Owego City Zoning Code
ARTICLE XII
Supplementary Regulations
§ 125-35 Applicability.
The provisions of this chapter shall be subject to such exceptions, additions or modifications as herein provided by the following supplementary regulations.
§ 125-36 Height exceptions.
A.
General. Except within 5,000 feet of an aircraft landing strip, nothing herein contained shall be interpreted to limit or restrict the height of silos, church spires, cupolas, bell, clock, fire and observations towers and essential public utility structures.
B.
Height exceptions by special permit.
[Amended 7-3-1973; 3-3-1998 by L.L. No. 4-1998]
(1)
No water or cooling towers, grain elevators, gasholders, elevator bulkheads, chimneys or similar structures in excess of the height permitted in the district may be erected except after issuance of a special use permit by the Zoning Board of Appeals.
C.
Height restrictions around airports. No radio towers for transmitting purposes shall be allowed in any district within 5,000 feet of an aircraft landing strip. Under no circumstances shall towers or other obstructions be built in excess of 40 feet in height within 3,000 feet or in excess of 80 feet in height within 5,000 feet of an aircraft landing strip.
§ 125-37 Roadside stands.
Temporary roadside stands for the sale of agricultural products raised on the property may be erected in Agricultural, General Business and Industrial Districts, provided that:
A.
No stand shall be in place other than between May 1 and December 1 of any year.
B.
No stand shall be nearer the front or side lot lines than 30 feet.
C.
Off-street parking space shall be provided for at least four motor vehicles.
D.
Between December 1 and May 1, the stand shall be moved to a location at least 100 feet from the front lot line and out of sight from the highway if possible.
§ 125-38 Undersized lots.
[Amended 11-19-1985 by L.L. No. 10-1985]
In all districts where single-family dwellings are permitted, after issuance of a special permit by the Board of Appeals, nothing shall prohibit a lot of less area or less frontage than that required for a single-family dwelling in the district in which the lot is located, provided that the lot cannot be enlarged to conform with these requirements, when such lot, at the time of the passage or amendment of this chapter regulating the size of building lots, was held under separate ownership from the adjoining lots.
§ 125-39 Visibility at intersections.
On corner lots, clear vision shall be maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 25 feet distant from the point of intersection, measured along said street lines. In such area, no foliage, shrubbery, fence or other obstruction shall be permitted higher than three feet nor low foliage or branches of trees less than 12 feet from the ground.
§ 125-40 Off-street parking requirements.
A.
For every building hereafter erected, altered, extended or changed in use, there shall be provided off-street parking spaces at least as set forth below. A required parking space shall be at least 10 feet wide by 20 feet long. An access driveway shall be at least 20 feet clear in width, except for one-family and two-family residential uses.
(1)
Residential uses.
(a)
One-family and two-family dwelling units: two parking spaces for every dwelling unit.
(b)
Multiple-family dwelling units: two parking spaces for every one dwelling unit.
[Amended 6-6-1978]
(c)
Professional residence-office: one parking space, plus one additional parking space for every 120 square feet of office space or for each 25 square feet of waiting room, whichever requirement is greater.
(2)
Hotel, motel, tourist home or boardinghouse: one parking space plus one space for every guest room.
(3)
Dormitory, fraternity, sorority, nurses' home or hospital: one parking space plus one space for every two beds.
(4)
Places of public assembly. Every structure used as a theater, amusement facility, auditorium, community center, club, stadium, library, museum, church, lodge hall or other place of public or private assembly which provides facilities for seating people: one parking space for every five seats. Where there are no seats provided in the place of assembly, one parking space shall be provided for every 100 square feet of floor area.
(5)
Business, professional and medical offices: one parking space plus one space for every 120 square feet of office space or for each 25 square feet of waiting room, whichever requirement is greater.
(6)
Commercial, business and unspecified uses: one parking space for every motor vehicle used directly in the business, plus one parking space for every 120 square feet of gross floor area.
(7)
Restaurant, eating and drinking establishments: one parking space for every 100 square feet of gross floor space.
(8)
Industrial, wholesale, warehouse, storage, freight and trucking uses: one parking space for every motor vehicle used directly in the business, plus either one parking space for every 300 square feet of floor area or one parking space for every two employees on the premises at the maximum shift, whichever is the greater number.
(9)
Outdoor recreation: as required by the Town Board.
B.
The term "gross floor area," as used herein, shall mean the area of space contained within the room or rooms in the main structure.
§ 125-41 Off-street loading requirements.
A.
General. For every building hereafter erected, altered, extended or changed in use for the purpose of business, trade or industry, there shall be provided off-street space for loading and unloading of vehicles as set forth below. A required loading space shall be at least 12 feet wide by 65 feet long.
B.
Special parking and loading space requirements.
(1)
The Planning Board may require additional off-street parking and loading spaces for any use if they find that for any particular use the above required minimum spaces are not sufficient for the safety and general welfare of the public.
(2)
All parking spaces and loading spaces shall be on the same lot as the building, except that, with the issuance of a special permit by the Board of Appeals, parking spaces may be provided by the applicant on other property, provided that such land lies within 400 feet of an entrance to the principal building. Such parking space shall not thereafter be reduced or encroached upon in any manner without first obtaining a special permit from the Board of Appeals.
(3)
Parking space and loading space shall be required open space associated with the permitted use and shall not be reduced or encroached upon in any manner.
(4)
Parking spaces for any number of separate uses may be combined in one parking lot, but the required space assigned to one use may not be assigned to another at the same time, except upon approval of the Planning Board for churches, theaters or assembly halls.
(5)
Where any nonresidential district or use abuts a residential district or use, the parking space and loading space shall be no closer than 15 feet to the property line abutting the residential district.
(6)
No required front yard or part thereof in any residential district shall be used to provide required parking space or loading space.
§ 125-42 Signs.
No sign of any type shall be erected or maintained in any district except as hereinafter provided.
A.
Temporary signs.
[Amended 10-1-1974]
B.
Advertising signs. No advertising signs shall be permitted. All advertising signs existing at the date of amendment of this chapter shall be removed before December 31, 1975.
C.
Signs in Agricultural Districts and residential districts.
(1)
In Agricultural Districts and residential districts the following regulations shall apply:
(2)
The following signs are permitted when located on the immediate property:
(a)
One sign not to exceed three square feet in area in conjunction with a home occupation.
(b)
One sign not to exceed six square feet in area to announce "for sale" or "for rent" real property.
(c)
One sign not to exceed six square feet in area for each bed-and-breakfast dwelling.
[Amended 8-1-2017 by L.L. No. 2-2017]
(d)
One sign not to exceed 16 square feet in area for each religious, institutional or recreational use.
(e)
One temporary real estate development sign not to exceed 36 square feet in area directing attention to the opening of a new subdivision. Any permit issued, as hereinafter provided, shall be for a period of 12 months.
(f)
Directional or informational signs shall not exceed two square feet in area and shall not be illuminated.
(g)
Two permanent signs at the main entrance to a subdivision, the sign area of each sign not to exceed 16 square feet.
D.
Signs in General Business, Highway Interchange (HIC) and Industrial Districts. In General Business, Highway Interchange (HIC) and Industrial Districts, the following signs are permitted:
[Amended 8-1-2017 by L.L. No. 2-2017]
(1)
Business signs. A business sign and/or signs having an area of one square foot per linear foot of street frontage may be erected in areas other than shopping centers, but in no event shall the aggregate area of such sign and/or signs exceed 175 square feet. Not more than either one ground sign or one roof sign may be erected, which sign shall have an area not to exceed 100 square feet, which area shall be included in computing the maximum area of 175 square feet. In the event that the street frontage of a lot exceeds 250 linear feet, one ground sign having an area of 100 square feet may be erected in addition to the above-stated maximum area of 175 square feet. Only one ground sign shall be permitted in any event.
