The provisions of this chapter shall be subject
to such exceptions, additions or modifications as herein provided
by the following supplementary regulations.
The limitation of height shall not apply to
chimneys, aerials, silos, ventilators, skylights, tanks and other
necessary features usually carried above roofs; nor to towers or spires
of churches or other buildings. This section does not apply to advertising
or display signs.
Nothing in this chapter shall prohibit the erection
of a one-family dwelling on any lot of less than the required area,
provided that all other provisions of this chapter are complied with
if such lot, at the time of the passage of the ordinance from which
this chapter is derived, was held under separate ownership or lesseeship
from the adjoining lots.
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
20 feet distant from the point of intersection, measured along said
street lines. In such area, no foliage, shrubbery, fence or other
obstructions shall be permitted higher than three feet, nor low foliage
or branches of trees less than 12 feet from the ground.
A.
One automobile parking space consisting of at least
200 square feet and not located on a public street or highway and
necessary egress and ingress to said parking space, shall be provided
for:
(1)
Each dwelling unit.
(2)
Each guest room in boarding- and rooming houses,
residential hotels, motels, tourist homes and similar uses.
(3)
Each five seats in churches, theaters and other
places of assembly.
(4)
Each 100 square feet of gross floor area in
the main structure of restaurants, tearooms, places of public amusement
and similar uses.
(5)
Each 100 square feet of gross floor area in
the main structures of business offices, professional offices, banks
and similar uses.
(6)
Each 500 square feet of gross floor area in
the main structure or structures used primarily for wholesale trade,
storage or warehousing.
(7)
Each 100 square feet of gross floor area in
the main structure of retail business uses.
(8)
Each 200 square feet of gross floor area of
industrial uses.
B.
"Gross floor area" as used herein shall mean the area
of space contained within the room or rooms in the main structure.
C.
In CB Districts only, new and altered structures may
be permitted to waive the requirements of this section.
[Amended 8-17-1970]
No billboard, poster, panel, advertising sign
or display sign shall be erected or maintained in any district except
as hereinafter provided.
A.
Residential districts. In residential districts, no
advertising sign or structure will be permitted except that:
(1)
One small announcement or professional sign,
not to exceed two square feet in area, may be erected only in connection
with a customary home occupation, profession or business permitted
in such district or districts.
(2)
One sign for each tourist home, not to exceed
three square feet in area, may be erected where permitted in such
districts.
(3)
One sign not to exceed six square feet stating
that the real property or a part thereof upon which said sign is located
is for sale or rent.
(4)
One sign for each church or institutional building,
not to exceed 16 square feet in area, may be erected where permitted
in such districts.
[Amended 5-18-1992 by L.L. No. 2-1992]
B.
The signs or bulletin boards referenced in Subsections A(1) through (4) above shall also be subject to the following regulations:
[Amended 5-18-1992 by L.L. No. 2-1992]
(1)
Signs or bulletin boards listed above shall
be set back from the street line 1/3 the distance of any required
yard, but shall in no instance be closer than eight feet to any lot
line.
(2)
Said signs may contain words or other display
on either one or both sides.
(3)
Framing around said signs shall not exceed two
inches in width.
(4)
The bottom of any freestanding signs (those
not attached to a structure) shall be no higher than three feet above
the ground.
(5)
Signs may be illuminated by external light(s)
only. No internally illuminated, neon and/or flashing lights shall
be permitted.
(6)
Lighting for signs shall not be allowed to shine
on or reflect off of neighboring property.
C.
RA Districts. In RA Districts, display signs may be permitted only after permission has been granted by the Architectural Review Board. Such signs that are permitted shall be of the kind and type described in Subsection A.
D.
B and I Districts. Within B and I Districts only,
one single-faced or double-faced advertising sign or structure shall
be permitted and such sign or structure:
(1)
Shall not exceed one square foot for every two
linear feet of street frontage on any lot upon which said billboard
or display sign is located; but in no case shall any such billboard
or display sign exceed 300 square feet in usable display area.
