The Board of Appeals shall establish for all
special use permits a schedule of fees payable when the permit is
issued. Permits issued under such schedule shall expire on the 31st
day of December each year.
All applicants for building and use permits
in areas ascertained by the Superintendent of Public Works as subject
to flood conditions shall obtain from the Zoning Board of Appeals
a special use permit, provided that the following standards and controls
are complied with:
A.
Elevation of the lowest floor to be used for any dwelling
purpose in any residential structure shall be equal to or higher than
the elevation of the high water level as determined by the Superintendent
of Public Works in accordance with previous flood records.
B.
Wherever desirable or necessary, the first floor level
of any structure not used for residential purposes shall be equal
to or higher than the elevation of the high water level as determined
by the Superintendent of Public Works in accordance with previous
flood records.
C.
No storage in tanks of liquid fuel or any other combustible
material shall be permitted.
D.
Any other controls or restrictions which are deemed
necessary to minimize or eliminate damage to buildings and structures
from floodwaters shall be required by the Board of Appeals.
Garages, gasoline filling stations, farm equipment service or heavy machinery repair service may be allowed in a CB or B District only after a special use permit for said use has been obtained from the Zoning Board of Appeals, provided that said special permit use complies with § 195-84E.
Special use permits for hotels in R3 Districts
may be granted by the Zoning Board of Appeals, provided that other
than guest room facilities (e.g., food and beverage services, newsstand,
cleaning and laundry facilities, etc.) are intended primarily for
the use of hotel residents and guests.
Electrical distribution substations and other
utility structures of a similar nature may be permitted in any district
in the Village, provided that a special use permit has been obtained
from the Board of Appeals; provided, however, that no special use
permit shall be required in industrial districts. The special use
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
with the area.
C.
Landscaping at corners of street intersections shall
be so 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. Such standards shall be
in conformity with those of the New York State Department of Public
Health and/or Public Service Commission.
The industrial uses as indicated in § 195-101 of this chapter are permitted following the issuance of a special use permit by the Board of Appeals, provided that said permit shall comply with § 195-22B and C of this chapter; and provided, further, that compliance is made with the provisions of § 195-38 of this chapter.
A.
The provisions of this section are to be given effect
in addition to other provisions of this chapter governing the issuance
of special use permits for automobile junkyards, but shall control
if inconsistent with such other provisions.
B.
Description of land. The application for a special
use permit for an automobile junkyard to be submitted to the Zoning
Board of Appeals shall contain a description of the land to be included
within the automobile junkyard.
C.
Public hearing and notice thereof. A public hearing
on the application shall be held within four weeks from the date of
receipt of the application by the Zoning Board of Appeals or by the
Village Clerk-Treasurer on its behalf. Ten days' written notice of
the hearing shall be given to the applicant, and notice shall be published
in the official newspaper of the Village at least seven days prior
to the hearing.
D.
Grant or denial of license. Within two weeks after
said public hearing, the Zoning Board of Appeals shall determine whether
the application is approved and shall notify the applicant of its
determination. The Board shall consider, in determining whether to
grant such application, the location of the property to be used for
the automobile junkyard and the nature and development of surrounding
property, including the proximity of churches, schools or other public
buildings. The Board shall also consider the suitability of the applicant
with reference to his ability to comply with the fencing requirements
hereinafter set forth and other reasonable regulations and with reference
to any record of convictions for larceny or for the receiving of stolen
goods. The Board shall also consider whether the proposed location
can reasonably be protected from having an unfavorable effect on the
attractiveness, both esthetically and economically, of the surrounding
area.
E.
Term, renewal and assignability of permit. Each special
use permit issued under the provisions of this section shall expire
on December 31 of the year in which it is granted, but shall be renewed
thereafter upon payment of the annual fee, without hearing, provided
that all provisions of this chapter are complied with during the permit
period. Each permit shall be personal to the applicant and shall not
be assigned and shall terminate upon the sale of the automobile junkyard.
Application for renewal permits shall be submitted to the Village
Clerk-Treasurer during the month of December. No permit shall be renewed
if more than 30 days have elapsed since the date of its termination.
F.
