Florida City Zoning Code
ARTICLE XI
Planning Board
§ 119-33 Establishment.
[Added 3-6-2024 by L.L. No. 1-2025[1]]
Pursuant to §§ Village Law 7-712 and 7-718 of the Village Law of the State of New York, there shall be a Planning Board consisting of five members, each appointed for a term of five years by the Board of Trustees. The Chairperson shall be designated by the Board of Trustees, or, in the absence of such designation, may be selected by the Planning Board. The Planning Board already established shall continue to function under the provisions of this chapter and § 7-718 of Village Law, and the members thereof may continue in office until their respective terms expire.
§ 119-33.1 Residency.
[Added 3-6-2024 by L.L. No. 1-2025]
Every member of the Planning Board, at the time of his/her appointment and throughout his/her term of office, shall be a resident of the Village and shall serve a term of five years.
§ 119-33.2 Powers and duties.
[Added 3-6-2024 by L.L. No. 1-2025]
The Planning Board shall be empowered to:
B.
Review subdivision applications pursuant to Chapter 103, Subdivision of Land, of the Village of Florida Code.
C.
Review special use permit applications pursuant to this article.
D.
Recommend, on its own motion or by referral from the Board of Trustees, matters relating to proposed amendments to this chapter.
E.
Make investigations, maps and reports and recommendations in connection therewith relating to the planning and development of the Village.
§ 119-34 Employees and expenses.
[Added 3-6-2024 by L.L. No. 1-2025]
The Village Board of Trustees shall have the power and authority to employ legal counsel, an engineer and such other experts and staff, including a secretary or clerk (who is not a member of the Board and whose salary is to be fixed by the Village Board of Trustees), to serve the Planning Board (upon the request and recommendation of that Board), and to pay for their services and such other expenses as may be necessary and proper, not exceeding, in all, the appropriation that may be made for such Board.
§ 119-35 Quorum.
[Added 3-6-2024 by L.L. No. 1-2025]
No hearing or meeting of the Planning Board shall be held nor any action taken in the absence of a quorum. A quorum shall consist of at least three members of the Planning Board.
§ 119-36 Conflict of interest.
[Added 3-6-2024 by L.L. No. 1-2025]
No member of the Planning Board shall sit in a hearing or vote on any matter in which he/she possesses a conflict of interest. Said member shall not be counted by the Board in establishing the quorum for such matters.
§ 119-37 Meeting requirements.
[Added 3-6-2024 by L.L. No. 1-2025]
Each member must attend in a calendar year 3/4 of scheduled meetings. In the event that a member misses the number of required meetings, the Chairman shall report such absence to the Village Board of Trustees, who in turn shall review the appointment.
§ 119-38 Alternate members.
[Added 3-6-2024 by L.L. No. 1-2025]
A.
The Village of Florida Village Board of Trustees may appoint, at its discretion, up to two individuals to serve as alternate members to serve on the Planning Board whenever a regular member is unable to participate on an application or matter before the Planning Board.
B.
Alternate members shall be appointed to one year terms with terms expiring on April 1 of each year.
C.
The Chairperson of the Planning Board shall designate an alternate member to substitute for a member when such member is absent or unable to participate on an application or matter before the Planning Board. When so designated, the alternate member shall possess all the powers and responsibilities of such member. Such designation shall be entered into the minutes of the initial Planning Board meeting at which the substitution is made.
D.
The alternate member's vote shall be based on the alternate member's own volition and familiarity with the subject matter and shall not be subject to the substituted member's voting preference.
E.
Alternate members shall regularly attend scheduled meetings and/or work sessions of the Planning Board so as to be available for designation when required and be familiar with the matters before the Planning Board.
F.
All provisions of state law and the Village of Florida Code relating to Planning Board member eligibility, vacancy in office, removal, compatibility of office and service on other boards, as well as provisions of any state or local law relating to the training and continuing education, shall also apply to alternate members.
§ 119-39 Vacancies.
[Added 3-6-2024 by L.L. No. 1-2025]
Vacancies shall be filled by appointment by the Village Board of Trustees. For vacancies occurring prior to the end of a member's term, the filling of such vacancy shall be for the unexpired term.
§ 119-40 Procedure.
[Added 3-6-2024 by L.L. No. 1-2025]
The Planning Board shall determine its own rules of conduct and procedure consistent with the applicable provisions of the Village Law of the State of New York and this chapter.
§ 119-41 Site development plans.
In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Code Enforcement Officer except upon authorization of and in conformity with the plans approved by the Planning Board.
A.
Procedure. No building permit may be issued for any building or use of land within the purview of this section unless the building is constructed or used, or the land is developed or used in conformity with an approved site development plan. The following.
(1)
All subdivisions shall require site plan approval.
(2)
All special use regulated in this chapter shall require site plan approval.
(3)
All permitted uses in the Residential Office, Central Shopping, General Commercial, Industrial Park Districts, and Environmental Conservation Overlay shall require site plan approval.
B.
Submission.
(1)
Presubmission. Prior to the development of detailed plans and the submission of a formal site development plan, the applicant should meet in person with the Planning Board and/or its designated representative to discuss the proposed site development plan in order to determine which of the subsequent requirements shall be necessary in developing and submitting the required site development plan.
