[Amended8-2-2011 by L.L. No. 3-2011; 9-18-2024 by L.L. No. 15-2024; 10-15-2025 by L.L. No. 6-2025]
A. Purpose: to establish a carefully designed development plan for the riverfront area that will implement the planning goals and objectives of the Comprehensive Plan and the Local Waterfront Revitalization Plan and protect the environment and public health, safety and general welfare of the community. This purpose will be achieved by:
(1) Permitting recreational, open space, commercial, and business uses that will benefit from and, in turn, enhance the unique aesthetic, recreational, historic and environmental qualities of the waterfront area.
(2) Providing amenities, services and attractions that will draw people to the riverfront and encourage public use and enjoyment of the area.
(3) Permitting and encouraging water-dependent and water-related uses of the area in a manner consistent with the vision and priorities expressed in the Comprehensive Plan and the Village's Local Waterfront Revitalization Plan (LWRP), if applicable.
(4) Maximizing opportunities for public ingress to, egress from, access to and enjoyment of the riverfront area and shoreline.
(5) Protecting the water quality of the streams and watercourses leading into the Hudson River, including fish, wildlife and natural vegetation.
(6) Protecting the sensitive aesthetic, recreational, historic and environmental features that exist in the waterfront.
(7) Preserving views of the Hudson River and Hudson Palisades for the maximum enjoyment and benefit by the community as a whole.
(8) Encouraging the development of attractive, functional and appropriately scaled uses along the riverfront in a manner that will provide economic support for the Village while affirming the character of the Village as a locus of riverfront activity. Development or redevelopment should:
(a) Encourage a proper balance of water-oriented uses, including access to and enjoyment of the waterfront area that will be compatible with other waterfront uses and objectives detailed in the Comprehensive Plan and, if applicable, LWRP, and will encourage the overall development of the Village of Ossining.
(b) Encourage appropriate uses of this area to preserve and enhance mixed use of old industrial buildings that bring creative small businesses, artisans and entrepreneurs to the community and support the Village's economy.
(c) Bring people to the waterfront area and ensure appropriate density of commercial development.
(d) Ensure appropriate location and screening of parking, utility installations and accessories, lighting and sign locations.
B. Uses. Permitted principal, accessory, conditional and special permit uses in the RDD shall be as provided in Appendix A.
(1) Applications can be made for a special permit allowing for warehouse and freight movement associated with another permitted or conditional use already permitted in the RDD based upon the procedures outlined in Article
XI of this chapter.
C. Accessory uses. In addition to the requirements found in §
270-26, the following permitted accessory uses shall be subject to the following requirements:
(1) Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
(2) Wading pool or swimming pool incidental to the use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of §
270-32 or §
270-33.
D. Bulk requirements. Bulk requirements in the RDD shall be as provided in Appendix B and subject to the additional requirements specified in this section and elsewhere in this chapter.
E. Parking requirements. Parking requirements in the RDD District shall be as provided in Appendix C and subject to requirements specified elsewhere in this chapter.
F. Special provisions applicable to the RDD.
(1) Calculating lot area. Land below the minimum high-water mark of the Hudson River shall not be deemed developable for the purposes of calculating lot area or coverage.
(2) Riverfront setback. No building, structure, parking area or loading area shall be located within 50 feet of the more inland of: the normal high-water line of the Hudson River or, if present, the inland edge of a riprap or other embankment that runs parallel to the Hudson River channel, unless its design requires a location closer to such waterline, as determined by the Planning Board; provided, however, that the Planning Board shall not permit the distance to be any less than 25 feet. Said setback of 50 feet shall be derived by measuring the average distance from any building or structure to the more inland of the normal high-water line of the Hudson River or the inland edge of a riprap or other embankment, if present, that runs parallel to the Hudson River channel. In the case where it is demonstrated to the Planning Board that the setback area is necessary to be used for parking and loading purposes due to the nature of the parcel of land, the proposed use of land, site layout and design and that the use of the setback area shall not significantly negatively impact the Hudson River, or areas prone to flooding, the riverfront setback may be reduced further as agreed to by the Planning Board during site plan approval.
(3) Open space and water-related activities. Open space and water related activities should be maximized. To the greatest extent reasonably practicable, any open space proposed on site plans of adjoining properties should be connected and coordinated.
