A.
Accessory buildings.
(1)
An accessory building may be located in any required side or rear
yard, provided that:
(a)
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.
B.
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.
C.
Through lots. On a through lot, front yards are required on all street
lines.
D.
Lot widths.
(1)
Any other requirement notwithstanding, no lot width shall be less
than 35 feet, measured along the street line.
(3)
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.
E.
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).
F.
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.
G.
All properties that are adjacent to or contain a watercourse shall
provide a buffer of 25 feet on each side of the watercourse.
H.
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.
A.
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.
B.
Waiver of yards. No side yard or rear yard shall be required where
such yard abuts an operating railroad right-of-way.
C.
Access. Whenever feasible, access to lots having frontage on more
than one street shall be from a nonresidential street.
D.
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.
E.
Through lots. On a through lot, front yards are required on all street
lines.
F.
All properties that are adjacent to or contain a watercourse shall
provide a buffer of 25 feet on each side of the watercourse.
A.
No sign, billboard, advertising display or structure, poster or device
shall be erected, moved, enlarged or reconstructed except as expressly
permitted in this chapter.
B.
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.
C.
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.
D.
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.
E.
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.
(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.
F.
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.
A.
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.
[5]
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.
B.
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:
(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:
(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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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.
H.
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.
A.
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.
B.
Any use not permitted by this chapter shall be deemed to be prohibited.
C.
Artificial lighting facilities of any kind with light sources visible
beyond the lot lines are prohibited.
D.
Boardinghouses,
lodging or rooming houses of any kind are prohibited.
[Added 8-2-2011 by L.L. No. 3-2011]
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:
A.
Such pool shall be located in a rear yard only.
B.
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.
C.
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.
D.
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.
E.
Such pool shall not occupy more than 25% of the rear yard area, excluding
all private garages or other accessory buildings or structures.
F.
If the water for such pool is supplied from a private well, there
shall be no cross-connection with the public water supply system.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
A.
Aboveground pools shall be located in a rear yard only.
B.
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.
C.
Such pool shall not occupy more than 45% of the rear yard area, excluding
all private garages and other accessory building structures.
D.
If the water for such pool is supplied from a private well, there
shall be no cross-connection with the public water supply system.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
A.
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.
B.
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.
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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:
A.
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.
B.
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.
