Village of Ossining, NY Supplementary Regulations

Such buildings shall not exceed 15 feet in height from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge for other types of roofs.

(b)

Such buildings shall be set back five feet from any lot line.

(c)

All such buildings in the aggregate shall not have a building area greater than 750 square feet and shall not occupy more than 30% of the area of the required rear or side yard.

(2)

An accessory building on that portion of a lot not included in any required yard shall conform with the height regulations for principal buildings, and all such buildings in the aggregate shall not have a building area greater than 950 square feet and shall be set back 10 feet from any lot line.

(3)

No accessory building shall project nearer to the street on which the principal building fronts than such principal building.

Corner lots.

(1)

Obstruction to vision at street intersections. At all street intersections in all residence districts and in all other districts requiring a front yard of 15 feet or more, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and a line drawn between points along such street lines 30 feet distant from their point of intersection.

(2)

Yards. On a corner lot, front yards are required on both street frontages, and one yard other than the front yards shall be deemed to be a rear yard and the other or others side yards.

Through lots. On a through lot, front yards are required on all street lines.

Lot widths.

(1)

Any other requirement notwithstanding, no lot width shall be less than 35 feet, measured along the street line.

(2)

Flag lots must have the following minimum frontage on a street in the following districts:

S-50: 20 feet.

S-75: 30 feet.

S-100: 40 feet.

S-125: 50 feet.

All flag lots will require, in addition to subdivision approval, site plan approval. All flag lot setbacks are to be figured from the rear lot line of the on-street property in front of them. In order for the Planning Board to approve a flag lot site plan they must make a finding that:

(a)

The flag lot will be suitable for the property on which it is proposed, considering the property's size, location, topography and natural resources; and

(b)

The flag lot will not result in an undesirable change that will be produced in the character of the neighborhood or a detriment to nearby properties.

Exceptions to yard requirements.

(1)

Permitted obstructions. Chimneys, cornices or cantilevered roofs may project not more than three feet into a required yard. Belt courses, window sills and other ornamental features may project not more than six inches into a required yard. Fences or walls under 6.5 feet in height may be erected anywhere on the lot, except as set forth in Subsections B and E(2). Fences or walls with a height in excess of 6.5 feet shall conform to the requirements set forth herein for buildings. The finished side of the fence must face outwards towards the property line. Paved areas (other than such as are needed for access to the buildings on the lot) shall not project within 15 feet of a street line or four feet of any lot line.

[Amended 8-2-2011 by L.L. No. 3-2011]

(2)

Restrictions on permitted front yard walls and fences in residential districts. Except as otherwise provided in Subsection B(1), no wall or fence in excess of three feet in height shall be erected in the front yard in any residential district.

[Amended 12-6-2011 by L.L. No. 4-2011]

(3)

Entries and porticoes. A roofed-over but completely unenclosed projection in the nature of an entry or portico, not more than eight feet wide and extending not more than six feet out from the wall of the building, shall be exempt from front yard or rear yard requirements when the building otherwise complies with all other yard restrictions of this chapter.

(4)

[1]Structures permitted in yards. The placing of ornamental fountains, gatehouses and other structures for security or traffic control purposes of a nonhabitable type may be permitted in any yard upon approval of the Planning Board and Board of Architectural Review.

[1]

Editor's Note: Former Subsection E(4), Front yards on narrow streets, was repealed 8-2-2011 by L.L. No. 3-2011. This local law also renumbered former Subsection E(5) as E(4).

Height exceptions. The height limitations of this chapter shall not apply to bell towers and steeples, and, in addition, rooftop bulkheads, elevator penthouses, water towers, fire towers, hose towers, cooling towers or air-conditioning or heating equipment, provided that such features shall not occupy, in the aggregate, more than 10% of the area of the roof of a building and are set back from the edge of the roof at least one foot for each one foot by which such features exceed the maximum height otherwise specified for the district in which they are located. All mechanical equipment located on the tops of buildings shall be visually screened, subject to Planning Board approval.

All properties that are adjacent to or contain a watercourse shall provide a buffer of 25 feet on each side of the watercourse.

Courts. The minimum dimension of an inner court shall not be less than twice the height of all surrounding walls. However, in no case shall an inner court have a dimension of less than 30 feet. The height of walls surrounding an inner court shall be measured from finished grade at the base thereof to the top of such wall, except that, in the case of roofs with a slope exceeding five inches vertical to 12 inches horizontal, the height shall be measured to the mean point between the top of said wall and the highest point of the rood. The minimum dimension of an outer court shall be 20 feet, and its depth shall not exceed its width.

§ 270-28 Nonresidential districts (CDD, O-R, PW-a, PW-b, PW-c, SP-N, SP-S, VC, PC, NC-1, NC-2, GB and P-O).

Waiver of yards. No side yard or rear yard shall be required where such yard abuts an operating railroad right-of-way.

Access. Whenever feasible, access to lots having frontage on more than one street shall be from a nonresidential street.

Obstruction to vision at street intersection. At all street intersections in all districts requiring a front yard of 15 feet or more, no obstructions to vision exceeding 30 inches in height above curb level shall be erected or maintained on any lot within the triangle formed by the street lines of such lot and the line drawn between points along such street lines 30 feet distant from their point of intersection.

Through lots. On a through lot, front yards are required on all street lines.

All properties that are adjacent to or contain a watercourse shall provide a buffer of 25 feet on each side of the watercourse.

§ 270-29 Signs.

No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in this chapter.

Signs for uses in the residential use group.