(2)
Final submission. At least 15 days in advance of the Planning Board meeting at which a site development plan or an amendment of it is to be presented, the information enumerated herein must be submitted in the number of copies set forth by the Planning Board, to the Secretary of the Planning Board along with a letter of application and payment of professional and administrative fees. All maps submitted must be at a scale of not less than 30 feet to the inch.
C.
Fees shall be paid based on Chapter 8 of the Village of Florida Code or as otherwise set forth by the Village Board by resolution.
D.
The Planning Board may request that the applicant provide the information requested at the presubmission conference and may further request all the items listed below. The Planning Board is not limited to this list and may request any additional information it deems necessary or appropriate. In determining the amount of information required, the Planning Board will consider the type of use, its location, and the size and potential impact of the project. The Planning Board may waive any items listed below if it feels that they do not apply to the application submitted.
(1)
Site plan checklist.
(a)
Title of development, date, North arrow, scale, name and address of record owner, engineer, architect, land planner or surveyor preparing the site development plan.
(b)
The names of all owners of record of all adjoining property, or properties within 300 feet of the site.
(c)
Existing zoning and special district boundaries.
(d)
A survey showing the boundaries of the property, building or setback lines and lot lines, and lines of existing streets as shown on the Village's Official Map. Reservations, easements and areas dedicated to public use, if known and a vicinity map at a scale not smaller than one inch equals 400 feet.
(e)
Existing conditions including watercourses, wetlands, vegetation, rock walls, rock outcrops and topographic contours of at least five feet or less as required by the Planning Board.
(f)
Location of all uses not requiring a structure.
(g)
Existing watercourses and wetlands.
(h)
Grading and drainage plan showing existing and proposed contours.
(i)
Location, design and type of construction, proposed use and exterior dimensions of all buildings.
(j)
Location, design and type of construction of all parking and truck-loading areas showing access and egress.
(k)
Provisions for pedestrian access.
(l)
Location, type and screening details of waste disposal containers and outdoor storage areas.
(m)
Location, design and construction materials of all existing or proposed site improvements, including drains, culverts, retaining walls and fences.
(n)
Description of the method of sewage disposal and location.
(o)
Description of the method of securing public water and location, design and construction materials of such facilities.
(p)
Location of fire and other emergency zones, including the location of fire hydrants.
(q)
Location, design and construction materials of all energy distribution facilities, including electrical, gas and solar energy.
(r)
Location, height, size, materials and design of all proposed signage.
(s)
Location and proposed development of all buffer areas, including existing vegetation cover.
(t)
Location, design, height, intensity and bulb type of all external lighting fixtures. Direction of illumination and methods to eliminate glare onto adjoining properties.
(u)
Identification of the location and amount of building area proposed for each proposed use.
(v)
Proposed limit of clearing, showing existing vegetation including individual trees with a DBH of eight inches or greater within the clearing line.
(w)
Landscaping plan and planting schedule.
(x)
Estimated project construction schedule.
(y)
Record of application for and approval status of all necessary permits from state and county agencies.
(z)
Identification of any state or county permits required for the project's execution.
(aa)
Other elements integral to the proposed development as considered necessary by the Planning Board.
(bb)
Stormwater management plan.
(2)
The developer or property owner will be responsible to extend all waterlines and sewer lines to the property at their sole cost and expense. All lines on Village property or off site will be dedicated to the Village prior to use. All alternative services must be approved by the Village Board.
(3)
Reservation of parkland on site plans containing residential units.
(a)
Before the Planning Board may approve a site plan containing residential units, such site plan shall also show a park or parks suitably located and equipped for playground or other recreational purposes.
(b)
Land for park, playground or other recreational purposes may not be required until the Planning Board has made a finding that a proper case exists for requiring that a park or parks be suitably located for playgrounds or other recreational purposes within the Village. Such findings shall include an evaluation of the present and anticipated future needs for park and recreational facilities in the Village based on projected population growth to which the particular site plan will contribute. In making such determination of suitability, the Board shall assess the size and suitability of lands shown on the site plan which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood.
(c)
In the event the Planning Board makes a finding that the proposed site plan presents a proper case for requiring a park or parks but that a suitable park or parks of adequate size to meet the requirements cannot be properly located on such site plan, the Planning Board may require a fee established by the Village Board of Trustees for each approved residential unit on said site plan. Any monies required by the Planning Board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the Village exclusively for park, playground or other recreational purposes, including the acquisition of property. In making such determination of suitability, the board shall assess the size and suitability of land shown on the subdivision plat which could be possible locations for park or recreational facilities, as well as practical factors including whether there is a need for additional facilities in the immediate neighborhood. Any moneys required by the planning board in lieu of land for park, playground or other recreational purposes, pursuant to the provisions of this section, shall be deposited into a trust fund to be used by the village exclusively for park, playground or other recreational purposes, including the acquisition of property.
(d)
If the land included in a site plan under review is a portion of a subdivision plat which has been reviewed and approved, the Planning Board shall credit the applicant for any land set aside or money donated in lieu thereof under such subdivision plat approval. In the event of resubdivision of such plat, nothing shall preclude the additional reservation of parkland or money donated in lieu thereof.
(4)
Stormwater, erosion and sediment control measures.