(2)
Shall be located 25 feet or more from any street
or highway right-of-way line and shall be three feet or more clear
above the ground and shall be 10 feet or more from any lot line.
(3)
Shall not exceed a height of 23 feet above the
ground.
(4)
Shall be located at least 300 feet or more from
any public school, public park or playground, hospital, church or
other similar places of public assembly.
(5)
Shall be located in such a manner so as not
to be in the same line of vision as traffic-control signals; if for
some reason this alignment is not possible, no red, green or amber
illumination or reflection shall be permitted.
(6)
Shall be maintained by the owner or lessee to
the satisfaction of the Superintendent of Public Works or any other
official designated by the Board of Trustees.
E.
CB Districts. Advertising signs or structures shall be permitted in CB Districts only as described in § 195-84H.
F.
R4 Districts. Within R4 Districts, advertising signs
or structures shall be permitted and such sign or structure shall
in all respects strictly comply with the following:
[Added 5-20-1996 by L.L. No. 2-1996]
(1)
Size. Such signs shall not exceed nine square
feet.
(2)
Quantity.
(a)
Only one single-faced or double-faced advertising
sign structure shall be permitted on each parcel.
(b)
Auxiliary sign.
[1]
There may be one additional auxiliary sign per
site inclusive of a directory menu board.
[2]
Said auxiliary sign or directory menu board
must conform to the sizes listed above.
[3]
Said auxiliary sign or directory menu board
shall be mounted on the structure or building used for business on
the premises.
(c)
Where more than one party (all of whom are in
the same profession) share a building/structure, each principal party
may have a signature addition suspended or attached to said sign.
However, the permitted overall dimensions of such advertising, auxiliary,
directory or menu sign shall not be increased by the addition of said
signature addition.
(3)
Lighting.
(a)
No neon lighting of any kind shall be permitted.
(b)
External lighting of a sign shall conform to
the following:
[1]
Such lighting shall be located in such a manner
so as not to be in the same line of vision as traffic-control signals,
if any, and no red, green or amber illumination shall be permitted.
[2]
Such lighting shall be nonflashing, indirect
or diffused.
[3]
Such lighting shall be so constructed so that
the illumination shall not shine or reflect light into adjacent properties.
(4)
Projection; overhang.
(a)
No sign governed by this section shall project
more than three feet from a structure.
(b)
All signs governed by this section shall have
a minimum ground clearance of three feet, except if they project over
a walkway, in which event they must then have a minimum clearance
above the ground of 10 feet.
(5)
Placement. All signs must be located at least
eight feet from the nearest public sidewalk or lot line.
G.
Illumination of signs. Within any district where a
billboard, poster, panel, advertising sign or display sign is permitted,
the illumination of such sign shall be nonflashing, indirect or diffused
and shall be so constructed so that the illumination shall not shine
or reflect light into adjacent properties.
H.
CB Districts, business directional signs. Nothing
herein shall be interpreted as prohibiting the erection of tourist
oriented business directional signs as hereinafter described in CB
zoned districts in accordance with the following:
[Added 6-28-1982 by L.L. No. 3-1982]
(1)
The overall dimension of each rectangular business
directional sign shall not exceed three feet by two feet.
(2)
Each business sign shall only contain the name
of one business, a logo, if desired, an arrow pointing in the direction
of the business and the distance to the establishment.
(3)
Such business directional signs may be erected
only by businesses providing food, gasoline and overnight lodging
and camping as a major portion of its business.
(4)
Such signs may be located only on property owned
by private individuals and may not be located on state, Village or
county lands or within their rights-of-way.
(5)
No more than two business signs may be erected
within 200 feet of each other.
(6)
Such signs may be located only within 500 feet
of the intersection of state highways.
(7)
Such signs may be made of any conventional weather-resistant
and rigid sign material acceptable to the Village Code Enforcement
Officer.
(8)
Such signs shall have a white legend on a blue
background with a one-half-inch white border. The legend shall be
in white and in lettering at least six inches high. Nationally approved
symbols for services may be incorporated as alternates to work messages.
