Florence Township City Zoning Code
ARTICLE XXII
General Provisions
§ 91-158 Construal of provisions; greater restrictions to prevail.
The provisions of this Part 3 shall be held to be minimum requirements. When this chapter imposes a greater restriction than other provisions of law, the provisions of this chapter shall control.
§ 91-159 Prohibited uses.
[Amended 1-19-2005 by Ord. No. 2004-17; 5-18-2005 by Ord. No. 2005-11]
A.
All uses not expressly permitted in this chapter shall be prohibited.
B.
Truck stops, parking lots and trailer lots prohibited. The Township Council finds that truck stops, parking lots and trailer lots are not compatible with the permitted land uses in the Township of Florence; these uses present unique and difficult safety issues relating to ingress to sites and egress from sites onto highways; issues related to traffic circulation on developed sites; interaction between trucks or oversized vehicles and automobiles, both on the site and at nearby intersections; and that truck stops, parking lots, and trailer lots are, therefore, prohibited primary uses in all zoning districts of the Township of Florence.
[Amended 10-5-2022 by Ord. No. 2022-13]
§ 91-159.1 Businesses licensed to sell alcoholic beverages.
[Added 11-28-2001 by Ord. No. 2001-28]
Any business which is licensed to sell alcoholic beverages and which is located in a residential zoning district, either as a preexisting, nonconforming use or by any valid use variance, shall provide full menu service at restaurant table seating in not less than 70% of the public usable floor space, and that no more than the remaining 30% shall be used for the bar area. The public usable floor space shall not include areas set aside for kitchen or restroom facilities.
§ 91-159.2 Class 6 cannabis delivery services.
[Added 8-7-2024 by Ord. No. 2024-10]
A.
State regulations do not allow municipalities to prohibit the delivery of cannabis items and related supplies by a licensed Class 6 cannabis delivery service. Licensed Class 6 cannabis delivery services shall be a conditional principal use in all Florence Township zoning districts, per § 91-293.2.
B.
Licensed Class 6 cannabis delivery services shall be a conditional accessory use to a licensed Class 5 Retailer cannabis establishment, per § 91-293.2.
§ 91-159.3 Short-term rentals and commercial amenity rentals in residential zones.
[Added 12-3-2025 by Ord. No. 2025-26]
A.
Purpose. The purpose of this section is to provide regulation to the short-term (less than 28 days) rental of homes in the residential zones of the Township of Florence, and to prohibit the commercialization and renting of private residential amenities.
B.
Definitions. As used in this section, the following terms shall have the meanings indicated:
AMENITIES
Means private outdoor or indoor facilities or features located on Residential Property, including but not limited to swimming pools, hot tubs, gazebos, tennis courts, basketball courts, lawn or garden areas, patios, deck areas, balconies, playground equipment, fitness rooms, and similar appurtenances.
AMENITY RENTAL PLATFORM
Means any digital, online, internet-based or mobile application, service, website or intermediary that advertises, lists, brokers, facilitates or processes rentals of Amenities for monetary or other consideration.
COMMERCIAL AMENITY RENTAL
Means the transaction or arrangement whereby Amenities on Residential Property are made available to individuals or the general public on a short-term basis (fewer than 28 consecutive days) in exchange for payment, fee, membership, subscription, credit, or other compensation.
DWELLING UNIT
Means any building or portion thereof, designed or used for human habitation, including a single-family detached dwelling, two-family dwelling, townhouse, condominium unit, multifamily apartment or similar residence.
HOME-SHARING PLATFORM
Means any digital, online, internet-based or mobile application, service, website or intermediary that advertises, lists, brokers, facilitates or processes Short-Term Rentals of Dwelling Units for compensation.
PLATFORM-BASED TRANSACTION
Means any payment, booking, scheduling or contractual arrangement for Commercial Amenity Rental or Short-Term Rental conducted, facilitated or processed through an Amenity Rental Platform or Home-Sharing Platform.
RESIDENTIAL PROPERTY
Means any lot or parcel of land within a zoning district where Dwelling Units are permitted as a principal use.
SHORT-TERM RENTAL
Means any rental, lease, or license of a Dwelling Unit for Transient Occupancy, for a period of less than 28 days, in exchange for compensation.
TRANSIENT OCCUPANCY
Means occupancy of a Dwelling Unit for fewer than 28 consecutive days, whether or not for compensation.
C.
Prohibition.
(1)
Short-Term Rentals of Dwelling Units.
(a)
It shall be unlawful for any owner, occupant or other person to offer, advertise, broker or facilitate a Short-Term Rental of any Dwelling Unit in a Residential Property.