Permit fees. The special use permit fee shall be set
forth from time to time by resolution of the Board of Trustees, to
be paid at the time the application is made. If the application is
not granted, the fee shall be returned to the applicant. In addition,
the applicant shall pay the costs of advertising the public hearing.
The fee for each renewal of the permit shall be set forth from time
to time by resolution of the Board of Trustees, to be paid at the
time each application for renewal is made.[1]
[Amended 4-21-1997 by L.L. No. 1-1997]
G.
Revocation of permit. The special use permit granted
under the provisions of this section may be revoked, following a hearing
held by the Board of Trustees, upon 10 days' notice to the holder
of the permit, which notice shall specify the reasons for the proposed
revocation, for failure to comply with the provisions of this section,
upon conviction of the owner or operator of the automobile junkyard
for any type of larceny or the receipt of stolen goods or if the automobile
junkyard shall become a public nuisance under common law.
H.
Appeal. Any determination of the Zoning Board of Appeals
or the Board of Trustees under this section may be reviewed under
Article 78 of the Civil Practice Law and Rules.
I.
Fencing requirements. All automobile junkyards shall
be completely surrounded with a fence at least eight feet in height
which substantially screens the yard from public view and with a suitable
gate which shall be closed and locked unless the owner or his agent
are within such yard. All work shall be done within such fence. The
Zoning Board of Appeals, in its discretion, may reduce the fencing
requirements at the time the special use permit is granted if, in
its opinion, natural conditions, including growth of hedges or trees,
shall suitably screen such yard. The permit may be granted upon condition
that such fence be erected within a reasonable period of time.
J.
Setback restrictions. The fence surrounding each automobile
junkyard shall not be closer than 25 feet to the front line of the
lot, 10 feet to the side lot lines and 20 feet to the rear lot line
of the premises on which it is located.
K.
Odors and smoke. No permittee shall allow the emission
of odors offensive, unhealthy or injurious to the public or property
from the automobile junkyard for which the permit is issued. In addition,
the permittee shall comply with all air pollution laws and regulations
heretofore or hereafter enacted or promulgated by the state, its agencies
and its subdivisions and the Village.
L.
Minimum distance from schools and other public buildings.
No special use permit shall be issued for any automobile junkyard
established after August 7, 1967, which is within 500 feet of a church,
school, hospital, public building or place of public assembly.
[Amended 8-17-1970]
Special use permits for professional and business
office buildings in R2 Districts may be granted by the Zoning Board
of Appeals, provided that, in the opinion of the Zoning Board of Appeals,
the proposed appearance of the building would be in harmony with the
architecture of the neighborhood, the other provisions of this chapter
are complied with and the proposed use of the building would be compatible
with the neighborhood in which the building is to be located, giving
due consideration to the types of business and professions to be conducted
in the building, the hours of operation of the building, the traffic,
noise and odors, if any, which will be generated and the uses being
made of other buildings in the neighborhood.
[Added 4-21-1997 by L.L. No. 1-1997]
A.
The Board of Trustees of the Village of Owego has
become concerned about the appearance and impact of satellite antennas.
The Board finds that unregulated satellite antennas can be installed
in an unsafe and aesthetically unpleasant manner with an adverse impact
on surrounding property values and the enjoyment and use of surrounding
properties. The intent and purpose of this section is to establish
a procedure and criteria to avoid the adverse impacts of the installation
of satellite antennas and to preserve the character, beauty and general
welfare of the municipality.
B.
No satellite antenna, hereinafter defined, shall be
installed or maintained unless a special permit has been issued therefor,
which permit shall not be issued until after compliance with the following
conditions and procedures:
(1)
A "satellite antenna" is defined as any concave, circular
or dish-shaped device or a device similar in design capable of receiving
signals from or by reason of satellites or other objects in planetary
orbit.
(2)
Applications for the issuance of the special permit
shall set forth and include the following:
(a)
Specific site data on a map, acceptable in form
and content to the Board of Zoning Appeals, which shall be prepared
to scale and in sufficient detail and accuracy so as to depict the
placement of all component parts of the satellite antenna, including
any guy wires or enclosures, in relation to:
[1]
The location of property lines and easements.
[2]
The location of all structures on the site and
all structures within 10 feet of the property lines.
