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Owego City Zoning Code

ARTICLE II

Definitions

§ 125-4 Word usage.

Except where specifically defined herein, all words used in this chapter shall carry their customary meanings. Words used in the present tense include the future, and the singular includes the plural; the word "lot" includes "plot"; the word "building" includes "structure"; the word "shall" is mandatory; "occupied" or "used" shall be considered as though followed by "or intended, arranged or designed to be used or occupied"; "person" includes individual, partnership, association, corporation, company or organization.

§ 125-5 Terms defined.

As used in this chapter, the following terms shall have the meanings indicated:
ACCESSORY USE OR BUILDING
A use or building customarily incidental and subordinate to the principal use or building and located on the same lot.
ADULT BOOKSTORE
A person, establishment or business, whether retail or wholesale, having more than a minimal portion of its stock-in-trade, recordings, books, magazines, periodicals, films, video tapes/cassettes or other viewing materials for sale or viewing on or off the premises, which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or anatomical areas, or a person, establishment or business containing a segment or section devoted to the sale or display of such material.
[Added 11-3-1982]
ADULT CABARET
An establishment devoted to adult entertainment, either with or without a liquor license, presenting material whether live, mechanical, electronic or by other technological means, distinguished or characterized by its emphasis on matter depicting, describing or relating to sexual activities or anatomical areas, including cabarets that feature topless dancers, nude dancers, strippers or similar entertainers for observation by patrons.
[Added 5-20-1997 by L.L. No. 1-1997]
ADULT ENTERTAINMENT BUSINESS
An adult bookstore, adult motion-picture theater, adult motion-picture arcade, adult cabaret or adult use.
[Added 11-3-1982; amended 5-20-1997 by L.L. No. 1-1997]
ADULT MOTION-PICTURE ARCADE
Any place to which the public is permitted or invited wherein coin- or slug-operated or electronically, electrically or mechanically controlled still- or motion-picture machines, projectors or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing specific sexual activities or anatomical areas.
[Added 11-3-1982]
ADULT MOTION-PICTURE THEATER
An enclosed or unenclosed building, structure or portion thereof used for presenting materials distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or anatomical areas for observation by patrons.
[Added 11-3-1982]
ADULT USES
Any person, establishment or business involved in the viewing or dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to a specific sexual activity or anatomical area.
[Added 11-3-1982]
AGRICULTURAL USE or FARM
Land which is used for raising livestock or agricultural products, including farm structures and the storage of agricultural equipment; riding and boarding stables, kennels and veterinaries; greenhouses and nurseries; and, as an accessory use, the sale of agricultural products raised on the property.
[Amended 5-17-1994 by L.L. No. 2-1994; 7-5-2006 by L.L. No. 5-2006]
ALLEY
A public way providing a secondary means of public access to abutting properties.
[Amended 7-3-1973]
ALTERATION
A structural change, rearrangement, change of location or addition to a building, other than repairs and modification in building equipment.
ANATOMICAL AREAS[Added 11-3-1982]
A. 
Less than the completely and opaquely covered genitals, pubic region or female breasts below a point immediately above the top of the areola.
B. 
Human male genitals in a discernibly turgid state even if completely and opaquely covered.
ANTENNA
A system of electrical conductors that transmit or receive frequency signals. Such signals shall include but not be limited to radio, television, cellular, paging, digital and/or data communications, personal wireless communications services (PWS) and microwave communications.
[Added 3-3-1998 by L.L. No. 4-1998]
ANTIQUE STORE
The commercial activity of purchasing, storing, displaying, repairing, refinishing, selling of antique chattels and related refinishing materials.
[Added 2-1-2005 by L.L. No. 1-2005]
BAR
An establishment licensed to sell alcoholic beverages for consumption on the premises.
BASEMENT
A story partly underground. A basement shall be counted as a story if the vertical distance between the basement ceiling and the average grade level of the adjoining ground is more than six feet.
BED-AND-BREAKFAST DWELLING
An owner-occupied residence resulting from a conversion of a one-family dwelling, used for providing overnight accommodations and a morning meal to not more than 10 transient lodgers and containing at least three but not more than five bedrooms for such lodgers.
[Added 2-1-2005 by L.L. No. 1-2005]
BLOCK
Land surrounded by streets or such physical barrier as a stream or railroad right-of-way, within subdivided and urban areas.
BOARDINGHOUSE or ROOMING HOUSE
A building wherein more than four people are sheltered for profit.
BOATHOUSE
A building used exclusively for the storage of boats and boat equipment.
BUILDING
A structure having a roof supported by columns or walls and intended for the shelter or enclosure of persons, animals or chattels.
