A.
Purpose.
(1)
To maintain the character, scale and density of existing single-family
residential neighborhoods in the Village of Ossining consistent with
the protection and promotion of public health, safety and general
welfare.
(2)
To encourage homeowners to maintain and improve their properties
in keeping with the character of the surrounding neighborhood.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the S-125, S-100, S-75 and S-50 Districts shall be as provided
in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. The following conditional uses shall be subject to the requirements set forth in §§ 270-26 and 270-51 and as set forth below. Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses are permitted, subject to the following:
(1)
The minimum lot size shall be 3.0 acres.
(2)
No building or part thereof or any parking or loading area shall
be located within 75 feet of any street line or lot line.
(3)
The sum of all areas covered by all principal and accessory buildings
shall not exceed 30% of the lot area, and the sum of all areas covered
by impervious surfaces shall not exceed 50% of the lot area.
(4)
The maximum height shall not exceed either 35 feet or 2 1/2
stories.
D.
Additional accessory uses. In addition to the permitted accessory
uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E.
Bulk requirements. Bulk requirements in the S-125, S-100, S-75 and
S-50 Districts shall be as provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the S-125, S-100, S-75
and S-50 Districts shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To maintain the character, scale and density of existing two-family
neighborhoods in the Village of Ossining consistent with the protection
and promotion of public health, safety and general welfare.
(2)
To encourage property owners to maintain and improve their properties
in keeping with the character of the surrounding neighborhood.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the T District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses.
(1)
The following uses shall also be permitted as conditional uses: cemeteries,
places of worship, senior living facilities, elementary or secondary
educational uses and higher learning educational uses are permitted,
subject to the following:
(a)
The minimum lot size shall be 3.0 acres, except for schools
with residential facilities accessory and incidental to an accredited
school and serving no more than 25 students, which may have a minimum
lot size of not less than 1.0 acre undivided by an existing street.
[Amended 1-17-2018 by L.L. No. 1-2018]
(b)
No building or part thereof or any parking or loading area shall
be located within 75 feet of any street line or lot line.
(c)
The sum of all areas covered by all principal and accessory
buildings shall not exceed 30% of the lot area, and the sum of all
areas covered by impervious surfaces shall not exceed 50% of the lot
area.
(d)
The maximum height shall not exceed either 35 feet or 2 1/2
stories.
(e)
Educational uses must include appropriate buffers to screen
the facility from surrounding residences.
[Added 1-17-2018 by L.L.
No. 1-2018]
(2)
In addition to the applicable requirements found in §§ 270-26 and 270-51, the following requirements apply:
[Amended 8-2-2011 by L.L. No. 3-2011]
(a)
Parking uses shall meet the minimum lot area requirement, except
for schools with residential facilities accessory and incidental to
an accredited school and serving no more than 25 students, which facility
must meet or exceed the parking requirements for a senior living facility
as detailed in the Code.
[Amended 1-17-2018 by L.L. No. 1-2018]
[1]
No parking or loading area shall be located within 10 feet of any
street line or lot line, and the Planning Board shall ensure appropriate
screening of parking and loading areas.
(3)
The requirements set forth in § 270-10C(1) and (2) may be waived upon application to the Planning Board where existing buildings are being repurposed and/or reused upon a showing by the applicant of no significant impact on nearby properties, except that the lot size requirements detailed in § 270-10C(1) may not be waived.
[Added 1-17-2018 by L.L.
No. 1-2018]
D.
Additional accessory uses. In addition to the permitted accessory
uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(3)
Clubhouses and community centers constructed within a residential community for use by its residents, which shall be operated by a homeowners' association and subject to the requirements of § 270-27.
(4)
Residential facilities accessory and incidental to an accredited
school, serving no more than 25 students.
[Added 1-17-2018 by L.L.
No. 1-2018]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E.
Bulk requirements. Bulk requirements in the T District shall be as
provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the T District shall
be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To accommodate the need for denser and more compact housing types
in appropriate locations within the Village.
(2)
To maintain the character and scale of existing multifamily housing
developments in the Village of Ossining consistent with the protection
and promotion of public health, safety and general welfare.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the MF-1 and MF-2 Districts shall be as provided in Appendix
A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses.
(1)
The following conditional uses shall be subject to the requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(a)
Cemeteries, places of worship, senior living facilities, elementary
or secondary educational uses and higher learning educational uses
are permitted, subject to the following:
[1]
The minimum lot size shall be 3.0 acres.
[2]
No building or part thereof or any parking or loading area shall
be located within 75 feet of any street line or lot line.
[3]
The sum of all areas covered by all principal and accessory
buildings shall not exceed 30% of the lot area, and the sum of all
areas covered by impervious surfaces shall not exceed 50% of the lot
area.
[4]
The maximum height shall not exceed either 35 feet or 2 1/2
stories.
(b)
Parking uses, nonaccessory, shall meet the minimum lot area
requirement for the district. No parking or loading area shall be
located within 10 feet of any street line or lot line, and the Planning
Board shall ensure appropriate screening of parking and loading areas.
(2)
In addition to the conditional uses permitted in Appendix A,[2] cluster development in accordance with § 270-36 shall be a permitted conditional use.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
D.
Additional accessory uses. In addition to the permitted accessory
uses specified in Appendix A[3] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
[3]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E.
Bulk requirements.
(1)
Bulk requirements in the MF-1 and MF-2 Districts shall be as provided
in Appendix B[4] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[4]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2)
Multifamily dwellings shall be subject to the following requirements:
(a)
The minimum distance between principal buildings shall be not
less than 1.5 times the height of whichever building has a higher
elevation at its highest point, or 25 feet, whichever is more.
(b)
There shall be provided on the same lot suitably equipped and
active landscaped recreation area(s) which shall constitute at least
25% of the required common open space, as approved by the Planning
Board.
(c)
No building shall exceed 160 feet in length.
F.
Parking requirements. Parking requirements in MF-1 and MF-2 Districts
shall be as provided in Appendix C[5] and subject to requirements specified elsewhere in this
chapter.
[5]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To maintain residential developments constructed in the PRD District
prior to the effective date of Local Law No. 3-2009.
(2)
To provide for the development of remaining undeveloped lands within
the PRD District while preserving the natural features of development
sites, including wetlands, steep slopes, hilltops and ridgelines,
views to and from the Hudson River, trees, outstanding natural topography,
significant geological features and other areas of scenic, ecological
and historic value.
(3)
To ensure compatibility between new planned residential development
and surrounding existing neighborhoods.
B.
Permitted uses. Permitted principal, accessory, conditional and special
permit uses in the PRD District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. The following conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below. Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses, are permitted subject to the following:
(1)
The minimum lot size shall be 3.0 acres.
(2)
No building or part thereof or any parking or loading area shall
be located within 75 feet of any street line or lot line.
(3)
The sum of all areas covered by all principal and accessory buildings
shall not exceed 30% of the lot area, and the sum of all areas covered
by impervious surfaces shall not exceed 50% of the lot area.
(4)
Any conditional use so permitted in and as regulated in cluster zoning in a PRD District pursuant to § 270-36.
(5)
The maximum height shall not exceed either 35 feet or 2 1/2
stories.
D.
Additional accessory uses. In addition to the permitted accessory
uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E.
Bulk requirements. Bulk requirements in the PRD District shall be
as provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the PRD District shall
be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G.
Special requirements.
(1)
All PRD developments shall have an area of not less than three acres
undivided by an existing public street.
(2)
If units are attached, there shall be a minimum of two and a maximum
of six dwelling units per structure. The Planning Board may allow
a greater number of dwelling units within a structure upon a finding
that permitting such additional units will not cause a significant
adverse effect or impact on the physical or environmental conditions
on the site or in the neighborhood.
(3)
The open space of a PRD development shall be designed to the greatest
extent reasonably practicable to preserve the natural features of
the site, including, but not necessarily limited to, water bodies,
wetlands, steep slopes, hilltops, ridgelines, views to and from the
Hudson River, major stands of trees, outstanding natural topography,
significant geological features and other areas of scenic, ecological
and historic value; to utilize such features in a harmonious fashion;
and to enhance the visual appearance of the development. Active and
passive recreation areas shall be provided, including private open
space adjacent to the dwelling units. In the event that common open
space is provided, it may be left in its natural state with at least
10% of the total open space area designated for active recreation
activities.
(4)
All open space, including its services, facilities and utilities,
that is in common ownership or control shall be located upon and within
a lot or plot of land and shall be fully dimensioned and designated
on the plan as representing the area of joint responsibility. The
extent of each individual or group ownership, or management as may
be established by ownership in full or partial fee, or leased, under
deed, covenant, contract or such other conditions of usage or occupancy,
shall be legally established and recorded. A description or plan of
such lots shall be filed with the Tax Assessor.
(5)
The applicant for a PRD development shall provide for and establish
an organization for the ownership and maintenance of the common open
space, and such organization shall not dissolve nor shall it dispose
of the common space by sale or otherwise, except to an organization
conceived and established to own and maintain it.
(6)
The Planning Board shall require screening at the PRD development's
boundary with a single-family residential district of a type and size
appropriate to mitigate any negative visual impacts from the proposed
PRD development.
(7)
All property adjacent to Route 9 shall provide a one-hundred-foot
buffer along the entire length of right-of-way of the roadway.
(8)
No building, other than an accessory building with ground coverage
of less than 1,000 square feet, shall be located closer to another
building than a distance equal to the height of whichever building
has a higher elevation at its highest point and in no event less than
30 feet therefrom.
H.
Affordable housing. An applicant for a residential use in the PRD District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
I.
Density bonus incentives.
(1)
An applicant may apply to the Planning Board for one or more density
bonuses in exchange for providing amenities to the Village of Ossining.
The Planning Board may, at its discretion and subject to the standards
and considerations set forth below, grant density bonuses as set forth
in Appendix B[5] for developments in the PRD District in exchange for an
applicant providing one or more of the following amenities:
(a)
Provision of a portion of publicly accessible RiverWalk: providing
a portion of RiverWalk that shall contain a trailway having an average
width of not less than 25 feet unless a lesser width is permitted
by the Planning Board. The trailway shall not be less than 15 feet
wide at any point except where space constraints require a reduction
in width. The trailway shall consist principally of paved or wood
surfaces, but may also include landscaped areas, sitting areas, benches,
gazebos and suitable lighting facilities. The dimensions and location
of the RiverWalk trailway may be negotiated with the Planning Board.
(b)
Provision of public park or public open space: committing a
significant portion of contiguous land to public park or public open
space use, either by conveying the land to the Village for such purposes
or by other means, such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c)
Historic preservation: preserving a significant portion of a
building(s) or structure(s) identified by the Planning Board and agreed
to by the Historic Review Commission as being of historical, cultural
or architectural significance.
(d)
Use of green building techniques. After construction, the development
would achieve LEED Gold certification or a similar level of standards.
The Planning Board may modify the LEED certification level if the
applicant is able to demonstrate that the particularities of the development
warrant modification due to site constraints or financial hardships
that are directly related to the development of the project. At a
minimum, the applicant would have to achieve LEED Silver certification
or similar standard. An applicant pursuing a similar standard would
have to demonstrate that the green building technologies being incorporated
into the project are of similar or greater efficiency in water and
energy usage and produce a carbon footprint that is similar or smaller
than the LEED Gold certification.
(e)
Brownfields remediation. Environmental remediation work conducted
on-site that is not already substantially subsidized by state or other
funding but is required in order for the development to take place.
(f)
Contribution to non-site-related infrastructure improvements.
As negotiated by the Planning Board, non-site-related improvements
would be improvements that are not directly needed, required or related
to the development of the proposed project but will be able to be
utilized by the proposed project's residents or will indirectly improve
the project or its site-related infrastructure. Infrastructure improvements
may include sidewalk, street or water and sewer system improvements.
This list is not exhaustive, and the Village Engineer may provide
recommendations to the Planning Board.
(g)
Provision of public artwork: incorporation of publicly accessible
artwork, sculpture, monument or other permanent aesthetic structure
on a development site or at a designated off-site location as negotiated
by the Planning Board.
(h)
Streambank restoration or stabilization: maximizing and facilitating
streambank restoration or stabilization of tributaries of the Hudson
River or other local streams.
[5]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2)
The Planning Board shall grant a density bonus of 10% for each amenity
offered, provided that the Planning Board finds that the amenity is
proportional to such density bonus. Notwithstanding the foregoing,
such bonus(es) shall not exceed the maximum number of dwelling units
specified in Appendix B.[6]
[6]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(3)
The bonus permitted under this subsection is a bonus in permissible
density only and does not authorize deviation from or enlargement
of any bulk or lot coverage restrictions.
(4)
In awarding a bonus for the amenities listed above, the Planning
Board shall:
(a)
Consider the incentives being proposed by the applicant and
the degree to which the proposed amenity is compatible with the goals
and objectives for the zoning district and the Village as a whole.
(b)
Set forth, in detail, the amenities to be provided by the applicant,
how those amenities further the purposes of the LWRP, if applicable,
and Comprehensive Plan, and, in particular, how they preserve and
enhance the unique aesthetic, recreational, environmental and/or historic
qualities and features of this district for the benefit and enjoyment
of the entire community and otherwise promote the public health, safety
and welfare of the community.
(c)
Set forth, in detail, the relationship between the amenities
being provided and the bonus being awarded and shall specify the rationale
supporting the proportionality of the amenities to the bonus. The
public benefit improvements provided shall be roughly proportional
in nature and extent to the bonus granted, and their proportionality
shall be demonstrated by the applicant and agreed to by the Planning
Board. The cost of the improvements need not equal the value of the
benefits granted.
(5)
The provision of public park or open space pursuant to § 270-12I(1)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A.
Purpose.
(1)
To provide for a location for retail complexes anchored by large-format
stores such as supermarkets or department stores.
(2)
To encourage the upgrading of existing shopping centers within the
PC District in a manner that promotes the economic vitality of the
Village and provides residents with essential retail sales and services.
(3)
To provide appropriate standards for nonretail uses to allow a broader
mix of uses within a shopping complex while maintaining the economic
viability of retail as the primary use.
B.
Uses.
(1)
Permitted development types in the PC District shall be shopping
center.
(2)
Permitted principal, accessory, conditional and special permit uses
within a shopping plaza in the PC District shall be as provided in
Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. The following conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(1)
Adult entertainment, as defined in Chapter 60, Adult Entertainment, subject to the following: that no such use shall be located within 350 feet from any residential district or within 250 feet from any state highway, and any building containing an adult entertainment shall not exceed 1 1/2 stories in height.
D.
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: 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.
E.