(1)

For a home-based business or live-work unit, one nameplate or professional sign no larger than two square feet in area which shall be fixed flat to the main wall of the building and shall not project more than six inches. Illumination shall be shielded from neighboring uses, shall be permitted only during regular professional hours and, in no case, later than 9:00 p.m. and shall be restricted to white light.

(2)

One real estate sign, either single- or double-faced, freestanding or attached to a building, not larger than four square feet in area, on any one or more adjacent lots in single ownership, advertising the sale or lease of only the premises on which it is maintained. Such sign shall not be illuminated.

(3)

For a multifamily residence, not more than one building identification sign, of an area not greater than 14 square feet and located in the front or side yard or on the building facade. Such sign shall not be illuminated unless approved by the Planning Board. All approved illumination shall be shielded from neighboring properties.

Signs for uses in the civic and institutional use group.

(1)

In residential and nonresidential districts, uses in the civic and institutional use group shall be permitted one bulletin board or other announcement sign with an area of not more than 12 square feet.

(2)

In districts other than residential districts, uses in the civic and institutional use group shall also be permitted the signs allowed for commercial and industrial uses.

(3)

In residential districts, not more than one building identification sign, of an area not greater than 14 square feet and located in the front or side yard or on the building facade. Such sign shall not be illuminated unless approved by the Planning Board. All approved illumination shall be shielded from neighboring properties.

Signs for uses in the commercial and industrial use group. All uses in the commercial and industrial groups should be awarded the opportunity of being able to promote their business through signage. In districts other than residential districts, uses in the commercial and industrial use group shall be permitted the following signs:

(1)

Wall-mounted signs. There shall be permitted one or more wall-mounted signs identifying one or more businesses within the building, subject to the following:

(a)

The signs shall be affixed to the principal facade of the building or in the window.

(b)

There shall not be more than one sign for each tenant in the building on the principal facade, and for corner lots, corner stores in a shopping center or freestanding buildings a sign for each tenant may be placed on two facades.

[Amended 8-2-2011 by L.L. No. 3-2011]

(c)

The area encompassing the outer limits of all signs on the principal facade, measured on the wall of the building, shall not be greater than two square feet for each one-foot width of building facade. On buildings having signs on two faces, the area of the sign on the second facade shall be 1/2 the allowable sign area in front or 40 square feet, whichever is less.

(d)

An awning sign shall be permitted as an alternative to the wall-mounted sign, provided that no tenant in a building shall have both an awning sign and a wall-mounted sign on the same facade. Awning signs shall be permitted above the first floor, but all awnings on the building must match in color and material and all windows on the same floor must be covered with an awning.

(e)

Awning signs on the first floor may project up to four feet from the facade. Awnings projecting four feet or more must have lighting provided under the canopy. Awnings projecting less than four feet are not required to be lighted.

(f)

A building shall be permitted additional wall-mounted signs in the rear only if the rear yard faces a property in a zone district other than a residential district and there is a rear public entrance, and further provided that the number of rear wall-mounted signs shall not be greater than the number of tenants in the building. The maximum size of all rear wall-mounted signs shall not be greater than one square foot for each two feet of rear building width. No more than two faces of the building shall have signs.

(2)

Flag. There shall be permitted one flag per building identifying one or more businesses in the building, subject to the following:

(a)

The flag shall be affixed to brackets that project from the upper part of the first story or the second story of the building.

(b)

All flags shall be installed at least 10 feet above ground level.

(c)

Flags shall be installed and maintained so as not to create a safety hazard for pedestrians or vehicular traffic and shall be subject to the approval of the building inspector.

(d)

The maximum surface area of the flag shall be 30 square feet on each side.

(e)

No flag or brackets shall project more than five feet from the building facade.

(f)

The horizontal dimension of the flag shall not be greater than the vertical dimension.

(g)

All flags shall be made of nylon, polyester or rayon.

(3)

Projecting sign. There shall be permitted one projecting sign per building identifying one or more businesses in the building, subject to the following:

(a)

Projecting signs shall be installed at least 10 feet above ground level, shall be installed and maintained so as not to create a safety hazard for pedestrians or vehicular traffic and shall be subject to the approval of the building inspector.

(b)

No projecting sign shall project more than four feet from the facade of the building or shall measure more than 12 square feet in surface area on each side.

(4)

Hanging sign. A small hanging sign, double faced and not more than three square feet per side, shall be permitted to be attached to the underside of a canopy or gallery over a sidewalk in shopping centers for each first-floor tenant.

(5)

Door lettering. Lettering shall be permitted on glass doors at the entrances to commercial establishments, provided that no background other than glass shall be permitted.

(6)

Freestanding signs.

(a)

For a building set back at least 15 feet from the street, there shall be permitted a single freestanding sign of not greater than 25 square feet in NC-2 and VC Districts and 40 square feet in all other districts identifying the business or businesses located therein, located in the front or side yard, set back at least 10 feet and not more than 25 feet in height.

[Amended 8-2-2011 by L.L. No. 3-2011]

(b)

For a building with more than one frontage, where both frontages are set back at least 15 feet from the street, a second freestanding sign shall be permitted. The second sign shall not be greater than 16 square feet in area and no more than 20 feet in height.

(c)

Shopping centers.

[1]

For a shopping center set back more than 15 feet from the street, a single freestanding sign shall be permitted.

[a]

The sign shall measure not more than 400 square feet on each side in the PC District or 100 square feet on each side in any other district.

[b]

The sign shall be set back at least 10 feet and shall not be more than 30 feet in height.