(2)
Business signs in shopping centers. Each business conducted within any building in a shopping center may erect a wall sign. The total area of such sign and/or all such signs on such building shall not exceed any aggregate of one square foot for each linear foot of building frontage, but in no event shall the sign area of any business exceed an aggregate total of 175 square feet. In the event that the street frontage of a shopping center exceeds 250 linear feet, a ground sign, having an area of 100 square feet, may be erected, which area shall not be included in computing the permissible sign area. Accessory buildings shall not be included in computing the total sign area permissible.
(3)
Informational signs. Informational signs shall not exceed four square feet in area and shall not be illuminated.
(4)
Directional signs. Directional signs shall not exceed four square feet in area. Signs designating an entrance or exit may not be over three feet high and may be illuminated and may be located adjacent to the street right-of-way line.
(5)
Ground signs.
(a)
All ground signs shall maintain the following setback lines: No business sign shall be located within 10 feet of any street right-of-way line, and such sign shall be 10 feet from any other lot line.
(b)
No ground sign shall be erected to exceed a height of 20 feet above the general level of the ground in the immediate area upon which its support rests.
(6)
Roof signs.
(a)
No roof sign shall be erected closer than two feet to any outside building wall.
(b)
Each roof sign shall be secured to the building by iron or other metal anchors, bolts, supports, rods or braces.
(c)
Each roof sign, including the upright supports and braces, shall be constructed entirely of nonflammable materials.
(d)
Each roof sign shall maintain an open space of three feet between the base of the sign and the roof level.
(e)
No roof sign shall exceed the building height limitation set forth for the district in which it is located.
(7)
Projecting signs.
(a)
Each projecting sign shall be two-faced. The area of advertising space shall not exceed a total of 50 square feet for each face. The projecting sign shall not project more than eight feet from the building wall.
(b)
Each projecting sign shall be not less than 10 feet above the surface of any public sidewalk over which it is erected.
(c)
Projecting signs exceeding 10 square feet in area or 50 pounds in weight shall not be attached to or supported by frame buildings or the wooden framework of a building. Said signs shall be attached to masonry walls with galvanized expansion bolts at least 3/8 inch in diameter, shall be safely and securely fixed in the wall by means of bolts extending through the wall and shall contain proper size metal washers or plates on the inside of the wall.
(d)
The distance measured between the principal faces of any projecting sign shall not exceed 18 inches.
(8)
Wall signs.
(a)
Wall signs attached to walls and exceeding 25 square feet in area shall be safely and securely fastened to the building wall by means of metal anchors, bolts or expansion screws of not less than 3/8 inch in diameter embedded in said wall at least five inches, or in lieu of such, a wall sign may rest in or be bolted to strong heavy metal brackets or saddles set not over six feet apart, each of which shall be securely fixed to the wall as herein provided.
(b)
No wall sign attached to any wall shall cover wholly or partially any wall openings nor project beyond the ends or top of the wall to which it is attached.
(9)
V-type signs. On double-faced and/or V-type signs, the angle at the vertex of the sign shall not exceed 5°.
(10)
Freestanding letters, numerals or symbols. Signs consisting of freestanding letters, numerals, symbols or other representations shall be considered wall or roof signs, whichever is applicable. The sign area shall include the area of the freestanding letters, numerals, symbols or other representations and any intervening spaces.
E.
General sign regulations. The following regulations shall apply to all signs:
[Amended 8-1-2017 by L.L. No. 2-2017[2]]
(1)
Illumination and mechanization. The illumination of any sign, including electronic message signs, shall be nonflashing, indirect or diffused and shall be arranged so that direct rays of light do not shine or reflect into adjacent properties or the line of vision of a motorist.
(2)
Obstruction. No sign shall be erected or maintained which would prevent free access to any door, window or fire escape. No sign shall be attached to a fire escape.
(3)
Traffic hazard. No sign shall be erected at the intersection of any street or road in such a manner as to obstruct free and clear vision or at any location where by reason of the position, shape or color it may interfere with, obstruct the view of or be confused with any authorized traffic sign, signal or device by making use of the words "stop," "look," "danger" or any other word, phrase, symbol or character or red, green or amber illumination or reflection, in such manner as to interfere with, mislead or confuse traffic.
(4)
Wind pressure and load requirements. All signs and other advertising structures shall be designed and constructed to withstand a wind pressure of not less than 30 pounds per square foot.
(5)
Computation of permissible sign area.
(a)
When determining the total permissible sign area for any lot, the area of any existing sign and/or signs shall be included in the computation. The total area of existing and/or new signs shall not exceed that requirement as set forth in this chapter.
(b)
When determining the total permissible display area of double-faced or V-type signs, only the dimensions of one face or surface shall be used in computing the area. The dimensions of the larger surface shall be used for said purpose.
(c)
For signs having more than two sides, the total permissible sign area shall not exceed the permissible sign area for a two-sided sign.
[Added 2-23-1982]
(6)
Issuance of a sign permit. No sign in any district shall be erected or altered in physical structure until a sign permit has been issued by the enforcement officer. All applicants for sign permits shall submit the following:
(a)
The name, address and telephone number of the applicant.
(b)
The location of the building, structure or lot to which or upon which the sign is to be attached or erected.
(c)
The type, size and location of the sign.
(d)
One set of drawings of the plans and specifications and the method of construction and attachment to the building or in the ground.
(e)
A copy of stress sheets and calculations showing that the structure is designed for dead load and wind pressure in any direction in the amount required by this chapter and/or any ordinance of the Town for signs 150 square feet or more.
(f)
The name of the person, firm, corporation or association erecting the structure.
(g)
Any electrical permit required and issued for said sign.
(h)
Such other information as the enforcement officer shall require to show full compliance with this chapter or any other ordinance of the Town.
(7)
Permits and fees. A permit shall be required for every sign. The fee for a permit to erect any sign in excess of 16 square feet in area shall be set by the Town Board.
(8)
The construction and structural components of all signs and their support structure shall be in accordance with the standards and regulations of the New York State Uniform Fire Prevention and Building Code.
[2]
Editor’s Note: This ordinance also provided for the repeal of former Subsection E, Signs in HIC Districts, and redesignation of former Subsection F as Subsection E.
F.
Gateway signs.
[Added 8-1-2017 by L.L. No. 2-2017]
(1)
Gateway signs shall be installed in locations along major thoroughfares in the Town of Owego as approved by the Planning and Zoning Administrator. Not more than two gateway signs shall be permitted within the boundaries of the Town.
(2)
Gateway signs shall adhere to all prescribed rules as noted on the gateway sign permit application, which may be amended from time to time as conditions warrant, and which shall be considered part of this chapter for enforcement purposes.
(3)
The maximum height of any gateway sign structure shall not exceed 12 feet above adjacent grade.
(4)
Any electronically activated changeable sign incorporated into the design of a gateway sign shall not have a display area greater than eight feet by 12 feet.
(5)
The architectural design of the sign shall include the message, "Welcome to the Town of Owego" or similar greeting as approved by the Planning and Zoning Administrator.
(6)
Gateway signs may contain messages which include announcements for events, products, professions, businesses, etc., that are not located on the property on which the sign is located.
(7)
Gateway signs shall be removed if no longer necessary or no longer operating properly or no longer in compliance with the rules and regulations of this chapter or as directed by the Planning and Zoning Administrator.
§ 125-43 Storage of materials; junkyards; waste disposal.
A.
Storage of materials.
(1)
After the issuance of a special permit by the Board of Appeals, the bulk storage of fuel oil, butane, propane and gasoline is permitted in Industrial IN Districts.
(2)
Such permits shall be issued subject to the following regulations:
(a)
The storage of any highly flammable liquid in tanks above ground with unit capacity greater than 550 gallons shall be prohibited, unless such tanks up to and including 10,000 gallons' capacity are placed not less than 80 feet from all property lines and unless all such tanks of more than 10,000 gallons' capacity are placed not less than 200 feet from all property lines.