Bulk requirements. Bulk requirements in the PC District shall be
as provided in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the PC district shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To provide locations for neighborhood-serving businesses in close
proximity to residential districts to minimize the need for travel
to run daily errands and to protect and promote the health, safety
and welfare of Village residents.
(2)
To encourage neighborhood-serving businesses to cluster along designated
corridors within the Village to promote business corridor identity
and facilitate comparison shopping.
(3)
To provide for a diverse range of housing types within neighborhood
centers while retaining businesses as the main uses in NC Districts.
(4)
To aid in the implementation of a parking strategy for each NC district
to minimize the impacts of vehicular traffic in and around residential
districts.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the NC Districts shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. Residential dwelling units uses which are permitted as conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(1)
Residential dwelling units shall only be permitted above nonresidential
uses. No part of any residential unit shall be located on the ground
floor, partially below ground or in a basement.
(2)
Residential dwelling uses shall have a main entrance to the outside
that is separate from any entrance used for nonresidential uses.
(3)
The minimum habitable floor area for each dwelling unit shall be
450 square feet for an efficiency or studio unit, 600 square feet
for a one-bedroom unit, 750 square feet for a two-bedroom unit and
250 additional square feet for each additional bedroom in units with
three or more bedrooms.
D.
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: 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.
E.
Bulk requirements. Bulk requirements in the NC Districts shall be
as provided in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the NC Districts shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To preserve historic downtown Ossining as the center of Village life.
(2)
To promote increased business activity in downtown Ossining by permitting
uses and levels of intensity that are greater than elsewhere in the
Village.
(3)
To provide opportunities for residential uses in downtown Ossining
to encourage street life during the day and evening.
B.
Permitted uses. Permitted principal, accessory, conditional and special
permit uses in the VC District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. Residential dwelling uses which are permitted as conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(1)
Residential dwelling units shall only be permitted above nonresidential
uses. No part of any residential unit shall be located on the ground
floor, partially below ground or in a basement.
(2)
Residential dwelling uses shall have a main entrance to the outside
that is separate from any entrance used for nonresidential uses.
(3)
The minimum habitable floor area for each dwelling unit shall be
450 square feet for an efficiency or studio unit, 600 square feet
for a one-bedroom unit, 750 square feet for a two-bedroom unit and
250 additional square feet for each additional bedroom in units with
three or more bedrooms.
D.
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: 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.
E.
Bulk requirements. Bulk requirements in the VC District shall be
as provided in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the VC District shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
[Added 7-7-2021 by L.L. No. 7-2021]
A.
Purposes. The Downtown Overlay District and Croton Avenue Overlay
District provide an option to developers that is intended to:
(1)
Encourage new traditional mixed-use downtown development and
redevelopment to occur within the downtown area that is consistent
with historic village development patterns and provides a scale and
mix of uses appropriate for the Village of Ossining;
(2)
Encourage mixed-use real estate development that results in
active sidewalks and civic spaces and economically sustainable development;
(3)
Promote well-integrated residential, commercial, office and
civic development in close proximity to the primary retail district
that have an urban village scale development pattern;
(4)
Support new development that includes diverse pedestrian-compatible,
higher density designs and expands economic development opportunities
and minimizes distances between destinations by requiring linked sidewalks
and pedestrian-oriented access;
(5)
Provide incentives for the creation of mixed uses in keeping
with the character, scale and architecture of the downtown and surrounding
neighborhoods, while using development design guidelines to promote
compatibility of uses and stimulate pedestrian activity;
(6)
Promote the livability and identity of the district and neighborhoods
by providing for dwellings, shops and workplaces in close proximity
to each other;
(7)
Enhance the visual character and physical comfort of the district
by minimizing pedestrian and vehicular conflicts and encouraging the
renovation and erection of buildings and storefronts that provide
direct connections to the street and sidewalk;
(8)
Discourage the dependence on automobile use, thereby reducing
traffic congestion and promoting alternative modes of transportation;
(9)
Encourage the development of shared parking and attractive,
convenient off-street parking facilities to reduce on-street congestion
and facilitate vehicular and pedestrian circulation; and
(10)
Provide for efficient pedestrian, bicycle and vehicular circulation,
with an emphasis on avoiding automobile-centric sprawling commercial
development.
B. 
ACTIVE EDGE
BUILD-TO LINE
BUILD-TO ZONE
CIVIC SPACE
DOWNTOWN OVERLAY DISTRICT AND CROTON AVENUE OVERLAY DISTRICT
DEVELOPMENT
FIRST FLOOR ELEVATION
FRONTAGE OCCUPANCY
FRONTAGE TRANSITION ZONE
FRONTAGE TYPE, LOT
FRONTAGE TYPE, STREET
FRONTAGE, PRIMARY
FRONTAGE, PRIVATE
FRONTAGE, PUBLIC
FRONTAGE, SITE
LANDSCAPE AND FURNISHING ZONE
LINER BUILDING
LIVE-WORK
MIXED-USE
PARAPET LINE
PARKING STRUCTURE
PEDESTRIAN THROUGHWAY
PEDESTRIANWAY
PRINCIPAL BUILDING
PRINCIPAL ENTRANCE
PRIVATE FRONTAGE
PUBLIC FRONTAGE
STEPBACK
STOREFRONT
STREET FRONTAGE
STREET FRONTAGE TYPE
STREET FURNITURE
STREET WALL
TRAVELED WAY
Definitions. As used in this chapter, the following terms shall
have the meanings indicated:
A private frontage requiring a minimum glazing area and a
minimum average frequency of doorways to promote visibility and activity
along certain lot frontage types.
A line defining the portion of the build-to zone closest
to a street or civic space which is typically parallel to the street
right-of-way.
The area of a lot facing a public frontage where a portion
of the front building facade is required to be located, between the
build-to line and a line parallel to the build-to line.
An area of open space accessible to the public, immediately
adjacent and contiguous with a public frontage in the form of a square,
green or courtyard.
A development of land that conforms to § 270-15.1 and is located within the Downtown Overlay District or Croton Avenue Overlay District zones.
The vertical distance measured from the sidewalk closest
to the principal entrance of a building to the first floor above grade.
A defined area within site frontage that must be occupied
by a building facade for a specified minimum height and built within
the build-to zone.
The portion of the public frontage between the build-to line
and the pedestrian throughway, allowing for building fixtures (e.g.,
lighting, signage, projected architectural moldings), movable planters,
movable furnishings and displays and signage boards.
A designated set of standards controlling the placement of
buildings along a public frontage as defined by the street frontage
type.
A set of standards, designated on the regulating plan, defining
a range of permitted lot frontage types for those portions of a lot
facing a public frontage.
The portion of a lot facing the street type with the highest
volume of vehicular traffic.
The area within a lot between the build-to line and a line
parallel to it that is 20 feet behind the build-to line.
The area located between the face of curb and the build-to
line as defined by the regulating plan and corresponding street type
or civic space designations. The public frontage is comprised of sidewalk
zones termed landscape and furnishing zone, pedestrian throughway
zone and frontage transition zone.
The total length of a site fronting on each street, measured
in linear feet at the build-to line.
The area of sidewalk between the curb and sidewalk throughway
designated as the primary location for street trees, street furniture
and light standards.
A building designed to screen the view of a parking lot or
parking structure from a build-to zone, street or civic space.
A building which includes a combination of dwelling units
and retail and/or artisan production facilities in excess of what
is allowed as a home-based business.
A building or site designed for and containing more than
one of the uses permitted on the site.
A continuous horizontal projection for most of a facade.
The parapet, like the eave line, can be a designated location for
measure of building height.
A building containing one or more stories of parking above
grade.
An area within the sidewalk that must remain clear of obstructions
to allow public passage.
A pedestrian walkway providing common access between buildings,
streets, civic spaces and parking areas, which may be open or roofed.
The primary and largest building on a lot, usually located
toward the primary frontage.
The main point of access for pedestrians into a building.
See "frontage, private."
See "frontage, public."
A portion of a building set back above the street wall before
the total height of the building is achieved. The position of the
stepback is controlled by a specified distance from the street wall.
A private frontage type primarily for retail use, with substantial
glazing, wherein the facade is aligned close to the front lot line
with the building entrance at sidewalk grade.
The lot line facing a street right-of-way which may be designated
with a street frontage type on the regulating plan.
See "frontage type, street."
Public amenities such as benches, bike racks, trash cans,
clocks and bollards, when located in and adjacent to the public sidewalks,
improve pedestrian comfort, convenience and safety.
The building wall or walls aligned along a sidewalk at a
specified minimum height, facing a street to form a pedestrian experience
with sidewalks and street enclosures.
The portion of a street between the curbs and available for
use by vehicles, bicycles and other forms of transportation.
 |
C.
Overlay district.
(1)
Overlay districts. The Downtown Overlay District and Croton Avenue Overlay District shall be overlay zoning districts to the existing zoning districts. The Downtown Overlay District overlays the existing VC District and the Croton Avenue Overlay District overlays the NC-2 District along Croton Avenue. An alternative set of dimensional, use, and regulatory standards shall apply to the Downtown Overlay District and Croton Avenue Overlay District developments providing design, site layout, and general performance standards for new development that allows better market flexibility. If an applicant chooses to utilize these optional standards, then all of the requirements of this § 270-15.1 shall apply. All of the provisions of the underlying zoning districts shall remain in full force, except where modified by the Downtown and Croton Avenue Overlay Districts' provisions, procedures and requirements.
(2)
Form based development. Site plan approval shall be granted
for a form-based development only if the applicant proves that the
following minimum requirements will be met, in addition to other applicable
Village Code requirements. The Planning Board may grant a modification
from any of these requirements to facilitate good design and accommodate
specific site conditions. For example, the setback from the curb on
a primary commercial street frontage is listed as 15 feet, the Planning
Board might modify this to conform to the setback of adjacent buildings.
(3)
Site platting. All existing and proposed buildings will be platted
with their own lot for planning and dimensional compliance purposes
regardless of the final structure of ownership. Rights-of-way shall
be shown for all streets and alleys created as part of a Downtown
Overlay District or Croton Avenue Overlay District development whether
or not said streets are intended for public dedication. Condominium
form of ownership and multiple building uses are permitted, but each
individual lot shall be laid out so that the dimensional requirements
are met. However, the actual lot lines do not need to be legally established.
(4)
Street standards. The Planning Board shall have the authority to grant variances and waivers to the standards of Chapter 233, Subdivision of Land, which may include reduced street cartway widths, street right-of-way widths and street curve radii, when properly justified by the applicant and to result in a development that is pedestrian-oriented and that promotes low-speed traffic.
(5)
Access controls. As part of the site plan approval process,
the applicant shall prove that the development involves a fully coordinated
interior traffic access system that minimizes the number of streets
and driveways entering onto a state or Village-owned road.
(6)
General development standards.
(a)
General principles and intent.
[1]
The development standards shall be used to define
the edges of the public realm and guide the placement of buildings
and thoroughfares to create connected networks of streets, sidewalks,
civic spaces and pedestrianways. The regulating plan establishes frontage
standards along streets and civic spaces and these frontage standards
are used to reinforce existing and to create new walkable mixed-use
urban environments.
[2]
Buildings and landscaping should be designed to
create a sense of enclosure for both streets and civic spaces as places
for pedestrian experiences at the human scale.
[3]
Building frontages should be designed with the
pedestrian in mind to integrate traveled ways, on-street parking,
a landscape and furnishing zone, a pedestrian throughway and a transition
zone to meet active building frontages that typically include signage,
seating areas, and storefronts.
[4]
Development should be designed to accommodate automobiles
while respecting the pedestrian and spatial form of civic places.
D.
Location map and regulating plan.
 |
(1)
Location map with tiles.
 |
(2)
Downtown Overlay District regulating plan.
(a)
The regulating plan defines the important sub-areas within the
overlay district and specifies performance and dimensional standards
relating to building form and use to achieve the purposes of this
chapter. The regulating plan adopted herewith shall have the same
force and effect as the overall Village of Ossining Zoning Map as
it applies to overlay district areas. The regulating plan creates
the following street frontage types:
(b)
Boundaries of regulating plan areas. To enable flexibility and
good site design, buildings constructed as part of a Downtown and
Croton Avenue Overlay Districts' development may be built across the
boundaries of the regulating plan areas providing that they comply
with the design, dimensional and form standards of the area where
that portion of the building is located.
 |
 |
(3)
Croton Avenue Overlay District regulating plan.
 |
(4)
Downtown Overlay District regulating plan Area
Tile 1.
 |
(5)
Downtown Overlay District regulating plan Tile
2.
 |
(6)
Croton Avenue Overlay District regulating plan
Tile 3.
 |
(7)
Croton Avenue Overlay District regulating plan
Tile 4.
 |
E.
Building and form standards.
(1)
Building frontage standards.
 |
(a)
Frontage elements. The combination of the private frontage,
public frontage, the traveled way, and the associated edging elements,
defines the character of the street. The character of the private
frontage is defined by the architectural treatment and use of the
ground floor, dimensional depth of the visible yard and the combination
of the frontage edging elements. The private frontage provisions of
this section regulate both form and use.
(b)
Build-to line. The build-to line defines the portion of the
build-to zone closest to a street, and therefore regulates the frontage
standards.
(c)
Regulating plan. The regulating plan establishes build-to lines
and build-to zones to establish and maintain a continuous street wall
and promote a sense of enclosure that is so critical for realizing
memorable and pedestrian scaled places in downtown mixed-use and commercial
areas such as the areas regulated by these overlay districts.
(d)
Build-to line placement. The build-to line shall be set parallel to the property line for a distance regulated by the street frontage type in § 270-15.1E(2), as designated by the Downtown and Croton Avenue Overlay Districts regulating plans in § 270-15.1D.
(e)
Front building wall. All new buildings located with Downtown
and Croton Avenue Overlay Districts shall place the front building
wall within the build-to zone for a minimum distance and height as
defined by the frontage occupancy, but no closer to the street than
the build-to line, except where a civic space is designated to permit
a greater setback along a portion of the frontage. The build-to line
shall be no more than 20 feet from the face of curb unless a civic
space is approved by the Planning Board.
(f)
Building facade variation. The build-to zone allows building
entrance alcoves and expanded sidewalk area for outdoor dining, building
facade articulation, inclusion of projected and/or recessed building
elements, and building alignment with existing neighboring buildings.
(g)
Private frontage depth. The private frontage shall extend 20
feet into the site from the build-to line. The private frontage may,
in certain circumstances, limit the placement of residential uses
on the street level and may limit the placement of parking structures
on a site.