[c]

The sign shall advertise the name of the shopping center and not more than eight tenants therein.

[2]

A shopping center with more than one frontage, set back at least 15 feet on both frontages, shall be permitted two freestanding signs.

[a]

The second freestanding sign shall measure not more than 100 square feet on each side in the PC District nor more than 25 square feet on each side in any other district.

[b]

The sign shall not create visual obstruction of vehicular traffic and shall not be more than 20 feet in height.

[c]

The sign shall advertise the name of the shopping center and not more than six additional tenants therein.

(7)

For a gasoline station, one sign embedded in each face of the gas station canopy shall be permitted, provided that each such sign shall not be more than two feet in height by five feet in width and shall not be internally illuminated. The maximum size of signage on gas pumps shall be four square feet in area on each side of each pump.

(8)

Directional signs for vehicles. Within parking lot and driveway areas, signs may be erected, as needed, to direct patrons to specific businesses and to control traffic. Each such sign shall measure no greater than six square feet in area and shall be no more than four feet in height. Signs may include the names of businesses, directional words such as "in" and "out," and similar information, but no other advertising shall be permitted. The directional signage within each property should be designed with a uniform theme, and the signs should be placed in a manner that avoids clutter and does not distract drivers.

(9)

Directional signs for pedestrians. For a building with a front setback measuring 10 feet or greater, one freestanding sign to guide pedestrians to the entrance shall be permitted for each 100 feet of frontage. Each such sign shall measure no greater than four square feet in area and shall be no more than five feet in height. Signs may include the names of businesses and directional information, but no other advertising shall be permitted.

General requirements.

(1)

Except in residential districts, signs inside a window, whether permanent or impermanent, are permitted in addition to any signs otherwise permitted. A window sign shall not exceed 25% of the exposed window area or not more than 16 square feet per window.

(2)

Illuminated signs, where permitted, shall not remain lit later than the closing hour of business or 9:00 p.m., whichever is later. In no event shall such a sign remain illuminated later than 11:30 p.m., except by approval from the Planning Board upon a finding that it is in the public interest or necessary for the safety of the Village to remain illuminated beyond that time. Illuminated signs may be turned back on at dusk the following day, except when an establishment is closed.

(3)

The following types of signs or artificial lighting are prohibited:

(a)

Billboards.

(b)

Neon signs as the primary freestanding, wall-mounted, projected or hanging sign on a facade, as defined in Subsection D, but may be used as a hanging sign in a window and must meet the requirements of Subsection E.

(c)

Moving, rotating or flashing signs, including any sign or device on which the artificial light is not maintained stationary and constant in intensity and color at all times when in use.

(d)

Signs which compete for attention with or may be mistaken for traffic signals.

(e)

The outlining by direct illumination of all or any part of a building, such as gable, roof, side, wall or corner.

(f)

Exterior signs made of cardboard, paper, canvas or similar impermanent material, used for commercial promotional purposes or otherwise for more than 30 days.

(g)

No sign that is part of or supported by a building shall be erected upon the roof of such building, nor shall such sign extend above the height of the building.

Sign permits.

(1)

No sign other than a professional sign, announcement or real estate sign, but including temporary signs for promotional use, shall be erected, moved, enlarged, altered or reconstructed without first obtaining a sign permit from the Building Inspector.

(2)

A permit for a temporary sign for promotional use shall not be issued more than twice within a twelve-month period per establishment.

§ 270-30 Parking and loading regulations.

Off-street parking. Off-street parking spaces, open or enclosed, are subject to the following provisions:

(1)

Off-street parking requirements for each District shall be as provided in Appendix C and as detailed in this section.[1] For uses which do not fall within the categories listed in Appendix C, the Planning Board will determine the necessary parking needed to prevent frequent parking on the street by persons visiting or connected with each such use.

[Amended 11-15-2023 by L.L. No. 12-2023]

(a)

Nonresidential parking in the VC, SP-N and NC-2 zoning districts for building or area expansion: Off-street parking is required only for the enlarged or expanded area, not the entire building, as long as the proposed nonresidential use is to remain unchanged, and the proposed expansion does not result in the loss of existing off-street parking spaces.

(b)

Residential dwelling units in the VC, SP-N and NC-2 zoning districts: Off-street parking is required only for new dwelling units, or existing dwelling units that propose an increase in bedrooms as long as the proposed additional dwelling units or bedrooms do not result in the loss of existing off-street parking spaces.

(c)

Nonresidential parking in the VC, SP-N and NC-2 zoning districts for a change of nonresidential use that does not involve an increase in gross floor area: If there is a change from one nonresidential permitted or conditional use to another nonresidential permitted or conditional use, off-street parking is required only for the net increase in parking as a result of the change of use. The first requested 10 parking spaces shall be waived.

(d)

Nonresidential parking in the VC, SP-N and NC-2 zoning districts for a change of residential use to nonresidential use that does not involve an increase in gross floor area: If there is a change from a residential use to a nonresidential permitted or conditional use, off-street parking is required only for the net increase in parking as a result of the change of use. The first required 10 parking spaces shall be waived.

(e)

Where it is determined that the required parking cannot be accommodated, including through parking at accessory locations [See § 270-30A(10)], then the applicant either shall seek a variance from the Zoning Board of Appeals or otherwise provide the required parking. Notwithstanding the foregoing, within the VC, SP-N and NC-2 zoning districts, no required parking shall be eligible to have parking requirements satisfied pursuant to § 270-30A(1)(d) except pursuant to the fee-in-lieu of parking procedure set fourth in § 270-30A(12).

