Town of Ossining, NY Use Regulations

One-family detached dwellings, not to exceed one dwelling on each lot.

The following commercial agricultural operations:

The raising of field and garden crops, truck garden, nursery or commercial greenhouses, subject to the following special requirements:

No farm building or commercial greenhouse shall be erected on any plot of less than five acres or be nearer than 100 feet to any street or property line.

No retail sale on the premises shall be permitted for any materials, goods or articles, except such as were grown upon the premises and the pots or other containers in which they were grown or purchased.

Buildings, structures and uses owned or operated by the Town of Ossining.

Uses permitted by special permit upon approval by the Board of Appeals in accordance with Article IX hereof. The following uses are permitted subject to approval by the Board of Appeals in accordance with the provisions of § 200-45. These uses are subject to the requirements specified below and elsewhere in this chapter, including site plan approval by the Planning Board in accordance with § 200-50 hereof.

Places of worship, including parish houses on lots of two acres or more (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling.) Special requirements:

[Amended 9-16-1969 by Ord. No. 73]

No building or part thereof shall be erected nearer than 50 feet to any street or property line.

The sum of all areas covered by all principal and accessory buildings shall not exceed 20% of the area of the lot.

Schools and educational institutions, philanthropic, eleemosynary or religious institutions, hospitals, nursing and rest homes or sanitaria for general medical care and treatment of the mentally ill, but excluding facilities for the permanent confinement of the mentally ill, drug addicts and chronic alcoholics or the treatment of drug addicts and chronic alcoholics.

[Amended 3-28-1972 by Ord. No. 78; 8-19-1975 by Ord. No. 85]

No building or part thereof or any parking or loading area shall be located within 100 feet of any street or lot line.

The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the area of the lot. Minimum lot size shall be two acres, except as provided below.

The maximum height shall be 35 feet or 2 1/2 stories.

The entire lot, except for areas covered by buildings or parking or loading areas, shall be suitably landscaped and properly maintained.

[Amended 9-16-1969 by Ord. No. 73]

Sufficient exterior illumination of the site shall be provided to assure convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots.

[Amended 9-16-1969 by Ord. No. 73]

Any nursing home, hospital or sanitarium shall meet the following standards:

[Amended 9-16-1969 by Ord. No. 73]

All buildings shall be of fire-resistive construction.

All such uses shall be served by adequate water and sewer systems approved by the Westchester County Department of Health.

Patients suffering from communicable diseases (as defined by the Sanitary Code of the Public Health Council of the State of New York) shall not be permitted in any nursing home or sanitarium.

Any school permitted in this section shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder, or a nursery school licensed by the State Department of Education, and shall occupy a lot with an area of not less than five acres plus one acre for each 100 pupils for which the building is designed.

[Amended 9-16-1969 by Ord. No. 73]

Public utility rights-of-way, as well as structures and other installations necessary to serve areas within the town, subject to such conditions as the Planning Board may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.

Annual membership clubs catering exclusively to members and their guests or other recreational facilities open to the public and accessory playgrounds, swimming pools, tennis courts and recreation buildings. Special requirements:

[Amended 9-16-1969 by Ord. No. 73]

No building or part thereof or any parking or loading area shall be located within 100 feet of any street or lot line.

The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the area of the lot.

Any such use shall not be conducted as a business enterprise.

Any such uses shall occupy a lot with an area of not less than five acres.

The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots.

One-story temporary structures between July 1 and November 30 for display and retail sales of agricultural and nursery products grown on the premises. Such structure shall not exceed 1,000 square feet in floor area. Display of produce shall be no closer than 75 feet from any side or rear lot line and at least 40 feet from any street line.

Cemeteries subject to approval by the Planning Board.

Artist communities.

[Added 12-27-2022 by L.L. No. 10-2022]

Artist communities shall be permitted to conduct any or all art-related activities, which may include:

Artist studios and workshops;

Theaters, dance studios, art galleries, classrooms, sculpture parks, and other indoor and outdoor performance and exhibition spaces;

Public art presentations and performances;

Art-related educational programming. Programming and related activities for children, adults, and/or families, including summer day camps, outdoor classrooms, school day programming in coordination with local schools and other organizations (e.g., field trips, workshops), preschool programs, and after-school programs (funded or for a fee), subject to the following:

The property owner shall endeavor to use both indoor and outdoor space for these activities to the extent practicable;

Summer camps shall only operate between June 1 and September 15 of each calendar year between the hours of 8:00 a.m. and 7:00 p.m.;

After-school programs shall not operate after 7:00 p.m.; and

There shall be a designated area on the property for buses transporting students and/or campers, which buses shall adhere to all idling laws and applicable rules and regulations;

On-site residency.