(b)
All tanks having a capacity greater than 550 gallons shall be properly retained with dikes having a capacity not less than 1 1/2 times the capacity of the tank or tanks surrounded.
(c)
In any residential district, construction equipment and materials, vans and trucks of more than one ton's carrying capacity, unlicensed motor vehicles and cars used for drag or stock-car racing must be stored in an enclosed garage and shall not be parked or stored in the front, side or rear yards, except in accordance with the provisions of the Town of Owego Junk Vehicle Ordinance.[1]
[Amended 2-23-1982]
B.
Junkyards.
(1)
After the issuance of a special permit by the Board of Appeals, the operation of a junkyard in the Agriculture AG District is permitted.
(2)
Such permits shall be issued subject to the following regulations:
(a)
The land to be used for the operation of a junkyard shall be clearly and accurately described.
(b)
The land to be used for the operation of a junkyard shall be enclosed by a tight and solid fence or hedge six feet in height with openings only for ingress and egress.
(c)
The said fence or hedge shall be set back at least 75 feet from any highway, and there shall be no storage or other operation of a junkyard between the highway and the fence or hedge.
(d)
The topographic location of such junkyard shall be such that the fence or hedge shall effectively screen the storage and operation of the junkyard from view from adjacent highways or residences.
(e)
Materials shall not be stored higher than the fence or hedge.
(f)
There shall be no burning of materials of any kind or character on the site of said junkyard.
(g)
Combustible materials shall be segregated and shall be stored with care and caution so as to prevent explosion or fire.
(h)
The operation of such junkyard shall in no way pollute any water in the Town of Owego.
(i)
The premises shall be maintained free from rodents, and effective rodent control measures shall be maintained at all times.
(j)
Upon cessation of operation of the junkyard, the fence shall be removed, and the site shall be cleared of all materials and restored as nearly as may be to its natural state.
(k)
Such permit shall be issued only after the applicant has filed with the Town Board a performance bond in an amount to be fixed by the Town Board, guaranteeing the compliance with the conditions of the special permit.
C.
Cessation of junkyards. Any junkyard in existence in any district on the effective date of this chapter shall at the expiration of three years from such date become a prohibited and unlawful use and shall be discontinued and the site cleared by or at the direction of the owner of the land on which said junkyard is located, unless on application by a proper person such applicant shall have procured a special permit for the operation of a junkyard from the Board of Appeals as above provided.
D.
Waste disposal. Dumping of refuse, garbage and waste materials is not permitted in any district except in a sanitary landfill under the control of the Town of Owego. The landfill may be operated by the Town of Owego alone or jointly with one or more other governmental agencies.
§ 125-44 Aviation landing fields.
In districts where aviation landing fields are permitted, upon issuance of a special permit, the following regulations shall also apply:
§ 125-45 Abattoirs and/or animal reduction works.
An abattoir and/or animal reduction works or a similar use is permitted in all districts except residential districts, subject to the issuance of a special permit by the Board of Appeals. The permit may be granted only after the Board of Appeals is satisfied that the following standards have been complied with:
A.
Any person, association, partnership or corporation which engages in the operation of a slaughterhouse or fat, offal or other rendering or reduction works or establishment shall:
(1)
Maintain the premises upon which the business is carried on in a sanitary condition at all times. Floors and inside walls must be hosed and cleaned each day and buildings whitewashed at reasonable intervals. Pits and stalls must be kept clean and free from smell at all times. Containers for offal and entrails must be emptied and properly cleaned daily, and all matter, such as offal or entrails, must be burned or disposed of by burial daily.
(2)
Each establishment must be equipped and provided with a septic tank of sufficient dimensions to adequately serve its requirements approved by the New York State Department of Health, Division of Sanitation. Under no circumstances will raw sewage be allowed to drain into any creek or watercourse.
B.
The premises shall pass periodic inspections conducted by the Town Health Officer. If said premises does not pass inspection, it shall be closed until the requirements of the Health Officer have been complied with.
C.
No abattoir and/or animal reduction works shall be located within 100 feet of any street, avenue or road or within 100 feet of any adjoining or adjacent property.
§ 125-46 Extraction of natural products.
[Amended 5-1-1979; 1-18-1994 by L.L. No. 1-1994]
A.
Intent. The Town of Owego places great value in the quality of the environment and the natural features of the landscape of the community. One of the goals stated in the Town of Owego Master Plan is to control the adverse impacts of soil mining and excavation. To accomplish this goal, the Town will take full advantage, through the use of a special use permit and special review provisions, of the authority granted by the New York State Department of Environmental Conservation (NYSDEC) to regulate and enforce specific mining and reclamation conditions specified for any permits granted to mining operations within the Town. All soil mining and excavation activities not regulated by the NYSDEC will be subject to all provisions of this code.
B.
Applicability. Activities covered by this article include:
(1)
Extraction of natural products, as defined herein, requiring New York State Department of Environmental Conservation Mined Land Reclamation Law permits, but only to the extent allowed by Article 23, Title 27 of Environmental Conservation Law.
(2)
Extraction of natural products, or reclamation thereof, not requiring a permit by the NYSDEC, that removes more than 500 cubic yards of minerals from any parcel.
(3)
Extraction of natural products, or reclamation thereof, not requiring a permit by the NYSDEC, that removes less than 500 cubic yards of minerals from any parcel and if the land is not reclaimed.
C.
Exemptions. The following, to the extent specified herein, are exempt from the permitted zone requirements of this chapter and regulations of this section.
(1)
Excavation in conjunction with utility line excavations, which is to be backfilled to restore original conditions;
(2)
Excavation in conjunction with road construction within the right-of-way of any Town, county, or state highway, or for the sole purpose of building roads and slopes incidental thereto which lie within the area of an approved subdivision;
(3)
Excavation which by its nature lasts for a matter of hours or days (temporary holes) and does not involve removal of material from the property;
(4)
Agricultural drainage work incidental to agricultural operations, including farm ponds, if no material is removed from the property;
(5)
Excavations for structures, parking areas and rights-of-way;
(6)
Regrading of property for aesthetic purposes that does not affect existing drainage, if no material is removed from the property;
(7)
Dredging operations under United States Army Corps of Engineers jurisdiction, and other governmental entities;
(8)
Excavation in conjunction with drainage maintenance or improvements under county or state jurisdiction.
(9)
The improvement of a single lot or parcel of land in connection with the construction of a dwelling, multifamily dwelling, building or any other structure or structures for which a building permit has been issued;
(10)
The excavation of not more than 500 cubic yards of material from any parcel, provided that such excavations with slopes less than 2:1 are reclaimed and seeded within one year and such excavations with slopes steeper than 2:1 be immediately reclaimed in a manner to prevent erosion or a safety hazard; and
(11)
Any activities where the proposed excavation and its reclamation are part of the overall approved activity which also require site plan, subdivision or special permit approval by the Town Board, Town Planning Board or the Town Zoning Board of Appeals.
D.
Provisions for Planning Board review of a permit application submitted to the Town of Owego by the New York State Department of Environmental Conservation (NYSDEC) under the requirements of the Mined Land Reclamation Law (MLRL).
(1)
The Town Supervisor, upon receipt of a complete application for a mining permit from the NYSDEC, shall forward it immediately to the Town Planning Board for review and determination of compliance with Town laws and regulations.
(2)
The Planning Board should review the application for compliance with all the special permit provisions of the Town zoning code addressing extraction of natural resources.
(3)
The Planning Board must submit comments and recommendations to the NYSDEC within 30 days of receipt of the application by the Town.
(4)
The Planning Board should review the mining application received from the NYSDEC for the following provisions:
(a)
Appropriate setbacks from property boundaries or public thoroughfare rights-of-way;
(b)
Man-made or natural barriers designed to restrict access, if needed, and, if affirmative, the type, length, height and location thereof;
(c)
The control of dust;
(d)
Hours of operation; and
(e)
A determination of whether mining is prohibited at the proposed location.