[1]

Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.

(2)

Areas computed as parking spaces. Areas which may be computed as open or enclosed off-street parking spaces include any private garage, carport or other area available for parking, other than a street. Each space shall be independently accessible with the exception that one space behind each garage or carport space may be counted as a parking space to meet parking requirements. Otherwise, tandem parking with access from only one direction shall be computed as one space.

(3)

All driveways, blacktop or loading docks must be at least four feet away from the property line in the following residential districts (S-50, S-100, S-125, MF-1, MF-2, PRD), all driveways, blacktop or loading docks must be at least two feet away from the property line in the following residential districts (S-75, T), and all driveways, blacktop or loading docks must be at least two feet away from the property line in nonresidential districts (PW-a, PW-b, PW-c, SP-N, SP-S, CDD, RDD, IR, O-R, VC, PC, NC-1, NC-2, GB and P-O) unless otherwise noted in Appendix B.

[Amended 8-2-2011 by L.L. No. 3-2011; 7-7-2021 by L.L. No. 7-2021]

(4)

Size of spaces. Each parking space shall be a minimum of nine feet wide by 18 feet deep. The minimum parking aisle width shall be 24 feet for spaces at a ninety-degree angle, 18 feet for spaces at a sixty-degree angle, 13 feet for spaces at a forty-five-degree angle and 12 feet for spaces at a thirty-degree angle. Where parking is arranged back-to-back, each parking space may share a common backup space. Entrance and exit lanes shall not be computed as parking space, except for driveways in one- and two-family residences, as set forth in Subsection A(1).

(5)

Prohibited parking areas. Except in the PC District, parking shall not be permitted in the required front yard except as set forth in Subsection A(1). In addition, except as provided in Subsection A(1), parking shall not be permitted anywhere in the front yard of any single- or two-family dwelling, except that where the Building Inspector finds that, due to unique conditions, compliance with this limitation will cause practical difficulties and tend to increase on-street parking by residents, he may authorize parking anywhere in the front yard of such dwellings, except for that portion thereof which is directly in front of the principal building, exclusive of garage structures.

(6)

Access. Unobstructed access to and from a street shall be provided. Such access shall consist of at least one twelve-foot-wide lane for parking areas with less than 20 spaces and at least two twelve-foot-wide lanes for parking areas with 20 spaces or more. No entrance or exit for any off-street parking area with a capacity of more than four spaces shall be located within 50 feet of any street intersection, nor exceed a grade in excess of 6% within 25 feet of any street line, nor 10% at any other point.

(7)

Drainage and surfacing. All parking areas shall be properly drained and all such areas, except for parking spaces accessory to a one- or two-family dwelling, shall be provided with a dustless surface in accordance with specifications of the Village of Ossining. The maximum slope of a parking area shall not exceed 5%.

(8)

Combined spaces. When any lot contains two or more uses having different parking requirements, the parking requirements for each use shall apply to the full extent. Where it can be conclusively demonstrated that one or more such uses will be generating a demand for parking spaces primarily during periods when the other use or uses is not or are not in operation, the Planning Board may reduce the total parking spaces required by up to 100% of the parking spaces required for that use with the least requirement.

(9)

Enclosed facilities.

(a)

Required parking areas may be constructed within or under any portion of a main building, provided that the access driveway does not at any point have a grade in excess of 10%. Access driveways should be placed to intersect streets with lower pedestrian traffic and less retail frontage so as to avoid disrupting the streetscape on principal pedestrian streets.

(b)

Except for one- or two-family dwellings, parking is not permitted in the portion of the first floor (or of any basement or cellar not entirely below ground) extending a minimum of 40 feet back from the front building line. Such area shall be utilized for a permitted main use, other than parking, in the zoning district in which the building is located. This requirement applies to buildings in which parking is a main use.

(c)

Notwithstanding the above, in a building on a corner lot, parking is permitted in the front portion of the first floor (or basement or cellar not entirely below ground) facing the street with the lower pedestrian traffic function. Along the street frontage, such parking shall be concealed with facade materials comparable to those used on the remainder of the building. To the extent practical, eye-level fenestration with translucent, but not transparent, glass shall be provided, or the portion of the building devoted to parking shall be screened with landscaping subject to approval by the Planning Board.

(d)

All buildings with enclosed parking shall provide horizontal and vertical articulation across the entire facade of the building on all streets to provide for visual interest. To fulfill this requirement, an articulation element shall be required at least every 10 feet, measured both horizontally and vertically.

(10)

Location and ownership. Required accessory parking spaces, open or enclosed, shall be provided upon the same lot as the use to which they are accessory or elsewhere, provided that no required spaces are located farther than 200 feet in walking distance from such lot, or 700 feet in the VC Zone unless provided for by an In Lieu of Parking agreement pursuant to § 270-30A(12). In all such cases, the parking spaces shall conform to all the regulations of the district in which the parking spaces are located, and in no event shall such parking spaces be located in any residence district unless either the use to which the spaces are accessory is located in such residence districts or upon approval by the Planning Board. Such spaces shall be in the same ownership as the use to which they are accessory and shall be subject to deed restrictions, approved by the Planning Board, binding the owner and his heirs and assigns to maintain the required number of spaces available, either throughout the existence of the use to which they are accessory or until such spaces are provided elsewhere, in a location and manner acceptable to the Planning Board.