BUILDING AREA
The total of the areas taken on a horizontal plane at the main finished grade level of the principal building and all accessory buildings exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between exterior faces of walls.
BUILDING, DETACHED
A building surrounded by open space on the same lot.
BUILDING FRONT LINE
The line parallel to the front lot line transecting that point in the building face which is closest to the front lot line. This face includes porches, whether enclosed or unenclosed, but does not include steps.
BUILDING HEIGHT
The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point of the roof for flat roofs and to the mean height between the eaves and the ridge for gable, hip, mansard and gambrel roofs.
BUILDING, PRINCIPAL
A building in which is conducted the principal use of the lot on which it is situated.
BUSINESS
Any commercial enterprise, association or arrangement for profit.
[Added 11-3-1982]
CAMP
Land on which is located one or more cabins, trailers, shelters, houseboats or other accommodations suitable for seasonal or temporary living purposes, excluding mobile homes.
CLINIC
An office building used by members of the medical profession for the diagnosis and outpatient treatment of human ailments.
CLUBHOUSE, MEMBERSHIP
Includes the YMCA, YWCA and YMHA and a fraternity, sorority and lodge and religious and similar clubs which may have dormitory accommodations.
CLUB, PRIVATE
A building or land used for the activities of an association of persons for the promotion of some nonprofit common objective, such as civic, fraternal or cultural, and not accessory to or operated as or in connection with a tavern, eating place, or other place open to the public, which meets periodically and is limited to members.
[Amended 2-1-2005 by L.L. No. 1-2005]
COMMUNITY CENTER
Includes a public or private meeting hall, place of assembly, museum, art gallery, library, place of further education and church, not operated primarily for profit.
COURT
Unoccupied open space other than a yard. An "outer court" is one which extends to the front, side or rear yards; an "inner court" is any other court.
COVERAGE
That percentage of the lot area covered by the building area.
DAY-CARE CENTER
A facility maintained for the whole or part of the day but for less than twenty-four-hour care of five or more children, not related to the owner, operator, or manager thereof, from the ages of six weeks through 16 years, whether such facility is operated with or without compensation for such care, and with or without stated educational purposes, subject to the licensing requirements of the state.
[Added 2-1-2005 by L.L. No. 1-2005]
DEVELOPMENT PLAN
A development plan shall be prepared by an architect, engineer, landscape architect, land surveyor or planning consultant and shall include the following information:
A. 
Survey of the property, showing existing features of the property, including contours, buildings, structures, trees over four inches in trunk diameter, streets, utility easement, rights-of-way and land use.
B. 
Site plan showing proposed building locations and land use areas.
C. 
Traffic circulation, parking areas and pedestrian walks.
D. 
Landscaping plans, including site grading and landscape design.
E. 
Preliminary drawings for buildings to be constructed in the current phase, including floor plans, exterior elevations and sections.
F. 
Preliminary engineering plans, including street improvements, drainage systems and public utility extensions; engineering feasibility studies, as required by the Planning Board; and a construction sequence and time schedule for completion of each phase.
DEVELOPMENT PLAN, PRELIMINARY
A preliminary development plan shall include the following information:
A. 
Proposed site plan showing building locations and land use areas, traffic circulation, parking areas and pedestrian walks and landscaping layout.
B. 
Proposed construction sequence for buildings, parking spaces and landscaped areas.
DISSEMINATION
The transfer of possession, custody, control or ownership of or the exhibition or presentation of any performance to a customer, member of the public or business invitee of any material distinguished or characterized by an emphasis on matter depicting, describing or relating to specific sexual activities or anatomical areas.
[Added 11-3-1982]
DORMITORY USE
Includes fraternity, sorority and nurses homes and college dormitories.
DRIVE-IN/DRIVE-THROUGH ACTIVITIES
Facilities where services or products may be obtained by motorists without leaving their vehicles.
[Added 7-3-1973; amended 2-1-2005 by L.L. No. 1-2005]
DRIVEWAY
Land used by vehicular traffic as access to and situated on the property or lot.
DUMP
Land used for the disposal by abandonment, dumping, burial, burning or any other means and for whatever purpose of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof or waste material of any kind.
DWELLING, ATTACHED OR ROW
A single-family dwelling unit with party walls separating it from adjacent units on both sides.
[Added 2-1-2005 by L.L. No. 1-2005]
DWELLING, MULTIPLE-FAMILY
A building or portion thereof containing three or more dwelling units designed or used for occupancy by three or more families living independently of each other.
[Amended 2-1-2005 by L.L. No. 1-2005]
DWELLING, SINGLE-FAMILY
A dwelling unit, excluding a single wide mobile home, designed for or occupied exclusively by one or more persons living as a single housekeeping unit.