(a)
No application for approval of a land development activity which involves the disturbance of land equal to or greater than one acre, shall be approved until the Planning Board has received a stormwater pollution prevention plan (SWPPP) prepared consistent with NYS DEC State Pollutant Discharge Elimination System and required permits. The Board may request the following information:
[1]
Site map/construction drawing(s) for the project, including a general location map. At a minimum, the site map should show the total site area; all improvements; areas of disturbance; existing vegetation; on-site and adjacent off-site surface water(s); wetlands and drainage patterns that could be affected by the construction activity; existing and final slopes; locations of off-site material, waste, borrow or equipment storage areas; and location(s) of the stormwater discharge(s); site map should be at a scale no smaller than one inch equals 100 feet (e.g., one inch equals 500 inches is smaller than one inch equals 100 inches).
[2]
Construction phasing plan describing the intended sequence of construction activities, including clearing and grubbing, excavation and grading, utility and infrastructure installation and any other activity at the site that results in soil disturbance. Consistent with the New York Standards and Specifications for Erosion and Sediment Control (Erosion Control Manual), not more than five acres shall be disturbed at any one time unless pursuant to an approved SWPPP.
[3]
Description of the pollution prevention measures that will be used to control litter, construction chemicals and construction debris from becoming a pollutant source in stormwater runoff.
[4]
Description of construction and waste materials expected to be stored on site, with updates as appropriate, and a description of controls to reduce pollutants from these materials, including storage practices to minimize exposure of the materials to stormwater and spill prevention and response.
[5]
Temporary and permanent structural and vegetative measures to be used for soil stabilization, runoff control and sediment control for each stage of the project from initial land clearing and grubbing to project closeout.
[6]
A site map/construction drawing(s) specifying the location(s), size(s) and length(s) of each erosion and sediment control practice.
[7]
Dimensions, material specifications and installation details for all erosion and sediment control practices, including the siting and sizing of any temporary sediment basins.
[8]
Temporary practices that will be converted to permanent control measures.
(b)
Plan certification. The SWPPP shall be prepared by a licensed professional or the property owner and must be signed by the property owner, who shall certify that the design of all stormwater management practices meets the requirements and technical standards to receive the required permits from NYS DEC.
(c)
Technical standards. For the purpose of this section, stormwater management practices that are designed and constructed in accordance with the following technical documents shall be presumed to meet the standards imposed by this chapter:
[1]
The New York State Stormwater Management Design Manual (New York State Department of Environmental Conservation, most current version or its successor, hereafter referred to as the "Design Manual").
[2]
New York Standards and Specifications for Erosion and Sediment Control (Empire State Chapter of the Soil and Water Conservation Society, 2004, most current version or its successor, hereafter referred to as the "Erosion Control Manual").
(d)
Water quality standards. Any land development activity shall not cause an increase in turbidity that will result in substantial visible contrast to natural conditions in surface waters of the State of New York or the Village of Florida.
E.
Duties of the Planning Board. In approving the site development plan for any particular use, the Planning Board shall give specific consideration to the design of the following:
(1)
Traffic access. That all proposed traffic access and ways are adequate but not excessive in number; adequate in width, grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations.
(2)
Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent parking in public streets of vehicles of any persons connected with or visiting the use and that the interior circulation system is adequate to provide safe accessibility to all required off-street parking lots.
(3)
Landscaping and screening. That all playgrounds, parking, refuse disposal and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight inches in diameter, measured at the diameter at breast height (DBH), shall be retained to the maximum extent possible.
(4)
Environmental impacts. Disturbance to environmental resources including the area of special flood hazard; freshwater wetlands and watercourses and any buffer area that may be regulated by the NYS DEC; and steep slopes shall be avoided to the extent practicable. If avoidance of environmental resources is not possible, proper plans and permits shall be submitted to the satisfaction of the Village Engineer.
(5)
Hours of operation for construction at a site or the operation of the use that is subject to site plan approval shall be regulated by the Planning Board at the time of approval. Construction hours shall be limited to the period between 7:00 a.m. and sunset or 6:00 p.m., whichever is later, daily including Saturdays. No outdoor construction shall occur on Sunday or holidays. Hours of operation of a use may be established by the Planning Board based on the use, except that outdoor operations and activities shall be limited to 7:00 a.m. to sunset or 6:00 p.m., whichever is later, or sunset on Sundays and holidays.
(6)
Clearing and grading. Upon submission of a site plan application, no clearing or grading may occur unless otherwise approved by the Village Board until the site plan has been approved. No grading shall occur within five feet of a property line and all grades shall be properly stabilized to the satisfaction of the Village Engineer. Driveway grades shall not exceed 15%, but all driveway grades in excess of 10% shall be paved. Parking lot grades shall generally not exceed 3%. However, dependent on the use and need for shopping carts, the Planning Board may allow grades up to 6%.
(7)
Fire lanes and proper turning radii for fire and emergency apparatus shall be required within all drives and parking areas based on the proposed use.
(8)
Noise decibel levels for proposed on-site uses shall be limited to the existing ambient decibel levels within 200 feet of a property. If a use is proposed which, in the opinion of the Planning Board, may generate or caused to be generated higher decibel levels than currently exist, they shall require the predevelopment noise decibel levels be defined as a base line for future development of the site.
F.
