Florida City Zoning Code
ARTICLE IV
District Use Regulations
§ 119-7 Schedule of permitted, accessory and special permit uses.
The schedule of Permitted (P), Accessory (A) and Special Use Permit (SUP) uses is included at the end of this chapter in Table 1, District Use Regulations.[1]
[1]
Editor's Note: Table 1 is included as an attachment to this chapter.
§ 119-8 Regulations applicable to permitted uses in residential districts.
A.
The following commercial agricultural operations and accessory uses thereto, are permitted in the RA (Residential Annexation) District, provided that the lot size is no less than two acres.
B.
Multifamily dwellings. Multifamily dwellings consisting of a building or buildings containing three or more apartment units shall meet the following requirements:
(1)
Bedrooms. In the Environmental Conservation Overlay (ECO) district, no dwelling unit shall have more than two bedrooms.
(2)
Building length.
(3)
The minimum distance between principal buildings shall be as follows:
(4)
Building height.
(a)
Maximum building height shall be controlled by as specified in Table 2, Dimensional Standards.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(b)
No building in the ECO (Environmental Conservation Overlay) shall exceed 35 feet measured from the average elevation of the finished grade to the highest point of the roof.
(5)
In the ECO district, no building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
(6)
Off-street parking areas and service yards shall be suitably landscaped to ensure an attractive environment within the site.
(7)
Sidewalks shall connect the residential buildings with parking areas, public streets, recreation facilities and other amenities.
(9)
Building elevations and floor plans shall be submitted for review and approval by the Planning Board.
(10)
There shall be provided on the site plan an overall drainage system for the proposed development, and the site shall have public central water and sewer facilities.
(11)
There shall be no parking areas located in required front yards.
(12)
Snow storage areas shall be indicated on any site and/or subdivision plan and shall not interfere with required parking or traffic circulation.
(13)
Vehicular access and internal roadways.
(a)
Entrances and exits shall be clearly visible from the street and at least 150 feet from any street intersection.
(b)
There shall be two means of ingress and egress to the site.
(c)
Access shall be to a public street.
(d)
Site access, and right-of-way and pavement widths for internal roads shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police or emergency vehicles.
(14)
Open space.
(a)
Open space in the ECO district is regulated in § 119-15A(5).
(b)
Open space in the MR district shall be provided as follows:
Efficiency | One-Bedroom | Two-Bedroom | Three-Bedroom | |
|---|---|---|---|---|
Common open space per dwelling unit (square feet) | 525 | 950 | 1,125 | 1,250 |
C.
Attached housing consisting of a series of attached dwelling units, including townhouses and row homes, shall meet the following requirements:
(1)
No building shall exceed four row or attached housing dwelling units. No building shall exceed 120 feet in length.
(2)
Building height. No building in the ECO shall exceed 35 feet measured from the average elevation of the finished grade to the highest point of the roof.
(3)
The minimum distance between principal buildings shall be as follows:
(4)
For properties greater than five acres, no building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
(5)
Off-street parking areas and service yards shall be suitably landscaped to ensure an attractive environment within the site.
(6)
There shall be provided on the site plan an overall drainage system for the proposed development and the site shall have public and central water and sewer facilities.
(7)
There shall be no parking areas located in required front yards.
(8)
Vehicular access shall be clearly visible from the street and at least 150 feet from any street intersection for properties greater than five acres.
(9)
Site access, and right-of-way and pavement widths for internal roads shall be determined from sound planning and engineering standards to be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of firefighting equipment and police or emergency vehicles by the Planning Board.
(10)
Visual screening between adjoining residential yards and between residences and nonresidential areas shall be accomplished through the use of vegetation, walls or fencing.
(11)
Access shall be to a public street and be adequate for the estimated traffic to and from the site so as to ensure the public safety.
(12)
Open space.
(a)
Open space in the ECO district is regulated in § 119-15A(5)(e).
(b)
Open space in the MR district shall be provided as follows:
One-Bedroom | Two-Bedroom | Three-Bedroom | |
|---|---|---|---|
Common open space per dwelling unit (square feet) | 950 | 1,125 | 1,250 |
D.
Accessory buildings and uses.
(1)
An accessory building may be located in any required side or rear yard, provided that:
(a)
Such building shall not exceed 15 feet in height.