[Amended 2-5-1991 by L.L. No. 1-1991; 2-1-2005 by L.L. No. 1-2005]
DWELLING, TOWNHOUSE
See the definition for "dwelling, attached or row."
[Added 2-1-2005 by L.L. No. 1-2005]
DWELLING, TWO-FAMILY
A site-built or sectional unit structure used as living quarters by two families living independently of each other.
[Amended 2-5-1991 by L.L. No. 1-1991]
DWELLING UNIT
A building or part thereof used as living quarters for one family. The terms "dwelling," "one-family dwelling," "two-family dwelling" or "dwelling group" shall not include a motel, hotel, boardinghouse or tourist home.
ENFORCEMENT OFFICER
The person appointed by the Town Board, or his designated deputy, to perform the duties herein conferred on the enforcement officer.
EXTRACTION OF NATURAL PRODUCTS
The excavation of overburden and minerals from the earth; the preparation and processing of minerals, including any activities or processes or parts thereof for the extraction or removal of minerals from their original location and the preparation, washing, cleaning, crushing, stockpiling or other processing of minerals at the mine location so as to make them suitable for commercial, industrial or construction use; exclusive of manufacturing processes, at the mine location; the removal of such materials through sale or exchange, or for commercial, industrial or municipal use; and the disposition of overburden, tailings and waste at the mine location. Extraction of natural products shall not include the excavation, removal and disposition of minerals from construction projects or the creation of farm ponds or excavations in aid of agricultural activities.
[Added 1-18-1994 by L.L. No. 1-1994]
FAMILY
One or more persons living, sleeping, cooking and eating on the same premises as a single housekeeping unit, provided that, unless all members are related by blood, marriage or adoption, no such single housekeeping unit shall contain more than five members.
FLOOR AREA
The sum of the gross horizontal area of the floors of a building, excluding basement floor areas. All dimensions shall be measured between interior faces of walls.
FLOOR AREA OR ROOM, HABITABLE
The floor area of rooms in a dwelling unit, used for bedrooms, living room, dining room and kitchen.
GARAGE, PRIVATE
Enclosed space for the storage of motor vehicles, provided that no business or service is conducted for profit therein.
GARAGE, PUBLIC
A garage available to the public, operated for gain, and which is used for the storage, repair, rental, painting, washing, servicing or equipping of motor vehicles.
GASOLINE STATION
A building or land that is used for the sale of motor fuel, oil and motor vehicle accessories and which may include facilities for lubricating, washing or servicing motor vehicles, but not including painting or major repairs.
GRADE, FINISHED
Completed surfaces of ground, lawns, walks and paved areas, brought to grades as shown on plans relating thereto or in existence at the time the certificate of occupancy is issued.
GRADE IMPROVEMENT
Land to which stone, sand, gravel, clay, topsoil or cinders is added to adjust the existing grade to conform to the natural grade of the surrounding area, thereby improving the usability of the land.
[Amended 1-18-1994 by L.L. No. 1-1994]
HELICOPTER LANDING PAD
Land or a building used for the taking off or landing of a helicopter.
HOME OCCUPATION
[Amended 2-1-2005 by L.L. No. 1-2005]
A. 
Any occupation or profession, excluding retail sales to customers or motor vehicle repairs on the premises, which:
(1) 
Can be conducted without substantial change in the appearance, character or traffic generation of the residence.
(2) 
Is carried on by a member of the household residing in the dwelling unit.
(3) 
Is clearly incidental and accessory or secondary to the use of the dwelling unit for residential purposes.
(4) 
Conforms to the following additional conditions:
(a) 
The occupation or profession shall be carried on wholly within the principal building.
(b) 
Not more than two persons outside the household residing in the dwelling shall be employed in the home occupation.
(c) 
There shall be no exterior display, other than a sign, no exterior storage of materials and no other exterior indication of the home occupation or variation from the residential character of the principal building.
(d) 
No offensive odor, noise, vibration, smoke, dust, heat or glare shall be produced, nor will the storage or handling of hazardous material be allowed.
(e) 
No more than 30% of the floor area of the residence will be allowed for the use of the home occupation.
B. 
The Zoning Board of Appeals may grant a special use permit to house the home occupation in an accessory building.
HOSPITAL
Includes a sanitorium, clinic, rest home, nursing home, convalescent home, home for the aged or any other place for the diagnosis and treatment of human ailments.
HOTEL
A building containing rooms which are used or rented to be occupied for sleeping purposes and where a general kitchen and dining room may be provided within the building or in an accessory building.
INN
One or more buildings providing temporary lodging, primarily to persons who have residences elsewhere. The building or buildings may have an interior hall or exterior entrances to individual rooms. Inns differ from hotels and motels with respect to scale and design of the buildings, which should be contextually sensitive to surrounding architecture and uses.