Art-related residency/retreat programs. Residency/retreat programs (funded or for a fee), including temporary lodging (for a maximum of one year), meals and studio space for artists only.

Permanent lodging for full-time employees, as part of an artist community's staffing and compensation amenity package, which may include building and/or grounds maintenance staff, executive directors, program coordinators, and resident advisors; however, in no event shall more than 15% of housing units be allocated to full-time employees permanently residing on the property at any one time. There shall be designated parking spaces for full-time employees permanently residing on the property in an amount satisfactory to the Planning Board.

No other residency, besides art-related residency/retreat programs and/or permanent lodging for full-time employees, shall be permitted. The temporary and permanent residences shall be limited to studios, one- and two-bedroom units, with less than 50% of the units being two bedrooms. Temporary artist residencies shall be limited to the artist resident; however, if the artist resident is a parent or guardian of a child, the child may reside with the artist resident, and artist residents can have other visitors/guests of reasonable number and duration, but not to exceed one consecutive week in duration and what would be permitted by the Uniform Fire Prevention and Building Code in occupancy.

The total number of residences, including both art-related temporary residency and permanent lodging for full-time employees, on the property shall not exceed the density permitted by the zoning district in which the property is located. By way of illustration, if a property is in the R-30 zoning district, which has a minimum lot size of 30,000 square feet, there can only be as many residences as would be permitted if the property was subdivided into 30,000-square foot single-family residential lots. If a property is located within two zoning districts, the more restrictive zoning shall apply to the entire property.

The total number of residences, including both art-related temporary residency and permanent lodging for full-time employees, on the property shall not exceed what is allowed under the Uniform Fire Prevention and Building Code. The property owner must comply with the rules and regulations for a multifamily dwelling under the Uniform Fire Prevention and Building Code.

[f]

The total number of residences, including both art-related temporary residency and permanent lodging for full-time employees, on the property shall be established in accordance with the amounts permitted hereunder during the site plan and special permit review process and may not be increased without obtaining amended approvals.

[6]

Art-related indoor events, including interactive art experiences, presentations, live performances, and exhibits open to the public;

[7]

Temporary outdoor art-related events, including interactive and/or informal art experiences, outdoor classes, presentations, live performances, and exhibits, which are limited in size and duration and do not require municipal support services or use amplified sound exceeding the standards set forth in Chapter 130 of the Town Code, subject to the following requirements:

Any art-related event that is held both indoors and outdoors shall be subject to the requirements for temporary outdoor art-related events.

The number of participants, staff, volunteers and others who will be gathering outdoors at one time in connection with the outdoor art-related event shall not exceed 75 persons.

In no event shall temporary outdoor events be permitted to remain outdoors past 11:00 p.m., and in no event shall temporary outdoor events of more than 25 persons be permitted to remain outdoors past 9:00 p.m. Notwithstanding the foregoing, permanent or temporary residents of the artist community may be permitted to remain outdoors past 11:00 p.m. so long as it is not in association with a temporary outdoor event. There shall be no use of amplified sound after 10:00 p.m. on Fridays and Saturdays in July and August and no amplified sound after 9:00 p.m. on all other dates.

If, during the temporary outdoor event, there is expected to be a total occupancy on the property of more participants, staff, volunteers, temporary artists-in-residence and others than there is designated parking on the property, or the temporary outdoor event otherwise exceeds the qualifications of this subsection that are permitted, the property owner shall submit a permit application to the Town in accordance with Chapter 166 of the Town Code (Special Events, Parades, and Public Gatherings), regardless of whether the temporary outdoor event qualifies as a special event under Town Code Chapter 166 and regardless of whether the temporary outdoor event would be exempt from needing a permit under Town Code Chapter 166, but in which case the permit application fee shall be waived and in which case the Superintendent of Recreation and Parks shall render a decision on the application no later than 14 business days after the application is submitted or else the permit shall be deemed granted. However, if it is an event that would require a special event permit under Town Code Chapter 166, then those provisions, timeframes and requirements shall control.