Conditions. The Planning Board shall have the authority to impose reasonable conditions and restrictions as are directly related and incidental to a site plan. The Planning Board may require that site plan approval be periodically reviewed if the intensity of the projected use and other impacts of the project are uncertain. Upon approval of the site plan, any conditions attached to said approval must be met prior to the signing and filing of the site plan map.
G.
Approval. The Planning Board shall render a decision within 62 days of the close of a public hearing, or within 62 days after receipt of a complete site plan application if no public hearing is held. The Planning Board may approve, conditionally approve, or disapprove a site plan. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. The date of the decision shall be the date on which the Planning Board meets and votes and renders the decision. The decision of the Planning Board shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
H.
Site plan amendments. Amendments to a site plan shall be acted upon in the same manner as the approval of the original plan.
I.
Site plan approval; maintenance a continuing obligation.
(1)
Expiration of approval. Site plan approval, with or without conditions, shall expire no later than 12 months from the date of the approval, unless a building permit has been issued by the Code Enforcement Officer, or unless a certificate of occupancy has been issued by the Code Enforcement Officer in the event a building permit is not required. The Planning Board may, in its sole discretion, grant additional extensions of the site plan approval, each for a period not to exceed six months. Each extension may only be granted upon written request and showing of good cause by the applicant, delivered to the Planning Board no less than 10 days prior to expiration of the site plan approval.
(2)
If no certificate of occupancy has been issued, site plan approval shall be effective for a total period of three years from the date the resolution of approval is adopted by the Board, notwithstanding any extension granted. If, at the end of the three-year period, the applicant has not completed construction, final site plan approval shall automatically expire, and the applicant must reapply for site plan approval pursuant to this zoning chapter.
(3)
Site maintenance. It shall be a continuing obligation and requirement to maintain a property in conformity with the approved site plan. Failure to do so shall constitute a violation of this zoning chapter.
§ 119-42 Special use permits.
A.
Approval of special use permits. The Village Board of the Village of Florida authorizes the Planning Board to review and decide upon special use permit applications as set forth in this zoning chapter and Table 1, District Use Regulations.[1] The Village Board retains authority to review and decide upon special use permit applications for certain special uses as set forth in this Article. For purposes of this Article XI, the Village Board and the Planning Board are referred to as the "authorized board."
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
B.
Objectives. On application and after public notice and hearing, the authorized board may approve by resolution, the issuance of a special use permit exclusively for uses that require a permit under this zoning chapter. In authorizing a special use permit, the authorized board shall take into consideration the expressed intent of this zoning chapter, the general public health, safety, and welfare, and shall prescribe appropriate conditions and safeguards to ensure accomplishment of the following objectives:
(1)
The proposed use shall be deemed to be compatible with adjoining properties, and with the natural and built environment of its surrounds.
(2)
The site is accessible to fire, police, and other emergency vehicles.
(3)
The use is suitable to its site upon consideration of its scale and intensity in relation to environmentally sensitive features, including, but not limited to, steep slopes, floodplains, wetlands, and watercourses. Adequate screening and separation distances are provided to buffer the use from adjacent properties where the authorized board deems it necessary.
(4)
The use will not negatively impact ambient noise levels, generate excess dust or odors, release pollutants, generate glare, or cause any other nuisances.
(5)
Parking shall be sufficient so as to not create a nuisance or traffic hazard on adjacent properties or roads.
(6)
Vehicular, pedestrian and bicycle circulation, including levels of service and roadway geometry, shall be safe and adequate to serve the use.
(7)
The location, arrangement, size, operation including hours of operation, and design of the use, including all principal and accessory structures associated with same, shall be compatible with the character of the neighborhood in which it is situated and shall not hinder or negatively impact the use, enjoyment or operation of adjacent properties and uses.
(8)
Utilities, including stormwater, wastewater, water supply, solid waste disposal and snow removal storage areas, shall be adequate to serve the use.
(9)
The use shall not negatively impact the visual character of the Village or neighborhood.
(10)
The use shall not negatively impact historic, scenic or natural environmental features on-site or within the adjacent neighborhood.
C.
Waiver of standards. As stated within this article, the authorized board, when reasonable, may waive any requirement for the approval, approval with modifications or disapproval of special use permits except where said waiver is specifically not authorized herein. Any such waiver of the standards may only be exercised in the event they are found not to be requisite in the interest of the public health, safety or general welfare or inappropriate to a particular special use permit. No waiver can be granted by implication and any waiver must be granted by specific affirmative vote of the majority of the full membership of the Board based upon findings required herein.
D.
Area variance. Where a proposed special use contains one or more features which do not comply with this zoning chapter, application may be made to the Zoning Board of Appeals for an area variance pursuant to Article IX of this zoning chapter, without the necessity of a decision or determination of the Code Enforcement Officer charged with the enforcement of this zoning chapter.
E.
Procedure. The following procedures shall apply for all special use permits:
(1)
The authorized board shall deem that a special use permit application is complete prior to the conduct of a public hearing on the application. Any application for a special use permit shall require site plan approval by the Planning Board in accordance with the site plan regulations pursuant to Article XI. Whenever possible, a hearing on a special use permit should be held concurrently with any hearing held on the site plan. A complete special use permit application shall include all forms and applicable information required pursuant to Article III, V and XI as required by the Planning Board.
