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Village of Owego, NY
Tioga County
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Table of Contents
Table of Contents
[Added 9-20-2003 by L.L. No. 3-2003]
A. 
High-density/mixed-use neighborhoods accommodate a wide variety of residential and nonresidential uses, building types, and lot sizes. High-density/mixed-use zones must incorporate residential use, business use, create a public realm conducive to pedestrian activity, and provide linkages to adjacent neighborhoods. Ground floor retail, including sales, service, restaurant, and offices with walk-in clientele, is recommended along key frontages in the zone. Civic uses and public open spaces are also important elements of high-density/mixed-use zones. This Zone is designed to foster a vital "Main Street" for adjacent neighborhoods through its lively mix of uses with shopfronts, sidewalk cafes, and other commercial uses at street level overlooked by canopy shade trees, upper-story residences and offices.
B. 
The High-Density/Mixed-Use Overlay District was enacted to establish design parameters for new development or expansion of existing uses for the following purposes:
(1) 
To preserve and reinforce the natural, historic and architectural features of Owego.
(2) 
To establish and promote aesthetic and architectural compatibility within the downtown area.
(3) 
To attract commercial and residential development and redevelopment by establishing conditions that create an aesthetic and pleasant living and working environment in the community.
(4) 
To stabilize and reinforce property values and protect private and public investment.
As used in this chapter:
A. 
The word "shall" is always mandatory.
B. 
The word "lot" includes the word "plot" or "parcel."
C. 
The words "used or occupied," as applied to any land or building, shall be construed to include the words "intended, arranged or designed to be used or occupied."
The following terms are defined as follows for the purpose of the High-density/Mixed-use Overlay District of the Zoning Ordinance. Certain terms in this article are used in very specific ways, sometimes excluding some of the meanings of common usage.
ALLEY
The one-way public right-of-way for vehicles and pedestrians within a block that provides access to the rear of buildings, vehicle parking (e.g., garages), utility meters, and recycling and garbage bins.
AREA
The total area within the property lines, excluding external streets.
AWNING
A cantilevered, projected or suspended cover over the sidewalk portion of the street; also, rooflike coverings of canvas, often adjustable, placed over sidewalks, windows and doors to provide protection from sun and rain.
BALCONY
An exterior platform attached to the rear of a building. Balconies, where required in the building standards, must be roofed and enclosed by railings and posts that extend up to the roof. Balconies aligned vertically on adjacent floors may post up to one another and share a single roof element.
BLOCK
An increment of land comprised of lots, alleys, and tracts circumscribed and not traversed by streets. Blocks shall be measured at the frontage lot lines.
CIVIC USE
Community uses, including meeting halls; libraries; schools; police and fire stations; post offices (carrier and retail units only, no processing and distribution facilities or distribution centers allowed); places of worship; museums; cultural, visual, and performing arts centers; transit centers; government functions and other uses open to the public.
CIVIC BUILDINGS
Those buildings that house civic uses located on sites within the District.
COMMON LOT LINES
Lot lines shared by adjacent private lots.
DORMERS
Small roofed ancillary structures with windows providing light and air to occupiable space within the roof. Dormers are permitted and do not constitute a story so long as they do not break the primary eaves line and are individually less than 15 feet wide.
GARDEN WALL
A masonry wall defining a building line or delineating a private area and which shall be set back not more than eight inches from the property line.
GROUND FLOOR; GROUND STORY
The first level of "Main Street" and live-work site buildings. The next story above the ground floor is the second floor.
LIVE-WORK
A structure that is specifically built to accommodate commercial (retail or office) uses on the ground floor and residential uses on the upper floors. Both the lower and upper levels may be occupied by the same user, however, it is not a requirement for this designation.
LOT
A designated parcel, tract, or area of land having its principal frontage upon a street or a place permitted under the Subdivision Ordinance.[1]
LOT, CORNER
A lot abutting upon two or more streets at their intersection or upon two parts of the same street forming an interior angle.
PARAPET
Where used to limit building height in the Code, parapet height shall be measured at the top of the parapet, including any coping. An additional three feet in height by 12 feet in width is permitted for a section of the parapet emphasizing the buildings. Additionally, where a roof is utilized for open space and has pedestrian access, additional parapet height may be allowed in order to provide safety.
PORCH
A roofed-over structure projecting from the side or rear wall of a building.
STOOP
A facade aligned close to the frontage line with the ground story elevated from the sidewalk, securing privacy for the windows. This type is suitable for ground-floor residential uses at short setbacks with rowhouses and apartment buildings. An easement may be necessary to accommodate the encroaching stoop. This type may be interspersed with the shopfront.
STREET
Includes all public space (streets, squares, pathways, civic greens), including any transit service operator passenger platforms, but not garage entrys or alleys.