[Amended 11-15-2023 by L.L. No. 12-2023]

(11)

On lots divided by district boundaries. When a parking lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of parking spaces shall apply to the entire lot. Parking spaces on such lot may be located without regard to district lines, provided that no such parking spaces shall be located in any residence district, unless either the use to which they are accessory is located in such district or upon approval by the Planning Board.

(12)

Fee in lieu of parking for new or infill construction in the VC, SP-N and NC-2 zoning districts (Payment in Lieu of Parking Program).

[Amended 11-15-2023 by L.L. No. 12-2023]

(a)

Rather than providing all or a portion of the required off-street parking for a new development, change in use, expansion or enlargement of a premises that requires additional off-street parking, an applicant may apply to the Board of Trustees for permission to make a contribution to an interest-bearing account ("The Downtown Parking In Lieu of Fund") in lieu of the required parking for the proposal.

(b)

Applications for the Payment in Lieu of Parking Program shall be presented to the Board of Trustees with a copy to the Planning Board.

[1]

Applicants must first appear before the Planning Board if the proposal requires site plan or other approvals from the Planning Board. The Planning Board shall refer the proposal to the Board of Trustees with the Planning Board's recommendation, if any. The referral to the Board of Trustees shall occur after receipt of a complete application for all Planning Board approval(s) and completion of any required environmental review pursuant to the State Environmental Quality Review Act and the Village Code.

[2]

Upon receipt of a complete application for the Payment in Lieu of Parking Program and the recommendation of the Planning Board, the Board of Trustees shall consider the application. The Board of Trustees may grant, grant with conditions or deny the application. A resolution incorporating the decision shall be filed with the Village Clerk with a copy mailed to the applicant. If the application is granted or granted with conditions, the applicant will then proceed with site plan approval or other required approvals from the Planning Board.

[3]

Any person aggrieved by the decision of the Board of Trustees pursuant to this subsection may, within 30 days of the filing of the Board's decision with the Village Clerk, seek judicial review pursuant to Article 78 of the Civil Practice Law and Rules.

(c)

Determination of the Board of Trustees. In making its decision on an application to participate in the Payment in Lieu of Parking Program, the Board of Trustees shall make an inquiry and determination that the proposal presents an appropriate case that parking cannot be appropriately located on the proposed site plan and the site-specific plan is equal to or better than the strict application requiring on-site parking.

(d)

The following standards are required to approve an application for the Payment in Lieu of Parking Fund (ILPF):

[1]

Districts. Only properties within the VC, SP-N and NC-2 zoning districts are eligible for the Payment in Lieu of Parking Program.

[2]

Amount of payment. The applicant shall make a one-time only payment to the Village, the amount of which shall be established in the Village of Ossining Fee Schedule reviewed annually by the Board of Trustees. The payment shall be based upon a review of labor/supply cost and standards in similar communities, balanced with an interest in providing ILPF as an attractive option and the need to provide for a reasonable fee allowing for additional parking construction.

[3]

Timing of payment. Unless otherwise approved by the Board of Trustees, payment to the ILPF shall be made in full prior to the issuance of any building permits associated with the project. All payments shall be collected by the Building Department and conveyed to the Village Treasurer for deposit in a separate interest-bearing account.

[4]

Use of funds. Monies in the ILPF account shall be used for the following purposes only:

[a]

Construction of a public parking facility.

[b]

The operation and maintenance of public parking facilities and functions.

[c]

Transportation and mobility improvements.

[d]

Transportation demand management facilities or programs.

[e]

Similar transportation or mobility-related facilities.

[f]

Programs as deemed appropriate by the Village.

[g]

Acquisition of real and/or personal property to affect such construction and/or improvements.

[h]

Planning, feasibility, environmental, and other studies.

[i]

Professional fees, including, but not limited to:

[i]

Engineering and legal services related to Subsection A(12)(d)[4][a] through [h].

Acquisition.

Construction.

Improvements.

Timing of ILPF use. Funds deposited in the ILPF account shall be used on a "first-in, first-out basis." Funds deposited must be entirely spent within 10 years of initial collection. Should the funds deposited in the ILFP account not be fully spent within 10 years of initial collection, the funds will be returned with interest to the applicant within 90 days.

Off-street loading. Off-street loading berths, open or enclosed, are permitted as accessory to any use (except one- or two-family dwellings), subject to the following provisions:

(1)

Loading requirements. Accessory off-street loading berths shall be provided for any use specified herein. Any land which is developed as a unit under single ownership and control shall be considered a single lot for the purpose of these loading requirements. Reasonable and appropriate off-street loading requirements for structures and uses which do not fall within the categories listed herein shall be determined by the Planning Board upon consideration of all factors entering into the loading needs of each such use.

(a)

For a public library, museum or similar quasi-public institution or governmental building, community center, hospital or sanitarium, nursing or convalescent home, institution for children or the aged or school:

[1]

If the floor area does not exceed 10,000 square feet: one berth.

[2]

For each additional 25,000 square feet or fraction thereof: one additional berth.

(b)

For buildings with professional, governmental or business offices or laboratory establishments:

[1]

If the floor area is less than 8,000 square feet: none.

[2]

If the floor area amounts to between 8,000 and 25,000 square feet: one berth.

[3]

For each additional 25,000 square feet or major fraction thereof up to 100,000 square feet: one additional berth.

[4]

For each additional 50,000 square feet or major fraction thereof: one additional berth.

(c)

For retail sales and service establishments:

[1]

If the floor area is less than 8,000 square feet: none.

[2]

If the floor area amounts to between 8,000 and 25,000 square feet: one berth.

[3]

If the floor area exceeds 25,000 square feet: one additional berth for each additional 25,000 square feet of floor area or major fraction thereof.

