment is authorized in accordance with the standards and procedures set forth in this section, and the Special Use Permit and approved site plan are amended accordingly.
(5) 
Use regulations.
Uses that may be allowed by Special Use Permit are specified in section 14.02.091(f) (Use Charts).
(Ordinance 02062024-01 adopted 2/8/2024)