[Added 2-1-2005 by L.L. No. 1-2005]
JUNKYARD
Land or a building used for the collecting, storage or sale of wastepaper, rags, scrap metal or discarded material or for the collecting, wrecking, dismantling, storage, salvaging and sale of vehicle or machinery parts.
KENNEL
Land or a building used for the harboring of five or more dogs over six months old.
LANDFILL
[Repealed 1-18-1994 by L.L. No. 1-1994]
LANDING FIELD
Land or water used for the taking off or landing of fixed wing aircraft or sailplanes.
LANDSCAPING BUSINESS
Any business primarily engaged in the improvement, arrangement, adornment or decoration of land by planting or maintaining flowers, trees, shrubs and ground cover.
[Added 5-17-1994 by L.L. No. 2-1994]
LARGE-SCALE SOLAR ENERGY SYSTEM
A solar energy system that is ground mounted and produces energy primarily for the purpose of off site sale or consumption.
[Added 8-2-2022 by L.L. No. 5-2022]
LIVESTOCK
Domestic farms animals which are typically kept for breeding, production of agricultural products, sale, consumption or pleasure.
[Amended 7-5-2016 by L.L. No. 3-2016]
A. 
LIVESTOCK, LARGECattle, bison, horses and other livestock generally weighing over 500 pounds, including pigs less than 300 pounds. Pigs more than 300 pounds are only permitted in an AG district.
B. 
LIVESTOCK, SMALLSmall animals, such as sheep, goats, miniature horses, small ponies, llamas, alpaca, potbellied pig and other noncommercial small breed pigs less than 300 pounds and other livestock generally weighing less than 500 pounds.
C. 
FOWL, SMALLAny bird housed outdoors, including, but not limited to, chickens, pigeons, ducks, geese, turkeys, peacocks and pheasants that are kept or raised for sale, resale, human consumption or pleasure.
D. 
FOWL, LARGEEmus, rheas, ostriches (ratites) housed outdoors kept or raised for sale, resale, human consumption or pleasure.
LOADING SPACE
Off-street space used for the temporary location of one licensed motor vehicle, which is at least 12 feet wide and 60 feet long, not including an access driveway, and having direct access to a street or alley.
LOT
Land occupied or to be occupied by a building and its accessory buildings, together with such open spaces as are required, having not less than the minimum area, width and depth required for a lot in the district in which such land is situated and having frontage on a street or other means of access as may be determined by the Planning Board to be adequate as a condition for the issuance of a building permit for a building on such land.
LOT AREA
The total area within the property lines, excluding any part thereof lying within the boundaries of a public street or proposed public street.
LOT, CORNER
A lot which has an interior angle of less than 135° at the intersection of two street lines. A lot abutting a curved street shall be considered a corner lot if the tangents to the curve at the points of intersection of the side lot lines intersect at an interior angle of less than 135°.
LOT DEPTH
The mean horizontal distance from the street line of the lot to its opposite rear line measured at right angles to the building front line.
LOT, DOUBLE-FRONTAGE
A lot whose rear and front line abut an existing or proposed street. The front yard setback shall apply for each street.
LOT FRONTAGE
The distance measured across the width of the lot at the building front line or at the proposed building front line.
LOT LINES
The property lines bounding a lot.
LOT OF RECORD
A lot which has been established as such by plat, survey or deed prior to the date of adoption of this chapter[1] and as shown on the records of the County Clerk.
LOT WIDTH
The width measured at right angles to its lot depth, at the required building front line.
MINE
Any excavation from which a mineral is to be produced for sale or exchange, or for commercial, industrial or municipal use; all haulageways and all equipment above, on or below the surface of the ground used in connection with such excavation, and all lands included in the life of the mine.
[Added 1-18-1994 by L.L. No. 1-1994]
MINERAL
Any naturally formed, usually inorganic, solid material located on or below the surface of the earth. For purposes of this article, peat and topsoil shall be considered "minerals."
[Added 1-18-1994 by L.L. No. 1-1994]
MINIMAL PORTION
Ten percent of gross sales for any calendar year.
[Added 11-3-1982]
MOBILE HOME
A portable unit designed and built to be towed on its own chassis, comprised of a frame and wheels, connected to utilities and designed without a permanent foundation for year-round living. A unit may contain parts that may be folded, collapsed or telescoped when being towed and expanded later to provide additional cubic capacity. Such definition does not include sectional unit structures, travel trailers, motorized homes, pickup coaches and camping trailers.
[Amended 2-23-1982; 2-5-1991 by L.L. No. 1-1991]
MOBILE HOME PARK
Land on which two or more mobile homes are parked or which is used for the purpose of supplying to the public a parking space for two or more mobile homes.
