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.
An aviation landing field is permitted only after the issuance of a special permit for said use has been obtained from the Zoning Board of Appeals, provided that the special permit use complies with §§
195-22B and
C and
195-115 of this chapter.
[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.