(5)
The review of the mining application and the establishing of appropriate provisions should be undertaken utilizing the following considerations: existing zoning, existing and proposed land use on adjacent property, proximity to existing residentially zoned land, visibility of the proposed excavation, the proposed landscaping plan, the length of the proposed operation of the excavation and any other information deemed appropriate by the Town Board or the Town Planning Board.
(6)
The Planning Board should consider the following guidelines when reviewing the appropriateness of setbacks, hours of operation, control of site ingress and egress, dust and noise:
(a)
The Board should refer to Article XII, § 125-54, Performance standards, of this chapter for general review guidelines concerning noise, dust, odor, smoke or other potential noxious impacts. Additionally, all vehicles used in the Town for transportation of mineral products should be equipped with dust-control covers that are required to be in use when mineral products which have the potential to be ejected from or blown out of the vehicle are being transported.
(b)
Guidelines for setbacks are as follows:
[1]
Excavation of minerals or stockpiling of materials should not be located within 150 feet of any public thoroughfare or adjoining property line.
[2]
Parking or storage of machinery, vehicles or equipment should not be located within 150 feet of any public thoroughfare or any adjoining property line.
[3]
Excavation of minerals or stockpiling of materials should not be located within 500 feet of any property line that lies within a use zone where extraction of natural products is prohibited.
[4]
Parking or storage of machinery, vehicles or equipment should not be located within 500 feet of any property line that lies within a use zone where extraction of natural products is prohibited.
[5]
Within any district where extraction of natural products is a permitted use, excavation of minerals or stockpiling of materials should not be located within 500 feet of an existing residence nor within 250 feet of an existing business.
[6]
Within any district where extraction of natural products is a permitted use, parking or storage of machinery should not be located within 200 feet of an existing residence or business.
[7]
Excavation of minerals or stockpiling of materials should not be located within 100 feet of a perennial stream, regulated wetland or other natural feature as determined by the Planning Board.
[8]
The setback area shall not be used for any use in conjunction with the excavation or appurtenant activities except fencing, approved buffers, access roads or signage identifying the use of the property.
[9]
The mining plan should provide for the preservation of existing hills, trees and ground cover within the setback areas.
[10]
Setbacks recommended by the Planning Board may be greater or lesser than the suggested guidelines set forth in the above sections based on Planning Board review of the existing land use in the area of the excavation, existence of natural screening or limitations of the proposed operation.
[11]
The Planning Board should consider the following factors when establishing setback recommendations at an excavation location: existing and proposed contours, presence of natural barriers or buffers with seasonal changes taken into account, distance of the excavation from a public thoroughfare, distance from adjoining properties and distance from existing residences or businesses.
(c)
Guidelines for barriers to access are as follows:
[1]
If fencing is required, the height of the proposed fence should be at least six feet and of such construction as to discourage access. Fencing should be no higher than eight feet. If a barrier larger than eight feet is required, a combination of a constructed berm and fencing should be recommended.
[2]
All access points to the excavation operation should be properly controlled with locking gates.
[3]
Safety fences should be installed where excavation slopes are in excess of two-to-one and there is a vertical rise of greater than four feet.
(d)
Guidelines for determination of hours of operation are as follows:
[1]
The excavation operation should be limited to six work days per week with no operations on Sundays.
[2]
The maximum hours of operation should be 7:00 a.m. to 7:00 p.m.
[3]
The hours of operation for any excavation operation located within 1,000 feet of a residence existing prior to issuance of a permit should be limited to 7:00 a.m. to 6:00 p.m.
[4]
Loaded trucks shall leave the excavation premises only within the hours permitted for the operation of excavation and other appurtenant activities.
E.
Provisions for a special permit to be issued by the Planning Board for extraction of natural resources.
(1)
Applications requiring a New York State Department of Environmental Conservation Mined Land Reclamation Law permit. The Planning Board shall approve the special permit application, provided that the following conditions are met:
(a)
An application for a special use permit shall not be complete unless it is accompanied by a complete copy of the application to the New York State Department of Environmental Conservation for a Mined Land Reclamation Law permit, including all maps, reports and documentation incidental thereto and a copy of any currently or previously approved NYSDEC mining permit which relates to the subject operation. The preliminary site plan and complete reclamation plan shall be reviewed and commented on by the Town Engineer.
(b)
A time schedule for completion of either the entire operation or, if the extraction is to occur in phases, of each phase of the operation.
(c)
A progressive restoration and rehabilitation plan showing existing and proposed contours is submitted for review. The rehabilitation plan shall be based on the New York State Department of Environmental Conservation's mining site rehabilitation criteria and such stricter guidelines and criteria that may be promulgated by the Town Board of the Town of Owego. The plan shall include consideration of appropriate grading, management of stormwater runoff, seeding, planting and revegetation to prevent erosion, unsightliness and other detrimental impact on neighboring properties. The plan shall not include the deposition of either sanitary wastes or construction and demolition debris.
(d)
A performance guaranty is provided to ensure rehabilitation of the site in accordance with the rehabilitation plan submitted, or the applicable portion thereof, with this performance guaranty in an amount and form satisfactory to the Town Board, with recommendation thereon provided by the Town Engineer. This performance guaranty may either be in addition to or extend beyond the duration of any performance guaranty required by the NYSDEC.
(e)
Conditions of ingress and egress to the site from Town, county, or state highways have been reviewed and approved by the appropriate jurisdiction (Town Highway Superintendent, Tioga County Department of Transportation or the New York State Department of Transportation, respectively).
(f)
Routing of commercial vehicles associated with the operation of the mine on any Town roads has been reviewed and commented on by the Town Highway Superintendent. Routing of vehicles through established or proposed residential neighborhoods will be discouraged. Routes and trip limitations will be established based on road weight limits, population along roads, school bus routes and schedules, existing traffic patterns and peak hours and existing road characteristics.
(g)
The right of the Town to enforce or cause the enforcement of the following mining permit requirements established by the NYSDEC through consultation with the Town is acknowledged by the applicant:
[1]
Setbacks from property boundaries or public thoroughfare rights-of-way.
[2]
Man-made or natural barriers designed to restrict access, if needed, and, if affirmative, the type, length, height and location thereof.
[3]
The control of dust.
[4]
Hours of operation.
[5]
Reclamation requirements imposed by NYSDEC.
(h)
To the extent practicable, the termination date of the special use permit shall be coordinated with the terms of any NYSDEC Mined Land Reclamation Law permit.
(2)
Applications not requiring a NYSDEC permit. The Planning Board shall approve the special permit application, provided that the following conditions are met:
(a)
An applicant shall obtain a current Mined Land Reclamation Program Applicant's Guide from the NYSDEC and submit all of the same required information to the Town Planning Board. The Planning Board, at its discretion, may waive any application requirements.
(b)
The Planning Board shall apply the same standards as those applied by NYSDEC when reviewing a Mined Land Reclamation Law application. The Board should also ensure that the applicant meets any applicable provisions, or portions thereof, under § 125-46E and § 125-46E(1).
(c)
Special permits for excavation of natural products shall be issued for a period of one year and may be renewed for additional one-year periods. Site inspections may be made by the Code Enforcement Officer in accordance with the provisions of this Code and by the Town Engineer or Planning Board members as part of the review of the special permit application or renewal procedure. Permits shall be subject to revocation and/or penalties, as provided herein, in the event of violation of the conditions of a permit or the requirements of this section. A permit renewal may not be granted if an outstanding violation exists at the time of application for renewal of such permit.
F.
No provisions of this section shall preclude the simultaneous review by the Town Planning Board of a New York State Department of Environmental Conservation Mined Land Reclamation Law permit and a special use permit application for the same proposed excavation operation.
G.
The issuance of a special use permit for excavation of natural products shall not be construed as an authorization for the importation of materials to the site to be individually processed, mixed or blended with materials being excavated.