Notwithstanding the foregoing, the property owner shall notify the Town Supervisor's office at least two business days in advance of any temporary outdoor events that will occur on the property.

[8]

The renting of indoor space for use by a duly registered and organized not-for-profit corporation or organization that is not art-related, including, but not limited to, for fundraisers, galas, meetings, and other occasions, gatherings, and events (rented indoor events) where the following requirements are met:

All rented indoor events shall take place entirely indoors, except that certain immediately adjacent garden, patio, or other outdoor spaces delineated on the approved site plan may be used in connection with rented indoor events if authorized by the Zoning Board of Appeals or Planning Board, provided that no rented indoor event shall take place entirely or primarily outdoors.

There shall only be one rented indoor event held on the property on any given day.

Attendance on the property for such rented indoor events shall be limited to staff, volunteers, temporary artists-in-residence and invited guests, and there shall be no greater total occupancy on the property during the rented indoor event than the number of designated parking spaces on the property for all of the above-refrenced persons.

Strict compliance with all applicable Fire and Building Code standards is required;

If, during the rented indoor event, there is expected to be a total occupancy on the property of more participants, staff, volunteers, temporary artists-in-residence and others than there is designated parking on the property, or the rented indoor event otherwise exceeds the qualifications of this subsection that are permitted, the property owner shall submit a permit application to the Town in accordance with Chapter 166 of the Town Code (Special Events, Parades, and Public Gatherings), regardless of whether the rented indoor event qualifies as a special event under Town Code Chapter 166 and regardless of whether the rented indoor event would be exempt from needing a permit under Town Code Chapter 166, but in which case the permit application fee shall be waived and in which case the Superintendent of Recreation and Parks shall render a decision on the application no later than 14 business days after the application is submitted or else the permit shall be deemed granted. However, if it is an event that would require a special event permit under Town Code Chapter 166, then those provisions, timeframes and requirements shall control.

[9]

Outdoor uses and structures accessory and/or related to the principal artist community use, including temporary staging facilities and tents (subject to approval from the Building Inspector, if necessary), gardening, walking trails, benches, fields, orchards and similar uses of open space, which support or are related to such art-related activities, and do not adversely impact surrounding properties; and

[10]

Any other uses determined by the Building Inspector to be minor in the context of the overall use of the property and consistent with the special permit issued by the Zoning Board of Appeals.

An artist community shall be subject to the following additional requirements:

The intention of this subsection is to allow the art-related uses, artist community and not-for-profit uses as contemplated by this subsection, which the Board finds are a benefit to the community, not to allow event venues/reception halls generally under this use. Any event held on the property, indoor and/or outdoor, that is not an art-related event that complies with the applicable regulations, is not a rented indoor event that complies with the applicable regulations, and/or is not otherwise expressly contemplated and authorized in Subsection B(7)(a) shall submit a permit application to the Town in accordance with Chapter 166 of the Town Code (Special Events, Parades, and Public Gatherings), regardless of whether the event qualifies as a special event under Town Code Chapter 166 and regardless of whether the event would be exempt from needing a permit under Town Code Chapter 166, but in which case the permit application fee shall be waived and in which case the Superintendent of Recreation and Parks shall render a decision on the application no later than 14 business days after the application is submitted or else the permit shall be deemed granted. However, if it is an event that would require a special event permit under Town Code Chapter 166, then those provisions, timeframes and requirements shall control.

Prior to occupying the property, the owner shall provide the Town Building Department with a fire safety action plan for the property, the structures and uses thereon, which plan shall comply with the Uniform Fire Prevention and Building Code and all other pertinent laws, codes, rules and regulations, and must be strictly adhered to by the property owner.

For any activities otherwise regulated by the Town, including but not limited to special events, cabarets, beekeeping and filming, the property owner shall comply with those requirements.

For any and all activities listed in Subsection B(7)(a), the property owner shall comply with all applicable federal, state and Town laws, rules and regulations.

No building or structure or part thereof, parking or loading area, or outdoor uses, activities or events listed in Subsection B(7)(a) shall be located within 100 feet of any street or lot line.

[6]

The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the area of the lot.

[7]

The entire lot, except for areas covered by buildings or parking or loading areas, shall be suitably landscaped and properly maintained.

[8]

The minimum lot size shall be five acres.

[9]

The maximum height of any structure shall be 35 feet or 2 1/2 stories for new construction, but if an existing structure(s) is being adaptively reused as an artist community, the height of existing structure(s) may exceed 35 feet or 2 1/2 stories, provided that the height is not further increased.