MOTEL
A building containing rooms which are rented as a series of sleeping units for automobile transients, each sleeping unit consisting of at least a bedroom and bathroom.
MOTOR VEHICLE
A motor-powered device in, upon or by which a person or property may be transported upon a street or highway.
MOTOR VEHICLE SALES LOT
Land used for the display and sale of new and used motor vehicles, trailers, mobile homes and boats.
MOTOR VEHICLE SALES SHOWROOM
An enclosed establishment for the display and sale of new and used motor vehicles, trailers, mobile homes and boats and which shall not include open display or storage of such vehicles.
MUNICIPAL BUILDINGS
Includes government buildings, municipal community halls, ambulance houses and firehouses and public works buildings.
NONCONFORMING USE
A building, structure or use of land existing at the time of enactment or subsequent district amendment of this chapter and which does not conform to the regulations of the zoning district in which it is situated.
NONRESIDENTIAL USE
All uses of buildings, structures or land, except one-family dwellings, two-family dwellings and multiple-family dwellings and their accessory uses.
[Amended 7-3-1973]
NURSING HOME
A building where persons are housed and furnished with meals and nursing or convalescent care.
OFFICES, BUSINESS
Include all business, professional, banking, finance, insurance, real estate, medical, governmental and utility service company offices.
OFFICES, MEDICAL
Include dental and clinical offices and planned parenthood centers staffed by licensed medical practitioners for the diagnosis and outpatient treatment of human ailments.
OVERBURDEN
All of the earth, vegetation and other materials which lie above or alongside a mineral deposit.
[Added 1-18-1994 by L.L. No. 1-1994]
OWNER
The person or persons holding title to the property.
PARK
An area of land which is developed or intended for development with landscaping and other features which promote recreational activities to the public. May be either publicly or privately owned.
[Added 2-1-2005 by L.L. No. 1-2005]
PARKING SPACE
Off-street space used for the temporary location of one licensed motor vehicle, which is at least 10 feet wide by 20 feet long, not including an access driveway, and having direct access to a street or alley. In the case of a parking lot serving an industrial site, the applicable dimensions shall be nine feet wide by 19 feet long.
[Amended 10-20-1970; 7-3-1973]
PERMANENT FOUNDATION
The supporting member of a wall or structure built in accordance with Chapter 40, Building Construction, § 40-21, of the Owego Town Code.
[2]
[Added 2-5-1991 by L.L. No. 1-1991]
PERSON
Any individual, firm, partnership, corporation, club, association or legal representative, acting individually or jointly.
[Amended 11-3-1982]
PERSONAL SERVICES
Includes a barber, hairdresser, beauty parlor, shoe repair, shoeshine, laundry, laundromat, dry cleaner and photographic studio and businesses providing similar services of a personal nature.
PROFESSIONAL RESIDENCE-OFFICE
A residence in which the occupant has the professional office of an architect, accountant, chiropractor, dentist, doctor of medicine, landscape architect, land surveyor, lawyer, optometrist, osteopath, physiotherapist, planning consultant, podiatrist, engineer or psychologist, which is clearly secondary to the dwelling use for living purposes and does not change the residential character thereof and where not more than one person outside the family is employed.
PUBLIC ASSEMBLY USE
Includes an auditorium, theater, public hall, school hall, meeting hall, church or temple.
PUBLIC UTILITY
Includes offices and accessory uses of gas, electricity, water, sewage, telephone and telegraph service companies.
QUARRY
[Repealed 1-18-1994 by L.L. No. 1-1994]
RECREATION AREA
An area of five or more acres of land devoted to or to be devoted to use by the public for, but not limited to, camping (in trailers or otherwise), carnivals, circuses, field days, festivals of any kind, golfing, picnicking, racing of any kind, swimming and other guest-type activities generally regarded as recreational.
RECREATION, COMMERCIAL OUTDOOR
Includes a golf driving range, golf pitch-and-putt course, par-three golf course, outdoor amusement park or hunting preserve.
RECREATION, INDOOR
Includes an indoor bowling alley, theater, table tennis and pool hall, skating rink, gymnasium, swimming pool or hobby workshop and similar places of indoor commercial recreation.
RECREATION, PRIVATE OUTDOOR
Includes a yacht club, golf course, trap, skeet and archery range, swimming pool, skating rink, riding stable, park, lake and beach, tennis court, recreation stadium and skiing facility and carnivals, circuses, field days and festivals.
RECREATION, PUBLIC OUTDOOR
Includes a publicly owned and operated playground, playfield, park, open space and swimming pool.
RELIGIOUS INSTITUTION
A building, together with its accessory buildings and uses, where persons regularly assembly for religious worship and which building, together with its accessory buildings and uses, is maintained and controlled by a religious body organized to sustain public worship.