H.
It is the intention of this section to obtain and this Code does, therefore, include all power and authority granted by New York State law to the Town to enforce all conditions of an applicant's mining permit, any special use permits hereunder and the conditions of the applicant's mined land reclamation permit.
§ 125-47 Private sewage disposal systems.
A.
Septic tank. Where in the opinion of the enforcement officer a public sanitary sewer main is not reasonably accessible, other proper provisions shall be made for the disposal of sanitary waste. Individual septic tanks may be permitted in the case of lots of not less than 15,000 square feet in area, provided that:
B.
Minimum residential lot sizes in areas without public sewer and/or water systems.
[Amended 6-20-1978; 11-19-1985 by L.L. No. 10-1985; 9-20-1994 by L.L. No. 3-1994]
(1)
The following are minimum single-family residential lot area sizes in all zoning districts without a public sewage disposal and/or water supply system.
Lot Area (square feet) | |||
|---|---|---|---|
Stabilized Rate of Percolation (minutes) | Public Sewer Private Well | Public Water Septic Tank | Private Well Septic Tank |
0-5 | 12,000 | 15,000 | 21,000 |
6-10 | 12,000 | 17,000 | 23,000 |
11-15 | 12,000 | 19,000 | 25,000 |
16-20 | 12,000 | 21,000 | 27,000 |
21-25 | 12,000 | 23,000 | 29,000 |
26-30 | 12,000 | 25,000 | 31,000 |
31-35 | 12,000 | 30,000 | 37,000 |
36-40 | 12,000 | 35,000 | 43,000 |
41-45 | 12,000 | 40,000 | 50,000 |
46-50 | 12,000 | 50,000 | 60,000 |
51-55 | 12,000 | 55,000 | 65,000 |
56-60 | 12,000 | 60,000 | 70,000 |
Over 60 | 12,000 | 65,000 | 75,000 |
(2)
The following are minimum two-family residential lot area sizes in Agricultural and Residential C Districts without a public sewage disposal and/or water supply system:
Lot Area (square feet) | |||
|---|---|---|---|
Stabilized Rate of Percolation (minutes) | Public Sewer Private Well | Public Water Septic Tank | Private Well Septic Tank |
0-5 | 24,000 | 30,000 | 42,000 |
6-10 | 24,000 | 34,000 | 46,000 |
11-15 | 24,000 | 38,000 | 50,000 |
16-20 | 24,000 | 42,000 | 54,000 |
21-25 | 24,000 | 46,000 | 58,000 |
26-30 | 24,000 | 50,000 | 62,000 |
31-35 | 24,000 | 60,000 | 74,000 |
36-40 | 24,000 | 70,000 | 86,000 |
41-45 | 24,000 | 80,000 | 100,000 |
46-50 | 24,000 | 100,000 | 120,000 |
51-55 | 24,000 | 110,000 | 130,000 |
56-60 | 24,000 | 120,000 | 140,000 |
Over 60 | 24,000 | 130,000 | 150,000 |
(3)
Other requirements.
(a)
No well shall be located within 100 feet of any septic tank tile field.
(b)
Where possible, the septic tank shall be located in the front yard.
(c)
Where possible, the well shall be located in the rear yard.
(d)
Where possible, the septic tank tile field shall be located on land at a lower elevation than the wellhead.
C.
Percolation tests. Percolation tests shall be made in accordance with the procedure for making percolation tests as specified in the New York State Health Department Standards for Waste Treatment Works, Bulletin 1, Part III, Individual Household Systems, which follows:
(1)
All tests should be made within the area of the proposed sewage disposal system. At least two soil percolation tests should be made in separate test hole spots in the area proposed for the sewage disposal system.
(2)
The procedure noted below should be followed in performing a soil percolation test.
(a)
A hole shall be dug with vertical sides, having an eight-inch diameter or 12 inches square. If a tile trench field is being considered, the depth of the percolation test hole should be six inches below the trench bottom or approximately 30 inches below the final ground surface. If a seepage pit or cesspool is under consideration, then percolation tests should be run at 1/2 the depth and at the full estimated depth of the seepage pit. In order to facilitate the running of the test, a larger excavation should be made for the upper portion of the hole with the actual test hole in the bottom. It has been found desirable to place small stones in the bottom of the test hole to reduce scouring and silting action.
(b)
The test hole shall be filled with water and the water allowed to completely seep away. This is known as "presoaking" and must be done several hours before the test and again at the time of the test. After the water has seeped away, any loose soil that has fallen shall be removed from the sides of the hole.
(c)
Clean water shall be poured into the hole, with as little splashing as possible, to a depth of six inches.
(d)
The time in minutes required for the water to drop one inch (from the six inch to the five-inch mark) shall be observed and recorded.
(e)
The test shall be repeated (a minimum of three times) until the time for the water to drop one inch for two successive tests gives approximately equal results. The last test will then be taken as the stabilized rate of percolation, and the time recorded for this test will be the design basis for determining the square footage of leaching or absorption area required for a subsurface leaching system.
(3)
The percolation test must be made by and certified by either a professional engineer or the Town of Owego enforcement officer.
§ 125-48 Trailers and mobile homes; mobile home parks.
A.
Trailer parking.
(2)
The owner of a trailer may park the same on his own property, in the rear or side yards, provided that the trailer is parked behind the front face of the principal building and no closer than six feet to any lot line. A trailer so parked shall not be used as living quarters and shall not be hooked up to any utilities.
B.
Mobile homes. It shall be unlawful for any person to park a mobile home, excluding any sectional unit structure, on any public or private property, except in accordance with this chapter as follows:
[Amended 2-5-1991 by L.L. No. 1-1991]
C.
Mobile home park permits.
(1)
No person or persons shall construct or operate a mobile home park without first obtaining a permit from the Town Board. Before such a permit may be issued, there must be a recommendation by the Planning Board. Before issuing a mobile home park permit, the Town Board shall require a performance bond from the operator of the park to assure that the park is maintained in a satisfactory manner.
(2)
The application for a mobile home park permit shall include the name and address of the owner in fee of the tract. If the fee is vested in some person other than the applicant, the applicant shall include a duly sworn statement by said person that the applicant is authorized by him to construct or maintain the mobile home park and to make the application.
(3)
Application for a mobile home park permit shall be made to the Planning Board. The application shall be accompanied with a site plan and drawings prepared by a professional engineer, showing the property lines and area of the park, a contour map showing the proposed grading of the park, a layout of the roads, walkways, mobile home lots, parking areas, waterlines, sanitary sewer facilities, storm sewer drainage facilities and landscaping.
(4)
The Planning Board may accept the proposed plans, accept the proposed plans with recommended changes or reject the plans. The Planning Board shall submit the application and the plans to the Town Board, together with the Planning Board's recommended action regarding the permit.
(5)
Each mobile home park permit shall expire on December 31 of each year and must be reviewed during the month of December preceding the expiration date. The renewal fee shall be set by the Town Board. Renewal shall be subject to certification by the enforcement officer that the mobile home park has been operated during the year in a satisfactory manner. The mobile home park shall be subject to periodic inspections throughout the year by the enforcement officer. Any unsatisfactory conditions found by the enforcement officer shall be reported to the resident manager of the mobile home park and to the Town Board. Any unsatisfactory conditions that are not remedied immediately may be grounds for the Town of Owego ordering the work done and recovering the cost from the bonding company or revoking the mobile home park permit, or both. (NOTE: Unsatisfactory conditions shall include but not be limited to infractions of the mobile home park standards, not mowing the grass in landscaped and grassed areas and not keeping the junk, trash, garbage, papers and other debris picked up and disposed of in the park.)
(6)
Mobile home park permits are not transferable. In the case that a mobile home park changes ownership or management, the new owner or manager must apply to the Town Board for a mobile home park permit.
D.