[10]

At least 50% of the gross floor area of the principal structure shall be devoted to art-related activities.

[11]

Sufficient exterior illumination of the lot shall be provided to assure convenience and safety. All such illumination shall be shielded from the view of all surrounding streets and lots.

[12]

Visitors shall not be permitted on site before 8:00 a.m. or after 11:00 p.m., provided that gatherings of more than 25 persons at one time shall not be permitted to remain outdoors past 9:00 p.m. This subsection shall not apply to artists temporarily residing on the property or artists using studios on the property.

[13]

Indoor and outdoor sounds shall comply with Chapter 130 of the Town Code (Noise).

[14]

The Zoning Board of Appeals may require that artist community special permits be renewed periodically. Such renewal shall be granted no less than every three years, provided that the time periods may be granted for longer in the discretion of the Zoning Board of Appeals. At any time between 12 months and four months prior to the date by which the artist community special permit must be renewed, the holder of the special permit shall submit a signed written request to the Town Building Department for renewal of the special permit.

The written request for renewal shall contain the following information:

[i]

The name of the holder of the artist community special permit;

[ii]

The date of the original granting of the special permit;

[iii]

Whether any modifications have been made to the site plan and/or the size or location of buildings or structures on the property since the original special permit was issued, or since the most recent renewal was issued (if applicable);

[iv]

Whether any uses not contemplated in this chapter, in the definitions of "artist communities" and "art-related activities" set forth § 200-53, or in the original special permit approval (or any subsequent renewals, if applicable) are being conducted or are proposed to be conducted on the property;

[v]

Provide copies of all violations, orders to remedy, appearance tickets, orders, judgments, or any other notice issued by any municipal or judicial entity or agency, at the federal, state, county or Town level, that the property owner is in violation of the special permit or any other applicable law, rule or regulation, which was issued since the original special permit was issued, or since the most recent renewal was issued (if applicable);

[vi]

Provide copies of all special event permits that were received in accordance with this section since the original special permit was issued, or since the most recent renewal issued (if applicable); and

[vii]

A sworn statement that the property is in compliance with the conditions of the special permit, and any subsequent renewals, as well as all applicable codes, laws, rules, and regulations, and that any violations issued since the granting of the special permit, or since the most recent renewal issued (if applicable), have been remedied.

The Building Department shall circulate the renewal request to the Building Inspector, Chief of Police, Fire Chief, Town Planner and Town Counsel. If, after reviewing such written request, the Building Inspector, Chief of Police, Fire Chief, Town Planner and Town Counsel determine that the artist community is in compliance with the conditions of the special permit and all applicable statutes, laws, ordinances, codes, rules, and regulations, and that there have not been any incidents/violations on the property since the original special permit approval (or any subsequent renewals, if applicable), then the Building Inspector shall issue a renewal of the special permit for the artist community subject to the same renewal period previously established by the Zoning Board of Appeals. The Building Inspector, Chief of Police, Fire Chief, Town Planner and/or Town Counsel may request additional information from the applicant reasonably necessary to make this determination.

If, after such review, either the Building Inspector, Chief of Police, Fire Chief, Town Planner or Town Counsel determines that i) there are activities on the property that were not contemplated when the special permit was approved, not in compliance with the conditions of the special permit or any applicable statutes, laws, ordinances, codes, rules, or regulations, or are not otherwise authorized under this chapter, ii) there is a significant increase in any activity permitted under the special permit or the Town Code, or iii) there has been an incident(s)/violations on the property since the original special permit approval (or any subsequent renewals, if applicable) that raise health, safety and welfare concerns, then the Building Inspector shall refer the renewal request to the Zoning Board of Appeals to hold further proceedings hereunder to determine whether the special permit shall be modified or revoked, including, the Zoning Board of Appeals may require additional reasonable mitigation, and the conditions of the special permit may be modified upon renewal to provide for such mitigation. The Building Inspector, Chief of Police, Fire Chief, Town Planner and/or Town Counsel may request additional information from the applicant reasonably necessary to make this determination.

If the Building Inspector and/or Zoning Board of Appeals does not complete its review pursuant to this subsection prior to the date the special permit is required to be renewed (provided that the applicant timely submitted the renewal application with all requisite information), then the applicant shall receive an extension of the special permit until the Building Inspector and/or Zoning Board of Appeals completes its review, during which time the applicant shall continue to strictly comply with the terms of the extended special permit.