(4) Building width and open area. The total cumulative width of buildings, structures, solid fences and walls more than 36 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line substantially parallel to the Hudson River, and the maximum building width for each structure or building shall not be more than 75 feet measured along a line substantially parallel to the Hudson River. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the Planning Board approves more than one view corridor totaling 30%. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(5) View corridor preservation. Views of the Hudson River and/or natural features, including forested lands that are identified by the Planning Board as important, shall be studied during site plan review. Site layout and design shall consider public views and view corridors and shall also consider the importance of views of the Village from the Hudson River. A view corridor analysis, including photo simulations showing the building(s) from public vantages identified by the Planning Board, shall be required. The visual impact of buildings or portions of buildings that can be seen from public streets or spaces shall be mitigated to the maximum extent practicable by reducing the height of the building, changing the design of the building or moving the structures to alternate locations on the site. Providing landscape screening is not an alternative to reducing building height or placement of the building in a less visible location. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(6) Planning Board factors for review. In addition to the considerations set forth in §
270-52, the Planning Board shall consider the following factors during its review of site plan applications for development within the RDD district:
(a) The proposed use and how it achieves the purposes outlined in Subsection
A above. An important factor is creating a waterfront that will draw people, commercial businesses and public use and enjoyment.
(b) The quality and extent of views from the adjacent public streets and spaces through the property to the Hudson River.
(c) The design and relationship of development to the waterfront as viewed from the Hudson River.
(d) The design and function of any easement or other public access provided to the water's edge, including new bulkheading.
G. Planned Waterfront and Railway Development (PWRD) Overlay.
(1) Policy. Among the goals of the Village of Ossining in creating and administering the PWRD use are the elimination of nonconforming uses, protection and encouragement of water-dependent and water-enhanced uses and promotion and development of mixed residential, retail, commercial and open space uses on the waterfront.
(a) This special permit use is created in furtherance of the Comprehensive Plan for the Village and the Local Waterfront Revitalization Program (LWRP), as amended, and the Main Street and Waterfront Plan by Christopher Chadbourne & Associates, September 1994, revised 1995.
(b) PWRD use and design controls are intended to enable the development of more desirable living and working environments than might otherwise be possible through the strict application of other sections of this chapter.
(c) It is the policy of the Village of Ossining that PWRD special permit approval will be granted by the Village Board, subject to the criteria and special requirements set forth below.
(2) Criteria for PWRD special permit approval:
(a) The minimum site area shall be three acres. Note: "Site area" shall be defined in accordance with Subsection H(6)(a).
(b) The site shall have frontage on the Hudson River and be within 500 feet of a railroad station, in order to ensure the promotion, access and use of the waterfront while reducing the need for and impact of vehicular traffic. The five-hundred-foot distance shall be measured from the station or depot building and shall not be measured from station platforms, parking areas or other accessory structures or facilities. For purposes of this special permit use only, a site shall be deemed to have frontage on the Hudson River if it is contiguous to land owned by the Village which fronts on the Hudson River and which is to be improved by the applicant for public access in accordance with Subsection H(2)(c) below and an agreement made between the Village and the applicant.
(c) At least 95% of the site frontage along the Hudson River shall be provided as permanent publicly accessible open space in the form of park areas, passive and/or active recreation areas, children's playgrounds, plazas, pedestrian promenades, boardwalks or other similar facilities. Said open space shall have a minimum depth of 20 feet measured from the bulkhead line, or mean high-water line if no bulkheading is present.
(d) The site development plan shall provide that at least 50% of the gross project area be permanent publicly accessible open space, which shall incorporate all the Village's policies concerning waterfront access, especially park areas, pedestrian waterfront promenades, boardwalks or other similar facilities. For purposes of this special permit use only, the "gross project area" shall include any parcel of land contiguous to the site which is owned by the Village and which is to be improved by the applicant for public access in accordance with Subsection H(2)(c) above and an agreement made between the Village and the applicant.
(e) The site development plan shall provide for unrestricted public access to the waterfront, subject to the terms herein:
[1] The site development plan shall provide for a mix of the uses set forth in Subsection H(2)(d) immediately below, in any ratio, provided that a minimum of 50% and a maximum of 97% of the building area shall be residential;
[2] At least 80% of the required parking must be provided in on-site structured parking;
[3] The applicant must demonstrate, to the satisfaction of the Village Board, that the requested density is justified by the costs of the proposal, including remediation costs associated with any environmental conditions on the site, proposed public space improvements, maintenance and security costs for the public space, the costs of structured parking and other similar factors;
[4] At least 10% of any residential units must be set aside as affordable housing units pursuant to Chapter
62, Affordable Housing; and
[5] All buildings must be designed to reduce impacts on views both to and from the Hudson River to the maximum extent practicable.
(3) Permitted uses.