(9)
Such signs shall be removed if the business
ceases to operate for a continuous period in excess of six months
in any one twelve-month period.
(10)
Prior to the installation or erection of any
business directional sign, the owner of said sign shall obtain and
provide to the Village Code Enforcement Officer the consent, in writing,
of the person in control of the property or of the exterior walls
of the building.
(11)
In the event that the State of New York Department
of Transportation allows a general Village of Owego business or tourist
advertising sign, which sign contains directions to local business
without the need for additional business directional signs within
the CB District of the Village, then all business directional signs
erected or installed pursuant to this section shall be removed within
30 days thereafter, and all business directional advertising shall
thereafter be confined to the general business or tourist advertising
sign.
An aviation landing field is permitted in business and industrial districts subject to the issuance of a special permit by the Board of Appeals as provided in §§ 195-31 and 195-37 of this chapter. The following regulations shall also apply:
A.
The petitioner shall submit with his petition evidence
that the aviation landing field plan and takeoff and landing patterns
comply with existing regulations as prescribed by state and/or federal
air transportation and commerce regulatory authorities. Approval by
said authorities, however, shall not obligate the Zoning Board of
Appeals to issue the requested special permit.
[Added 10-18-1982 by L.L. No. 6-1982]
A.
ADULT CABARET
ADULT ENTERTAINMENT BUSINESSES
(1)
(2)
(3)
(4)
SEXUAL CONDUCT
SPECIFIED ANATOMICAL AREAS
Definitions. As used in this section, the following
terms shall have the meanings indicated:
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, go-go dancers, strippers, male or female impersonators
or similar entertainers for observation by patrons.
[Added 4-21-1997 by L.L. No. 3-1997]
ADULT BOOKSTORE- An establishment having as a significant portion of its stock-in-trade books, films, pamphlets, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
ADULT MINI MOTION-PICTURE THEATER: An enclosed
building with a capacity of less than 50 persons used for presenting
material distinguished or characterized by an emphasis on depicting
or describing sexual conduct or specified anatomical areas.
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 depict or describe sexual conduct or specified anatomical areas.
ADULT MOTION-PICTURE THEATER- An enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.
Includes the following: human genitals, pubic region, buttocks
and female breasts below a point immediately above the top of the
areola.
B.
Limitation and prohibition.
(1)
No adult entertainment business, as defined in Subsection A above (i.e., adult bookstore, adult mini motion-picture theater, adult motion-picture arcade, adult motion-picture theater), shall be established within 500 feet of any church, school, playground or any area zoned residentially by this chapter (i.e., RA, R1, R2 or R3 District) or within 1,000 feet of any existing adult entertainment business.
(2)
The establishment of an adult entertainment business shall include the opening of such business as a new business, the relocation of such business, or the conversion of an existing business location to any of the uses described in Subsection A hereof.
(3)
No adult entertainment business shall be conducted
in any manner that permits the observation of any material depicting,
describing or relating to specified sexual activities or specified
anatomical areas from any public way or from any property not registered
as an adult entertainment business. This provision shall apply to
any display, decoration, sign, show window, screen or other opening.
[Added 4-21-1997 by L.L. No. 3-1997]
C.
Measurement of distances. For the purpose of this
section, measurements shall be made in a straight line without regard
to 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 line of land upon which
is situated a school, church or playground or to the nearest dividing
line which establishes the boundary of an RA, R1, R2 or R3 Residential
District.
D.
Penalty. The penalty for each violation of the provisions
of this section shall be by a fine not to exceed $250 or by imprisonment
for not more than 15 days, or both, for each offense. A conviction
of an offense against this chapter shall constitute a violation. Each
such violation shall constitute a separate violation.
[Added 4-21-1997 by L.L. No. 3-1997]
No automobile junkyard shall be permitted in the Village after February 1, 1968, unless it is in compliance with the provisions of this chapter, including the provisions of § 195-38.