Mobile home park standards. The following regulations shall apply in respect to all mobile homes and mobile home parks:
(1)
A mobile home park shall have an area of not less than five acres.
(2)
Mobile home parks shall provide for individual mobile home lots, access roadways, parking and recreation.
(3)
Each mobile home lot shall be at least 7,500 square feet in area and at least 60 feet wide by at least 120 feet in depth and shall front onto an access roadway. No mobile home park lot shall have a driveway to an existing state, county or Town highway.
(4)
One parking space for each mobile home lot shall be provided, at least nine feet wide by 22 feet long.
(5)
Access roadways.
(a)
All access roadways within a mobile home park must be at least 50 feet in width and have a gravel surface at least 20 feet in width and 12 inches in depth, of compacted gravel.
(b)
Gravel base shall comply with § 103-92B of the Town of Owego Subdivision of Land Chapter. The Town of Owego Highway Department will apply the surface course of pavement at the mobile home park developer's expense.
(c)
All access roadways shall be named with street names and shall be subject to the approval of the Planning Board. Names shall be sufficiently different in sound and spelling from other street names so as not to cause confusion.
(d)
The mobile home park developer must be prepared to offer deeds for all access roadways to the Town of Owego for highway purposes.
(9)
No mobile home lot, office or service building shall be closer to a public street right-of-way line than 80 feet nor closer to a property line than 30 feet.
(11)
No mobile home or addition thereto shall be closer than 10 feet to a lot line.
(12)
No additions shall be made to a mobile home except a canopy and/or porch open on three sides or an addition made by the mobile home manufacturer.
E.
Mobile homes in agricultural districts. The holder of a special permit for the placement of mobile homes in an Agricultural AG District for a period not to exceed one year, issued by the Board of Appeals pursuant to former § 125-48E(1) prior to the effective date of its repeal may, within two months prior to its expiration, apply to the Board of Appeals for renewal thereof; the special permit may be renewed for periods of one year without a public hearing upon a showing by the applicant that the conditions under which the special permit originally was granted continue to exist. The application for renewal shall be sworn to before a notary public.
[Amended 2-5-1991 by L.L. No. 1-1991]
§ 125-49 Recreation areas.
A.
A recreation area may be developed in residential districts and agricultural or business districts for either indefinite or limited periods of time, subject to the issuance of a special permit by the Town Board.
B.
The following standards and regulations shall be applied by the Town Board in determining the granting of applications for permits for recreation areas:
(1)
The application shall state the location of the recreation area, the owner of the land involved and the name and address of the developer of the recreation area. If the owner and developer are two separate persons, the written consent of the owner for the proposed development of the recreation area must accompany the application.
(2)
A map prepared to scale shall be submitted with the application to the Town Board, which map will show the area to be used, existing buildings and improvements and the location and extent of all proposed activities and facilities.
(3)
The application shall indicate the maximum number of people to be accommodated by the recreation area at any time.
(4)
Permits for activities, such as but not limited to carnivals, circuses, field days and festivals, will not be granted for locations where, in the opinion of the Town Board, such activity would be detrimental to the neighborhood, considering among other things the type of activity and the hours of operation.
(5)
The facilities and services to be provided by the operator of the recreation area shall be fully delineated and shall include provision for toilet facilities, water supply, parking, traffic control and food service when required.
(6)
Facilities and services permitted must be directly pertinent to the stated recreational use for which the special permit is granted. Deviation is cause for revocation of the permit.
(7)
Toilet facilities, for both sexes, shall be furnished in accordance with the New York State Department of Health regulations and the Town of Owego Sewer Ordinance.[1] No permit will be granted until these facilities have been approved, in writing, by the New York State Department of Health and the Town of Owego Health Officer.
(8)
An adequate water supply, meeting the standards of the New York State Department of Health for a public water supply, shall be furnished, together with adequate drinking fountains, washing facilities, etc. No permit will be granted until these facilities have been approved, in writing, by the New York State Department of Health and the Town of Owego Health Officer.
(9)
Provision must be made for proper off-street parking facilities as required by this chapter. Parking facilities must be provided for the maximum number of people expected. Parking requirements will be the same as for places of public assembly as shown in this chapter.
(10)
Access to the area and drives and roads within the area shall be such that no traffic hazards shall be created. The developer or operator of the recreation area shall furnish, at his expense, adequate traffic control and parking personnel. The adequacy of the traffic control and the competence of the personnel shall be approved, in writing, by the Tioga County Sheriff before a permit is granted.
(11)
The principal building or clubhouse shall not be within 200 feet of any lot line if the area is in a residential district or Agricultural District. Other buildings in the area shall not be within 100 feet of any lot line.
(12)
Before issuing a permit for a recreation area, the Town Board may require that the developer or operator of the recreation area furnish a performance bond in an amount determined by the Town Board. The bond shall cover but not be limited to all of the conditions and stipulations covered in the permit and shall also cover any damage to roads, road signs, culverts or bridges damaged by crowds attending functions at the recreation area.
(13)
Temporary permits may be issued for periods of time from one day to one year. Such permits may be renewed only on reapplication. A permit issued for an indefinite period shall provide for termination upon abandonment of the activity for one year or for such other reason as may be applicable.
(14)
All permits are nontransferable.
§ 125-50 Gasoline and service stations.
In all districts where permitted and after obtaining a special permit from the Board of Appeals, gasoline or motor vehicle service and/or repair stations shall comply with the following:
A.
Location.
[Amended 7-3-1973; 12-17-1985 by L.L. No. 11-1985]
(1)
A gasoline station lot shall not be located within 300 feet of any lot occupied by a school, hospital, library or religious institution.
(2)
A gasoline station lot and/or fuel storage tanks shall not be located within 2,500 feet of any municipal water wells or other municipal water supply source.
(3)
There shall be not more than two gasoline station lots within a radius of 1,500 feet.
(4)
Measurements shall be made between the nearest respective lot lines.
B.
Lot size shall be at least 20,000 square feet.
C.
Lot frontage shall be at least 150 feet.
D.
Lot depth shall be at least 125 feet.
E.
Pumps, lubricating and other service devices shall be located at least 35 feet from the front lot line and side and rear lot lines.
F.
All fuel and oil shall be stored at least 35 feet from any property line.
G.
All automobile parts and dismantled, inoperable or unlicensed vehicles are to be stored within a building, and no repair work is to be performed outside a building, except in accordance with the provisions of the Town of Owego Junk Vehicle Ordinance.[1]
[Amended 2-23-1982]
H.
There shall be no more than two access driveways from a street. The maximum width of each access driveway shall be 30 feet.
I.
A suitably curbed landscaped area shall be maintained at least five feet in depth along all street frontage not used as driveway.
J.
Any illumination shall be directed so as not to reflect on adjoining properties or roadways.
K.
Discontinuance or abandonment.
[Added 7-3-1973]
(1)
In the event that a gasoline or service station is not used for a period of three months, wherein there is no continuous business operation for at least four continuous weeks in said three-month period, as measured from the first day of nonuse, then the owner and/or lessee of such highway gasoline or service station will immediately remove the tanks and gasoline pumps from the site of same. In lieu of removing the tanks, said owner and/or lessee shall remove the gasoline therefrom and fill all tanks with water or solid materials.
(2)
In the event that the operation of any gasoline or service station is discontinued for a period of one year, wherein there is no continuous operation for a period of at least two continuous months of said one year, then the same shall be considered as abandoned, and all buildings shall be removed and the property leveled, graded, landscaped and seeded. This Subsection K(2) shall not be applicable where the gasoline or service station has been converted to a use pursuant to this chapter.
(3)
To assure the performance of the foregoing provisions of this subsection, every applicant hereafter applying to the Board of Appeals for a permit for a gasoline or service station shall be required, before constructing, building or operating such gasoline or service station, to present the bond of a reputable insurance company, in an amount to be fixed by the Town Board, assuring the performance of the foregoing provisions of this subsection.