(2)
In considering application for special use permit approval in which the Village Board is the authorizing board as set forth in this Article, the Village Board shall refer the application to the to the Planning Board for a recommendation and site plan review. The Planning Board shall recommend approval, approval with modifications or disapproval, and the matter shall then be heard and determined by the Village Board. Subsequent to the Village Board decision on the special permit, the Planning Board may render a decision on the site plan in accordance with Article XI.
F.
Public hearing. The authorized Board shall conduct a public hearing pursuant to § 119-44 of this section, within 62 days from the date a complete special use permit application is received.
G.
Decision. The authorized board shall decide upon the application within 62 days following the close of the public hearing. The time within which the authorized board must render its decision may be extended by mutual consent of the applicant and the authorized board.
H.
Filing. The decision of the authorized board on the application shall be filed in the office of the Village Clerk within five business days after such decision is rendered, and a copy thereof mailed to the applicant.
I.
Existing violation. No special use permit shall be issued for a property known to be in violation of this zoning chapter unless the granting of a special use permit and site plan approval will result in the correction of said violation.
J.
Deemed to be a conforming use. Any use for which a special use permit has been granted shall be deemed to be a conforming use in the district in which it is located, provided that such permit shall be deemed to affect only the lot or portion thereof for which such permit shall have been granted. The expansion of any special use shall require an amendment of the special use permit by the authorized board in accordance with the special use permit application and approval procedures contained herein. For purposes of this section, expansion shall be interpreted to mean an increase in the area allocated to the special use, an increase in development coverage, or an increase in the intensity of use, e.g., an increase in traffic or need for on-site parking.
K.
Expiration of special use permit; extension of special use permit for good cause. A special use permit shall be deemed to have expired if it ceases operation for a time period equal to or greater than 12 consecutive months for any reason, or if construction is not completed within 24 months from the date of issuance. The authorized board may consider extensions of up to six months from the date of issuance for good cause, as determined solely by the authorized board.
L.
Inspections. In connection with the issuance of a special use permit, the authorized board may provide for inspections to be conducted by the Code Enforcement Officer to ensure continued compliance with this zoning chapter and any conditions of the special use permit.
M.
Renewal. The authorized board may require that a special use permit be renewed periodically as a condition of special use permit approval. Sixty days prior to the expiration of a special use permit, the applicant shall apply to the Code Enforcement Officer for renewal of the special use permit. The Code Enforcement Officer shall inspect the premises to verify that the conditions of the permit have been met within 15 days following a request for renewal. Upon a finding that there are no violations or noncompliance of the conditions of the special use permit, the Code Enforcement Officer shall so advise the Planning Board and the special use permit shall be renewed by the Planning Board for a time period to be set at its next regular meeting. However, where the Code Enforcement Officer finds that the applicant is not in compliance with the special use permit or that violations exist, then such renewal shall require Board approval and may be granted only following a public hearing. Renewal may be withheld upon a determination by the authorized board that such conditions as may have been prescribed by the authorized board in conjunction with the issuance of the original permit have not been or are being no longer complied with. In such cases, a period of 60 days shall be granted the applicant for full compliance prior to the revocation of said permit.
N.
Fees. An application fee shall accompany the special use permit application in an amount established in the fee schedule duly adopted by the Village Board.
§ 119-43 Individual standards for special uses.
A.
In addition to the general objectives set forth above, the following requirements shall apply to special permit uses and shall supersede any conflicting requirement of this chapter. Special permit uses shall meet all other regulations established in this zoning chapter unless superseded by any standards set forth below in this section.
B.
Special use regulations. The uses listed below are allowed in certain districts as indicated in the schedule of use regulations,[1] subject to special use approval from the authorizing board and provided that the use will comply with the respective conditions specified for each use in this section and the Village Comprehensive Plan.
(1)
Bed-and-breakfast. Bed-and-breakfast establishments are allowed by special permit in the RR, RA, R1, R2, MR, RO, CS and GC Districts, subject to the following conditions and Planning Board approval:
(a)
The structure shall include a minimum of three bedrooms with a minimum of one additional bathroom for each two guest rooms.
(b)
The facility shall be in a single-family residence of the operator who is the owner or lease holder of the building.
(c)
Rooms may not be rented to the same individuals for more than 14 consecutive days in a thirty-day period.
(d)
Signage shall be limited to one non-illuminated wall-mounted or building-hung sign not to exceed four square feet in area, except in the CS and GC Districts where a ground sign (less than four feet tall) not exceeding eight square feet may be permitted in addition to a wall sign. The location of the ground sign shall be at least 10 feet from any property line. All signage must be consistent with the character of the area and is subject to approval by the Planning Board after recommendation by the architectural review board.
(e)
In addition to parking required for a residence, one parking space is required for each guest room.
(f)
The kitchen and dining room shall not be used as a restaurant. Only overnight guests will pay for a meal on the premises, the cost of which shall be included in the cost of the room.
(g)
The facility must meet all applicable Village, county and state health, safety and liability requirements.
(h)
The special use approval for such bed-and-breakfast is nontransferable and the facility shall be inspected by the Code Enforcement Officer annually to ensure that the facility is being operated in compliance with all conditions of approval.