(h)
Storefront depth. Storefronts, when provided, shall occupy the
full depth of the private frontage and, when located on corner site,
the storefront shall wrap the corner onto the side street for a minimum
of 20 feet.
(2)
Building placement standards.
(b)
Sidewalk and streetscape requirements. The applicant shall provide sidewalk and streetscape elements as required in Chapter 233, Article VI, Design Standards, §§ 233-16 to 233-21. Sidewalks shall be provided along street frontages for the minimum width defined on Table E(2), build-to lines and sidewalks. Sidewalks shall be constructed of concrete, brick or stone. Asphalt shall be prohibited for sidewalks along streets.
(c)
Pedestrianway. Pedestrianways are pedestrian- and bicycle-only
connections through properties. Where provided, a walking surface
of at least six feet in width shall be provided along with other streetscape
elements such as site furniture and pedestrian-scaled lighting. When
a secondary building is proposed at the rear of a lot on a street,
a pedestrianway must be provided to connect sidewalks through lots
to each other and with parking areas.
(d)
Front wall placement. Structural elements of a front building
facade shall be located within the build-to zone.
(e)
Primary facade and entry. Primary building facade and primary
entrance shall address the street of higher importance, with primary
commercial street frontages as the highest and greenway street frontage
as the lowest according to Table E(2), as approved by the Planning
Board.
|
Table E(2)
| |||
|---|---|---|---|
|
Build-To Line and Sidewalks
| |||
|
Street Frontage Types
|
Build-To Line Shall Be No Closer to Curb Than:
(feet)
|
Minimum Sidewalk Width
(feet)
| |
|
Primary commercial street frontage
|
15
|
10
|
 |
|
Secondary commercial street frontage
|
10
|
8
| |
|
Neighborhood commercial street frontage
|
15
|
8
| |
|
Neighborhood street frontage
|
15
|
5
| |
|
Greenway street frontage
|
Not applicable
|
8
| |
(3)
Building height standards.
(a)
Height standards. Sites and buildings shall comply with the
minimum and maximum standards designated on the table below.
|
Table E(3)
Building Height Standards
| ||||
|---|---|---|---|---|
|
District
|
Minimum Building Height, when a Building is Present
(stories)
|
Maximum Building Height
(whichever is the lesser of the two)
|
Maximum Building Height with Density Bonus1
|
Stepback Required2
|
|
DO - Downtown Overlay District
|
2
|
4 stories, or 48 feet
|
5 stories, or 58 feet
|
Building height 48 feet maximum, at build-to zone with 8-foot
stepback
|
|
CA - Croton Avenue Overlay District
|
1
|
3 stories, or 36 feet
|
None
|
None
|
|
NOTES:
| |
|
1
|
A density bonus in the Downtown Overlay District may be granted
to permit additional building height up to the maximums shown if the
development complies with the applicable overlay district standards
and a fee is paid to a community benefit fund to support the needs
for parking, civic space or schools within the Village.
|
|
2
|
See § 270-15.1E(4) for building stepback requirements.
|
(4) 
Building stepback.
(a)
Building stepback. Where buildings are permitted to be greater
than 48 feet in the Downtown Overlay District, the building shall,
within those portions of the building within the build-to zone, be
limited to 48 feet and provide a building stepback of at least eight
feet to zero inches within the build-to zone, however all remaining
areas of the site may occupy the area up to the maximum building height
permitted in that district.
(5)
Permitted uses and site development standards.
(a)
Uses allowed within the Downtown and Croton Avenue Overlay Districts.
The following additional uses are permitted within the Downtown and
Croton Avenue Overlay Districts. All permitted uses, conditional uses
and special permit uses remain as per the underlying zoning districts
with the following exceptions:
[1]
Residential use shall be allowed as a permitted
use at the following locations: on the upper floors above nonresidential
and residential uses; and on those portions of the first floor 40
feet or greater from the front wall of buildings facing a street where
the street frontage type designated on the regulating plan is one
of the following types:
(b)
Development regulations. The following site development requirements
take precedence over those in the underlying zoning districts.
[1]
Downtown Overlay District:
[a]
Maximum building coverage: 80%.
[b]
Maximum lot impervious coverage: 90%.
[c]
Minimum building setbacks:
[i]
Front yard: front building walls shall be located
within the build-to zone according to the minimum frontage occupancy
required.
[ii]
Rear yard: 20 feet minimum from lot lines or other
buildings. Each lot shall have a maximum of one rear yard, typically
located furthest from a street, as determined by the Zoning Officer.
[iii]
Side yard: no side yard setback is required,
provided that all building code separation requirements are met.
[2]
Croton Avenue Overlay District:
[a]
Maximum building coverage: 50%.
[b]
Maximum lot impervious coverage: 80%.
[c]
Minimum building setbacks:
[i]
Front yard: front building walls shall be located
within the build-to zone according to the minimum frontage occupancy
required.
[ii]
Rear yard: 20 feet minimum from lot lines or other
buildings. Each lot shall have a maximum of one rear yard, typically
located furthest from a street, as determined by the Zoning Officer.
[iii]
Side yard: no side yard setback is required,
provided that all building code separation requirements are met.
(c)
Density bonus. Where an applicant seeks the density bonus described in Table E(3), the Village Board of Trustees may grant a density bonus by special permit, provided that the applicant demonstrates compliance with the standards defined in § 270-15.1 and the required fee is paid to the Community Benefit Fund. The Village Board of Trustees shall set the fee required for the density bonus, which fee shall be published in the Village's annual fee schedule. The Community Benefit Fund may support the needs of the Village to support parking, civic spaces, schools or other legitimate public purposes as defined by the Village. The density bonus shall not be granted if it would result in the demolition of a building that is considered a contributing building to the Downtown Ossining Historic Architectural and Design District.
(6)
Parking requirements.
(b)
Location and setback:
[1] 
No above grade off-street parking shall be located closer than
four feet to zero inches setback from the build-to line.
[2]
No parking structure shall be located within the
private frontage at the street level along a primary commercial street
frontage, however below grade and/or upper floor parking shall be
permitted within the private frontage provided it is entirely below
the sidewalk elevation.
[3]
All off-street parking shall be screened by landscaping compliant with § 270-15.1H(2) or lined by buildings.
[4]
No off-street parking shall be allowed closer to
the street than the closest building along that street frontage and
within the build-to zone.
F.
Private frontage types.
(1)
Permitted private frontage types.
(a)
Where the regulating plan map in § 270-15.1D designates one or more street frontage types, those portions of buildings facing streets, civic spaces or pedestrian passages shall comply with the permitted lot frontage type standards designated on Table F(1), Permitted Lot Frontage Types. The lot frontage types are defined in greater detail in this section.
(b)
The build-to line for each frontage shall be parallel to the street and located within a lot at the greater of the two standards on at a minimum distance between a curbline and build-to line as designated on Table E(2), Build-To Lines and Sidewalks and Table F(1), Permitted Lot Frontage Types, except as permitted in § 270-15.1H(1), Civic Space Design Standards.
|
Table F(1)
Permitted Lot Frontage Types
| ||||||||||
|---|---|---|---|---|---|---|---|---|---|---|
|
P
|
Permitted
| |||||||||
|
P*
|
Permitted only when topography exceeds standards defined in FR-6 Hillside, Subsection F(10)(a)
| |||||||||
|
P**
|
Permitted, provided that one or more of the adjacent lots has
a front yard with landscaping of at least 20 feet in depth from the
front lot line
| |||||||||
|
Permitted Lot Frontage Types
| ||||||||||
|
Storefront
|
Professional
|
Park
|
Service
|
Forecourt
|
Hillside
|
Neighborhood Storefront
|
Stoop
|
Porch
|
Yard
| |
|
Street Frontage Types
|
FR-1
|
FR-2
|
FR-3
|
FR-4
|
FR-5
|
FR-6
|
FR-7
|
FR-8
|
FR-9
|
FR-10
|
|
Primary commercial street frontage
|
P
|
P
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
X
|
|
Secondary commercial street frontage
|
P
|
P
|
X
|
X
|
P
|
P*
|
X
|
P
|
P
|
X
|
|
Neighborhood commercial street frontage
|
X
|
X
|
X
|
X
|
P
|
P*
|
P
|
P
|
P
|
P**
|
|
Neighborhood street frontage
|
X
|
X
|
X
|
X
|
P
|
P*
|
X
|
P
|
P
|
P**
|
|
Greenway street frontage
|
P
|
P
|
P
|
X
|
P
|
P*
|
X
|
P
|
P
|
P**
|
|
Service street frontage
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P
|
P**
|
|
Required distance from front lot line to the build-to line [except as modified by Subsection E(1)(b)] (feet)
|
0
|
None required
|
None required
|
10
|
10
|
10
|
10
|
20
| ||
|
The depth of the build-to zone, as measured from the build-to
line, where the required portion of the front building wall shall
be placed (feet)
|
5
|
None required
|
None required
|
10
|
20
|
10
|
10
|
10
| ||
(2)
Build-to zone for commercial frontages.
 |
(a)
Minimum frontage occupancy. All buildings facing streets or public frontages shall occupy a minimum frontage occupancy percentage within the build-to zone according to § 270-15.1F(4) for each frontage.
 |
(3)
Build-to zone for residential frontages.
 Street frontages showing a typical ten-foot
build-to zone for FR-8 Stoop, FR-9 Porch, FR-5 Forecourt frontages
|
 Plan diagram showing examples of building
placements for FR-8 Stoop, FR-9 Porch, and FR-5 Forecourt frontages
with a ten-foot build-to zone
|
(4)
Minimum frontage occupancy.
(a)
Minimum frontage occupancy. The face of the building for the
required minimum building height and building length shall occupy
the build-to zone for a minimum percentage, as defined by Table F(4),
of the total width of the site frontage facing each street. Compliance
shall be determined by measuring the building face located within
the build-to zone divided by the site frontage for each street frontage.
(b)
Corner sites shall have two private frontages, one facing each
street.
|
Table F(4)
Frontage Occupancy Requirements
| |
|---|---|
|
Street Frontage Types
|
Minimum Frontage Occupancy Required
|
|
Primary commercial street frontage
|
60%
|
|
Secondary commercial street frontage
|
40%
|
|
Neighborhood commercial street frontage
|
40%
|
|
Neighborhood street frontage
|
30%
|
|
Greenway street frontage
|
None required
|
|
Service street frontage
|
None required
|
 |
(5) 
Storefront Frontage: FR-1.
(a)
Storefront Frontage FR-1 defines a commercial frontage with
high visibility to first floor commerce and an at-grade entrance.
The ground plane within the build-to zone should be a hardscape continuation
of the sidewalk.
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 50 feet.
[3]
Glazing requirement. A minimum of 65% of the street-level,
street facing building area located between two feet and 10 feet above
the sidewalk shall provide clear, nonreflective glass.
[4]
Function of the build-to zone.
[a]
Allows for entrance alcoves and expanded sidewalk
area for outdoor dining.
[b]
Allows for facade articulation and inclusion of
recessed building elements.
[c]
Allows for alignment with existing neighboring
buildings.
[d]
Prohibits garage doors within the build-to zone
for individual private garages.
[e]
First floor elevation at the primary entrance shall
be at the same grade as the sidewalk or provide an ADA compliant accessible
route to that entrance.
(6)
Professional Frontage: FR-2.
(a)
Professional Frontage FR-2 defines commercial frontages with an at
grade entrance. The ground plane within the build-to zone should be
a hardscape continuation of the sidewalk.
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 50 feet.
[3]
Glazing requirement. A minimum of 40% of the street-level,
street facing building area located between two feet and 10 feet above
the sidewalk shall provide clear, nonreflective glass.
[4]
Function of the build-to zone.
[a]
Allows for entrance alcoves.
[b]
Allows for facade articulation and inclusion of
recessed building elements.
[c]
Allows for alignment with existing neighboring
buildings.
[d]
Prohibits garage doors within the build-to zone
for individual private garages.
[e]
First floor elevation at the primary entrance shall
be at the same grade as the sidewalk or provide an ADA compliant accessible
route to that entrance.
(7)
Park Frontage: FR-3.
(a)
Park Frontage FR-3 defines the edge of greenway areas by placing
landscaping, furnishings, pedestrianways and lighting as a transition
to parking lots and buildings.
(b)
Private frontage.
[1]
Active edge required: none.
[4]
Glazing requirement: none.
[5]
Function of the build-to zone.
[a]
Park frontage line shall be set by the regulating
plan to create a continuous greenway pedestrian experience while aligning
with adjacent walkways and greenways.
[b]
Park frontages do not have required build-to zones.
[c]
Park frontages shall provide lawns, landscape areas,
and/or low plantings.
(8)
Service Frontage: FR-4.
(a)
Service Frontage FR-4 defines a frontage in which the service
functions of a building can be placed along a street.
(b)
Private frontage.
[2]
Glazing requirement: none.
[3]
Function of the build-to zone.
[a]
Allows for entrance alcoves.
[b]
Allows for facade articulation and inclusion of
recessed building elements.
[c]
Allows for alignment with existing neighboring
buildings.
[d]
Allows garage doors within the build-to zone for
individual private garages and loading docks.
[e]
Allows parking or loading within the frontage,
provided a landscaped hedge or low fence is constructed to shield
the view of parking between the street and parking area.
(9)
Forecourt Frontage: FR-5.
(a)
Forecourt Frontage FR-5 permits front courtyard areas for lawns,
gardens and plazas.
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 80 feet.
[3]
Glazing requirement. A minimum of 30% of the street-level,
street-facing building area located between three feet and 13 feet
above the first floor elevation shall provide clear, nonreflective
glass.
(10)
Hillside Frontage: FR-6.
(a)
Hillside Frontage FR-6 is only permitted where the first floor
elevation is greater than or equal to a five feet zero inches vertical
grade change from the street to the primary entrance. These frontages
allow additional setbacks from the streets required for site access.
The frontage transition zone permits up to three stair risers, the
ground plane within the build-to zone can be a hardscape continuation
of the sidewalk or landscaped.
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 80 feet.
[3]
Glazing requirement. A minimum of 30% of the street-level,
street facing building area located between three feet and 13 feet
above the first floor elevation shall provide clear, nonreflective
glass.
(11)
Neighborhood Storefront Frontage: FR-7.
(a)
Neighborhood Storefront Frontage FR-7 defines commercial
frontages with high visibility to first floor commerce and an at grade
entrance. The ground plane within the build-to zone can be a hardscape
continuation of the sidewalk or landscaped (e.g., rain gardens).
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 50 feet.
[3]
Glazing requirement. A minimum of 60% of the street-level,
street-facing building area located between two feet and 10 feet above
the sidewalk shall provide clear, nonreflective glass.