If the holder of the artist community special permit does not submit a request for renewal of such special permit within the timeframe required or does not provide all of the requisite information in the renewal request, then such special permit shall terminate on the date established by the Zoning Board for renewal, unless the holder of the special permit adequately demonstrates to the Zoning Board of Appeals that extenuating circumstances prevented a timely renewal request. If the Zoning Board of Appeals agrees that there were extenuating circumstances, then the holder of the special permit may submit a late renewal request or application for a new or amended special use permit.

[15]

The Zoning Board of Appeals may put reasonable conditions on the special permit as it deems appropriate under the circumstances, provided that they are consistent with the terms and conditions of this § 200-7B.

[16]

A special use permit authorizes only the activity expressly described in the application and approved permit materials. A special use permit shall expire upon change in property ownership or property transfer, unless the Building Department is notified by the owner, in writing, prior to property transfer and the Zoning Board of Appeals reviews the use or activity and special permit documents and is satisfied that the use has and is being conducted in a manner that is consistent with the special permit and any conditions which may have been stipulated at the time of its issuance and approves, in writing, the transfer of the special use permit. Lack of reply from the Zoning Board of Appeals within 60 days of notification by the property owner shall constitute approval of the continuation of the special use permit. A new special use permit shall be required for any expansion, alteration or variation of a use already authorized by a special use permit. A request for such a permit shall be subject to the application and review procedures described in this chapter.

[17]

In the event the property owner is found to be in violation of the special permit or any other applicable law, rule or regulation, and such violations are not cured within 30 days of notification to the artist community special permit holder, or if not feasible to cure within 30 days the property owner has not demonstrated a good faith effort to attempt to cure the violation within 30 days, the Building Inspector may, in their discretion, refer the property owner to the Zoning Board of Appeals to hold a public hearing on whether the special permit shall be modified or revoked.

[18]

The artist community special permit use is subject to an approved site plan by the Planning Board, with such reasonable conditions as the Planning Board deems appropriate, provided that they are consistent with § 200-7B, including sufficient on-site parking as determined by the Planning Board.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted subject to approval by the Planning Board in accordance with § 200-49 hereof and subject to the requirements specified below and elsewhere in this chapter, including site plan approval in accordance with § 200-50 hereof.

[Added 6-13-2006 by L.L. No. 3-2006[1]]

Municipally owned and operated firehouses owned and operated by a municipality whose offices are located within the territorial limits of the Town of Ossining, subject to the following regulations:

Any such use shall occupy a lot with an area of not less than two acres.

No building or part thereof shall be located within 100 feet of any street line and within 60 feet of any other lot line.

The sum of all areas covered by principal and accessory buildings shall not exceed 20% of the area of the lot.

Sufficient exterior illumination of the site shall be provided to assure convenience and safety. The direct source of all exterior lighting shall be shielded from the view of surrounding residential lots.

Only fire department members, their families and invited guests may utilize the firehouse for usual and customary accessory firehouse activities.

The firehouse may also be used for community events such as municipal voting, blood drives, and disaster or other emergencies, with the approval of the Fire Chief or an Assistant Chief.

The entire lot, except for areas covered by buildings or parking or loading areas, shall be suitably landscaped and properly maintained.

There shall be no external alarms, sirens, air whistles or similar sounds emanating from the firehouse building.

The appearance of the firehouse building shall be compatible with surrounding residential development.

On-site parking areas shall comply with § 200-29D, Regulations for parking spaces adjacent to lots in any residence district, of this chapter.

The firehouse use shall comply with Chapter 130, Noise, of this Code.

Tier 3 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Editor's Note: This local law also redesignated former Subsection C, Accessory uses, as Subsection D.

Accessory uses, limited to the following:

Home occupations, provided that:

No display of goods or signs are visible from the street, except as set forth in Subsection C(5) as follows.

[Amended 9-16-1969 by Ord. No. 73]

Such occupation is incidental to the residential use of the premises and is carried on in the main building by a resident therein with not more than one nonresident assistant.

Such occupation is carried on in an area not exceeding 30% of the area of one floor of the main building.

There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation.

Professional office or studio of an artist, dentist, musician, teacher, physician, architect, engineer or lawyer, provided that:

Such office or studio is incidental to the residential use of the premises, is carried on by the resident and not more than one nonresident assistant and shall occupy not more than 30% of the area of one floor of the main building.