(2)
Cemeteries. Cemeteries are allowed by special use permit in the RR, RA, and R1 Districts and subject to Planning Board approval. No burial or memorial plats or buildings shall be located closer than 50 feet to any residential lot line, except that when a dense evergreen hedge or a wall or landscaped strip at least six feet in height providing complete visual screening from all adjacent residential property is provided, burial or memorial plats of less than six feet in height may be located no closer than 20 feet to any residential lot line. Crematories shall be located only in cemeteries.
(3)
Drive-through and drive-up establishments. Drive-through and drive-up establishments are allowed by special use permit in the GC District and subject to Planning Board approval. Before approving any fast-food, drive-up or drive-through establishment, the Planning Board shall consider:
(a)
Vehicular traffic movements and potential hazards to pedestrian safety. All drive-through aisles shall exit into a parking area or onto a side street and not directly onto Meadow Road, Route 17A or Route 94.
(b)
Proposed signs, lighting, speaker noise where residential properties are located nearby and landscaping.
(c)
Parking shall be adequate for the type of facility proposed, with three additional short-term spaces devoted specifically for pickup or order delays for each drive-up, drive-through, walk-up or pickup window or area inside or outside of the building.
(d)
Public roads and internal drive aisles shall not be blocked by waiting drive-through traffic.
(e)
Parking areas and circulation drives shall be adequately separated so as to avoid conflict between parking cars and waiting drive-through traffic.
(f)
Adequate stacking space will be provided for waiting drive-through vehicles such that these vehicles do not interfere with on-site vehicular or pedestrian traffic circulation.
(g)
The site plan checklist for parking lot area traffic and pedestrian movement safety concerns shall be reviewed in preparation of plans.
(h)
Any such use shall meet the following conditions of operation:
[1]
Provision of sufficient security to prevent the use of the premises as a loitering place during hours of operation.
[2]
Provision of adequate facilities and personnel for disposal of trash and other debris.
[3]
Provision for continuing maintenance of the exterior of the building and the grounds, including landscaping, signs and policing of litter.
(4)
Hospitals, nursing homes. Hospitals or nursing homes are allowed by special use permit in the RA, RR, R1, R2, MR, RO and IP Districts, subject to approval of the Planning Board and the following conditions:
(a)
The site must front on and have direct access to a major thoroughfare.
(b)
Each such use shall occupy a lot which shall have an area containing not less than two acres with a minimum frontage of 200 feet.
(c)
All buildings and structures shall be at least 50 feet from the front and rear property lines and 25 feet from the side property lines.
(d)
Building coverage, including accessory buildings, shall not exceed 25% of land area.
(e)
A landscaped buffer strip shall be provided along the side and rear property lines.
(f)
In addition to the special standards described above, nursing homes or hospitals shall comply with any other requirements of this chapter (including, but not limited to, parking areas, landscaping, and utilities), any other special requirements deemed appropriate by the Planning Board, and all other applicable laws and regulations governing such facilities.
(5)
Manufacturing, converting, processing and alteration. Manufacturing, converting, processing and alteration are allowed by special use permit in the GC District,[2] subject to the approval of the Planning Board as provided in this section and the following conditions:
(a)
The space so used is fully concealed from any street or neighboring residential zone and such area shall not exceed 20% of the square footage devoted to retail sales.
(b)
The goods so produced or processed are only to be sold on the premises at retail.
(c)
The space so used must comply with all laws and regulations governing the safety, noise and emission levels, liability, and other matters pertaining to such processing or production.
(d)
The Planning Board may limit hours of such activity if deemed to be necessary.
[2]
Manufacturing is a permitted use in the IP zoning district.
(6)
Membership clubs, recreational use. Annual membership clubs providing outdoor recreational facilities such as private playgrounds, swimming pools and tennis courts are allowed by special use permit in the RR, RA, R1, R2, MR, and RO Districts, subject to the approval of the Planning Board as provided in this section and the following conditions:
(a)
No building or part thereof shall be erected nearer than 50 feet to any street or property line.
(b)
The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.
(c)
Any such club shall be incorporated pursuant to the provisions of the Membership Corporations Law or the Benevolent Orders Law of the State of New York and cater exclusively to members and their guests or be an unincorporated association approved by the Village Board and cater exclusively to members and their guest.
(d)
No such use shall be conducted as a business enterprise.
(e)
Such use shall occupy a lot with an area of not less than one acre and have sufficient area for parking and other recreational facilities.
(f)
The use of outdoor public-address systems or amplifiers for any purpose shall be prohibited, unless permission is granted by the Village Board for a specific event.
(g)
Exterior lighting, other than that essential for the safety and convenience of the uses of the premises, shall be prohibited.
(7)
Motor vehicle sales, service, repair. Motor vehicle sales, service stations and repair garages are allowed by special use permit in the GC and IP District, subject to the approval of the Planning Board and the following conditions:
(a)
The minimum lot size for such use shall be 20,000 square feet, and the minimum street frontage shall be 150 feet.
(b)
Entrance and exit driveways shall have an unrestricted width of not less than 16 feet and not more than 20 feet, shall be located not nearer than 10 feet to any property line and shall be so laid out as to avoid the necessity of any vehicle's backing out across any public right-of-way.
(c)
Vehicle lifts or pits, dismantled automobiles and all parts or supplies shall be located within a building enclosed on all sides. All service or repair of motor vehicles, other than such minor servicing as change of tires and sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
(d)
The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 15 feet to any property line.