[Amended 2-1-2005 by L.L. No. 1-2005]
RESIDENTIAL USE
Includes a one-family dwelling, two-family dwelling or multiple-family dwelling and their accessory uses.
[Amended 7-3-1973]
RESTAURANT
Any establishment, however designed, at which food is sold for consumption on the premises to patrons seated within an enclosed building or elsewhere on the premises. A snack bar or refreshment stand at a public, semipublic or community swimming pool, playground, playfield or park, or an approved vendor operating the recreational facilities for the convenience of the patrons of the facility, shall not be deemed to be a restaurant.
[Amended 2-1-2005 by L.L. No. 1-2005]
RETAIL, SERVICE, REPAIR, CONSUMER
Establishments engaged in the sale or rental of goods at retail, engaged in providing a service(s) to individuals, and/or engaged in the provision of repair services to consumers and households. This category excludes animal sales or service; building and garden materials, supplies, sales or rental; food sales or markets; and motor vehicle and related equipment sales, leasing, rental, or repair. All uses shall be enclosed unless otherwise indicated. This category includes the following lists of uses:
[Amended 2-1-2005 by L.L. No. 1-2005]
A. 
Apparel and accessories, dry goods (limited to soft lines only).
B. 
Appliances, household.
C. 
Art gallery, goods, supplies.
D. 
Automobile accessories, including the sale of packaged auto parts only, excluding auto or trailer rental, repairing, storage or dismantling on the premises.
E. 
Barber, beauty shop.
F. 
Bicycles.
G. 
Boutiques.
H. 
Camera, photographic supply and photo-processing store.
I. 
Computers, personal, typewriters, adding machines and related equipment and supplies.
J. 
Drugs, apothecary, pharmacy (limited to the sale of pharmaceuticals and medical supplies).
K. 
Dry cleaner or laundry, collection and distribution station.
L. 
Electronics, home.
M. 
Flower shops.
N. 
Floor coverings, rugs, carpets, linoleum, tile.
O. 
Furniture or furnishings, home or office, interior decorating shop.
P. 
Gifts.
Q. 
Hardware.
R. 
Hobby supplies.
S. 
Jewelry (including the repairing of jewelry, watches and clocks).
T. 
Laundry, package plant only, which:
(1) 
Processes family wash only (no commercial or industrial work);
(2) 
Uses not more than one shirt unit;
(3) 
Does not discharge steam into the atmosphere under pressure; and
(4) 
Does not launder clothes from collection stations or from other plants removed from the subject plant.
U. 
Laundry, customer self-service only.
V. 
Locksmith and locks.
W. 
Luggage.
X. 
Medical, hospital equipment and supplies, hearing aids, orthopedic and prosthetic devices and appliances fabrication, repair and sale, limited to prescription work only.
Y. 
Music (sheet and recorded) and musical instruments.
Z. 
Office supplies.
AA. 
Optical goods, optician.
BB. 
Paint and wallpaper.
CC. 
Photographic studio, including processing and developing.
DD. 
Picture frame shop; may include assembly and retail sale of custom-made frames, do-it-yourself assembly by customers, retail sales of ready-made frames and/or retail sales of artwork, prints, or posters.
EE. 
Repair, rental and servicing, limited to any product the sale of which product is a use by right in the GB or NT Districts.
FF. 
Services, professional and personal.
GG. 
Sewing machines, limited to models for individual home use; may include instruction in sewing on an individual or class basis.
HH. 
Shoes and shoe repair.
II. 
Specialty store, limited fabrication and retail sale of artwork and/or craftwork or other objects similar in character as determined by the zoning administrator; such use may include classes explaining the fabrication of objects and shall be limited to five employees.
JJ. 
Sporting goods; provided, however, that any sale of guns shall be permitted only as an accessory use to the use by right.
KK. 
Stationery.
LL. 
Tailor (pressing, altering and repairing of wearing apparel).
MM. 
Television and radio store and repair shop.
NN. 
Tobacco.
OO. 
Toys.
PP. 
Vacuum cleaners.
QQ. 
Variety store selling only those items which may be sold by any other use by right in the GB or NT Zoning Districts.
RR. 
Any similar use, as determined by the Planning Board, excluding adult uses.
SANITARY LANDFILL
A site at which a mixture of garbage, rubbish, refuse and ashes is deposited into a trench or other depression and is immediately compacted and promptly covered with a layer of earth.
SCHOOL
Includes a parochial, private, public and nursery school, a college or university and their accessory uses and shall exclude a commercially operated school of beauty culture, business, dancing, driving or music and similar establishments.
SCHOOL, ELEMENTARY OR SECONDARY
A public or private school meeting all requirements of the compulsory education laws of the state and providing instruction to students in kindergarten through grade 12. Secondary schools consist of middle schools and high schools, generally grades 7 through 12.