[Amended 9-16-1969 by Ord. No. 73]

Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.

[Amended 9-16-1969 by Ord. No. 73]

Garden house, toolhouse, playhouse, wading pool or swimming pool incidental to the residential use of the premises and not operated for gain.

Any swimming pool with an area of 150 square feet or more or a depth in excess of 24 inches shall be surrounded with a four-foot-high permanent fence. Said fence shall be erected, maintained and equipped with a self-closing, self-locking gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four feet above ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-locking gate.

[Amended 9-16-1969 by Ord. No. 73]

Private garages. Two passenger automobile spaces in such garages may be leased to persons not resident on the premises.

[Amended 9-16-1969 by Ord. No. 73]

The following signs, subject to § 200-28:

[Amended 9-16-1969 by Ord. No. 73]

One indirectly illuminated nameplate or professional sign with an area of not over one square foot.

One sign, either single- or double-faced, the total area of which shall not exceed six square feet, measured on one face of the sign, advertising only the sale of farm, garden or nursery products produced or grown on the premises or of animals raised on the premises.

One real estate sign, either single- or double-faced, not larger than 2 feet by 2 feet in size, on any one or more lots, advertising the sale or lease of only the premises on which it is maintained and set back not less than the required front yard distance and not less than 10 feet from the street line or side line.

One directly illuminated bulletin board or other announcement sign for uses permitted by special permit by the Board of Appeals in Subsection B(1), (2), (4), (5) and (6), with an area not over six square feet, provided that such sign is located not nearer than 10 feet to any street or property line.

Accessory apartments on single-family lots, subject to §§ 200-31.2 and 200-45C of this chapter.

[Added 11-13-2018 by L.L. No. 4-2018]

Tier 1 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 1 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

§ 200-8 (Reserved) [1]

Editor's Note: Former § 200-8, R-35 One-Family Residence-Office District, as amended, was repealed 4-12-2011 by L.L. No. 1-2011.

§ 200-9 R-30 One-Family Residence District.

In an R-30 One-Family Residence District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in the R-40 Residence District.

Any use so permitted in, and as regulated in, the R-40 Residence District.

[Added 6-13-2006 by L.L. No. 3-2006]

§ 200-10 R-20 and R-20A One-Family Residence Districts.

[Amended 8-14-1979 by Ord. No. 97]

In an R-20 One-Family Residence District and an R-20A One-Family Residence District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in the R-40 Residence District.

Any use so permitted in, and as regulated in, the R-40 Residence District.

[Added 6-13-2006 by L.L. No. 3-2006]

§ 200-11 R-15 One-Family Residence District.

In an R-15 One-Family Residence District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in the R-40 Residence District.

Any use so permitted in, and as regulated in, the R-40 Residence District.

[Amended 9-16-1969 by Ord. No. 73]

§ 200-12 (Reserved) [1]

Editor's Note: Former § 200-12, R-15X One-Family Residence-Office District, as amended, was repealed 4-12-2011 by L.L. No. 1-2011.

§ 200-13 R-10 One-Family Residence District.

In an R-10 One-Family Residence District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in the R-40 Residence District.

Uses permitted by special permit upon approval by the Board of Appeals in accordance with Article IX hereof. The following uses are permitted subject to approval by the Board of Appeals in accordance with the provisions of § 200-45. These uses are subject to the requirements specified herein and elsewhere in this chapter, including site plan approval by the Planning Board in accordance with § 200-50 hereof.

Any use so permitted in, and as regulated in, the R-40 Residence District.

Conversion of an existing residential structure to a two-family dwelling, subject to the following requirements:

Each of the resulting dwelling units shall contain not less than 750 square feet of living floor area.

The area of the lot on which such structure is located shall contain not less than 10,000 square feet.[1]

Editor's Note: Former Subsection B(2)(c), dealing with off-street parking spaces for dwelling units, which subsection immediately followed this subsection, was repealed 3-9-1993 by L.L. No. 3-1993.

§ 200-14 R-7.5 One-Family Residence District.

In an R-7.5 One-Family Residence District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in the R-40 Residence District.

Any use so permitted in, and as regulated in the R-10 Residence District.

§ 200-15 R-5 One-Family Residence District.

In an R-5 One-Family Residence District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in the R-40 Residence District.