(e)
All fuel storage at any such filling station shall be stored in underground tanks, and the location, capacity and composition of said tanks shall comply with the New York State Uniform Fire Prevention and Building Code and any amendments thereto.
(f)
All pumps and lubricating and other devices shall be located at least 20 feet from any building, structure or street line.
(g)
No building permit for any such establishment shall be issued within a distance of 200 feet, measured along the street line of the side of any street on which such facility has any frontage, of any school, church, hospital or other place of public assembly with an occupancy capacity of more than 50 persons, the said distance to be measured in a straight line between the nearest points of each of the lots or premises regardless of the district where either premises is located.
(h)
The area devoted to the outdoor storage of motor vehicles or parts thereof for purposes of dismantling will be screened from view of persons on adjacent streets by enclosing such areas with a screening fence eight feet in height or locating them inside a building. No more than five motor vehicles shall be stored outdoors at a repair shop or service station overnight.
(i)
All repairs, servicing and cleaning of vehicles shall take place within a fully enclosed structure. Vehicular entrances to structures shall not be permitted in building walls which are at an angle of less than 60° to a public street.
(j)
Access drives, internal circulation patterns and loading areas shall be designed so that all internal related traffic maneuvers take place on site. Queuing or parking of vehicles or trucks in residence districts or in a manner that obstructs or disrupts traffic flow on any street is prohibited.
(k)
Balloons, spinners or similar moving, fluttering or rotating devices are prohibited anywhere on the property.
(l)
All external lighting shall be shielded from adjacent residence districts, and no such light shall be placed more than 15 feet above finished grade. No flashing, blinking, intermittent or revolving lights or searchlights shall be permitted. All lighting shall be directed so as to illuminate only the site and shall not cause any annoyance or interference by substantial transgression of illumination on adjoining properties.
(m)
Emissions from auto exhaust or equipment operation shall be retained or processed so that they are not transmitted beyond the site.
(n)
All oil, solvents and other chemicals shall be stored and retained in containers designed for such purpose and disposed in a manner to prevent any such materials from entering the municipal sewage disposal system, stormwater drainage system or natural drainageways.
(o)
Not more than 12,000 gallons of motor fuel shall be stored at any time, and motor fuel storage must comply with all design standards established therefor by the Village Engineer and federal design standards.
(p)
The facility shall be designed by a licensed professional architect or engineer using current standards in practice in the industry and include a fire-suppression system and a leak-detection and alarm system approved by the Building Department.
(q)
No vehicle, other than those used in the operation of the facility, shall be kept on the premises for a period longer than 30 days.
(r)
No commercial vehicles shall be parked on the premises adjacent to residential property. A fifteen-foot buffer is required along any residential property line.
(s)
No canopy shall be erected within 15 feet of any property line.
(t)
Motor vehicle repair or service shall be permitted only if accessory to a gasoline filling station or a new-and-used automobiles sales establishment but not in connection with or as part of a parking garage.
(u)
Any gasoline filling station equipped with gasoline pumps designed for or advertised as self-service gasoline pumps shall not be operated in such a manner unless such station has a least one attendant employed by the owner or operator of such filling station on duty during all hours of operation.
(v)
The operator of the station shall provide appropriate automobile window cleaning devices and air pump(s) for use by patrons.
(w)
The operator of the station shall have available for sale to customers motor oil, transmission fluids and windshield cleaning solvents.
(8)
Places of worship. Places of worship, including parish houses and meeting areas but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling, are allowed by special use permit in the RA, RR, R1, R2, MR, RO and CS Districts, subject to Planning Board approval and the following conditions:
(a)
The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.
(9)
Public utility building, plant, structure or storage yard. Public utility facilities are allowed by special use permit in all districts, subject to Planning Board approval and the following conditions:
(10)
Telecommunications (cellular) towers are allowed by special permit in the RA and RR Districts, subject to the conditions and procedures pursuant to Chapter 117, Wireless Communications Facilities.
(11)
Large-scale solar energy systems (Tier 2 and 3) are allowed by special use permit in the RA, RR, GC, and IP Districts subject to the approval of the Village Board and the conditions and procedures pursuant to Chapter 97, Solar Energy Systems.
(12)
Tier 2 battery energy storage systems are allowed by special use permit in the RA, RR, GC, and IP Districts subject to the approval of the Village Board and the conditions and procedures pursuant to Chapter 97, Battery Energy Storage Systems.
(13)
Schools, elementary or high, public, denominational, or private having curriculum the same as ordinarily given in public schools. Schools are allowed by special use permit in the RA, RR, R1, R2, MR, RO, and GC Districts, subject to Planning Board approval and the following conditions:
(a)
No building or part thereof shall be erected nearer than 50 feet to any street or property line.
(b)
The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.
(c)
Any such school shall occupy a lot with an area of not less than the minimum site size required by the New York State Department of Education.
(14)
Self-service storage facilities. Self-service storage facilities are allowed by special use permit in the GC and the IP Districts, subject to Planning Board approval and the following conditions:
(a)
The maximum size of an individual storage unit permitted is 600 square feet. In no case shall a single tenant be permitted to rent or lease more than 1,800 square feet in a single, self-service storage facility.
