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.
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 § 119-36 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.
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.
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.