(b)
Such buildings shall be set back five feet from any side or rear lot line and shall not be located less than 10 feet from the principal building.
(c)
All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.
(d)
All such buildings in the aggregate shall be limited to no more than 50% of the ground floor area of the principal residential structure.
(2)
No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the erection of such garages under the following conditions:
(3)
Customary home occupations shall be permitted accessory uses in all residential district, provided that:
(a)
No display of goods or sign is visible from the street, except as set forth in § 119-18E, Exempt signs.
(b)
Such occupation is incidental to the residential use of the premises and is carried on in the principal building or a preexisting barn by a resident therein with not more than one nonresident assistant.
(c)
Such operation is carried on in an area not exceeding 30% of the area of the ground floor of the principal building.
(d)
At no time shall any premises be used in such a manner as to cause the emanation therefrom of offensive or noxious odors, vapors, fumes, glare, dust, smoke, gas, vibration, noise or radiation, or be used in such a manner as to cause injury, annoyance or disturbance to any of the surrounding properties and to their owners and occupants.
(e)
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(f)
Equipment capable of causing interference with radio or television reception in the neighborhood shall be prohibited unless also equipped with means to prevent such interference.
(g)
Any home occupations that cannot meet conditions listed above and uses that generate more traffic than that which is considered normal for a residential area, such as retail sales, require Planning Board approval.
(4)
Garden house, tool house, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain shall be permitted accessory uses in all residential districts, provided that:
(a)
Swimming pools, hot tubs and spas with a depth in excess of two feet shall be subject to the following requirements:
[1]
The edge of the pool, hot tub or spa shall be kept a distance of not less than 20 feet from all property lines.
[2]
If located within 50 feet of any property line, such pool, hot tub or spa shall be screened from the view of abutting properties.
[3]
An outdoor swimming pool, including an in-ground, aboveground or on-ground pool, hot tub or spa shall be provided with a barrier which shall comply with pertinent specifications as cited in Chapter 42 of the Residential Code of New York State and provided with a self-closing, self-locking gate to prevent unauthorized use of the pool, hot tub or spa and to prevent accidents.
(b)
Garden houses or other accessory structures shall be a minimum of 10 feet from the principal building and five feet from any property line.
(5)
Barns up to 750 square feet building footprint shall be permitted accessory uses in the RA, RR, and IP Districts for use as garages or storage sheds, provided the structure is maintained in good repair. Pre-existing barns in the RA, RR, R1, R2, GC, and IP Districts may be used use as garages or storage sheds, provided the structure is maintained in good repair.
(6)
Patios and decks shall be permitted accessory uses and are permitted to encroach into the required rear yard setback in any residential zone, provided that said patio or deck complies with each of the following requirements:
(a)
It must abut the principal dwelling structure.
(b)
It shall not have a roof.
(c)
Decks shall not be closer than 25 feet to the rear property line.
(d)
The floor of the deck shall not be higher than the highest floor elevation level of the principal dwelling structure.
(e)
Any patio within a required side or rear yard setback shall be screened from adjacent residential properties.
(7)
The total area of garages or sheds detached from the primary residential structures shall not exceed 50% of the ground floor area of a residence building or 576 square feet, whichever is less.
E.
Corner lots.
(1)
Obstruction to vision at street intersections. At all street intersections in all residence districts, no obstruction to vision shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others, side yards.
F.
Exceptions to lot depth requirements. The required lot depth at any point may be decreased by 25% if the average lot depth conforms to the minimum requirement.
G.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, windowsills and other ornamental features may project not more than six inches into a required yard. Fences and walls are as set forth in § 119-16C. Paved areas, other than such as are needed for access to the buildings on the lot, shall not project within 15 feet of a street line or four feet of a lot line.
(2)
A stoop or steps not more than eight feet wide and extending not more than six feet out from the front wall of the building shall be exempt from front yard requirements when the building otherwise complies with all other yard regulations of this chapter.
(3)
Existing setback. No proposed one- or two-family dwelling or addition thereto need have a setback greater than the average setback of the two existing dwellings with the greatest setbacks within 200 feet on each side of the said proposed dwelling, on the same side of the street, within the same block and the same district.
(4)
Waiver of yards. In any business district, no side or rear yard shall be required where such yard abuts an operating railroad right-of-way.