(b)
It shall be unlawful to post, list, display or distribute any advertisement for Short-Term Rentals of Dwelling Units via digital, internet, social media, print or other channels.
(2)
Commercial Amenity Rentals.
(a)
It shall be unlawful for any owner, occupant or other person to offer, advertise, broker or facilitate a Commercial Amenity Rental of any Amenities on a Residential Property via an Amenity Rental Platform or Home-Sharing Platform.
(b)
It shall be unlawful to post, list, display or distribute any advertisement for Commercial Amenity Rentals of Amenities on Residential Property, regardless of transaction volume or duration.
(c)
Specific examples of prohibited activities include, but are not limited to:
[1]
Listing or renting a private swimming pool, hot tub or spa;
[2]
Listing or renting a gazebo, pergola or similar structure;
[3]
Listing or renting a tennis court, basketball court or other sports facility;
[4]
Listing or renting a lawn, garden, yard or landscaped area for gatherings or events;
[5]
Listing or renting a patio, deck, balcony or rooftop terrace;
[6]
Listing or renting any detached or attached Dwelling Unit, apartment, room or portion thereof, for fewer than 30 consecutive days.
D.
Exemptions. The prohibitions of Subsection C shall not apply to:
(1)
Traditional long-term leases or rentals of Dwelling Units for periods of 28 days or more, in compliance with all applicable Township ordinances and State law.
(2)
Non-commercial arrangements among family members, personal acquaintances or informal social groups where no payment, fee or compensation of any kind is exchanged.
(3)
Permitted commercial uses and accessory uses in non-residential zoning districts, including community or recreation centers, hotels, motels, inns, bed-and-breakfast establishments, clubs, and similar uses authorized under the Township's zoning ordinance.
(4)
Uses lawfully licensed and regulated under any other Township ordinance or State statute, provided such use is located in a district where it is expressly permitted.
E.
Enforcement. The Florence Township Code Enforcement Officer, Zoning Officer, and Construction Code Official shall enforce this section.
F.
Separate violations. Each violation of this section shall constitute a separate offense. Each day a violation continues shall constitute an additional and distinct violation.
G.
Civil penalties. A violator shall be subject to a civil penalty for each violation in an amount not less than $500 nor more than $2,000, or imprisonment in the county jail for a period not to exceed 90 days or by a period of community service not exceeding 90 days, or any combination thereof as determined by the Court.
H.
Cease and desist orders. The Township may issue a written Cease and Desist Order requiring immediate cessation of any prohibited activity. Failure to comply within 10 days shall subject the violator to additional penalties and injunctive relief.
I.
Platform notification. Upon issuance of a final civil penalty or Cease and Desist Order, the Township may notify the relevant Amenity Rental Platform or Home-Sharing Platform of the violation, and demand removal of the listing or advertisement.
J.
Cumulative remedies. The remedies provided herein are cumulative and in addition to any other remedies at law or in equity, including injunctive relief.
§ 91-160 Multiple uses of commercial and industrial sites.
[Amended 2-5-1997 by Ord. No. 1997-1]
Multiple uses of commercial and industrial sites, shopping centers and industrial complexes receiving site plan approval may have more than one building on a lot and more than one use within a building.
§ 91-161 Principal uses.
[Amended 2-5-1997 by Ord. No. 1997-1]
No lot shall have situated upon it more than one principal permitted use. No more than one principal building shall be permitted on one lot, except that shopping centers, industrial complexes, apartment complexes and townhouse developments receiving site plan approval may be permitted to have more than one building on a lot in accordance with the zoning district in which it is located. The provisions of this section shall not apply to the HC Highway Commercial and the SMO Special Manufacturing Overlay Districts.
§ 91-162 Accessory buildings.
[Added 12-1-1993 by Ord. No. 1993-2]
An accessory building attached to a principal building is part of the principal building and shall adhere to the yard requirements for the principal building. No building permits shall be issued for an accessory building prior to the issuance of a building permit for the principal building. Construction of the principal building shall precede or coincide with the construction of the accessory building, otherwise the building permit for the accessory building may be revoked. The accessory building shall be compatible in appearance with the area in which it is located. No accessory building in any zone or district shall exceed 600 square feet unless the lot exceeds three acres in size. No accessory building shall be located closer to the front property line than the rear building line of the principal building and no closer to any other side or rear property line than the height of said accessory building, except that an accessory storage building of a residential structure, which accessory building is less than 100 square feet in area and less than 10 feet in height from its uppermost projection to its base at ground level, shall be located no nearer than six feet to any rear or side property line or no nearer to a street than a principal building to which it is accessory. Garages may be brought to the front property line of the principal building provided the garage is not less than 240 square feet in area.