[Added 2-1-2005 by L.L. No. 1-2005]
SECTIONAL UNIT STRUCTURE
A factory-manufactured home or sectional mobile home that incorporates structures or components designed for residential occupancy, constructed by a method or system of construction whereby the structure or component is wholly or in substantial part manufactured in a manufacturing facility and is affixed to a permanent foundation.
[Added 2-5-1991 by L.L. No. 1-1991]
SERVICE AREA
Includes those parts of a lot which are used primarily to provide access for servicing the uses on the lot, including land used for the delivery of goods or the storage and collection of waste.
SEXUAL ACTIVITIES[Added 11-3-1982]
A. 
Human genitals in a state of sexual stimulation or arousal.
B. 
Acts of human masturbation, sexual intercourse, sodomy or oral copulation, actual or simulated.
C. 
Fondling or other touching of human genitals, pubic region, buttocks or female breasts.
SHOPPING CENTER
A building or buildings containing a group of compatible retail stores and business office uses, designed and developed under unified control and providing common parking areas and loading facilities.
SIGN
Any device, structure, building or part thereof, for visual communication, that is used for the purpose of bringing the subject thereof to the attention of the public, which shall display or include any letter, word, model, banner, emblem, pennant, insignia or representation which is in the nature of an announcement, direction or advertisement which is placed out of doors. "Sign" does not include the flag or insignia of any nation, state or community.
A. 
FACING OR SURFACE OF A SIGNThat part of the structure upon, against or through which the message of the sign is exhibited, including molding or trim but not that part of the structure used solely for support. When the "area of a sign" is referred to in this chapter, it shall mean the surface of such design.
B. 
DOUBLE-FACED OR V-TYPE SIGNAny two-faced sign utilizing both surfaces for display purposes.
C. 
GROUND SIGNAny sign not attached to any building but which is permanent and attached in or on the ground surface in a fashion such as not to be moved by hand.
[Amended 8-1-2017 by L.L. No. 2-2017]
D. 
PROJECTING SIGNA sign which is attached to a wall and which extends beyond the wall surface a distance greater than 12 inches. Projecting sign shall include any marquee used as a sign.
E. 
ROOF SIGNA sign constructed or supported upon the roof of any building.
F. 
WALL SIGNA sign which is attached to or part of a wall and which does not extend beyond the wall surface a distance greater than 12 inches.
SIGN, ADVERTISING OR BILLBOARD
A sign which directs attention to a business, industry, profession, service, commodity or entertainment conducted, sold or offered elsewhere than upon the same lot. This does not include a gateway sign.
[Amended 8-1-2017 by L.L. No. 2-2017]
SIGN, BUSINESS
A sign which directs attention to a business, industry, profession, service, commodity or entertainment sold or offered upon the same lot on which it is displayed, including "for sale or rent" signs.
SIGN, DIRECTIONAL OR INFORMATION
A sign used for stating the name or location of a public facility, church, institution or meeting place of a public service organization or for designating a driveway used by the public.[3]
SIGN, ELECTRONIC MESSAGE
An electrically activated, changeable sign whose variable message capability can be electronically programmed. Any proposed electronic message center must be equipped with automatic dimming capabilities or a photocell that detects ambient light and adjusts brightness levels accordingly. The proposed sign shall hold a static message for a minimum of five seconds. Transitions between advertisements shall be limited to one second with no animated transitions. Hours of operation shall be limited to 5:00 a.m. to 11:00 p.m. when abutting a residential zone.
[Added 8-1-2017 by L.L. No. 2-2017]
SIGN, GATEWAY
A monument ground sign constructed of natural masonry or stone, located on non-public-owned property, for use in presenting public announcements, emergency and local government messages and limited controlled advertisement, in a format approved by the Town of Owego.
[Added 8-1-2017 by L.L. No. 2-2017]
SIGN, ILLUMINATED
A sign designed to give forth or reflect light.
SIGN, MONUMENT GROUND
A permanent ground sign that is installed without using a column or pole for primary support but rather is anchored to the earth by means of a foundation that becomes part of the sign structure.
[Added 8-1-2017 by L.L. No. 2-2017]
SITE-BUILT STRUCTURE
A structure or building consisting of material and components transported to and assembled at the site, for residential occupancy and affixed to a permanent foundation.
[Added 2-5-1991 by L.L. No. 1-1991]
STABLE
A building in which horses are kept for public use, hire or sale.
STORAGE, ENCLOSED
Enclosed buildings used for the keeping of goods, supplies or equipment.
STORAGE, OPEN
Land used for the keeping of goods, supplies or equipment.