H.
Existing small lots in all residence districts. A lot owned individually and separately and separated in ownership from any adjoining tracts of land on or before May 13, 1975, which has a total width less than that prescribed in Table 2, Dimensional Standards,[2] may be used for a one-family residence, provided that such lot shall be developed in conformity with all applicable district regulations, other than the minimum lot width requirements, and with the minimum side yard set forth below:
Use | Width of Lot Greater Than (feet) | Width of Lot Less than (feet) | Minimum Side Yard (feet) | Total Both Side Yards |
|---|---|---|---|---|
Single-family residence | 80 | 100 | 12 | 30 feet |
Single-family residence | 60 | 80 | 10 | 27 feet |
Single-family residence | — | 60 | 7.5 | 4 inches for each foot of lot width |
[2]
Editor's Note: Table 2 is included as an attachment to this chapter.
§ 119-9 Regulations applicable to permitted uses in nonresidential districts.
A.
Lumber and building material sales and storage shall be permitted in the GC Zone, provided that all such storage and outdoor sales are carried on in a fully fenced area located no less than 50 feet from any residence district boundary line or residential property line.
B.
Trucking and bus terminals shall be permitted in the IP District, provided that no trucks are parked within 50 feet of any residential property line or residential district line and that no trucks are permitted to idle for longer than five minutes. No doors or loading areas shall be allowed to face a street without appropriate buffering.
C.
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing of products where goods so produced or processed on the premises are permitted in the IP District, provided that:
D.
All uses permitted shall be carried on in buildings fully enclosed on all sides, except parking and loading facilities and those permitted to be carried on in fully fenced areas.
E.
Hotels, motels and accessory restaurants.
(1)
Accessory use floor area. The actual floor area of accessory restaurant, conference, or banquet facilities shall be subtracted from the site area available for motel or hotel use.
(2)
Ownership. The entire property occupied by a hotel, motel and related facilities shall be maintained in common ownership and control throughout the life of the development.
(3)
Site planning standards.
(a)
The site shall have principal frontage on a state or county highway.
(b)
Access conditions shall be adequate for the estimated traffic to and from the site to ensure the public safety and to avoid traffic congestion in the surrounding neighborhood.
(c)
Vehicular entrances and exits shall be clearly visible from the street and shall be at least 150 feet from the center line of any street intersection. At the intersection of such entrances and exits with the main street, sight distances along the main street shall be sufficient to provide a clear line of sight in each direction equal to the distance traveled in 10 seconds at the posted speed limit.
(d)
The site shall be serviced by public water and sewer facilities, which shall be approved by all agencies having jurisdiction.
(e)
Any parking garage area, delivery or service yard or active recreation area shall be screened so as to adequately protect the view of neighboring properties as well as to ensure an attractive environment within the site.
(4)
Supplemental regulations.
(a)
Hotel and motel units shall not contain kitchen facilities of any type or equipment such as or similar to the following: full refrigerator, oven, stovetops, or hot plates in more than 25% in a particular hotel or motel complex. Coffee machines, mini-fridges, and microwaves are permissible within a hotel unit.
(b)
Hotel and motel units shall not be used as apartments for non-transient tenants.
(c)
Hotel and motel units shall not contain more than two rooms, exclusive of bathrooms, and shall not be connected by interior doors in groups of more than two.
(d)
Each hotel or motel room shall have a living area of not less than 300 square feet.
(e)
Each hotel or motel unit shall have at least one bath or shower facility, one toilet and a sink.
(5)
The following accessory uses may be permitted:
(a)
One apartment for the manager or caretaker and his or her family.
(b)
One coffee shop or restaurant for hotels and motels with not more than 100 rooms. In addition to a coffee shop and restaurant, hotels or motels with more than 100 rooms are permitted a restaurant with bar facilities which may be located either in the principal building or in an accessory building.
(c)
Amusement or sports facilities for the use of the hotel or motel guests, including swimming pools, children's playgrounds, tennis and other game courts and game or recreation rooms.
(d)
Lobby area and office, both of which must be provided for any hotel or motel.
(e)
Meeting or conference rooms and banquet facilities.
(6)
All hotels and motels must be equipped with an approved automatic water sprinkler system and central smoke, carbon monoxide and fire alarm warning systems.
F.
Accessory buildings and uses.