STREETLIGHT
A luminaire installed on both sides of the streets along the street tree alignment line, unless otherwise designated, at intervals of no more than 60 feet, measured parallel to the street.
STREETSCAPE
Improvements to a property, including paving, tree and/or other decorative plantings, and lighting.
STREET TREE
A deciduous canopy shade tree as required in this document. Street trees shall be a proven hardy and drought-tolerant species, large enough to form a canopy with sufficient clear trunk to allow traffic to pass under unimpeded. Street trees shall be planted and spaced 25 to 30 feet on center. Where necessary, spacing allowances may be made to accommodate curb cuts, fire hydrants and other infrastructure elements. At no time may spacing exceed 45 feet on center.
STREET TREE ALIGNMENT LINE
A line along which street trees are to be planted. The street tree alignment line is parallel with the street or square right-of-way and, unless otherwise noted, is four feet from the back of the curb. (Existing trees are not required to be relocated by this requirement.)
STREET WALL
A masonry wall set back (or forward) no more than eight inches from the front property line or adjacent building.
[1]
Editor's Note: See Ch. 175, Subdivision of Land.
[Amended 5-21-2007 by L.L. No. 4-2007]
In HD/MU Districts, the regulations in this article shall apply. The regulations established herein are not intended as a substitute for other district provisions but are additional standards to be met by the applicant or developer, prior to project approval. If there should be a conflict between the provisions of this section and other provisions of the Zoning Code, the HD/MU provisions shall apply.
[Amended 5-21-2007 by L.L. No. 4-2007]
In HD/MU Districts, all new development projects and expansions must submit a site plan showing compliance with regulations stated in the Code. The Village's Planning Board is granted the authority to administer the intent of this district.
A. 
In an HD/MU District, no building or premises shall be used, and no building or part of a building shall be erected, which is arranged, intended, or designed to be used, in whole or in part, for any purpose except the following: residential units of 10 or more an acre; primary retail uses; secondary retail uses; hotel and motel; indoor recreation; professional health services; civic uses.
(1) 
Primary retail uses (generally, uses that provide entertainment or leisure activities, promote high walk-in customer counts, or are shopping destinations):
(a) 
Art or antique shop.
(b) 
Book, stationary, or card store.
(c) 
Coffee shop.
(d) 
Home furnishings or appliances.
(e) 
Florist or gift shop.
(f) 
Hardware or paint store.
(g) 
Ice cream or confectionary store.
(h) 
Interior decorating.
(i) 
Leather goods/luggage.
(j) 
Newsstand.
(k) 
Optical store.
(l) 
Secondhand or consignment.
(m) 
Specialty food store (bread, wine).
(n) 
DVD/videotape or record store.
(o) 
Electronics store (with special exception use permit).
(p) 
Bowling alley.
(q) 
Bakery.
(r) 
Clothing shop.
(s) 
Delicatessen.
(t) 
Drugstore.
(u) 
Grocery.
(v) 
Hobby or handcraft store.
(w) 
Indoor theaters.
(x) 
Jewelry store.
(y) 
Meat or fish market.
(z) 
Nursery, flower, or plant store.
(aa) 
Restaurant.
(bb) 
Shoe store.
(cc) 
Sporting goods store.
(dd) 
Day spa.
(ee) 
Nightclubs and restaurants with entertainment.
(2) 
Secondary retail uses. (generally, uses that provide personal or business services):
(a) 
Bank or financial institution.
(b) 
Barbershop or beauty salon.
(c) 
Business college.
(d) 
Clothes cleaning or laundry service.
(e) 
Employment agency.
(f) 
Insurance sales.
(g) 
Medical or dental offices.
(h) 
Office (such as real estate).
(i) 
Printing.
(j) 
Tax service (with special exception use permit).
(k) 
Massage parlor.
(l) 
Trade or commercial school.
(m) 
Photo copy service.
(n) 
Catering establishment.
(o) 
Dance studio.
(p) 
Health club.
(q) 
Locksmith.
(r) 
Music conservatory or music instruction.
(s) 
Photo studio.
(t) 
Tailor or dressmaker.
(u) 
Mortuary or funeral home.
B. 
See § 195-32 of this chapter for buildings and uses in flood areas.
[Amended 5-21-2007 by L.L. No. 4-2007]
The intent of the building standard is to shape a vital public space in the Village of Owego through placement and controls on private buildings. The building standards aim for the minimum level of control necessary to meet the goal.
A. 
All lots shall have frontage on a street.
B. 
Buildings shall be a maximum of 70 feet in height, with a two-story, twenty-five-foot minimum.
C. 
Common wall buildings containing a residential use of 20,000 square feet or more are required to include civic space in the development plan.
D. 
Rear doors, loading docks, and service entries shall be prohibited along street frontages.
E. 
One principal building and one outbuilding may be built on each lot.
F. 