§ 125-51 Public utility substations.
Public utility substations and other utility structures of a similar nature may be permitted in any district in the Town, provided that a permit has been obtained from the Board of Appeals. The permit shall be granted only after the Board of Appeals is satisfied that there will be substantial compliance with the following standards:
A.
The facility shall be surrounded by a fence set back from the property lines in conformance with the district regulations for front, side and rear yards.
B.
Suitable landscaping shall be provided in conformity to the area.
C.
The landscaping at the corners of street intersections shall be arranged so as not to obstruct clear vision.
D.
In residential areas, sound from the transformers shall be kept to a tolerable level in accordance with accepted standards as determined by local health authorities in conformity with the standards of the New York State Department of Health and/or the Public Service Commission.
§ 125-52 Landscaping and grading.
A.
Landscaping.
(1)
Minimum requirements.
(a)
Where any land use in nonresidential districts abuts land in any residential district, a strip of land at least 25 feet in width shall be maintained by the owner as a landscape and utility area in the front yard, side yards and rear yard which adjoin these other districts.
(b)
Where any nonresidential land use in a residential district, abuts any land use in a residential district, a strip of land at least 15 feet in width shall be maintained as a landscape and utility area in the front yard, side yards and rear yard which adjoin these uses.
(c)
In an Industrial District, each industrial lot or use shall have a strip of land at least 15 feet in width in the front yard and at least five feet in width in the rear and side yards which shall be maintained as a landscape and utility area.
(2)
The landscaping required under this section to be installed and maintained in front, side and rear yards shall take the form of shade trees, deciduous shrubs, evergreens, well-kept grassed areas and ground cover.
(3)
One shade tree at least 10 feet in height and at least two inches in diameter measured at a point six inches above finished grade level shall be planted, no nearer than five feet to any lot line, for each 300 square feet of required landscaped area, and one deciduous shrub or evergreen shall be planted for each 200 square feet of required landscaped area.
(4)
All such landscaping shall be maintained in a healthy growing condition, with ground cover or grassed areas.
B.
Screened service area requirements. In any district, all areas designated, used or intended to be used as service areas for any building or land use, other than one-family and two-family dwelling units, shall be screened from view with either a wall, a solid fence or a fence and evergreens, to a height of at least five feet above grade level, on all sides where the adjacent land is in a residential district or residential use.
C.
Grading. No grading, cut or fill shall be carried out in any district, which leaves the slope of the finished grade in excess of one vertical to two horizontal, except that in unusual topographical circumstances which would otherwise prevent reasonable use of the land and which are fully described in the findings, the Planning Board may issue a permit for grading a specific slope to a steeper grade. All slopes in excess of one vertical to two horizontal, in excess of a four-foot vertical rise, and all retaining walls over four feet in height must be protected by a four-foot-high fence set parallel to and not over four inches above the graded surface of the excavation or wall. All retaining walls over four feet in height shall be designed by a professional engineer and the design approved by the enforcement officer. Use as open space shall be given preferred consideration where steeper slopes generally prevail[1]
§ 125-53 Site plans.
A.
Site plan review and approval.
(1)
All permitted uses in §§ 125-18, 125-20 and 125-23 in the zoning district regulations shall have prior site plan review and approval before a building permit is issued for the alteration or construction of any building. The site plan and related drawings shall be submitted by the owner to the Planning Board and shall be reviewed in accordance with the following procedures and standards.
[Amended 7-3-1973; 10-17-1978; 2-23-1982]
(2)
All uses in all zoning districts that require special permits shall require site plan approval. The site plan and related drawings shall be submitted by the owner with the permit application and shall be reviewed in accordance with the following procedures and standards.
B.
Submission of site plan and supporting data. The owner shall submit a site plan and supporting data which has been prepared by an architect, landscape architect, engineer or land surveyor and shall include the following information presented in drawn form and accompanied by a written text:
(1)
A survey of the property, showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easements, rights-of-way and land use.
(2)
A site plan showing proposed building locations and land use areas.
(3)
Traffic circulation, parking and loading spaces and pedestrian walks.
(4)
Landscaping plans, including site grading and landscape design.
(5)
Preliminary architectural drawings for buildings delineated to be constructed, including floor plans, exterior elevations and sections.
(6)
Preliminary engineering plans, including street improvements, a drainage system and public utility extensions.
(7)
Engineering feasibility studies of any anticipated problems which might arise due to the proposed development as required by the Planning Board.
[Amended 7-3-1973; 10-17-1978]
(8)
A construction sequence and time schedule for completion of each phase for buildings, parking spaces and landscaped areas.
(9)
A description of the proposed uses, including hours of operation, number of employees, expected volume of business and type and volume of traffic expected to be generated.
(10)
A stormwater pollution prevention plan consistent with the requirements of Articles I and II of Chapter 99, Stormwater Management. The SWPPP shall meet the performance and design criteria and standards in Article II of Chapter 99. The approved site plan shall be consistent with the provisions of Chapter 99.
[Added 12-19-2006 by L.L. No. 10-2006]
C.
Site plan approval.
[Amended 7-3-1973; 10-17-1978]
(1)
The Planning Board shall review the site plan and supporting data before approval or approval with stated conditions is given, taking into consideration the following objectives:
(a)
The harmonious relationship between proposed uses and existing adjacent uses.
(b)
The maximum safety of vehicular circulation between the site and the street network.
(c)
The maximum adequacy of interior circulation, parking and loading facilities, with particular attention to vehicular and pedestrian safety.
(d)
The adequacy of landscaping and setbacks in regard to achieving maximum compatibility and protection to adjacent residential districts.
(2)
Should changes or additional facilities be required by the Planning Board, final approval of the site plan shall be conditional upon the satisfactory compliance by the owner with the changes or additions.
D.
Building permit. Building permits shall be issued only in accordance with an approved site plan which shall be transmitted by the Planning Board to the enforcement officer.
[Amended 7-3-1973; 10-17-1978]
E.
Changes. An owner wishing to make changes in an approved site plan shall submit a revised site plan to the Planning Board for review and approval before making application for a building permit.
[Amended 7-3-1973; 10-17-1978]
§ 125-54 Performance standards.
A.
Standards. In all districts, uses are not permitted which exceed any of the following standards measured at the individual property line:
(1)
Emit noise in excess of 70 decibels.
(2)
Emit dust or dirt which is considered offensive.
(3)
Emit any odor which is considered offensive.
(4)
Emit any smoke in excess of Ringelmann Chart No. 2.
(5)
Emit any noxious gases which endanger the health, comfort, safety or welfare of any person or which have a tendency to cause injury or damage to property, business or vegetation.
(6)
Cause, as a result of normal operations, a vibration which creates displacement of 0.003 of one inch.
(7)
Lighting or signs which create glare which could impair the vision of a driver of any motor vehicle.
(8)
Cause a fire, explosion or safety hazard.
B.
Air pollution control. All uses in all districts shall comply with the current requirements of the New York State Department of Health air pollution control laws.
§ 125-55 Buildings and building lot standards.
C.
Private garages in residential districts. Where the topography is such that the slope of the land exceeds 15% and, therefore, access to a private garage built in back of the front building line is impracticable, it shall be permissible to place such garage, not exceeding 10 feet in height, within the front yard space but not closer to any property line than 20 feet, upon issuance of a special permit by the Board of Appeals. Provision must be made to drive out of the driveway without backing onto the street.
[Amended 7-3-1973]
E.
Dwellings on lots. There shall be only one residential building on a lot unless otherwise approved under the Planned Unit Development District provisions.
F.
Building coverage, open porches, carports and garages. In determining the percentage of building coverage of a lot or the size of yards, porches or carports open at the sides but roofed and all principal and accessory buildings shall be included.
G.
Reduction of lot area. No lot shall be so reduced in area that the area, yards, lot width, frontage, coverage or other requirements of this chapter shall be smaller than herein prescribed for each district. The provisions of this section shall not apply when part of a lot is taken for a public purpose.