(1)
An accessory building may be located in any required side or rear yard, provided that:
(a)
Such building shall not exceed 15 feet in height.
(b)
Such buildings shall be set back five feet from any side or rear lot line and shall not be located less than 10 feet from the principal building.
(c)
All such buildings in the aggregate shall not occupy more than 30% of the area of the required rear or side yard.
(d)
All such buildings in the aggregate shall be limited to no more than 50% of the ground floor area of the principal structure.
(2)
An accessory building on that portion of a lot not included in any required yard shall conform to the height regulations for principal buildings.
(3)
No accessory building shall project nearer to the street on which the principal building fronts than such principal building. Should topographic conditions be such that practical difficulties would be caused by this requirement with respect to the location of garages, the Planning Board may authorize the erection of such garages under the following conditions:
(4)
Barns, silos and sheds are allowed as accessory uses in the IP District, provided the structure is maintained in good repair.
§ 119-10 Environmental conservation overlay.
Lands within the Environmental Conservation Overlay (ECO) are characterized by environmental conditions which are particularly sensitive to development, and which warrant supplemental site plan review consideration. It is the intent of the Village of Florida to provide a more flexible zoning framework by clustering residential development away from the environmentally sensitive resources.
A.
One-family detached.
(1)
Bulk and dimensional requirements for a one-family detached dwelling unit shall follow those set forth in Table 2, Dimensional Standards.[1]
[1]
Editor's Note: Table 2 is included as an attachment to this chapter.
(2)
Any construction of a one-family detached dwelling not associated with a subdivision, located within the ECO district must meet the requirements of § 119-15A(5).
B.
One-family attached or two-family dwelling units.
C.
Senior multifamily dwellings.
(1)
Senior multifamily dwellings shall be allowed by a special use permit approval by the Village Board per § 119-42, Special use permits, in the ECO for the purpose of housing individuals 55 years of age and older. Senior multifamily dwellings shall comply with applicable New York and federal law, as the same may be amended, so that it may qualify as housing for persons 55 years of age and older, as currently provided in 42 U.S.C. § 3607(b)(2)(C).
(3)
The senior multifamily dwellings shall comply with applicable New York and federal law, as the same may be amended to qualify as housing for persons 55 years of age and older, as currently provided in 42 U.S.C. § 3607(b)(2)(C). In no event shall any person under the age of 21 permanently occupy a unit in the multifamily dwelling. However, such age restrictions shall not apply to any caretaker/administrator's unit. A deed restriction that enforces the foregoing requirement shall be provided in a form acceptable to the Village Attorney and shall be included in every deed conveying title to each unit in a senior multifamily dwelling.
(4)
Bulk, dimensional, and density requirements shall follow those set forth in Table 2, Dimensional Standards[3] and § 119-15(A)(4)(D)(2).
[3]
Editor's Note: Table 2 is included as an attachment to this chapter.
(6)
All proposed senior multifamily subdivisions must adhere to the requirements listed above in § 119-10C(5) and Chapter 103, Subdivision of Land.
D.
All other uses. All non-residential uses of the underlying zoning district as set forth Table 1, District Use Regulations,[4] shall comply with the requirements set forth in this chapter and the following conditions:
(1)
No building or disturbance of land shall be permitted on that portion of a lot containing sensitive environmental resources as identified in § 119-15(A)(7)(b) and associated buffers or regulatory setbacks.
[4]
Editor's Note: Table 1 is included as an attachment to this chapter.
§ 119-11 Prohibited uses in all districts.
Any use not allowed by this zoning chapter as a permitted use, special use, or accessory use, shall be deemed to be prohibited. Any list of prohibited uses contained in any section of this zoning chapter shall not be deemed to be an exhaustive list but has been included for the purposes of clarity and emphasis and to illustrate, by example, some of the uses that are deemed undesirable and incompatible and are thus prohibited. Where an unlisted use is proposed to be placed in the Village, the applicant may seek a determination from the Zoning Board of Appeals as to whether the proposed use is substantially the same as a permitted, special use or prohibited use. In such cases the Zoning Board of Appeals shall examine the characteristics of the proposed use in relation to uses specifically permitted or prohibited. It shall be the responsibility of the applicant to furnish adequate information to permit the Zoning Board of Appeals to make its determination.