(12)
Stoop Frontage: FR-8.
(a)
Stoop Frontage FR-8 defines frontages with an elevated entrance
to provide additional privacy to the first floor occupants. The frontage
transition zone permits up to three stair risers, the ground plane
within the build-to zone can be a hardscape continuation of the sidewalk
or landscaped.
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 80 feet.
[3]
Glazing requirement. A minimum of 30% of the street-level,
private-frontage-facing building area located between two feet and
10 feet above the first floor elevation shall provide clear, nonreflective
glass.
[4]
Function of the build-to zone.
(13)
Porch Frontage: FR-9.
(a)
Porch Frontage FR-9 permits a frontage with a semi-public porch
and an elevated entrance providing a greater degree of privacy from
the street. The frontage transition zone permits up to three stair
risers, the ground plane within the build-to zone can be a hardscape
continuation of the sidewalk or landscaped.
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 80 feet.
[3]
Glazing requirement. A minimum of 30% of the street-level,
private-frontage-facing building area located between two feet and
10 feet above the first floor elevation shall provide clear, nonreflective
glass.
[4]
Function of the build-to zone.
[a]
Allows for entrance alcoves and expanded sidewalk
area for outdoor dining.
[b]
Allows for facade articulation and inclusion of
pronounced and/or recessed building elements.
[c]
Allows for alignment with existing neighboring
buildings.
[d]
Prohibits garage doors within the build-to zone
for individual private garages.
(14)
Yard Frontage: FR-10.
(a)
Yard Frontage FR-10 defines a frontage with a landscaped front yard
and an elevated entrance. Up to three stair risers can be placed within
transition zone, and the ground plane within the build-to zone can
be hardscape continuation of sidewalk or landscaped (e.g., rain gardens).
(b)
Private frontage.
[1]
Active edge required. Average door separation distance
along the frontage shall be no greater than 80 feet.
[3]
Glazing requirement. A minimum of 30% of the street-level,
private-frontage-facing building area located between two feet and
10 feet above the first floor elevation shall provide clear, nonreflective
glass.
G.
Edging element standards; permitted edging elements. For all private frontages or park frontages as designated on the Downtown and Croton Avenue Overlay Districts regulating plans, one or more of the following permitted edging elements shall be provided according to the table below and the corresponding edging element standards in § 270-15.1G.
|
Table G(1)
Edging Elements
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Low Wall
|
Raised Edge1
|
Stairs1
|
Ornamental Fence
|
Privacy Fence
|
Planters
|
Landscaped Edge
| ||
|
Lot Frontage Types
|
EE-1
|
EE-2
|
EE-3
|
EE-4
|
EE-5
|
EE-6
|
EE-7
| |
|
Storefront
|
FR-1
|
P
|
P
|
P
|
X
|
X
|
P
|
P
|
|
Professional
|
FR-2
|
P
|
P
|
P
|
X
|
X
|
P
|
P
|
|
Park
|
FR-3
|
P
|
P
|
P
|
P
|
P2
|
P
|
P
|
|
Service
|
FR-4
|
P
|
P
|
P
|
P
|
P2
|
P
|
P
|
|
Forecourt
|
FR-5
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Hillside1
|
FR-6
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Neighborhood Storefront
|
FR-7
|
P
|
P
|
P
|
X
|
X
|
P
|
P
|
|
Stoop1
|
FR-8
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Porch1
|
FR-9
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
Yard1
|
FR-10
|
P
|
P
|
P
|
P
|
X
|
P
|
P
|
|
NOTES:
| |
|
1
|
Additional building standards for railing may apply.
|
|
2
|
Privacy fences shall be used for screening of utility and service
areas and shall be no taller than six feet six inches.
|
|
(1) Low wall: EE-1. Masonry wall, maximum 48 inches in height
(brick, concrete, stone), provided that at least 50% of the area above
48 inches is transparent to allow for visibility to the first floor
windows.
|
 |
|
(2) Raised edge: EE-2. The intent is to separate areas with
different intensity of use with up to 48 inches of difference in floor
planes, provided that at least 50% of the area above 48 inches is
transparent to allow for visibility to the first floor windows.
|
 |
|
(3) Stairs: EE-3. The intent is to separate areas with different
intensity of use with up to 48 inches of difference in floor planes,
provided that at least 50% of the area above 48 inches is transparent
to allow for visibility to the first floor windows.
|
 |
|
(4) Ornamental fence: EE-4. A transparent ornamental fence,
not chain-link, with a maximum height of 42 inches.
|
 |
|
(5) Privacy fence: EE-5. A privacy fence with a maximum height
of six feet six inches. Fences facing public frontages shall not be
constructed of chain-link, barbed wire or similar materials.
|
 |
|
(6) Planters: EE-6. Planters no higher than 42 inches in height,
provided that at least 50% of the area above 42 inches is transparent
to allow for visibility to the first floor windows.
|
 |
|
(7) Landscaped edge: EE-7. A landscaped edge of flowers, plants
or a hedge, provided that at least 50% of the area is transparent
to allow for visibility to the first floor windows.
|
  |
H.
Design standards.
(1)
Civic space design standards.
(a)
Civic space design. The Planning Board shall consider the following
criteria during its site plan review process to determine whether
a civic space design is acceptable.
(b)
Required civic spaces area.
[1]
For sites greater than 10,000 square feet within
the Downtown Overlay District, a minimum of 7.5% of the total lot
area of the development tract shall be permanently preserved as civic
space that conforms to the standards of this section.
[2]
Fee in lieu of civic space. The Village Board of
Trustees shall set a fee in lieu of civic space for each 1,000 square
feet, or portion thereof, of a required civic space and may amend
this amount as it deems appropriate. An applicant for a Downtown Overlay
District development may choose to either construct the civic space
as required or pay the fee in lieu of civic space.
[3]
The ongoing maintenance and operation of civic
spaces shall be the responsibility of the applicant unless the Village
or another entity agrees to assume these responsibilities according
to terms that are acceptable to the Village.
[4]
Main Street and Spring Street civic spaces. If
the applicant does not want to provide civic space in locations shown
on the regulating plan, the applicant may propose an alternate configuration
on-site with approval of the Planning Board.
(c)
Civic space form and access.
|
Civic Spaces:
Shown below are examples of civic spaces.
 |
 |
 |
[1]
The required civic space(s) shall be provided in
the form of courtyards, greens, squares or pedestrian passages and
these spaces shall be placed along and connect to one or more the
public frontages on pedestrian passages.
[2]
All civic spaces shall provide pedestrian access
from a public sidewalk via a publicly accessible pedestrianway or
a private walkway open to the public at least 16 hours per day.
[3]
A civic space must provide active or passive uses
designed to bring regular pedestrian, civic and/or commercial activity
to the site.
[4]
Above grade stormwater management basins, drainage
channels and required buffers shall not be used to meet the minimum
civic space requirements.
[5]
The civic spaces shall include landscaping, pathways
and street furniture and may contain artwork and/or fountains. Pathways
should include decorative paving materials such as brick, stone, paving
block or patterned concrete.
[a]
Where a civic space is proposed on a development site adjacent to an existing building not controlled by the applicant, the applicant shall provide edging elements as defined in § 270-15.1G and landscaping to buffer any adjacent areas of blank walls or service uses.
[b]
A civic space may include buildings, provided that
they are designed to activate the civic use of the space and provide
public access. Buildings and temporary structures within civic spaces
may be as low as one story in height.
[6]
Civic space frontage occupancy.
[a]
Civic spaces shall be mapped and measured on the
site plan to designate a build-to zone with a total linear length
along the edges of the proposed civic space, excluding the length
of the edge along the street and/or the length of the pedestrianway
conforming to its frontage occupancy requirements.
[b]
Civic spaces shall provide a minimum 60% frontage
occupancy along its edges, unless the Planning Board determines that
a lower standard is permitted.
[c]
All private and public frontage requirements required
on the regulating plan along the street or greenway will also be required
along at least an equivalent length of the civic space private frontage
set back away from the street or public way.
[d]
The build-to line and corresponding build-to zone
approved by the Planning Board for a civic space may be parallel to
or at any angle to the street.
[7]
New buildings contiguous to a civic space shall provide build-to zone(s) and street wall(s) as required by the street type designated on the nearest street on the regulating plan map. Where existing buildings front onto a civic space, the Planning Board shall determine the minimum standards for civic space frontage occupancy consistent with the intent of § 270-15.1H(1), while recognizing the challenges of retrofitting existing buildings.
(2)
Landscaping and buffering guidelines. Chapter 9, Land Forms of the Architectural Design Guidelines for the Village of Ossining, shall serve as a reference source for the Planning Board to consider when evaluating the landscape design of developments within the Downtown Overlay District or Croton Avenue Overlay District. In addition to these guidelines, the Planning Board shall consider the following landscape design guidelines during its review process: the requirements of § 270-34, General landscaping and environmental requirements; steep slopes shall be applicable to all projects within the Downtown and Croton Avenue Overlay Districts. Where space permits, each site should incorporate a combination of trees, shrubs, groundcovers, and potted plants into landscaping plans with emphasis on use of native plants. Monocultures should be avoided.
(a)
Street trees.
[1]
Shade trees, a minimum of two inches in caliper,
should be provided at an average rate of one tree per 40 feet of street
frontage. The trees should be positioned to correspond with parallel
parking striping to allow for vehicle door swings.
[2]
If a sidewalk is too narrow to provide a verge
wide enough for street trees, then a combination of potted plants,
window boxes and/or hanging baskets should be provided in lieu of
the trees.
(b)
Parking lot planting. Portions of off-street parking areas that
are visible from street frontages should be landscaped with a combination
of evergreen shrubs, low walls or fences and shade or ornamental trees.
[1]
A three-foot-wide buffer strip should be provided
between a parking lot and a street, civic space, sidewalk or pedestrianway.
A buffer strip may be comprised of a landscape buffer and/or a low
wall or ornamental fence.
[2]
Landscape buffer strips should contain a continuous
hedge of three-foot-tall evergreen or dense deciduous shrubs, and
one two inches caliper shade or ornamental tree per 30 linear feet
of frontage.
[3]
If a wall or ornamental fence is proposed, low-growing
shrubs and/or perennial plantings should also be provided on the street
frontage side. Shade trees should be provided in adjacent interior
islands at the above rate.
[4]
Interior parking lot planting should include one
two inches caliper shade tree for every 20 parking spaces. Parking
lots with 25 or more spaces should be divided by planting islands,
planted with trees and shrubs. Additional plantings may include low-growing
shrubs or ornamental grasses and/or stormwater management feature
gardens.
[5]
The non-street-frontage perimeters of parking lots,
where buffer plantings are not recommended, should be planted with
a combination of shrubs, trees and perennials to soften their appearance
from adjacent uses.
(c)
Fences, walls and screens. Where permitted by the edging elements
for the designated and permitted frontage types and pedestrian passages,
fences and walls may be used to define street walls, provide privacy,
and screen views. For those locations not facing streets or pedestrian
passages, fences, walls and screens should be controlled by this section.
The finished side should face the street or adjacent property.
[1]
Fences and walls should be located within the build-to
zone, alongside and adjacent to rear property lines, unless the fences
and walls are being used for privacy or visual screening of utilitarian
areas. They should not impede clear sight distances at intersections
or driveways.
[2]
Fences, walls and hedges should be counted as street
walls for up to 20% of the recommended minimum frontage.
[4]
Approved fence and wall materials:
[a]
Fence and gate materials may include wood, wood
composites, iron and metal, including decorative perforated sheet
metal. Sharp-pointed or spear-headed pickets of less than 1/2 inch
in diameter are discouraged. Chain-link, woven wire, barbed wire and
vinyl fences are strongly discouraged.
[b]
Wall and pier materials include whole or veneer
brick or stone, cultured stone, stucco over masonry, and finished
concrete. Unfinished concrete block and glass block is discouraged.
[c]
Fences, walls and piers may be used in combination
to reflect the development's architectural character.
[d]
Pedestals and gates. Blocks or pedestals for fence
posts should not project into or above the surface of an adjacent
sidewalk. All gates should swing inwardly; and no gate should swing
outwardly over any sidewalk, avenue, street, or road.
(3)
Architectural guidelines. The Architectural Design Guidelines
for the Village of Ossining shall serve as the primary source for
the Planning Board to consider when evaluating the architectural design
of developments within the Downtown Overlay District or Croton Avenue
Overlay District. In addition to these guidelines, the Planning Board
shall consider the following architectural design guidelines during
its review process for buildings, site walls and parking structures.
(a)
The buildings in the Downtown and Croton Avenue Overlay Districts
should relate to the context and fabric of existing places in the
Village of Ossining and typically found within the older downtown
building types in New York villages. The size, mix proportion and
form of buildings should emulate the heritage character of these traditional
downtown areas while avoiding historicism or copying. All buildings
should have vertical and horizontal modulation and articulation reflecting
the traditional streetscape building spacing and dimensional variations
of typical New York villages, including:
(b)
Horizontal building modulation. Building facades should conform
to the following standards:
[1]
The maximum width (as measured horizontally along
the building exterior) without building modulation should be 60 feet.
[2]
The minimum depth of modulation should be two feet.
The minimum width of modulation should be 15 feet. When the principal
use of the building is for the parking of motor vehicles, the depth
of such modulation should be a minimum of 3 1/2 feet. No modulations
are recommended on a wall of a parking facility which does not front
on a public street or pedestrianway.
[3]
Roof decks or balconies may be used as all or part
of the building modulation.
[4]
The requirements of the horizontal building modulation
subsection should be considered satisfied if existing building facades
of existing adjacent structures are preserved and incorporated into
the proposed building.
(c)
Modulated roofline. Roofs are a design element and should relate
to the building facade articulations. The roofline of all facades
visible from a street or public park, or open space should be modulated
according to the following standards:
[1]
For flat roofs or facades with a horizontal eave,
fascia, or parapet: change roofline so that no unmodulated segment
of roof exceeds 60 feet. Minimum vertical dimension of roofline modulation
is the greater of two feet or 0.1 multiplied by the wall height (finish
grade to top of wall).
[2]
For gable, hipped, or shed roofs: a minimum slope
of five feet vertical to 12 feet horizontal.
[3]
Other roof forms, such as arched, vaulted, dormer,
or saw-toothed, may satisfy this design principle if the individual
segments of the roof with no change in slope or discontinuity are
less than 60 feet in width (measured horizontally).
(d)
Building articulation should be accomplished with design elements
such as the following, so long as the articulation interval does not
exceed 60 feet.
[1]
Repeating distinctive window patterns at intervals
less than the articulation interval.