H.
Required area or yards. No space necessary under this chapter to satisfy the area, yard or other open space requirements in relation to any building or use, whether now or subsequently built or occupied, shall be counted as part of a required open space in relation to any other lot or building.
I.
Front yard exceptions. Where front yards in any district have been established for more than 50% of the frontage in any block at a depth greater than the minimum required for the district, the depth of required front yards shall be increased to comply with such established average depth. In no case shall the depth of the required front yard be less than that specified for the district in which it is located.
J.
Yards on corner lots. Any yard adjoining a street shall be considered a front yard for the purposes of this chapter and shall comply with all requirements for a front yard in the district in which located.
K.
Projections into yards. Every part of a required yard shall be open from its lowest part to the sky unobstructed, except for the ordinary projections of sills, cornices, pilasters, chimneys and eaves, provided that no such projections may extend more than two feet into any required yard.
L.
Variation of yard requirements in residential districts. After issuance of a special permit by the Board of Appeals, the requirements concerning lot area, frontage and side and rear yards may be varied for a unified residential development, provided that the maximum number of dwelling units of the overall development is not greater than that normally allowable in the district in which it is located and provided that suitably landscaped open space at least 40 feet in width shall surround the development. Such land as may be made available under this section shall be devoted to common purposes for all residents, including a park, play area or garden for the use of residents.
M.
No dwelling shall be erected on a lot which does not abut, in fee, on at least one public street for a distance of not less than 20 feet. The 20 feet shall be individual to the lot and shall not be shared or used in common with any other lot.
[Amended 11-1-1988 by L.L. No. 6-1988]
N.
Abandonment of structures. Within six months after work on an excavation for a building has begun or within six months after a permanent or temporary building or structure has been destroyed, demolished or abandoned, all structural materials shall be removed from the site, and the excavation thus remaining shall be covered over or filled to the normal grade by the owner.[4]
[4]
Editor's Note: Original Subsection P, which followed this subsection and provided for a front yard setback of 75 feet where a lot abuts a state or county highway, amended 2-23-1982, was repealed 10-19-1982.
O.
Multiple-family dwelling units recreation area. On-site recreation shall be provided at the rate of 100 square feet per unit, plus an additional five square feet for each bedroom in excess of a one-bedroom apartment unit. The area provided to meet the minimum requirements shall not have a slope in excess of 5% nor a horizontal dimension of less than 100 feet.
[Added 6-6-1978]
§ 125-56 Driveways. [1]
A.
Location of driveways. All driveways are to be located at least 100 feet from a street line intersection for all uses except one- and two-family residential uses.
B.
Access and safety. The Planning Board may require changes or additions in relation to yards, driveways, driveway entrances and exits, landscaping and the location and height of buildings and enclosures to ensure safety, to minimize traffic difficulties and to safeguard adjacent properties.
C.
Access to business, commercial or industrial use. No driveway or other means of access for vehicles, other than a public street, shall be maintained or used in any residence district for the servicing of a business, commercial or industrial use.
§ 125-57 Adult entertainment businesses.
[Added 11-3-1982]
A.
Restrictions. In addition to other requirements of this chapter, adult entertainment businesses shall be permitted after issuance of a special permit by the Town Board of the Town of Owego, subject to the following restrictions:
[Amended 5-20-1997 by L.L. No. 1-1997]
(1)
No adult entertainment business shall be allowed within 1,000 feet of another existing adult entertainment business.
(2)
No adult entertainment business shall be located within 1,000 feet of the boundaries of any district that is zoned for residential use.
(3)
No adult entertainment business shall be located within 1,000 feet of a preexisting school, hospital, library, church, nursing home, park, playground or residential use.
(4)
No adult entertainment business shall display any evidence visible from the exterior that the nature of the business within is that of adult entertainment.
B.
Special use permit. No person, firm, association, club, corporation or other entity shall lease, rent, maintain, operate, use or allow to be operated or used any business or establishment, any part of which contains an adult entertainment business, without first complying with the provisions of this section:
(1)
In addition to all other required licenses and permits, no form of adult entertainment business shall be permitted to operate until a special permit has been issued by the Town Board of the Town of Owego.
(2)
Applicants for a special permit to operate an adult entertainment business shall submit the following:
(a)
The name and address of the person, business or establishment subject to the provisions of this section.
(b)
The address of the premises so regulated.
(c)
The name and address of the owner(s) of the premises and the name and address of the beneficial owner(s) if the property is in a land trust.
(d)
The name, business and home address and business and home phone numbers of those persons having substantial connection with the business or establishment, subject to the provisions of this section.
(e)
The exact nature of the adult use.
(f)
If the premises of the building in which the business containing the adult entertainment business is located is leased or rented, a copy of said lease shall be attached.
(g)
A map showing the location of the premises for which such permit is sought and the existing or proposed location of structures upon such premises.
(h)
Such other information as the Town Board shall request in order to have all facts before it prior to making a decision.
(3)
Upon the receipt of such application and any necessary supplementary information, the Town Board shall set a date for a public hearing in regard to the granting of such permit, and a notice of such public hearing shall be published in the official newspaper of the Town of Owego, or the Evening Press, no earlier than 20 days and no later than 10 days before the date of such public hearing.
(4)
At the time of the public hearing, the applicant must present to the Town Board an affidavit certifying that written notice of the public hearing was given by the applicant to all owners of real property, as shown on the latest completed assessment role, within 500 feet of the premises for which a permit is sought. Such notice must be given no earlier than 20 days and no less than 10 days before the date of such public hearing.
(5)
If there occurs any change in the information required in the application for the special permit, the Town Clerk shall be notified of any such changes, and a new amended application shall be filed within 10 days of such change.
(6)
The processing fee for the application or amendment thereto shall be established by the Town Board.
(7)
All fees are nonrefundable.
(8)
No special permit issued under the provision of this section shall be transferable or assignable to any other person without the written permission of the Town Board of the Town of Owego, nor any special permit be transferable for use at any other premises, building or location other than that so stated and set forth in the application.
(9)
All special permits shall be prominently and conspicuously displayed on the premises, building or location for which it is issued by the owner, manager or agent of the adult entertainment business.
(10)
Any intentional or knowingly false statement or any statement which an applicant should reasonably have known to be false, which is provided in the application for a special permit or any documents or information supplied therewith, shall be the grounds for rejection, suspension or revocation of the special permit.
(11)
Periodic inspections by the Town enforcement officer shall be made to ensure compliance. Such inspection shall be reasonable as to the time and the manner of the same.
C.
Measurement of distances. For the purpose of this section, measurements shall be made in a straight line, without regard to the intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises for an adult entertainment business to the nearest property lines of the buildings containing a school, hospital, library, church or nursing home or to the nearest boundary of a park, playground or residential zone.
D.
Applicability. This section shall apply to any person, firm, corporation, club, association or other entity which actually engages in the conduct of a regulated use under this section and shall further and equally apply to the owner of any building, structure or premises upon which such regulated use is conducted. Any violation of this section shall subject both the person, firm, club, association, corporation or entity conducting such regulated use and the owner of the premises upon which such regulated use is conducted to the penalties provided herein.
E.
Revocation hearing.
(1)
The Town Board of the Town of Owego reserves the power to revoke without notice any special permit issued under the provisions of this section at any time in cases in which such special permits were procured by fraud or false representation of facts or for the violation of or failure to comply with any provisions of this chapter by any applicant, his servants, agents or employees. In case of such revocation, no portion of any fee for such special permit shall be refunded.
(2)
After any such revocation, the applicant, upon request, shall be entitled to a hearing before the Town Board of the Town of Owego not less than 10 days after such revocation nor more than 30 days afterward. All such requests must be in writing and given to the Town Clerk who will set a date for a hearing, giving the applicant 10 days' notice thereof.