Uses permitted by special permit upon approval by the Board of Appeals in accordance with Article IX hereof. The following uses are permitted subject to approval by the Board of Appeals in accordance with the provisions of § 200-45. These uses are subject to the requirements specified herein and elsewhere in this chapter, including site plan approval by the Planning Board in accordance with § 200-50 hereof.

Any use so permitted in, and as regulated in, the R-10 Residence District.

§ 200-16 MF Multifamily District.

[Amended 9-16-1969 by Ord. No. 73; 6-19-1973 by Ord. No. 79; 8-19-1975 by Ord. No. 85; 7-22-2014 by L.L. No. 2-2014]

In an MF Multifamily District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in, and as regulated in, the R-40 Residence District.

Multiple dwellings, subject to the following requirements:

No building shall exceed 150 feet in length.

The minimum distance between principal buildings shall equal two times the height of the highest building, and the minimum distance between a principal and an accessory building shall be 20 feet.

Any inner court shall have a minimum dimension of 60 feet, and any outer court shall have a minimum dimension of 20 feet and a depth not exceeding its width.

There shall be provided on the same lot a suitably equipped and landscaped children's play area with a minimum of 400 square feet for each dwelling unit.

Signs, subject to the requirements of § 200-28, and not more than one building identification sign of an area not greater than 14 square feet and located in the front or side yard.

Row or attached dwellings, in addition to being subject to the provisions of Subsection A(2)(b), (c) and (d) above, shall also be subject to the following conditions:

The maximum number of dwelling units in a group of row dwellings shall be six.

Additional requirements for multiple-family and row and/or attached dwellings.

At least 1/3 of the net site area shall be devoted to permanent open space and/or for sites suitable for recreation as required by Subsection A(2)(d). Undeveloped permanent open space shall be provided and guaranteed at the rate of 1,500 square feet per bedroom.

In considering such residential developments, the Planning Board shall follow the procedures and requirements set forth in § 200-31, entitled "Cluster developments."

Any such construction shall be subject to the New York State Multiple Family Building Code.

Any use so permitted in, and as regulated in, the R-10 Residence District.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted subject to approval by the Planning Board in accordance with § 200-49 hereof. These uses are subject to the requirements specified herein and elsewhere in this chapter, including site plan approval in accordance with § 200-50 hereof.

Tier 2 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

§ 200-16.1 MF-I Multifamily-Inn District.

[Added 4-12-2011 by L.L. No. 4-2011; amended 7-22-2014 by L.L. No. 2-2014]

In an MF-I Multifamily-Inn District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:

Permitted uses.

Any permitted use or accessory use listed in, and as regulated in, the R-40 Residence District.

Any use so permitted in, and as regulated in, the MF Multifamily District.

Any use so permitted in, and as regulated in, the R-10 Residence District.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted subject to approval by the Planning Board in accordance with § 200-49 hereof. These uses are subject to the requirements specified herein and elsewhere in this chapter, including site plan approval in accordance with § 200-50 hereof.

Inns and bed-and-breakfast establishments, including retail stores and shops, fully enclosed eating and drinking establishments, recreation facilities and spas that are accessory to the inns or bed-and-breakfast establishments, in accordance with the bulk regulations applicable to the R-40 Residence District in § 200-21A of this chapter.

Tier 2 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

§ 200-17 NC Neighborhood Commercial District.

[Amended 9-16-1969 by Ord. No. 73; 6-19-1973 by Ord. No. 79; 3-22-1983 by Ord. No. 111; 10-3-2017 by L.L. No. 6-2017]

In an NC Neighborhood Commercial District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following, and all such uses shall be subject to site plan approval in accordance with § 200-50 hereof.

Permitted uses.

Stores and shops for the conduct of any retail business, excluding drive-through establishments.

Personal service establishments.

Fully enclosed eating and drinking establishments, provided that no live entertainment or live music is supplied or dancing permitted.

Business, professional and governmental offices.

Public utility structures which only serve the local area.

Fire and police stations.

Artist live/work spaces, at a density no greater than one artist live/work space per 5,000 square feet of lot area, and subject to the following provisions:

An artist live/work space may exist on the first floor of a structure only if the appearance and use of the live/work space on the street side is consistent with the nature of the permitted uses in the surrounding area. For example, if the surrounding area is retail in nature at the first-floor level, the live/work space shall be restricted to retail on the street side of the first floor, and said street-side space shall be large enough, in the opinion of the Building Inspector, to support a typical retail enterprise.