[2]
Providing a balcony or bay window for each articulation
interval.
[3]
Changing the roofline by alternating dormers, stepped
roofs, gables, or other roof elements to reinforce the modulation
or articulation interval.
[4]
Changing materials with a change in building plane.
(e)
Vertical articulation. To moderate the vertical scale of buildings,
the design should include techniques to clearly define the building's
top, middle and bottom. The following techniques are suggested methods
of achieving vertical articulation:
[1]
Top: sloped roofs, strong eave lines, cornice treatments,
horizontal trellises, etc.
[2]
Middle: windows, balconies, material changes, railings
and similar treatments that unify the building design.
[3]
Bottom: pedestrian-oriented fronts, pedestrian
scale building details and awnings.
[4]
Where appropriate, the applicant should coordinate
the horizontal elements (i.e., cornices, window lines, arcades, etc.)
in a pattern and height to reflect similar elements on neighboring
buildings that exhibit the Village's desired scale and character.
(f)
Materials. Building exteriors should be constructed from high
quality, durable materials. Building materials should not change at
the corners closest to the street, but instead should change at internal
corners furthest from the street or at least four feet from the outside
corners. Preferred exterior building materials that reflect the Village's
desired traditional downtown street character are as follows:
[1]
Masonry, including brick and stone.
[2]
Cast stone or tile.
[3]
Wood or cementitious ("Hardiplank" or equal) horizontal
clapboard or vertical board and batten siding. Vinyl or other artificial
siding materials are discouraged along street frontages and public
ways, but may be permitted by the Planning Board on a case by case
basis on architecturally subordinate facades.
[4]
All other materials subject to approval by the
Planning Board.
[5]
If concrete or concrete blocks (concrete masonry
units) are used for walls that are visible from a street, public park
or open space or pedestrianway, then the concrete or concrete block
construction should be architecturally treated in one or more of following
ways:
(g)
Fenestration. The arrangement, proportion and design of windows
and doors (fenestration) should conform to the following:
[1]
The height to width ratio of single openings and
group openings are to be proportionately scaled to the wall.
[2]
Door and window details and trim suitably scaled
to the wall.
[3]
Reduce large expanses of glass used in windows
and doors to smaller component windows reminiscent of traditional
main street vernacular when adjacent to existing buildings, sidewalks
or pedestrianways.
[4]
The total square footage of windows along a facade
facing a street should be a minimum of 15% of the square footage of
the facade.
(h)
Blank walls should be discouraged along any exterior wall facing
a street, parking area or pedestrianway. Exterior walls in these locations
should have architectural treatments that are the same as the front
facade, including consistent style, materials, fenestration and details.
(i)
Roofs.
[1]
Slope. Roof pitches and overhangs should vary as
necessitated by good architectural design and modulation requirements
of the previous sections. However, flat roofs are discouraged as major
architectural elements visible from a public street. A 5/12 roof slope
or greater is the minimum standard for roofs visible from a public
way. Mansard roofs, when constructed in the traditional form with
appropriate step back from the exterior building wall line are discouraged.
The upper roof of a Mansard may be flat or low pitch, providing it
is not visible from ground level. Shed roofs, dormers, secondary roof
forms, and roofs for porches may have a lower pitch, but in no case
will the pitch be lower than 3.75 in 12. Significant roof overhangs
are recommended to provide architectural interest, to create shadow
lines, and to protect wall and siding from water and sun. Roof overhangs
are highly recommended to provide passive energy conservation where
possible.
[2]
Penetrations. All roof stacks, flashings, vents
or protrusions from the roof should be painted the same color as the
roof. Roof stacks and plumbing vents should be placed on rear slopes
of the roofs where possible.
[3]
Solar. Photovoltaic and hot-water heating panels
are encouraged, providing that on sloped roofs visible from a public
street or right-of-way they should be installed flush on the roof
plane and should not project above the roof surface by more than six
inches. On flat roofs not plainly visible from ground level of a public
way, solar panels may be mounted on brackets, providing they are no
higher than six feet above the roof surface that they are mounted
on.
[4]
Materials. Roofs that are visible from ground level
should be architectural dimensional composite shingles, wood shingles
or shakes, slate, tile, or prefinished metal standing or box seam.
Combinations of roofing are encouraged when appropriate to the desired
architectural character. Roofs not visible from a ground level should
be white or light colored roofing material to provide improved energy
efficiency.
(j)
Parking structures.
[1]
The design of parking structures should focus on
screening views of cars at the street level, especially those parking
structures facing primary commercial street frontages and secondary
commercial street frontages and neighborhood commercial street frontages.
Parking shall be prohibited at the street level, within 40 feet of
the street wall along primary commercial street frontages so that
an active use faces the street on the ground floor.
B.
Permitted uses. Permitted principal, accessory, conditional and special
permit uses in the GB District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Accessory uses.
(1)
In addition to the permitted accessory uses specified in Appendix
A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements: Light manufacturing, but there shall be no external evidence of the manufacturing processing or assembly activities other than loading and unloading, which shall be fully screened from adjacent residential districts.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
(2)
In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: 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.
D.
Bulk requirements. Bulk requirements in the GB District shall be
as provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the GB District shall
be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To accommodate a mix of residential and commercial uses within appropriately
scaled buildings along South Highland Avenue.
(2)
To minimize impacts from commercial uses on the surrounding residential
neighborhoods.
(3)
To maintain the historic character of the large homes on South Highland
Avenue that have been converted to nonresidential use.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the P-O District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. The following conditional uses shall be subject to the requirements set forth in §§ 270-26 and 270-51 and as set forth below: Residential uses shall be subject to the following requirements: The minimum habitable floor area for each dwelling unit shall be 450 square feet for an efficiency or studio unit; 600 square feet for a one-bedroom unit; 750 square feet for a two-bedroom unit; and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
D.
Additional accessory uses. In addition to the permitted accessory
uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E.
Bulk requirements. Bulk requirements in the P-O District shall be
as provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the P-O District shall
be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To provide locations for businesses that focus on offices, hotels
and conference centers and commercial research and development, while
preserving the natural features of the site, including wetlands, steep
slopes, hilltops and ridgelines, views to and from the Hudson River,
trees, outstanding natural topography, significant geological features
and other areas of scenic, ecological and historic value.
(2)
To help ensure that adequate land is available for businesses by
providing a district that is exclusively for offices, hotels and conference
centers and commercial research and development uses.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the O-R District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Accessory uses.
(1)
In addition to the permitted accessory uses specified in Appendix
A[2] and the requirements found in § 270-26, the following accessory uses are permitted if they are an integral part of the primary use, subject to the following additional requirements:
(a)
Bars or taverns, indoor entertainment or recreation, or restaurants;
provided, however, that they are an integral part of the primary use,
the total square footage of such uses shall not constitute more than
30% of the building area and the site can accommodate any required
additional parking.
(b)
Light manufacturing, but the use must be in connection with
the principle use and there shall be no external evidence of the manufacturing
processing or assembly activities other than loading and unloading,
which shall be fully screened from adjacent residential districts.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
(2)
In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: 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.
D.
Bulk requirements. Bulk requirements in the O-R District shall be
as provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the O-R District shall
be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose.
(1)
To provide for development that is low density and will protect the
aesthetics, natural resources and environmental features of the remaining
undeveloped lands within the CDD District, including preserving natural
features of development sites such as wetlands, steep slopes, hilltops,
ridgelines, views to and from the Hudson River, trees, outstanding
natural topography, significant geological features and other areas
of scenic, ecological and historic value.
(2)
Protecting the water quality of the streams and watercourses leading
into the Hudson River, including fish, wildlife and natural vegetation;
requiring the use of best management practices with respect to protection
of water quality, stormwater management and erosion and sediment control;[1] minimizing construction on or regrading of steeply sloped
areas; enhancing the aesthetics of these natural resources to the
greatest extent practicable by protecting scenic views.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the CDD shall be as provided in Appendix A.[2]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. The following shall also be permitted conditional uses, subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below: Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses are permitted, subject to the following:
(1)
The minimum lot size shall be 3.0 acres.
(2)
No building or part thereof or any parking or loading area shall
be located within 75 feet of any street line or lot line.
(3)
The sum of all areas covered by all principal and accessory buildings
shall not exceed 30% of lot area, and the sum of all areas covered
by impervious surfaces shall not exceed 50% of the lot area.
(4)
The maximum height shall not exceed either 35 feet or 2 1/2
stories.
D.
Additional accessory uses. In addition to the permitted accessory
uses specified in Appendix A[3] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(3)
Bars or taverns, indoor entertainment or recreation; provided, however,
that they are an integral part of the primary use, the total square
footage of such uses shall not constitute more than 30% of the building
area and the site can accommodate any required additional parking.
(4)
Clubhouses
and community centers constructed within a residential community for
the use by its residents, which shall be operated by a homeowners,
co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
[3]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the CDD District shall
be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F.
Special provisions applicable to CDD.
(1)
Deductions from developable land area. The land located in the CDD
has been identified by the Comprehensive Plan and, if applicable,
LWRP, as having unique, natural environmental features. In order to
help preserve and conserve these features, the following lands shall
be deducted from the developable land area for the purposes of determining
whether a development proposal complies with coverage, lot area and
density requirements: Wetlands shall be deducted in their entirety.
(2)
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.
(3)
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.
(4)
Open space. Open space should be maximized. To the greatest extent
reasonably practicable, any open space proposed on site plans of adjoining
properties should be connected and coordinated.
(5)
Site analysis. The site plan applicant shall cause a site analysis
to be prepared that shall demonstrate that the proposed application
preserves and enhances the natural ecosystem on the site, including
consideration of the elements listed below to the maximum extent practicable.
Consideration shall be given to these elements independently and to
the way they work together to form a natural ecosystem. Consideration
shall also be given to historical and cultural elements that lend
character to the site. The applicant shall demonstrate that the proposal
incorporates the cultural heritage and community character of the
Village of Ossining to the maximum extent practicable. The elements
are:
(a)
Streams and other water bodies.
(b)
Forested uplands.
(c)
Views of the Hudson River, forested uplands and other natural
features from public rights-of-way.
(d)
Wetlands, swamps and vernal pools.
(e)
Steep slopes and other hillsides.
(f)
Potential pedestrian connections to RiverWalk, the Croton Aqueduct
and existing neighborhoods.
(g)
Archaeological sites and historical buildings.
(h)
Habitat of threatened and endangered species.
(6)
The minimum habitable floor area for each dwelling unit in the CDD
shall be 450 square feet for an efficiency or studio unit, 600 square
feet for a one-bedroom unit, 750 square feet for a two-bedroom unit
and 250 additional square feet for each additional bedroom in units
with three or more bedrooms.
G.
Affordable housing. An applicant for a residential use in the CDD District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
H.
Density bonus incentives.
(1)
An applicant may apply to the Planning Board for one or more density
bonuses in exchange for providing amenities to the Village of Ossining.
The Planning Board may, at its discretion and subject to the standards
and considerations set forth below, grant density bonuses as set forth
in Appendix B[5] for developments in the CDD District in exchange for an
applicant providing one or more of the following amenities:
(a)
Provision of a portion of publicly accessible RiverWalk: providing
a portion of RiverWalk that shall contain a trailway having an average
width of not less than 25 feet unless a lesser width is permitted
by the Planning Board. The trailway shall not be less than 15 feet
wide at any point except where space constraints require a reduction
in width. The trailway shall consist principally of paved or wood
surfaces, but may also include landscaped areas, sitting areas, benches,
gazebos and suitable lighting facilities. The dimensions and location
of the RiverWalk trailway may be negotiated with the Planning Board.
(b)
Provision of public park or public open space: committing a
significant portion of contiguous land to public park or public open
space use, either by conveying the land to the Village for such purposes
or by other means, such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c)
Historic preservation: preserving a significant portion of a
building(s) or structure(s) identified by the Planning Board and agreed
to by the Historic Review Commission as being of historical, cultural
or architectural significance.
(d)
Use of green building techniques. After construction, the development
would achieve LEED Gold certification or a similar level of standards.
The Planning Board may modify the LEED certification level if the
applicant is able to demonstrate that the particularities of the development
warrant modification due to site constraints or financial hardships
that are directly related to the development of the project. At a
minimum, the applicant would have to achieve LEED Silver certification
or similar standard. An applicant pursuing a similar standard would
have to demonstrate that the green building technologies being incorporated
into the project are of similar or greater efficiency in water and
energy usage and produce a carbon footprint that is similar or smaller
than the LEED Gold certification.
(e)
Brownfields remediation. Environmental remediation work conducted
on site that is not already substantially subsidized by state or other
funding but is required in order for the development to take place.
(f)
Contribution to non-site-related infrastructure improvements.
As negotiated by the Planning Board, non-site-related improvements
would be improvements that are not directly needed, required or related
to the development of the proposed project but will be able to be
utilized by the proposed project's residents or will indirectly improve
the project or its site-related infrastructure. Infrastructure improvements
may include sidewalk, street or water and sewer system improvements.
This list is not exhaustive, and the Village Engineer may provide
recommendations to the Planning Board.
(g)
Provision of public artwork: incorporation of publicly accessible
artwork, sculpture, monument or other permanent aesthetic structure
on a development site or at a designated off-site location as negotiated
by the Planning Board.
(h)
Streambank restoration or stabilization: maximizing and facilitating
streambank restoration or stabilization of tributaries of the Hudson
River or other local streams.
[5]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2)
The Planning Board shall grant a density bonus of 10% for each amenity
offered, provided that the Planning Board finds that the amenity is
proportional to such density bonus. Notwithstanding the foregoing,
such bonus(es) shall not exceed the maximum number of dwelling units
specified in Appendix B.[6]
[6]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(3)
The bonus permitted under this subsection is a bonus in permissible
density only and does not authorize deviation from or enlargement
of any bulk or lot coverage restrictions.
(4)
In awarding a bonus for the amenities listed above, the Planning
Board shall:
(a)
Consider the incentives being proposed by the applicant and
the degree to which the proposed amenity is compatible with the goals
and objectives for the zoning district and the Village as a whole.
(b)
Set forth, in detail, the amenities to be provided by the applicant,
how those amenities further the purposes of the LWRP, if applicable,
and Comprehensive Plan, and, in particular, how they preserve and
enhance the unique aesthetic, recreational, environmental and/or historic
qualities and features of this district for the benefit and enjoyment
of the entire community and otherwise promote the public health, safety
and welfare of the community.
(c)
Set forth, in detail, the relationship between the amenities
being provided and the bonus being awarded and shall specify the rationale
supporting the proportionality of the amenities to the bonus. The
public benefit improvements provided shall be roughly proportional
in nature and extent to the bonus granted, and their proportionality
shall be demonstrated by the applicant and agreed to by the Planning
Board. The cost of the improvements need not equal the value of the
benefits granted.