[3]
The location of all utility poles, above or
below ground utility lines, trees or other natural or artificial structures.
[4]
The location, nature and extent of any proposed
fencing, buffering, plantings or other screening measures, if any,
which are proposed.
(b)
All information prepared by the manufacturer
of the satellite antenna, including but not limited to the make and
model, manufacturer's suggested installation instructions and manufacturer's
suggested maintenance and inspection procedures.
(c)
Any other information which the Planning Board,
Architectural Review Board or the Zoning Board of Appeals deems reasonable
or necessary in order to review the application.
(d)
Copies (or originals, if requested) of all Federal
Communications Commission (FCC), Federal Aviation Administration (FAA)
and other state, federal and local permits which may be required for
the construction, maintenance or use of the satellite antenna.
(3)
Upon receipt of a completed application, the Zoning
Board of Appeals shall hold and conduct a public hearing with respect
to the application and give notice thereof as provided in this chapter.
(4)
After the public hearing, the Zoning Board of Appeals
may issue a special permit for the installation of the satellite antenna;
provided, however, that the Board must find that the proposed satellite
antenna:
(a)
Does not in any way adversely effect the public
health, safety or welfare.
(b)
Does not interfere with the reasonable use and
enjoyment or aesthetics of abutting properties.
(c)
Will be in keeping and character with the use
of the abutting properties.
(d)
Complies with all other provisions of this subsection
concerning satellite antennas.
(5)
If it is to be erected or placed in the area of the
Village of Owego governed by the Architectural Board of Review, the
application has first to be passed upon by the Architectural Review
Board and that all conditions and requirements imposed by it are complied
with.
(6)
The Zoning Board of Appeals, in issuing a special
permit, may impose conditions requiring suitable screening, fencing,
anticlimb protection and other protective measures as it deems necessary
or proper to reduce or eliminate aesthetic or safety concerns.
(7)
Where there are practical difficulties with respect
to the location of a satellite antenna, the Zoning Board of Appeals
shall have the power in passing upon any application to vary or modify
the regulations contained in this subsection.
(8)
A special permit shall not be issued except in compliance
with the following:
(a)
The satellite antenna shall be confined to rear
yards. On corner lots, the satellite antenna shall be no nearer the
street or road right-of-way line than the sum of the widths of the
two yards fronting on the streets and, in any event, no nearer than
45 feet from any street or road right-of-way line.
(b)
No more than one satellite antenna shall be
located on any lot.
(c)
No satellite antenna shall be installed over
or upon an easement.
(d)
The diameter of the satellite antenna shall
not exceed 12 feet, and the height of any part thereof shall not exceed
15 feet.
(e)
No part of the satellite antenna shall be within
10 feet of the side or rear line of any lot. In determining whether
the installation is the appropriate distance from the property line,
guy wires shall not be considered part of the installation or structure;
however, no guy wires shall be within 15 feet of any bordering property
line.
(f)
The satellite antenna shall be of a generally
solid color, such as black, brown, green or beige or similar muted
color, including solid color mesh construction. The color thereof
may not be altered following the issuance of the special permit.
(g)
The satellite antenna shall be located at ground
level where practicable.
(h)
The satellite antenna shall be installed only
as an accessory structure to an existing building.
(i)
The antenna shall be constructed so that the
center of the antenna is no higher above the base of its mounting
point than 1/2 of the diameter of the circle of the antenna, plus
two feet.
(j)
No antenna shall be located upon any lot except
that lot upon which the building to be served is located.
(k)
The applicant, prior to erection of a satellite
antenna, must first obtain a building permit.
[Added 10-4-1999 by L.L. No. 4-1999]
Special use permits for the placement of philanthropic
or eleemosynary institutions in any zoning district of the Village
may be granted by the Zoning Board of Appeals, provided that, in the
opinion of the Zoning Board of Appeals, the proposed appearance of
the building would be in harmony with the architecture of the neighborhood,
the other provisions of this chapter are complied with and the proposed
use of the building would be compatible with the neighborhood in which
the building is to be located, giving due consideration to the types
of philanthropic or eleemosynary activities to be conducted in the
building, the hours of operation of the building, the traffic, noise
and odors, if any, which will be generated and the uses being made
of other buildings in the neighborhood.