(d)

For undertakers and funeral homes: one berth for each chapel. Such berths shall be at least 10 feet wide, 20 feet long and 14 feet high.

(e)

For hotels or similar establishments: one berth for each 25,000 square feet, or major fraction thereof, of floor area.

(f)

For manufacturing, wholesale and storage uses and for dry-cleaning and rug-cleaning establishments and laundries: one berth for each 10,000 square feet of floor area or less; and one additional berth for each additional 20,000 square feet of floor area, or major fraction thereof, so used.

(g)

For multiple dwellings in structures with a height of over 2.5 stories: one berth for each structure or for each 150 dwelling units, or major fraction thereof, whichever results in the lesser number.

(2)

Size of spaces. Except as provided hereinbefore, each required loading berth shall be at least 12 feet wide, 35 feet long and 15 feet high.

(3)

Location and access. Unobstructed access, at least 12 feet wide, to and from a street shall be provided. Such access may be combined with access to a parking lot. All permitted or required loading berths shall be on the same lot as the use to which they are accessory, except as provided in Subsection B(4). No entrance or exit for any loading area shall be located within 50 feet of any street intersection. No loading berths shall be located In any required yard and shall be screened where visible from any residential district boundary.

(4)

Joint facilities. Permitted or required loading berths, open or enclosed, may be provided in spaces designed to jointly serve two or more adjacent establishments, provided that the number of required berths in such joint facilities shall not be less than the aggregate of all such requirements.

(5)

On lots divided by district boundaries. When a lot is located partly in one district and partly in another district, the regulations for the district requiring the greater number of loading berths shall apply to the entire lot. Loading berths on such lot may be located without regard to district lines, provided that no such berths shall be located in any residence district, unless either the use to which they are accessory is permitted in such district or upon approval by the Planning Board.

Parking regulations in multiple dwellings. Whenever space is provided for the parking of five or more vehicles in the open, such spaces shall be individually identified by means of pavement markings. The parking of motor vehicles is prohibited within 15 feet of any wall, or portion thereof, of a dwelling for two or more families, which wall contains windows (other than bathroom or kitchen windows) with a sill height of less than eight feet above the level of said parking space. No service of any kind shall be permitted to be extended to users of the lot, including automobile service, repair or fueling, and no gasoline, oil, grease or other supplies shall be stored or sold in any such lot or in any garage on such lot. Parking areas shall be thoroughly screened, subject to approval by the Planning Board. Generally, such screening shall be at least six feet in height and, if composed of plants, shall not be less than three feet in height, but capable of reaching at least eight feet in height at maturity.

Regulations for parking spaces adjacent to lots in any residence district.

(1)

Wherever a parking area of over five spaces is within 15 feet of the side or rear lot lines of a lot in any residence district, said parking lot shall be thoroughly screened from such adjoining lot, subject to approval by the Planning Board. Generally, such screening shall be eight feet in height and, if composed of plants, shall not be less than three feet in height, but capable of reaching eight feet in height at maturity.

(2)

Whenever a parking area of over five spaces is located across the street from any land in a residence district or abuts a lot in a residence district, it shall be thoroughly screened, subject to approval by the Planning Board.

Driveways. No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. No driveway shall provide access to a lot located in a nonresidential district across land in a residential district.

(1)

The maximum slope of a driveway shall not exceed 10%.

(2)

A driveway serving a commercial use or more than two residences shall be not less than 20 feet wide for two-way operation or 10 feet wide for one-way operation and shall be adequate and sufficient in size, location and design to accommodate the maximum traffic, parking and loading needs and the access of fire-fighting equipment and police or emergency vehicles.

Trailers and boats.

(1)

The storage or parking and use of a trailer by any person or persons is hereby prohibited in all districts, except that:

(a)

One camping trailer not over 20 feet in length may be stored, but not used for any purpose, on an occupied lot in any residence district, provided that such trailer is not stored within any required yard, nor between the street line and the principal building.

(b)

Where a building permit has been issued for the construction or alteration of a building, the Building Inspector may issue a temporary permit for one trailer for a period not to exceed six months. Said trailer may be occupied during the term of the temporary permit and shall be situated upon the lot for which the building permit has been issued.

(2)

Not more than one boat per dwelling unit may be stored on an occupied lot in any residence district, provided that such boat is not stored within any required yard nor between the street line and the principal building nor in a required parking space nor blocking a required parking space.

Commercial vehicles in a residential district.

(1)

Parking of commercial vehicles in a residential district shall not be permitted, except for cars, vans and pickups not exceeding 20 feet in length and eight feet in width.

(2)

Not more than one such commercial vehicle may be parked on a developed lot or in a private garage or carport in any residence district, but not within the required yards of such lot and in no case between the street line and the principal building.

(3)

No vehicle, or part(s) thereof, shall be parked or stored on any unimproved lot.

Commercial vehicles in a nonresidential district.

(1)

Commercial vehicles are permitted as accessory to a nonresidential use (in a nonresidential district) and can be stored on an improved parking lot, but shall not be stored or parked within the front setback or any required yard.

(2)

No commercial vehicle, or parts thereof, shall be parked or stored on any unimproved lot.

§ 270-31 Prohibited uses in all districts.

Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution; or by reason of the deposit, discharge or dispersal of liquid or solid wastes, in any form, in a manner or amount so as to cause permanent damage to the soil and stream or to adversely affect the surrounding area; or by reason of the creation of noise, vibration, electromagnetic or other disturbance; or by reason of illumination by artificial light or light reflection beyond the limits of the lot on, or from which, such light or light reflection emanates; or which involves any dangerous fire, explosive, radioactive or other hazard or which can cause injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants; and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or the general welfare is prohibited.