(5)
The provision of public park or open space pursuant to § 270-19H(1)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A.
Purpose.
(1)
To encourage mixed-use development on small properties near the Metro-North
train station that will protect and promote the adaptive reuse of
existing architecturally noteworthy buildings.
(2)
To increase business near the train station by permitting uses that
promote activity around the train station.
(3)
To provide opportunities for residential uses downtown to encourage
street life during the day and evening.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the SP-N District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C.
Conditional uses. The following conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below: All residential dwelling units shall be subject to the following requirements:
(1)
Residential dwelling units shall only be permitted above nonresidential
uses. No part of any residential unit shall be located on the ground
floor or in a basement.
(2)
Residential dwelling units shall have a main entrance to the outside
that is separate from any entrance used for nonresidential uses.
(3)
The minimum habitable floor area for each dwelling unit shall be
450 square feet for an efficiency or studio unit, 600 square feet
for a one-bedroom unit; 750 square feet for a two-bedroom unit; and
250 additional square feet for each additional bedroom in units with
three or more bedrooms.
D.
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: 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.
E.
Bulk requirements. Bulk requirements in the SP-N District shall be
as provided in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F.
Parking requirements. Parking requirements in the SP-N District shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the SP-S District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end 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: 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.
D.
Bulk requirements. Bulk requirements in the SP-S District shall be
as provided in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the SP-N District shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A.
Purpose: to establish a carefully designed mixed-use 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, business and residential
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 development, both commercial and residential.
(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]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end 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.
(3)
Clubhouses
and community centers constructed within a residential community for
the use by its residents, which shall be operated by a homeowners,
co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
D.
Bulk requirements. Bulk requirements in the RDD shall be as provided
in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the RDD District shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of 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, density 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)
The minimum habitable floor area for each dwelling unit shall be
450 square feet for an efficiency or studio unit, 600 square feet
for a one-bedroom unit, 750 square feet for a two-bedroom unit and
250 additional square feet for each additional bedroom in units with
three or more bedrooms.
(7)
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. Mixed use is considered an important factor in 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.
Affordable housing. An applicant for a residential use in the RDD District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
H.
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.[4] "Affordable rental housing" means residential units which,
for a period of not less than 25 years, shall be restricted to occupancy
by households whose income is less than or equal to 80% of the Westchester
County median income as determined by the United States Department
of Housing and Urban Development, the rents or carrying charges of
which may be met with 30% of the gross household income adjusted only
for family size, excluding utilities. "Affordable sale housing" means
residential units which, for a period of not less than 25 years, shall
be restricted to occupancy by households whose income is less than
or equal to 80% of the Westchester County median income as determined
by the United States Department of Housing and Urban Development,
the purchase price of which shall not exceed three times the household
income. Notwithstanding the foregoing, an applicant can satisfy the
affordable housing requirement by the payment to the Village of a
fee-in-lieu for each approved residential unit, the amount of such
per unit fee-in-lieu to be determined from time to time by the Village
Board; 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;
(g)
Fitness centers;
(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:
(j)
Public utility buildings or structures;
(k)
Drinking establishments;
(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;[5] and
[5]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
(c)
Swimming pools.
(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
(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;
(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.
A.
Purpose: to establish a carefully designed mixed-use development
plan for the waterfront area that will implement the planning goals
and objectives of the Comprehensive Plan, and the Local Waterfront
Revitalization Plan, and protect and promote the environment and public
health, safety and general welfare of the community. This purpose
will be achieved by:
(1)
Permitting recreational, open space, commercial, business and residential
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)
Protecting the water quality of the streams and watercourses leading
into the Hudson River, including fish, wildlife and natural vegetation;
requiring the use of best management practices with respect to protection
of water quality, stormwater management and erosion and sediment control;[1] minimizing construction on or regrading of steeply sloped
areas; enhancing the aesthetics of these natural resources to the
greatest extent feasible by protecting scenic views.
(4)
Protecting the sensitive aesthetic, recreational, historic and environmental
features that exist in the waterfront.
(5)
Preserving views of the Hudson River and Hudson Palisades for maximum
enjoyment and benefit by the community as a whole.
(6)
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 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.
(b)
Bring people to the waterfront area and ensure appropriate density
of development, both commercial and residential.
(c)
Ensure appropriate location and screening of parking, utility
installations and accessories, lighting and sign locations.
(d)
Provide means of various housing opportunities that help meet
the needs of the community, including affordable housing and senior
citizen housing.
B.
Uses. Permitted principal, accessory, conditional and special permit
uses in the Planned Waterfront Districts shall be as provided in Appendix
A.[2]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end 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.
(3)
Clubhouses
and community centers constructed within a residential community for
the use by its residents, which shall be operated by a homeowners,
co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
D.
Bulk requirements. Bulk requirements in the Planned Waterfront Districts
shall be as provided in Appendix B[3] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the Planned Waterfront
Districts shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this
chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F.
Special provisions applicable to Planned Waterfront Districts.
(1)
Open space. Open space should be maximized. To the greatest extent
reasonably practicable, any open space proposed on site plans of adjoining
properties should be connected and coordinated.
(2)
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.
(3)
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.
(4)
The site plan applicant shall cause a site analysis to be prepared
that shall demonstrate that the proposed application preserves and
enhances the natural ecosystem on the site, including consideration
of the elements listed below, to the maximum extent practicable. Consideration
shall be given to these elements independently and to the way they
work together to form a natural ecosystem. Consideration shall also
be given to historical and cultural elements that lend character to
the site. The applicant shall demonstrate that the proposal incorporates
the cultural heritage and community character of the Village of Ossining
to the maximum extent practicable. The elements are:
(a)
Streams and other water bodies.
(b)
Forested uplands.
(c)
Views of the Hudson River, forested uplands and other natural
features from public rights-of-way.
(d)
Wetlands, swamps and vernal pools.
(e)
Steep slopes and other hillsides.
(f)
Potential pedestrian connections to RiverWalk, the Croton Aqueduct
and existing neighborhoods.
(g)
Archaeological sites and historical buildings.
(h)
Habitat of threatened and endangered species.
(5)
The minimum habitable floor area for each dwelling unit in the PW
District shall be 450 square feet for an efficiency or studio unit,
600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom
unit and 250 additional square feet for each additional bedroom in
units with three or more bedrooms.
G.
H.
Affordable housing. An applicant for a residential use in the Planned Waterfront District, or any subdistrict thereof, must provide affordable housing pursuant to the requirements of Chapter 62, Affordable Housing.
I.
Planned Waterfront special permit:
(1)
Purpose. Numerous contiguous lots in the Planned Waterfront District
have common ownership, but are not officially assembled. Keeping those
properties in common ownership will help promote the objectives of
the waterfront zoning by allowing greater flexibility in site plans.
These larger sites will be able to accommodate additional densities
and provide more amenities to the Village than smaller, separate lots
would be able to provide. Developing a planned waterfront will further
the objectives outlined in the Comprehensive Plan by promoting assemblages
of parcels that create opportunities for transit-oriented development
surrounding the Metro-North station and Ossining Dock by in-filling
parcels with diverse land uses. The purpose of this subsection is
to allow the granting of a special permit that, in exchange for the
provision of certain amenities, will allow increased densities for
particular developments meeting the criteria below.
(2)
Eligibility. Applications can be made for a special permit allowing for increased density in the Planned Waterfront Districts based on the procedures outlined in Article XI for parcels comprised of at least three acres. Contiguous or adjacent lots (even if separated by a public road) where the aggregate area of such lots is at least three acres and development of such lots is proposed in one integrated site plan shall qualify for such special permit.
(3)
As part of the site plan for the planned development, the applicant
must include the following:
(a)
Lots under the same ownership that are part of this special
permit application shall be combined and considered as one lot.
(4)
Density bonus incentives. An applicant may apply to the Planning
Board for one or more density bonuses in exchange for providing amenities
to the Village of Ossining. The Planning Board may, at its discretion
and subject to the standards and considerations set forth below, grant
density bonuses as set forth in Appendix B[7] for developments in the PW District in exchange for an
applicant providing one or more of the following amenities:
(a)
Provision of a portion of publicly accessible RiverWalk: providing
a portion of RiverWalk that shall contain a trailway having an average
width of not less than 25 feet, unless a lesser width is permitted
by the Planning Board. The trailway shall not be less than 15 feet
wide at any point except where space constraints require a reduction
in width. The trailway shall consist principally of paved or wood
surfaces, but may also include landscaped areas, sitting areas, benches,
gazebos and suitable lighting facilities. The dimensions and location
of the RiverWalk trailway may be negotiated with the Planning Board.
(b)
Provision of public park or public open space: committing a
significant portion of contiguous land to public park or public open
space use, either by conveying the land to the Village for such purposes
or by other means such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c)
Historic preservation: preserving a significant portion of a
building(s) or structure(s) identified by the Planning Board and agreed
to by the Historic Review Commission as being of historical, cultural
or architectural significance.
(d)
Use of green building techniques. After construction, the development
would achieve LEED Gold certification or a similar level of standards.
The Planning Board may modify the LEED certification level if the
applicant is able to demonstrate that the particularities of the development
warrant modification due to site constraints or financial hardships
that are directly related to the development of the project. At a
minimum, the applicant would have to achieve LEED Silver certification
or similar standard. An applicant pursuing a similar standard would
have to demonstrate that the green building technologies being incorporated
into the project are of similar or greater efficiency in water and
energy usage and produce a carbon footprint that is similar or smaller
than the LEED Gold certification.
(e)
Brownfields remediation: environmental remediation work conducted
on site that is not already substantially subsidized by state or other
funding but is required in order for the development to take place.
(f)
Contribution to non-site-related infrastructure improvements.
As negotiated by the Planning Board, non-site-related improvements
would be improvements that are not directly needed, required or related
to the development of the proposed project but will be able to be
utilized by the proposed project's residents or will indirectly improve
the project or its site-related infrastructure. Infrastructure improvements
may include sidewalk, street or water and sewer system improvements.
This list is not exhaustive, and the Village Engineer may provide
recommendations to the Planning Board.
(g)
Provision of public artwork: incorporation of publicly accessible
artwork, sculpture, monument or other permanent aesthetic structure
on a development site or at a designated off-site location as negotiated
by the Planning Board.
(h)
Streambank restoration or stabilization: maximizing and facilitating
streambank restoration or stabilization of tributaries of the Hudson
River or other local streams.
[7]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(5)
The Planning Board shall grant a density bonus of 10% for each amenity
offered, provided that the Planning Board finds that the amenity is
proportional to such density bonus. Notwithstanding the foregoing,
such bonus(es) shall not exceed the maximum number of dwelling units
specified in Appendix B.[8]
[8]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(6)
The bonus permitted under this subsection is a bonus in permissible
density only and does not authorize deviation from or enlargement
of any bulk or lot coverage restrictions.
(7)
In awarding a bonus for the amenities listed above, the Planning
Board shall:
(a)
Consider the incentives being proposed by the applicant and
the degree to which the proposed amenity is compatible with the goals
and objectives for the zoning district and the Village as a whole.
(b)
Set forth, in detail, the amenities to be provided by the applicant,
how those amenities further the purposes of the LWRP, if applicable,
and Comprehensive Plan, and, in particular, how they preserve and
enhance the unique aesthetic, recreational, environmental and/or historic
qualities and features of this district for the benefit and enjoyment
of the entire community and otherwise promote the public health, safety
and welfare of the community;
(c)
Set forth, in detail, the relationship between the amenities
being provided and the bonus being awarded and shall specify the rationale
supporting the proportionality of the amenities to the bonus. The
public benefit improvements provided shall be roughly proportional
in nature and extent to the bonus granted, and their proportionality
shall be demonstrated by the applicant and agreed to by the Planning
Board. The cost of the improvements need not equal the value of the
benefits granted.
(8)
The provision of public park or public open space pursuant to § 270-23I(4)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A.
Purpose. To establish a carefully designed mixed-use redevelopment
plan for the Sing Sing Correctional Facility 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, business and residential
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 objectives
expressed in the Village's Comprehensive Plan and, if applicable,
the Local Waterfront Revitalization Plan (LWRP).
(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 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 and will encourage the overall
development of Ossining.
(b)
Encourage appropriate uses of this area to preserve and enhance
mixed use of old institutional buildings that could 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 development, both commercial and residential.
(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 IR District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end 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.
(3)
Clubhouses
and community centers constructed within a residential community for
the use by its residents, which shall be operated by a homeowners,
co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
D.
Bulk requirements. Bulk requirements in the IR District shall be
as provided in Appendix B[2] and subject to the additional requirements specified in
this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E.
Parking requirements. Parking requirements in the IR District shall
be as provided in Appendix C[3] and subject to requirements specified elsewhere in this
chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F.
Special provisions applicable to the IR District.
(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, density or coverage.
(2)
Riverfront setback. No building or structure shall be located within
50 feet of the more inland of: the normal high-waterline of the Hudson
River or, if present, the inland edge of a riprap or other embankment,
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, except that no part of any building or structure shall
be closer than 25 feet to the more inland of the normal high-water
line or the inland edge of a riprap or other embankment, if present.
No parking or loading area shall be situated within such setback.
(3)
Open space and water-related activities. Open space and water-related
activities should be maximized. Where possible, 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)
Site analysis. The site plan applicant shall cause a site analysis
to be prepared that shall demonstrate that the proposed application
preserves and enhances the natural ecosystem on the site, including
consideration of the elements listed below, to the maximum extent
practicable. Consideration shall be given to these elements independently
and to the way they work together to form a natural ecosystem. Consideration
shall also be given to historical and cultural elements that lend
character to the site. The applicant shall demonstrate that the proposal
incorporates the cultural heritage and community character of the
Village of Ossining to the maximum extent practicable. The elements
are:
(a)
Streams and other water bodies.
(b)
Forested uplands.
(c)
Views of the Hudson River, forested uplands and other natural
features from public rights-of-way.
(d)
Wetlands, swamps and vernal pools.
(e)
Steep slopes and other hillsides.
(f)
Potential pedestrian connections to RiverWalk, the Croton Aqueduct
and existing neighborhoods.
(g)
Archaeological sites and historical buildings.
(h)
Habitat of threatened and endangered species.
(7)
The minimum habitable floor area for each dwelling unit in the IR
District shall be 450 square feet for an efficiency or studio unit,
600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom
unit and 250 additional square feet for each additional bedroom in
units with three or more bedrooms.
G.