(a) Restaurants other than drive-in restaurants;
(b) Parks and recreational facilities, including outdoor performing arts space, piers and docks, including kayak-launching ramps and related uses;
(c) Marinas, including related uses such as boat dockage, clubhouses, locker rooms, equipment sales, eating facilities and boat service facilities;
(d) Ferry services, commercial excursion and fishing charter facilities;
(e) Marine educational facilities;
(f) Retail and professional/personal service establishments;
(h) New construction of multiple-dwelling units with up to three bedrooms per unit, including buildings for condominium, fee simple, cooperative or rental occupancy;
(i) Parking garage structures. With respect to the dimensions of the parking spaces in such a structure, notwithstanding the provisions of this chapter regarding off-street or parking lot dimension requirements, such requirements shall be:
[1] Minimum standard parking space size shall be 8.5 feet by 18 feet;
[2] Minimum compact parking space size shall be eight feet by 16 feet; and
[3] Minimum aisle width for two-way traffic shall be 22 feet.
(j) Public utility buildings or structures;
(l) Residential apartment buildings operated by the owner of a lower floor business; and
(m) Specifically prohibited are uses involving biochemical, biological or animal testing laboratories.
(4) Accessory uses.
(a) Any use which is customarily incidental and subordinate to the principal use on the same lot;
(b) Signs accessory to an establishment located on the same lot, subject to the requirements of Appendix A; and
(5) Special requirements. Note: Notwithstanding the provisions of this or any other section of this subsection, the Village Board may waive or alter the provisions of this Subsection H(5) where such waiver or alteration is deemed to further the purposes of this section and the policy set forth in Subsection H(1).
(a) No building or part thereof shall be situated within five feet of any street line or lot line, except that this distance shall be increased to 50 feet where the building or part thereof abuts a residential district;
(b) The minimum distance between principal buildings shall not be less than 50 feet;
(c) All uses and activities which occur in the Hudson River (i.e., docks, disposal of waste) are subject to the regulations of this zone in addition to all other laws and regulations that may apply;
(d) No portion of land below the mean high-water mark can be counted into calculations of allowable density;
(e) New or expanded marinas shall include pump-out facilities and shall require that their clients utilize the same;
(f) Paved walkways for pedestrian access and/or emergency access shall be permitted within a buffer area adjacent to a watercourse; and
(g) The watercourse buffer required pursuant to §
270-28 of this chapter shall include any yard and setback requirements established herein.
(6) Design standards.
(a) For purposes of this special permit use only, "site" shall be defined as the land under the ownership or control of the applicant, whether or not lot lines separate that tract of land, and whether or not any parcels within that tract of land are separately taxed, so long as all such parcels and/or lots are contiguous to one another;
(b) Maximum FAR (ratio of floor area of principal buildings, excluding any parking structures and/or mechanical/utility areas, to total land area of site): 1.5;
(c) Maximum net density for residential uses: 48 units per acre;
(d) Maximum number of bedrooms per unit: three;
(e) Maximum building height: 80 feet. For purposes of a PWRD, and notwithstanding anything to the contrary in this chapter, height of a building shall be measured from the average finished grade to the level of the highest point of the roof if the roof is flat or to the mean level between the eaves and the highest point of the roof if the roof is of any other type;
(f) Parking:
[1] Residential uses: 1.5 spaces per dwelling unit;
[2] Nonresidential uses: 4.25 spaces per 1,000 square feet.
(g) PWRDs, to the extent possible, shall maintain existing views of the Hudson River from adjoining and nearby properties and streets in the Village of Ossining. The applicant shall demonstrate this by providing computer simulations or models of the project, with views from both the Hudson River (to the east) and towards the Hudson River (to the west); and
(h) All developments shall, where it is deemed reasonable, practicable and appropriate by the permitting authority, provide:
[1] Continuous and improved pedestrian access along or through the site;
[2] Improved public access along the water's edge, including pedestrian walkways, open space areas and promenades. Where necessary for security purposes, reasonable restrictions on all publicly accessible open space may be imposed by the Village Board in accordance with similar restrictions placed upon other Village-owned public recreational/open areas; and
[3] Uses open to the public, such as restaurants, shops or marinas.
(7) Determination of density.
(a) For purposes of determining allowable density, the area of the site shall be calculated in accordance with Subsection H(6)(a);
(b) The transfer of real property interests to the municipality within the rezoned site shall not reduce the site area for purposes of determining allowable density, provided that said transfer occurs after approval of the project has been granted; and
(c) Municipal or private easements or rights-of-way within the site shall not be deducted from the site area for the purpose of calculating the allowable density.
(8) Application for site development plan approval. The procedure for submission, review and approval of a site development plan for this use shall be in accordance with the procedures and standards set forth in §
270-52 thereof, except that the approval authority for the site development plan shall be the Village Board.