(b)
Off-street areas adjacent to the building shall be provided for loading purposes.
(c)
Provision shall be made for adequate site security and access control. Adequate provision shall be made for access to the self-service storage area by emergency service providers when the facility is closed.
(d)
Equipment such as dollies, carts and/or hand trucks shall be made available near the loading area for the use of tenants. When not in use, such equipment shall be stored inside the building in an approved location. The Planning Board may approve an outside storage location for equipment if a secure and well-designed equipment enclosure can be sited in a location that will not interfere with traffic circulation or loading areas.
(e)
A leasing office for the purpose of leasing the units within the facility may be provided on site. A manager's apartment may be provided for the use of a resident on-site manager in addition to an accessory leasing office. Parking spaces required for such office and residential uses shall be located adjacent to the office and residence area and conform to parking requirements and standards provided in Article VII of this zoning chapter.
(f)
In no case shall storage or maintenance of radioactive, toxic, explosive or controlled substances be permitted. The servicing or repair of automotive equipment, tools or machinery and the construction or fabrication of goods or materials shall not take place on the site, either inside or outside the bounds of an individual storage unit. The operation of power tools, spray equipment, compressors and other equipment shall not be permitted as an adjunct to the use or lease of any storage unit.
(15)
Warehouses and storage facilities. Warehouses and storage facilities are allowed by special use permit in the GC District, subject to Planning Board approval and the following conditions:
(a)
Loading bays may not face street frontage area.
(b)
Warehouses with eight or more loading docks shall be located on lots in excess of five acres in area.
(c)
Truck parking areas shall be screened from all adjacent properties by a landscaped area designed to the satisfaction of the Planning Board.
(d)
Loading and parking areas shall be at least 300 feet from any residential property line or residential district line.
(16)
A craft brewery/winery/distillery are allowed by special use permit in the RO and GC zones subject to the following conditions and Planning Board approval:
(a)
The structure and the operation shall meet all of the requirements of the New York State Liquor Authority, Alcoholic Beverage Control Law and any other local, state or federal agency having jurisdiction over the manufacture and sale of alcohol.
(b)
All signage shall be approved in accordance with § 119-18 of the Village Code and shall be subject to architectural review by the Planning Board.
(c)
The lot on which such use is located shall contain a minimum of 20,000 square feet of lot area.
(d)
The lot on which such use is located shall not adjoin the RR, R1, or R2 zones. A lot separated from the RR, R1 or R2 zones by a New York State highway shall not be deemed adjoining for purposes of this section.
(e)
Such use shall only be open to the public from 12:00 noon until midnight.
(f)
A landscaped buffer or suitable fencing as approved by the Planning Board shall be provided along the side and rear property lines.
(g)
In the event that New York Law supersedes these requirements, then such state law shall apply.
(17)
Multifamily dwellings are allowed by special use permit in the CS and GC Districts subject to the following conditions and Planning Board approval:
(a)
Central shopping district. Multifamily dwellings shall be permitted in the Central Shopping District by conversion of existing structures. It is the intent that the Village maintain its historic downtown character.
[1]
Dwellings shall be above grade level floor.
[2]
Dwellings shall not be located on the ground floor, shall have a minimum of 600 square feet of livable space and shall provide parking in accordance with the parking schedule.
[3]
Livable Floor Area of a dwelling shall not be less than 600 square feet.
[4]
Each dwelling unit shall be provided at least one off-street parking space.
(b)
General commercial district. Multifamily dwellings shall be permitted in the General Commercial Zoning District by new construction or conversion subject to the following:
[1]
Except as otherwise set forth below, the bulk and dimensional regulations for multifamily dwellings in the MR district, found in Table 2[3], shall apply.
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
[2]
The minimum lot size shall be three acres.
[3]
Structures shall be a maximum of three stories and 35 feet in height.
[4]
Dwellings shall be above grade level and shall be in connection with a commercial/residential mixed-use development with commercial establishments on the ground floor with apartments upstairs.
[5]
New buildings shall not exceed 132 feet in length, and such building shall have an offset of at least five feet at a minimum of every 40 feet of length, which shall also include a roofline offset.
[6]
A fifteen-foot landscaped buffer or suitable fencing is required along any residential property line. The adequacy of the buffer and buffer materials shall be determined by the Planning Board.
[1]
Editor's Note: Said schedule is included as an attachment to this chapter, Table 1, District Use Regulations.
§ 119-44 Public hearings.
A.
Public hearing. Whenever a public hearing is required to be held by the Planning Board under the Village of Florida Code or state law, the following procedure shall apply:
(1)
Public hearing notice. The applicant shall publish notice of the public hearing in the official newspaper not less than five days or more than 30 days prior to the date of the public hearing. The applicant shall mail said notice by first class regular mail with a certificate of mailing from the United States Postal Service not less than 10 days prior to the hearing to owners of property within 300 feet of said property as the names of said owners appear on the last-completed assessment roll of the Village. The form of such notices shall be prescribed by the Planning Board, and the cost of such notice shall be paid by the applicant. The applicant shall submit an affidavit of mailing at the public hearing which shall include a list of the property owners to whom the notice of hearing was sent.
(2)
Where a Special Use Permit is required for the proposed action, the public hearing on the Special Use Permit shall be coordinated with any hearing on the site plan application to the maximum extent possible.