Overhead garage doors shall be fronted on alleys.
G. 
All new construction shall have building frontage to lot lines or shall be constructed at the same distance as adjacent buildings, whichever is closer to the street.
A. 
Surface parking shall be in the rear of the building.
B. 
Private parking ratios. (These requirements may be met on the site, or on other sites by evidencing appropriate documentation of agreements.)
(1) 
Residential uses: minimum one space per 1,000 square feet of gross floor area (or one per unit, whichever is less) and a maximum of two spaces per 1,000 square feet of gross floor area (or three per unit, whichever is less).
(2) 
Other uses: for sites under 20,000 square feet in land area, no on-site minimum parking requirements, and a maximum of one space per 500 square feet of development.
(3) 
For sites over 20,000 square feet in land area: a minimum parking requirement of one space per 1,000 square feet of gross floor area, and a maximum parking requirement of one space per 500 square feet.
C. 
Alleys shall provide access to the rear of all lots. Alley construction is required as part of the redevelopment project, unless an alley already exists.
D. 
On sites with no alley access, there shall be a twenty-five-foot setback from the rear lot line. This area shall be maintained at a minimum by sodding and providing routine landscape maintenance and kept clear of debris, stored materials, and vehicles.
E. 
Vehicle access to parking and service areas shall be through the alley side only, including corner lots.
F. 
Curb cuts shall be limited to no more than one per 200 feet of street frontage.
G. 
Wherever feasible, shared parking or the use of public parking lots is encouraged.
H. 
For residential buildings, one bicycle parking space shall be provided for every five residential units.
I. 
All bicycle parking facilities which are provided should be highly visible to intended users and protected from rain and snow within a structure. The bicycle parking facilities shall not encroach on any area in the public right-of-way intended for use by pedestrians.
J. 
For every parking structure constructed, an area of 10 feet by 20 feet shall be used for bicycle parking.
K. 
Parking structures shall be built to lot lines and may feature retail stores on the at-grade level. Such total structures shall be no less than three stories.
L. 
Parking structures shall have an architecturally furnished facade complementary of adjacent buildings.
M. 
Facades of parking structures shall be designed so that parked vehicles are reasonably obscured from view. Facades shall camouflage the incline of interior levels from public view.
The purpose of the streetscape standards is to ensure coherent streets and to assist builders and owners with understanding the relationship between public space and their own building. These standards set the parameters for planting trees and/or other amenities on or near each building site.
A. 
Street trees shall be planted at the time of development and spaced 25 to 30 feet on center. Where necessary, spacing allowances may be made to accommodate curb cuts, fire hydrants and other infrastructure elements.
B. 
Streetlights shall be installed on both sides of streets, along the street tree alignment line, unless otherwise designated, at no more than sixty-foot intervals measured parallel to the street. At the time of development, the developer is only responsible for the installation of streetlights on the side(s) of the street being developed.
C. 
Street trees are part of an overall streetscape plan designed to give special character to each street and coherence to each area.
D. 
The desired aesthetic shall be achieved through the use of native/proven hardy adapted species, where reasonable.
E. 
Building facades are the public face of every building. Owners are encourages to place planters and window boxes with flowering plants and/or climbing vines along the area in front of their buildings.
F. 
Any unpaved ground area fronting the lots (to the curbs) shall be planted with groundcover or flowering vegetation.
G. 
Sidewalks are a minimum six feet wide and shall be constructed to meet all Village specifications.
H. 
Consistency of paving materials within a project and within a block is required.
I. 
Developer/property owner is required to construct and maintain all streetscape improvements as part of the redevelopment project, including:
(1) 
Installing or replacing sidewalks, to include curbs and gutters; and
(2) 
Undergrounding utilities;
(3) 
Constructing other public spaces, such as greens and squares or alleys, where indicated on the development plan;
(4) 
Dedicating public access easements;
(5) 
Installing street furniture (benches, trash receptacles, bicycle racks, etc.); and
(6) 
Installing street trees and streetlights as prescribed herein.
The following list contains all species approved for use in an HD/MU District. It contains native and acceptable adapted species. Other species may be used for planting within a lot. Invasive exotic species may not be used anywhere on lots or other areas within the district. Modifications to this list may be made at a future date.
Botanical Name
Common Name
Acer campestre
Hedge maple
Acer nigrum
Black maple
Acer platanoides
Norway maple
Acer rubrum
Red maple
Celtis laevigata
Sugar hackberry
Fraxinus Americana
White ash
Fraxinus pennsylvanica
Green ash
Ginkgo biloba
Ginkgo (male only)
Liguidambar styracifolia
Sweetgum
Nyssa sylvatica
Tupelo black gum
Quercus rubra
Red oak
Quercus velutina
Black oak
Tilla tomentosa
Silver linden
Tilla American
Basswood
Ulmus Americana
American elm
Zelkova serrata
Japanese zelkova
Carya ovata
Shagbark hickory
Platanus occidentalis
Sycamore
A. 