Any use not permitted by this chapter shall be deemed to be prohibited.

Artificial lighting facilities of any kind with light sources visible beyond the lot lines are prohibited.

Boardinghouses, lodging or rooming houses of any kind are prohibited.

[Added 8-2-2011 by L.L. No. 3-2011]

§ 270-32 In-ground noncommercial swimming pools. [1]

An in-ground swimming pool shall not be located, constructed or maintained on any lot or land area except in conformity with the following requirements:

Such pool shall be located in a rear yard only.

The entire portion of the premises upon which such pool is located shall be entirely enclosed with a good quality fence of not less than four feet in height.

Every gate or other opening in the fence enclosing such pool shall be kept securely closed and shall be locked at all times when said pool is not in use.

Such pool, measuring from the edge of the water, shall be located no less than 15 feet from the side and rear lot lines and not less than five feet from the main building.

Such pool shall not occupy more than 25% of the rear yard area, excluding all private garages or other accessory buildings or structures.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be six inches above the overflow level of said pool.

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York Sanitary Code relating to public swimming pools.

No permit shall be granted for the installation or construction of said swimming pool unless the plan thereof shall meet the minimum construction requirements of the Building Department of the Village of Ossining and unless the Village's Engineer, or a licensed professional engineer of New York State, shall have certified that the drainage of such pool is adequate and will not interfere with the public water supply system, with existing sanitary facilities or with the public streets.

No loudspeaker or amplifying device shall be permitted which can be heard beyond the lot lines of the lot on which said pool is located.

No lighting or spotlighting shall be permitted which will project light rays beyond the lot lines of the lot on which said pool is located.

Adjacent to every side and rear lot line within the rear yard area, there shall be an effective screening consisting of either a wooden fence of not less than six feet in height or a dense, evergreen hedge of suitable plant material capable of growing to a six-foot height. Such hedge, at the time of planting the plants, shall not be less than four feet high.

The slope around a pool that abuts the side or rear lot lines shall not be in excess of 35% and shall meet the existing grade at least two feet inside the property line.

[1]

Editor's Note: See also Ch. 237, Swimming Pools.

§ 270-33 Aboveground noncommercial swimming pools. [1]

Aboveground pools shall be located in a rear yard only.

Such pool, measuring from the outside edge of any elevated, accessory walkway or deck, shall be located not less than 10 feet from the side and rear lot lines. No setback shall be required for the deck or walkway from the main building, except that the base of the pool shall not be less than five feet from the main building.

Such pool shall not occupy more than 45% of the rear yard area, excluding all private garages and other accessory building structures.

If the water for such pool is supplied from a private well, there shall be no cross-connection with the public water supply system.

If the water for such pool is supplied from the public water supply system, the inlet shall be six inches above the overflow level of said pool.

Such pool shall be chemically treated in a manner sufficient to maintain the bacterial standards established by the provisions of the New York Sanitary Code relating to public swimming pools.

The entire portion of the premises upon which such pool is located shall be completely enclosed with a good quality fence of not less than four feet in height.

Where the proposed pool is of such height or design that protective fencing is not required or is impractical, the Building Inspector shall, at his discretion, issue a permit for the erection of said pool without such fencing. The Building Inspector shall, however, first make a finding to the effect that, in his opinion, said pool has equal protection from entry as would be afforded by the erection of a fence as provided for in Subsection H of this section.

[1]

Editor's Note: See also Ch. 237, Swimming Pools.

§ 270-34 General landscaping and environmental requirements; steep slopes.

General landscaping and environmental requirements.

(1)

The Planning Board is authorized to adopt conditions in connection with its approvals of applications, including, but not limited to, requirements to post bonds, pertaining to the incorporation, maintenance and replacement of landscape materials in any project requiring site development plan approval and for the environmental control of such projects.

(2)

Proposed developments subject to site plan approval 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. Such developments shall be in compliance with Chapter 248, Trees, and Chapter 227, Stormwater Management and Erosion and Sediment Control, and all other applicable laws and regulations.

(3)

As identified in the Comprehensive Plan, energy and water conservation are important to the health, safety and welfare of the residents of the Village of Ossining. Proposed site plans shall be designed to the greatest extent reasonably practicable to incorporate energy and water conservation measures. Examples of such measures include ENERGY STAR-rated products and practices.

Steep slopes.

(1)

A steep slope is defined as any geographical area having a topographical gradient of 15% or greater (ratio of vertical distance to horizontal distance), whether man-made or natural, and whether created by a retaining structure or not.

(2)

In connection with development that is subject to site plan review, the following shall apply: Construction on or regrading of steeply sloped areas greater than 15% but less than 25% should be minimized to the greatest extent reasonably practicable in areas measuring over 500 square feet. There shall be no construction on or regrading of areas measuring over 500 square feet with steep slopes equal to or greater than 25% unless the Planning Board makes a specific finding that such construction or regrading is warranted by considerations that make alternative approaches impracticable in view of overall planning considerations (including the overall objectives of the Comprehensive Plan and the LWRP, if applicable) and will be carried out in a manner consistent with best management and engineering practices for such construction or regrading.