Affordable housing. An applicant for a residential use in the IR District must provide affordable housing pursuant to the requirements of Chapter 62, Affordable Housing.
H.
Density bonus incentives.
(1)
An applicant may apply to the Planning Board for one or more density
bonuses in exchange for providing amenities to the Village of Ossining.
The Planning Board may, at its discretion and subject to the standards
and considerations set forth below, grant density bonuses as set forth
in Appendix B[4] for developments in the IR District in exchange for an
applicant providing one or more of the following amenities:
(a)
Provision of a portion of publicly accessible RiverWalk: providing
a portion of RiverWalk that shall contain a trailway having an average
width of not less than 25 feet, unless a lesser width is permitted
by the Planning Board. The trailway shall not be less than 15 feet
wide at any point except where space constraints require a reduction
in width. The trailway shall consist principally of paved or wood
surfaces, but may also include landscaped areas, sitting areas, benches,
gazebos and suitable lighting facilities. The dimensions and location
of the RiverWalk trailway may be negotiated with the Planning Board.
(b)
Provision of public park or public open space: committing a
significant portion of contiguous land to public park or public open
space use, either by conveying the land to the Village for such purposes
or by other means, such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c)
Historic preservation: preserving a significant portion of a
building(s) or structure(s) identified by the Planning Board and agreed
to by the Historic Review Commission as being of historical, cultural
or architectural significance.
(d)
Use of green building techniques. After construction, the development
would achieve LEED Gold certification or a similar level of standards.
The Planning Board may modify the LEED certification level if the
applicant is able to demonstrate that the particularities of the development
warrant modification due to site constraints or financial hardships
that are directly related to the development of the project. At a
minimum, the applicant would have to achieve LEED Silver certification
or similar standard. An applicant pursuing a similar standard would
have to demonstrate that the green building technologies being incorporated
into the project are of similar or greater efficiency in water and
energy usage and produce a carbon footprint that is similar or smaller
than the LEED Gold certification.
(e)
Brownfields remediation: environmental remediation work conducted
on site that is not already substantially subsidized by state or other
funding but is required in order for the development to take place.
(f)
Contribution to non-site-related infrastructure improvements.
As negotiated by the Planning Board, non-site-related improvements
would be improvements that are not directly needed, required or related
to the development of the proposed project but will be able to be
utilized by the proposed project's residents or will indirectly improve
the project or its site-related infrastructure. Infrastructure improvements
may include sidewalk, street or water and sewer system improvements.
This list is not exhaustive, and the Village Engineer may provide
recommendations to the Planning Board.
(g)
Provision of public artwork: incorporation of publicly accessible
artwork, sculpture, monument or other permanent aesthetic structure
on a development site or at a designated off-site location as negotiated
by the Planning Board.
(h)
Streambank restoration or stabilization: maximizing and facilitating
streambank restoration or stabilization of tributaries of the Hudson
River or other local streams.
[4]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2)
The Planning Board shall grant a density bonus of 10% for each amenity
offered, provided that the Planning Board finds that the amenity is
proportional to such density bonus. Notwithstanding the foregoing,
such bonus(es) shall not exceed the maximum number of dwelling units
specified in Appendix B.[5]
[5]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(3)
The bonus permitted under this subsection is a bonus in permissible
density only and does not authorize deviation from or enlargement
of any bulk or lot coverage restrictions.
(4)
In awarding a bonus for the amenities listed above, the Planning
Board shall:
(a)
Consider the incentives being proposed by the applicant and
the degree to which the proposed amenity is compatible with the goals
and objectives for the zoning district and the Village as a whole.
(b)
Set forth, in detail, the amenities to be provided by the applicant,
how those amenities further the purposes of the LWRP, if applicable,
and Comprehensive Plan, and, in particular, how they preserve and
enhance the unique aesthetic, recreational, environmental and/or historic
qualities and features of this district for the benefit and enjoyment
of the entire community and otherwise promote the public health, safety
and welfare of the community.
(c)
Set forth, in detail, the relationship between the amenities
being provided and the bonus being awarded and shall specify the rationale
supporting the proportionality of the amenities to the bonus. The
public benefit improvements provided shall be roughly proportional
in nature and extent to the bonus granted and their proportionality
shall be demonstrated by the applicant and agreed to by the Planning
Board. The cost of the improvements need not equal the value of the
benefits granted.
(5)
The provision of public park or public open space pursuant to § 270-24H(1)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A.
Purpose. It is the purpose of this section to promote the educational,
cultural, economic and general welfare of the public through the creation,
protection, enhancement, perpetuation and preservation of Historical
and Architectural Design Districts and Historic Landmarks. The Board
of Trustees of the Village of Ossining, New York, declares that it
is a public purpose to ensure that the distinctive and historical
character of Historical and Architectural Design Districts and Historic
Landmarks shall not be injuriously affected, that the value to the
community of buildings having architectural and historical worth shall
not be impaired, and that said Historical and Architectural Design
Districts and Historic Landmarks shall be maintained and preserved
to promote their use for the education, pleasure and welfare of the
citizens of the Village of Ossining, New York, and others.
B.
Historic Preservation Commission.
(1)
There shall be a Historic Preservation Commission consisting of seven
members appointed by the Village Manager of the Village of Ossining.
(a)
All members shall have a known interest in historic preservation
and architectural development within the Village of Ossining.
(b)
The membership of the Commission shall include:
[1]
At least one member with practical experience in the field of
architecture or urban design;
[2]
At least one member with practical experience in urban planning,
land development or real estate;
[3]
At least one member who is a resident of a designated Historical
and Architectural Design District or of a property that has been designated
as a local Historic Landmark; and
[Amended 8-2-2011 by L.L. No. 3-2011]
[4]
At least one member who has demonstrated significant interest
in and commitment to the field of historic preservation or local history,
evidenced either by involvement in a historic preservation group or
historical society, employment or volunteer activity in the field
of historic preservation, or other practical demonstration of interest.
(c)
It is not necessary to appoint a separate Commission member
to fulfill each of the above categories. A single member with the
requisite experience or expertise can fulfill more than one of the
categories.
(2)
Members are to be appointed for terms of five years, provided that
of those members first taking office, one shall be appointed for one
year, one for two years, one for three years, one for four years and
one for five years. Members whose terms have expired shall continue
to serve as members of the Historic Preservation Commission until
the member is reappointed, resigns or a new member is appointed in
place of the departing member. A member may be appointed to a maximum
of two consecutive terms (10 years). If the member has served for
two consecutive terms, that member must be off the Historic Preservation
Commission for one year before applying for appointment to the Commission.
Commission members shall annually elect one of its members as Chairperson.
[Amended 12-20-2017 by L.L. No. 9-2017]
(3)
At least four members of the Historic Preservation Commission shall
constitute a quorum for the transaction of its business or the performance
of its functions, and the concurring vote of three members of the
Historic Preservation Commission shall be necessary for the adoption
of any recommendations, motions or other acts of the Historic Preservation
Commission.
(4)
All members of the Commission shall be required to attend a minimum
of 75% of the Commission's meetings scheduled within a calendar year.
Noncompliance with minimum requirements relating to attendance at
meetings shall be deemed a proper cause for removal from office by
the Board of Trustees.
[Added 12-20-2017 by L.L.
No. 9-2017[1]]
[1]
Editor's Note: This local law also renumbered former Subsection
B(4) through (9) as Subsection B(10) through (15), respectively.
(5)
All members of the Commission shall be required to attend a minimum
of four hours in relevant courses annually. Noncompliance with minimum
requirements relating to training shall be deemed a proper cause for
removal from office by the Board of Trustees.
[Added 12-20-2017 by L.L.
No. 9-2017]
(6)
The cost for such training sessions shall be a Village charge. Members
shall be reimbursed for travel and meal expenses in accord with Village
policy.
[Added 12-20-2017 by L.L.
No. 9-2017]
(7)
Training sessions which relate to the duties of members of the Commission
may include programs offered by the New York State Department of State,
New York State Department of Environmental Conservation, New York
State Historic Preservation Office, Westchester County Planning Department,
Westchester Municipal Planning Federation and such other entities
as well as in-house updates and seminars. The Village Manager, after
discussion with the Director of Planning and Development and the Commission
Chairperson, shall annually designate such seminars, workshops, or
continuing education courses which may be offered within a reasonable
distance and which may be helpful to the Commission members in carrying
out their responsibilities in a timely, fair and lawful manner.
[Added 12-20-2017 by L.L.
No. 9-2017]
(8)
The Commission Chairperson shall notify the Village Manager and the
Director of Planning and Development in writing on or about December
1 in any year, or at any other time if so warranted, of any member
who fails to comply with the minimum requirements for meeting attendance
and/or training in any calendar year.
[Added 12-20-2017 by L.L.
No. 9-2017]
(9)
Notwithstanding the foregoing attendance and training requirements,
the failure of a Commission member to attend the required percentage
of meetings or obtain the required annual training shall not affect
the member's ability to hear, deliberate and vote on any applications
before the Commission. No decision of the Commission shall be voided
or declared invalid due to a member's failure to meet the annual attendance
and/or training requirements.
[Added 12-20-2017 by L.L.
No. 9-2017]
(10)
The Historic Preservation Commission shall adopt rules for the
transaction of its business which shall provide for the time and frequency
of its meetings. They shall hold meetings monthly (unless not needed)
and shall provide for the calling of special meetings as needed. All
regular or special meetings of the Commission shall be open to the
public, and any person or his duly constituted representative shall
be entitled to appear and be heard on any matter before the Commission
before it reaches its conclusions.
(11)
The Commission shall submit an annual report of its activities
to the Village Board of Trustees.
(12)
The Commission shall cause to be published checklists and application
forms which shall specify the materials required of each application
for designation of landmarks or historic districts or for a certificate
of appropriateness and the number of copies to be submitted.
(13)
The Historic Preservation Commission may request the Village
Board of Trustees to retain or employ professional consultants, or
other such personnel as may be necessary to perform its functions,
subject to budgetary appropriation by the Village Board.
(14)
The duties of the Historic Preservation Commission shall be
as follows:
(a)
To hear applications for and recommend the designation of landmarks
and historic districts to the Board of Trustees in accordance with
the procedures set forth herein;
(b)
To hear and approve or disapprove applications for certificates
of appropriateness pursuant to the criteria set forth herein;
(c)
To determine whether an application submitted to it pursuant
to this section is complete and to hear and decide requests for waivers
of required application items; and
(d)
To hear applications for and recommend to the Board of Trustees
the donation of facade easements.
(15)
The Historic Preservation Commission shall have the following
additional powers which it may exercise as it deems appropriate or
at the request of the Board of Trustees, Board of Architectural Review
or Planning Board.
(a)
To develop a plan for the protection, preservation and enhancement
of places and features of architectural or historical significance;
(b)
To designate identified structures or resources as landmarks
or historic districts;
(c)
To conduct surveys of buildings for the purpose of determining
those of historical, architectural and cultural landmarks and historic
districts within the Village;
(d)
To formulate recommendations concerning the preparation of maps,
brochures and historical markers for selected historical and/or architectural
sites and landmarks;
(e)
To cooperate with and advise municipal agencies and officials in matters involving historical and/or architectural sites and landmarks pursuant to, but not limited to, Subsection C of this section;
(f)
To develop and participate in public education programs to increase
public awareness of the value of historic, cultural and architectural
preservation;
(g)
To advise owners of historical buildings on issues of restoration
and preservation;
(h)
To advise the Village Board of Trustees with respect to the
utilization of state, federal or private funds to promote the preservation
of landmarks and historic districts within the Village;
(i)
To advise the Village Board of Trustees with respect to the
acquisition of a landmark structure where its preservation is essential
to the purposes of this section and where private preservation is
not feasible; and
(j)
To advise the Village Board of Trustees concerning the acquisition
of facade easements or other interests in real property, as necessary,
to carry out the purposes of this section.
C.
Designation of Historic Landmark or Historic Architectural Design
District.
[Amended 8-2-2011 by L.L. No. 3-2011]
(1)
Application procedure.
(a)
Application for designation shall be made, in writing, to the
Historic Preservation Commission or by the Historic Preservation Commission
and shall include a brief outline of the location of the district
or landmark and the reasons why it should be considered, as well as
all items required by the application checklist and forms published
by the Commission. For an historic district, a description of the
general character of the area is also required.
(b)
The Historic Preservation Commission shall, within 90 calendar
days of a complete application, prepare a report giving an opinion
on the application, hold a public hearing on the application and issue
a recommendation on the application to the Board of Trustees. Notice
of the hearing shall appear at least seven days in advance of the
hearing in the local newspaper. At the public hearing, a formal presentation
may be made by the applicants. Documentation and evidence shall be
entered regarding the historical and architectural quality of the
proposed landmark or district, and statements may be made by interested
parties relating to the merits of such designation. The record may
also contain staff reports, public comments or other evidence offered
outside of the hearing, provided such reports, comments and evidence
are introduced and marked at the hearing.
(c)
An application shall be provided to the Planning Board and Board
of Trustees, in such number of copies as may be required by the Planning
Board Secretary and Village Clerk, at the time of submission to the
Historic Preservation Commission.
(d)
The Planning Board may review and make recommendations to the
Commission on the application at or prior to the public hearing.
(e)
Following a positive recommendation of the designation by the Historic Preservation Commission, the Board of Trustees shall take up the application. The Board shall hold a public hearing on the application, with notice given at least seven days in advance of the hearing in the local newspaper. The Board of Trustees shall give notice of such public hearing to the owners of the parcels being considered for designation, including all parcels situated within a proposed historical district, at least 14 days before the public hearing by either personal delivery or certified mail, return receipt requested. At the hearing, the Board of Trustees shall consider the report and recommendation of the Historic Preservation Commission and the evidence that was entered into the record at the hearing held by the Commission. New evidence may also be entered into the record at the Board of Trustees' hearing by the Board, the Commission or any interested party. Following the close of the Board of Trustees' hearing, the Board shall render a final decision using the criteria set forth in § 270-25C(5)(a).
(f)
The Board of Trustees' decision may be appealed to the New York
State Supreme Court for review by a proceeding under Article 78 of
the New York State Civil Practice Law and Rules.
(2)
Upon entertaining an application for designation, notice that such
application is being considered shall be given by the Historic Preservation
Commission at least 30 days before the public hearing by either personal
delivery or certified mail, return receipt requested, to the owners
of the parcels being considered for designation, including all parcels
situated within a proposed historical district, and to the Building
Department.