Intent. Materials and equipment chosen for lighting fixtures should be durable and weather well.
B. 
Appropriate lighting is desirable for nighttime visibility, crime deterrence, and decoration. However, lighting that is too bright or intense creates glare, hinders night vision, and creates light pollution.
(1) 
Streetlights. The "King" luminaire, or other streetlights as the Village specifies, shall be used in the HD/MU District.
(2) 
Streetlight fixtures shall be between nine and 12 feet in height and have a maximum average spacing of 60 feet.
(3) 
At the front of the building, exterior lights shall be mounted between six feet and 14 feet above adjacent grade.
(4) 
Lighting elements shall be incandescent, metal halide, or halogen only. No fluorescent lights (except compact fluorescent bulbs, which screw into standard sockets) may be used on the exterior of buildings.
(5) 
Floodlights or directional lights may be used to illuminate alleys, parking garages, and working (maintenance) areas but must be shielded or aimed in such a way that they do not shine into other lots.
(6) 
Floodlighting shall not be used to illuminate building walls.
(7) 
Site lighting shall be of a design and height and shall be located so as to illuminate only the lot. Exterior lighting must be approved with the site plan.
(8) 
All external light sources shall be designed to direct glare away from adjacent streets, properties and the sky.
(9) 
No flashing, traveling, animated, or intermittent lighting shall be visible from the exterior of any building, whether such lighting is of temporary or long-term duration.
(10) 
Mechanical and electrical equipment including but not limited to air compressors, pumps, exterior water heaters, water softeners, private garbage cans (not including public sidewalk waste bins), and storage tanks may not be stored or located within any street.
(11) 
Roof-mounted equipment shall be placed away from the building line and be screened from the view of the street.
The goal of the architectural standards and guidelines is a coherent and pleasing architectural character that is complementary to the best local traditions. The architectural standards govern a building's architectural elements and set the parameters for allowable materials, configurations, and construction techniques.
A. 
All architectural openings, including windows, doorways, arches and porch framing, shall be constructed with their height equal to or greater than their width and framed by appropriately scaled lintel or arch at the top and sill at the bottom.
B. 
Mechanical systems proposed for rooftops may exceed the maximum height requirements, provided they are architecturally screened and set back from the building facade.
C. 
The rhythm and proportions of architectural openings shall complement that of adjacent buildings and concentrate windows and openings at the street level.
D. 
Recommended facade materials include common red brick, special masonry units, natural stone, or wood. Facade materials such as beige, multitone or imitation brick siding, bare masonry units, metal, asphalt and exterior insulation furnish systems (EFIS) shall be prohibited.
E. 
Recommended trim materials include finished grade, painted, or stained wood. Trim materials such as bare lumber grade wood or plywood shall be prohibited.
F. 
Canvas awnings should be incorporated into the facade and used. Plastic awnings shall be prohibited.
G. 
Buildings situated at corners shall wrap the corner by continuing facade elements, such as the cornice or other horizontal features on all street elevations.
H. 
A building permit shall be required for the installation of all yard fences that exceed 42 inches in height. All yard fences shall be erected with the finished facade of the fence facing the outside perimeter of the area to be fenced and shall comply with all other relevant rules, regulations and laws not inconsistent with this provision.
[Amended 6-16-2009 by L.L. No. 3-2009]
A. 
Intent. Roofs and parapets should demonstrate a common-sense recognition of the climate by utilizing appropriate pitch, drainage, and materials in order to provide visual coherence to the Village of Owego.
B. 
Recommended roof materials include clay or concrete (faux clay), tile, slate, metal and dimensional asphalt shingles, and cornices and soffits may be a combination of wood, vinyl, and/or metal.
C. 
The primary ridge beam shall run parallel to the street.
A. 
Intent. Windows shall hold the surface of the facade, rather than appearing like a "hole" in the wall, an effect that can be produced by a large single sheet of glass.
B. 
Materials:
(1) 
Windows shall be of anodized aluminum, wood, clad wood, vinyl, or steel.
(2) 
Window glass shall be clear, with light transmission of at least 90% on the ground floor and 75% for the upper stories. Specialty windows may utilize stained, opalescent glass.
(3) 
Screen frames shall match window frame material or be darkened anodized.
(4) 
Doors shall be of wood, clad wood, or steel.
(5) 
Exterior shutters, if applied, shall be sized and mounted appropriately for the window (1/2 the width), even if inoperable.
(6) 
Awnings must be a minimum clear height of 10 feet above the sidewalk and a minimum depth of five feet out from the building facade.
(7) 
Awnings shall have no internal illumination.
(8) 
Awnings must be the same shape as the windows and should cover no more than the upper third of the window.