(3)

Where development pursuant to an approved site plan is to take place on steep slopes, the following construction practices shall be followed, in addition to compliance with applicable provisions of the Stormwater Management and Erosion and Sediment Control Law, Chapter 227:

(a)

Grading and development shall preserve salient natural features, keep cut fill operations to a minimum and ensure conformity with topography so as to create the least erosion potential and adequately handle the volume and rate of velocity of surface water runoff.

(b)

Disturbed soils shall be stabilized as soon as practicable.

(c)

Temporary vegetation and/or mulching shall be used to protect exposed land areas during development.

(d)

The permanent (final) vegetation and mechanical erosion control measures shall both be installed within a specified time.

(e)

Provisions shall be made to dispose of the increased runoff caused by changed soil and surface conditions during and after development in a manner which minimizes danger of flooding; where necessary, the rate of surface water runoff shall be mechanically retarded.

(f)

Until a disturbed area is stabilized, sediment in the runoff water shall be trapped by the use of debris basins, sediment basins, silt traps or similar measures.

(g)

Provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.

(h)

Cut and fills shall not endanger adjoining property, nor divert water onto the property of others.

(i)

All fills shall be compacted to provide stability of material and to prevent undesirable settlement.

(j)

Fills shall not significantly negatively impact natural watercourses, constructed channels or areas prone to flooding.

(k)

Fills placed adjacent to or having an impact upon natural watercourses, constructed channels or floodplains shall have suitable protection against erosion during periods of flooding.

(l)

During grading operations, appropriate measures for dust control shall be exercised.

(m)

Grading equipment shall not be allowed to enter into or cross any watercourse, except in accordance with the Westchester County Best Management Practices Manual.

§ 270-35 Environmental quality review.

It is the responsibility of the applicant to see that all requirements of the New York State Environmental Quality Review Act (SEQRA),[1] as amended, are met. To ensure this, the applicant shall deposit with the Village Clerk an amount set from time to time by resolution of the Village Board of Trustees,[2] which will be used by the Zoning Board of Appeals, Planning Board or Village Board, as the case may be, to retain a consultant who will work with the applicant in identifying the applicable SEQRA requirements. Any excess money will be returned to the applicant, and any deficiency must be made up by the applicant within 30 days of receipt of an invoice from the Village Clerk. Failure to make up such deficiency will result in review of the application being suspended.

[1]

Editor's Note: See Environmental Conservation Law § 8-0101 et seq.

[2]

Editor's Note: The Schedule of Fees is on file in the Village offices.

§ 270-36 Cluster development.

The Village Board may authorize the Planning Board, in accordance with § 7-738 of the Village Law, to modify the applicable bulk and area provisions of this chapter. This procedure may be followed by the Planning Board upon written application by the owner or subdivider or at the initiation of the Planning Board. The Planning Board may modify the minimum lot area requirements, lot width and front, side and rear yards. These modifications are subject to any guidelines or limitations specified by the Village Board. This procedure shall not be used to modify the requirements of building height, floor area ratio or development coverage.

In the event that the application of this procedure results in a plat showing lands available for park, recreation, open space or other municipal purposes, then the Planning Board, as a condition of final plat approval, may establish such conditions as to the ownership, use and maintenance of such lands as it deems necessary to assure the preservation of such lands for their intended purposes. All conditions shall be approved by the Village Board prior to final plat approval by the Planning Board.

Open space land created as part of the application of average density to a subdivision plat, and which is not required or permitted to be accepted for dedication to the Village of Ossining, shall be in a form of common ownership, which form and content shall be subject to the approval of the Village Board and which shall meet at least one of the following conditions:

(1)

That each owner or owners of every subdivision lot shall be an owner in common with the other owners of the subdivision of the land intended to be held as open space.

(2)

That each subdivided lot shall carry with it a covenant underwriting its proportionate share of the payment of taxes on the open space land, which covenant shall bind the owner thereof and every successive owner thereof.

(3)

A homeowners' or cooperative association or corporation may be formed to hold ownership of the open space, provided that each and every subdivided lot owner shall remain liable for the taxes, operation and maintenance of the open space land.

(4)

That such other mechanism or form, as shall be approved by the Village Board, shall be established which shall satisfy the requirements of the payment of taxes and the operation and maintenance of the property so created.

The maximum number of units in a cluster subdivision shall be determined by the number of units the applicant can obtain in a noncluster subdivision plan, meeting all of the requirements of the zone in which the parcel is located, or a lesser number as approved by the Planning Board. The maximum number of attached units shall be six.

All cluster subdivisions must follow the procedures to ensure that local actions comply with LWRP policies, as specified in the site development plan rules and regulations.

The net density shall be within the range of one to six dwelling units per acre. In no case shall the net density exceed six dwelling units per acre.

§ 270-37 Old Croton Aqueduct.

Within all zoning districts, the fifty-foot-wide strips of land immediately adjacent to and on both sides of the Old Croton Aqueduct property shall be regulated by the appropriate reviewing authority as follows:

The twenty-five-foot strips of land immediately adjacent to and on both sides of the Old Croton Aqueduct property shall be considered buffers, as defined in this chapter. Further, no construction, grading, excavation or buildings shall be permitted within these twenty-five-foot-wide areas.

The portions of the fifty-foot-wide regulated areas not described in Subsection A above may be utilized for activities which comply with this chapter if, at the discretion of the reviewing authority, it has been demonstrated by the applicant that such activities will not adversely impact the Old Croton Aqueduct property.

Where there is an inconsistency between Subsections A and B above and any other sections of this chapter, Subsections A and B shall govern. Notwithstanding the above, Subsections A and B shall not supersede any of the setbacks required elsewhere in this chapter.