(3)
Upon receipt of notice that the Historic Preservation Commission
is considering an area for designation as an historic district or
a building or property for landmark status, the Building Department
shall not issue any permit for the demolition, alteration or improvement
of properties within the stated boundaries of said proposed district
or historic landmark until and unless final determination has been
made that said proposed district or landmark has been denied designation.
(5)
Determination of appropriateness of designation of landmark or historic
district.
(a)
In determining the appropriateness of designation of a Historical
and Architectural Design District or Historic Landmark, the following
criteria shall be followed in addition to any other factors which
the Commission or Board of Trustees might consider pertinent under
the individual circumstances:
[1]
Historical and Architectural Design District (HADD). An area
of the Village which contains properties which meet one or more of
the criteria for designation as a landmark and, by reason of possessing
such qualities, constitutes a distinct section of the Village. The
boundaries of each HADD designated henceforth shall be specified,
in detail, and shall be filed, in writing, in the Village Clerk's
office for public inspection.
[2]
Historic Landmark. A building, structure or parcel of land not
located in a designated HADD, which possesses one or more of the following
characteristics:
[a]
Possesses special character or historic or aesthetic
interest or value as part of the cultural, political, economic or
social history of the locality, region, state or nation; or
[b]
Is identified with historic personages; or
[c]
In the case of structures, embodying distinctive
characteristics of a type, period or method of construction or representing
the work of a master or possessing unique architectural and artistic
qualities or representing a significant and distinguishable entity;
or
[d]
Which has been duly included on the National Register
of Historic Places, maintained by the United States Secretary of the
Interior, or which has been duly included on the New York State Historic
and Natural Districts Inventory or New York State Archaeological Site
Inventory, maintained by the New York State Office of Parks, Recreation
and Historic Preservation; or
[e]
Because of unique location or singular physical
characteristic, represents an established and familiar visual feature
of the neighborhood.
D.
Donation of facade easements.
(1)
Application procedure.
(a)
Application for donation of facade easements shall be made,
in writing, to the Historic Preservation Commission by the property
owner and shall include a brief outline of the location of the facade
and the reasons why it should be considered, as well as all items
required by the application checklist and forms published by the Commission.
(b)
The Historic Preservation Commission shall, within 90 calendar
days of a complete application, prepare a report giving an opinion
on the application, hold a public hearing on the application and issue
a recommendation on the application to the Board of Trustees. Notice
of the hearing shall appear at least seven days in advance of the
hearing in the Village's official newspaper. At the public hearing,
a formal presentation may be made by the applicants. Documentation
and evidence shall be entered regarding the historical and architectural
quality of the proposed landmark or district, and statements may be
made by interested parties relating to the merits of such designation.
The record may also contain staff reports, public comments or other
evidence offered outside of the hearing, provided such reports, comments
and evidence are introduced and marked at the hearing.
(c)
Following a positive recommendation of the designation by the
Historic Preservation Commission, the Board of Trustees shall take
up the application. The Board shall hold a public hearing on the application,
with notice given at least seven days in advance of the hearing in
the Village's official newspaper. At the hearing, the Board of Trustees
shall consider the report and recommendation of the Historic Preservation
Commission and the evidence that was entered into the record at the
hearing held by the Commission. New evidence may also be entered into
the record at the Board of Trustees' hearing by the Board, the Commission
or any interested party. Following the close of the Board of Trustees'
hearing, the Board shall render a final decision.
(d)
If the Board of Trustees denies the application, the decision
may be appealed to the New York State Supreme Court for review by
a proceeding under Article 78 of the New York State Civil Practice
Law and Rules.
(2)
Upon receipt of notice that the Historic Preservation Commission
is considering a facade easement, the Building Department shall not
issue any permit for the demolition, alteration or improvement of
the facade until and unless final determination has been made that
said proposed district has been denied designation.
(4)
Determination of appropriateness of designation. In determining the
appropriateness of designation of a facade easement, the following
criteria shall be followed, in addition to any other factors which
the Commission might consider pertinent under the individual circumstances:
The building is in a designated Historical and Architectural Design
District or is a designated Historic Landmark.
E.
Regulated conduct for alteration, demolition or new construction affecting landmarks or historic districts. Application. This section shall apply to all buildings, structures, outbuildings, walls, fences, steps, topographical features, earthworks, paving and signs within a district or on a landmark property and to buildings covered by facade easement agreements. No changes in any feature, including, but not limited to, construction, reconstruction, alteration or removal and demolition, shall be made nor shall a building permit be issued for such proposed work until a certificate of appropriateness has been issued by the Historic Preservation Commission except as hereinafter provided in Subsection K(1).
F.
Procedure for alteration, demolition or new construction affecting
Historic Landmarks or Historic Architectural Design Districts.
[Amended 8-2-2011 by L.L. No. 3-2011]
(1)
The Historic Preservation Commission shall classify all buildings
within a district so as to differentiate between those structures
that contribute to the district's historical and architectural value
and those that do not. An historic properties survey shall be conducted
at an interval of no more than every 20 years to ensure that the Commission's
records are current.
(2)
The Historic Preservation Commission shall develop a listing of changes
that may be commenced on buildings or sites classified as landmarks
or historic districts. Such changes shall be such that the Commission
feels they will not substantially cause to deteriorate or lower the
overall architectural and historical ambience and character of the
district. This listing of changes shall guide property owners and
tenants in the district and the Historic Preservation Commission in
determining whether or not a proposed exterior change will significantly
affect the character of the Historical and Architectural Design District.
(3)
The Historic Preservation Commission may grant certificates of appropriateness
for proposed changes not appearing on the listing of changes if they
determine that the proposed changes will not be detrimental to the
district or to the landmark. The Historic Preservation Commission
shall hold a public meeting on the application, with notice given
at least seven days in advance of the hearing in the Village's official
newspaper. The Historic Preservation Commission may provide rules
for participants wishing to speak in favor or against an application
to follow at public meetings. The Commission shall act upon a properly
completed application form within 60 days of the monthly submission
deadline. Failure of the Commission to take action within the prescribed
period of time shall constitute approval.
(a)
The following criteria will be used when granting a certificate
of appropriateness:
[1]
Properties contributing to the historic character of the district
shall be retained, with minimal alteration to their features;
[2]
Alteration of existing properties shall maintain compatibility
with their historic character and that of the surrounding district;
and
[3]
New construction shall be compatible with the overall architectural
and historic character of the district.
(b)
To determine compatibility with existing historic and architectural
character, the following factors shall be considered:
[1]
The proposed new construction or alteration's general design,
appropriateness and character in relation to the property itself,
surrounding properties and the neighborhood;
[2]
The scale of the proposed new construction or alteration in
relation to the property itself, surrounding properties and the neighborhood;
[3]
Materials, color and texture and their relation to similar features
of other neighborhood properties;
[4]
Visual compatibility with existing neighborhood properties,
including the proportions of the property's front facade, arrangement
and proportion of windows and other openings within the facade, roof
shape and the rhythm of spacing of properties on the street, including
setback; and
[5]
The importance of historic, architectural or other related features
to the significance of the property.
(4)
Notwithstanding any inconsistent ordinance, local law, code, rule
or regulation concerning the issuance of building permits, no change
in any exterior design or in a district, landmark or building covered
by a facade easement agreement shall be commenced without a certificate
of appropriateness from the Historic Preservation Commission nor shall
any building permit for such change be issued without such a certificate
of appropriateness having first been issued. The certificate of appropriateness
required by this section shall be in addition to and not in lieu of
any building permit that may be required by any law, local law, code,
rule or regulation of the Village of Ossining.
(5)
Application for a certificate of appropriateness shall be made, in
writing, upon forms prescribed by the Historic Preservation Commission
and shall be accompanied by the required fee as set forth in the fee
schedule of the Village Board[2] and shall contain the following:
(a)
Name, address and telephone number of the applicant;
(b)
Location of buildings, structures or land;
(c)
The exterior architectural features which are proposed to be
changed;
(d)
Building elevations that include the proposed change;
(e)
Samples of colors or materials to be used in the proposed change;
(f)
Where the proposed change includes signs or lettering, a scale
drawing showing the type of lettering, all dimensions and colors,
a description of materials to be used and the method of illumination,
if any, and a plan showing the location on the building or property;
and
(g)
Such other information as may be from time to time required.
[2]
Editor's Note: The Schedule of Fees is on file in the Village
offices.
(6)
If an applicant requires Board of Architectural Review approval as
well, application for a certificate of appropriateness shall be made
simultaneously with the filing of an application with the Board of
Architectural Review.
(7)
Application for certificates of appropriateness for nonstructural
changes to buildings shall be exempt from providing elevations or
perspective drawings.
(8)
New construction shall be sympathetic with and not disruptive of
architectural styles or historic value in an historic district and
shall generally conform to the United States Secretary of the Interior's
Standards for Rehabilitation.
G.
Issuance of certificate of appropriateness. Within 30 days after
an application is heard before the Historic Preservation Commission
and is deemed complete or within such further time as the applicant
may allow, the Historic Preservation Commission shall determine whether
the proposed construction, reconstruction or alteration of the exterior
architectural feature involved will be appropriate to the preservation
of the district or landmark for the purposes of this section. In passing
upon appropriateness, the Historic Preservation Commission shall consider,
in addition to any other pertinent factors, the historical and architectural
value and significance, architectural style, general design, arrangement,
texture, material and color of the exterior architectural feature
involved and the relationship thereof to the exterior architectural
features of other structures in the immediate neighborhood and the
Secretary of the Interior's standards for rehabilitation. Failure
of the Historic Preservation Commission to take action within the
prescribed period of time shall constitute approval.
H.
Hardship.
(1)
In such cases where it can be demonstrated that denial of a certificate
of appropriateness for construction, reconstruction or alteration
of an exterior architectural feature will involve a substantial hardship
to the applicant, such a certificate may be issued if it can also
be shown that though inappropriate to the structure involved, said
proposed action will not adversely affect the district generally.
Such a certificate may be issued without substantial detriment to
the public welfare and without substantial deviation from the intent
and purposes of this section. The applicant may apply for appropriate
relief from the requirements of this article or conditions imposed
by the Commission. In order to prove the existence of hardship, an
applicant shall establish that whether for income-producing purposes
or for private use, it is either unable to make any economically viable
use of the property or that the property's value is reduced to the
extent that only a bare residue of the value remains.
(2)
An applicant may seek relief from the Commission for the denial of
a certificate of appropriateness for a proposed demolition if substantial
hardship can be proven in accordance with the provisions of this section.
In order to prove the existence of hardship, an applicant whose certificate
of appropriateness for a proposed demolition has been denied shall
establish that:
(a)
The property is incapable of earning a reasonable return, regardless
of whether that return represents the most profitable return possible;
(b)
The property cannot be adapted for any other use, whether by
the current owner or by a purchaser, which would result in a reasonable
return; and
(c)
Efforts to find a purchaser interested in acquiring the property
and preserving it have failed.
(3)
A hardship applicant whose primary purpose or mission is philanthropic,
eleemosynary, religious or charitable and whose certificate of appropriateness
was proposed in furtherance of philanthropic, eleemosynary, religious
or charitable purposes shall establish that the Commission's action
seriously interferes with the applicant's ability to continue the
current use of the property and seriously interferes with the applicant's
philanthropic, eleemosynary, religious and charitable purposes.
(4)
The Commission may solicit expert testimony or require that the applicant
make submissions concerning any or all of the following information
before it makes a determination on the application for relief:
(a)
An estimate of the cost of the proposed construction, alteration,
demolition or removal and an estimate of any additional cost that
would be incurred to comply with the decision of the Commission.
(b)
A report from a licensed engineer or architect with demonstrated
qualifications and experience in rehabilitation as to the structural
soundness of any structures on the property and their suitability
for rehabilitation.
(c)
The estimated market value as determined by a qualified appraiser
of the property:
(d)
In the case of a proposed demolition, an estimate from an architect,
developer, real estate consultant, appraiser or other real estate
professional experienced in rehabilitation regarding the economic
feasibility of rehabilitation or reuse of the existing structure on
the property.
(e)
The amount paid for the property, the date of purchase and the
party from whom purchased, including a description of the relationship,
if any, between the owner of record or applicant and the person from
whom the property was purchased, and any terms of financing between
the seller and buyer.
(f)
If the property is income producing, the annual gross income
from the property for the previous two years; itemized operating and
maintenance expenses for the previous two years; and depreciation
and annual cash flow before and after debt service, if any, during
the same period.
(g)
The remaining balance on any mortgage or other financing secured
by the property and annual debt service, if any, for the previous
two years.
(h)
All appraisals obtained within the previous two years by the
owner or applicant in connection with purchase, financing or ownership
of the property.
(i)
Any listing of the property for sale or rent, the price asked
and offers received, if any, within the previous two years.
(j)
The assessed value of the property according to the two most
recent assessments.
(k)
Real estate taxes for the previous two years.
(l)
The form of ownership or operation of the property, whether
sole proprietorship, for-profit or not-for-profit corporation, limited
partnership, joint venture or other.
(m)
Any other information deemed necessary by the Commission to
make a determination of economic hardship.
I.
Appeals. Any person aggrieved by a decision of the Historic Preservation
Commission relating to a hardship or a certificate of appropriateness
may, within 30 days of the decision, file a written application with
the Zoning Board of Appeals for review of the decision. Reviews shall
be conducted based on the same record that was before the Commission
and using the same criteria.
J.
Enforcement shall be pursuant to this chapter.
K.
Maintenance and repair required.
(1)
Nothing in this section shall be construed to prevent the ordinary
maintenance and repair of any exterior architectural feature of a
landmark or property within and contributing to an historic district
which does not involve a change in design, material, color or outward
appearance. Nothing in this section shall be construed to prevent
the construction, reconstruction, alteration or demolition or issuance
of a building permit of any exterior architectural feature which the
Building Inspector shall determine is required by public safety because
of dangerous or unsafe conditions.
(2)
No owner or person with an interest in real property designated as
a landmark or a contributing building within an historic district
shall permit the property to fall into a serious state of disrepair
so as to result in the deterioration of any exterior architectural
feature which would, in the judgment of the Historic Preservation
Commission, produce a detrimental effect upon the character of the
historic district as a whole or the life and character of the property
itself. Examples of such deterioration include:
(a)
Deterioration of exterior walls or other vertical supports;
(b)
Deterioration of roofs or other horizontal members;
(c)
Deterioration of exterior chimneys;
(d)
Deterioration or crumbling of exterior stucco or mortar;
(e)
Ineffective waterproofing of exterior walls, roofs or foundations,
including broken windows or doors;
(f)
Deterioration of any feature so as to create a hazardous condition
which could lead to the claim that demolition is necessary for the
public safety; and
(g)
Demolition by intent or neglect.
