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.
(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).
(3) All proposed one-family detached subdivisions must adhere to the requirements of §
119-15, Cluster Development, Chapter
103, Subdivision of Land, and procedures set forth for site plan approval in Article
XI of this chapter.
B. One-family attached or two-family dwelling units.
(1) One-family attached (townhouse) and two-family dwellings shall be
permitted.
(2) Attached housing (townhomes) units shall be designed pursuant to §
119-8C.
(3) Bulk, dimensional, and density requirements shall follow those set
forth in Table 2, Dimensional Standards and § 119-15A(4)(D)(1).
(4) All proposed one-family or two-family attached or detached units must adhere to the requirements of §
119-15, Cluster Development, and procedures set forth for site plan approval in Article
XI of this chapter.
C. Senior multifamily dwellings.
(1) Senior multifamily dwellings shall be allowed by a special use permit approval by the Village Board per §
119-34, 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).
(2) Senior multifamily senior housing proposed within the ECO shall be designed pursuant to the regulations of §
119-8B, Special regulations applicable to permitted residential uses; and Article
V, Bulk and Dimensional Regulations.
(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 and § 119-15(A)(4)(D)(2).
(5) All proposed senior multifamily dwellings must adhere to the requirements of §
119-15, Cluster Development, and procedures set forth for site plan approval in Article
XI of 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, 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.
(2) All special uses must adhere to the requirements of §
119-34, Special use permits, and procedures set forth for site plan approval in Article
XI of this chapter.
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.