STORY
That part of a building which is between one floor level and the next higher floor level or, if there is no floor above it, the ceiling above it.
STREET
A public way for vehicular traffic which affords the principal means of access to abutting properties.
STREET CENTER LINE
The line midway between and parallel to two street property lines.
STREET FRONTAGE
Lot lines which abut a public street.
STREET GRADE
The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.
STREET LINE
The right-of-way line of a street as dedicated by a deed of record. Where the width of the street is not established, the street line shall be considered to be 30 feet from the center line of the street pavement.
STRUCTURE
Anything constructed or erected, the use of which requires a location on the ground or attachment to something located on the ground.
SUBDIVISION
The division of any parcel of land into two or more lots, blocks or sites for the purpose of conveyance, transfer of ownership, improvement, building development or sale. The term subdivision includes resubdivision. A subdivision shall not include the division of land for agricultural purposes into two or more parcels and which does not involve the creation of a new street or highway.
SUBSTANTIAL CONNECTION[Added 11-3-1982]
A. 
In a sole proprietorship, an individual who owns, operates, controls or conducts, directly or indirectly, any premises, building or location upon which any adult use takes place.
B. 
In a partnership, limited or general, an individual who shares in the ownership or control of any of the assets of the partnership business.
C. 
In a corporation, an individual who is an officer, director or holder, either directly, indirectly or beneficially, of more than 20% of any class stock.
SWIMMING POOL
An artificial pool of water having a depth at any point of more than 18 inches and a surface area of greater than 100 square feet, designed or intended for the purpose of bathing or swimming, and including all appurtenant equipment.
[Amended 2-23-1982]
TELECOMMUNICATIONS FACILITIES
Towers and/or antennas and their accessory structures together used in connection with the provision of cellular telephone service, personal communications services, digital and/or data communication services, paging services, radio and television broadcast services and similar broadcast services. (Also referred to as "facilities" or "equipment.") The aforementioned accessory structures are nonhabitable buildings or structures being used in conjunction with a tower or other telecommunications facility, and which are usually located on the same lot as those facilities. Examples of such structures include utility or transmission storage sheds or cabinets.
[Added 3-3-1998 by L.L. No. 4-1998]
THEATER
A building or part of a building devoted to the performing arts or moving pictures.
THEATER, DRIVE-IN
Land with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions to patrons seated in automobiles or on outdoor seats.
TOT-LOT
A recreation area designed and equipped for the use of preschool children.
TOURIST HOME
A dwelling in which overnight accommodation is provided for transient guests for compensation.
TOWER
A structure designed to support antennas. It includes, without limit, freestanding towers, guyed wires, monopoles and similar structures which do or which do not employ camouflage technology.
[Added 3-3-1998 by L.L. No. 4-1998]
TRAILER
A vehicular portable structure designed as a temporary dwelling for travel, recreational and vacation uses and not for year-round living.
[Amended 2-23-1982]
TREES, SHADE
Include such trees as maple, oak, sycamore, plane, fir, spruce, hemlock, birch, ash, hackberry, tulip, maidenfern, linden, locust, alder, dogwood, magnolia, chestnut and hawthorn.
USE
The specific purpose for which land, a building or structure is designed, intended, used or maintained.
USE, PERMITTED
A use specifically allowed in the district, excluding illegal uses and nonconforming uses.
VEHICLE
Every device so constructed or designed, upon, in or by which any person or property is or may be transported or drawn upon a highway.
WAREHOUSE
Includes a warehouse, wholesale establishment, discount house and bulk storage and bulk sales outlet.
WILDLIFE REFUGE
Includes a bird sanctuary, zoo, forest reserve, game reserve or botanical garden.
YARD
Space on a lot not occupied with a building or structure. Porches, whether enclosed or unenclosed, shall be considered as part of the main building and shall not project into a required yard.
YARD, FRONT
The yard between the front lot line and the front line of a building extended to the side lot lines of the lot. The depth of the front yard shall be measured from the street line to the front line of the building.
YARD, REAR
An open unoccupied space on the same lot as the building, between the rear line of the building and the rear line of the lot and extending the full width of the lot.
[Added 2-23-1982]
YARD, SIDE
The yard between the principal building or accessory building and a side lot line and extending through from the front yard to the rear yard.
[1]
Editor's Note: The ordinance appearing in this chapter was adopted 5-22-1956.
[2]
Editor's Note: Former Article V, Foundations, which included § 40-21, adopted 2-5-1991 as Section 3 of L.L. No. 1-1991, was repealed 5-21-1991 by L.L. No. 5-1991.
[3]
Editor’s Note: The definition of “sign, flashing, scintillating or moving,” which immediately followed this definition, was repealed 8-1-2017 by L.L. No. 2-2017.