Each artist live/work space and its various components shall be physically separate and distinct from other live/work spaces and other uses within a particular building. The sharing of artist live/work spaces by multiple tenancies, components thereof or utilities shall not be permitted. However, access to live/work spaces may be provided from common access areas, halls or corridors.

Each artist live/work space must be individually equipped with an enclosed bathroom containing a sink, toilet, shower or tub, and appropriate venting.

Each artist live/work space must be individually equipped with a kitchen consisting of a sink, nonportable stove, oven and refrigerator.

Each artist live/work space must contain a floor area of no less than 800 square feet, of which a minimum area shall be devoted to the following: 35 square feet for an enclosed bathroom, 60 square feet for a kitchen, and 120 square feet for a sleeping area.

No more than 30% of the floor area of the artist live/work space may be devoted to residential space.

Direct access between living and working areas must be provided.

In order to ensure that the use is consistent with the other commercial uses, artist live/work spaces shall not be used for classroom instructional uses with more than two pupils at any one time; the storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the work in the live/work space shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within any other residential or commercial unit within the structure or beyond any lot line.

Not more than one person who is 18 years of age or older may reside within an artist live/work space per 300 square feet of residential floor area. Further, not more than two persons who are at least 18 years of age, of which at least one of whom is an artist in residence, and not more than two children of said persons who are under 22 years of age may reside within a live/work space on a year-round basis.

Only one nonresident employee may be employed within an artist live/work space. This requirement may be waived for live/work spaces that provide retail space on the first floor.

Other than in a first-floor retail-oriented area, articles offered for sale within a live/work space must include those produced by the artist residing in said live/work space and may be offered with other like items.

(l)

One flush-mounted, nonilluminated sign, with a maximum area of two square feet, attached adjacent to or near the street entrance door to the live/work space may be used to identify the artist. This sign may list only the name of the artist with a one- or two-word description of the type of artwork or craft that is to be conducted within the live/work space. Where two or more live/work spaces occur within the same building, the signs must be placed in an orderly fashion in relation to each other and must be part of a coherent directory in which signs are ordered in a horizontal fashion. Where five or more live/work spaces are developed within one building, an interior directory sign shall be located in lieu of individual signs on the building exterior.

(m)

Residential space and work space shall not be rented separately or used by persons other than those people legally residing within the artist live/work spaces and permitted nonresident employees.

(n)

All live/work spaces shall conform to all applicable building codes.

(o)

For the purposes of this permitted use, artists shall only be those persons working exclusively with paint, paper, clay and/or other soft materials, and this use shall include photography, jewelry making, graphic arts and other similar relatively quiet endeavors as determined by the Planning Board in reviewing the proposed site plan application. Tattoo appliers, body piercers and musicians shall not be considered artists for the purpose of this use.

(p)

Each artist live/work space shall be inspected by the Building Department every two years in order to determine whether the artist live/work space remains in compliance with this section. Upon a satisfactory inspection report, the artist live/work space owner shall be reissued a certificate of occupancy for two additional years. If the Building Inspector determines that the artist live/work space is not in compliance, the building owner or manager shall have 60 days in which to rectify all noncomplying elements and shall apply for reinspection with the Building and Planning Department, subject to an additional fee. If all such noncomplying elements are not rectified within the above-specified time frame, the certificate of occupancy for the use shall expire and the use as authorized by the site plan approval shall be terminated.

(q)

The owner of the live/work space shall file a certification with the Building and Planning Department every two years, and at any point in time when there is a change in ownership or a change in the use of the space, on a form provided by said department, which certifies that the live/work space is in conformance with the Zoning Chapter and the approved site plan, and that the residential portion of the space has not been expanded beyond a maximum of 30% of the floor area of the live/work space, as required by Subsection A(7)(f) above.

(r)

The deed, offering plan, certificate of occupancy and/or rental agreement, as appropriate, for each artist live/work space shall contain language, satisfactory to the Town Attorney in form and substance, which states that the subject dwelling is an artist live/work space as defined in § 200-53 of the Zoning Chapter of the Code of the Town of Ossining, New York, and is subject to all restrictions and limitations as set forth in said chapter and the approval resolution(s), including the requirement for a certification with the Building Department in accordance with § 200-17A(7)(q). Proof of recording of the deed shall be provided to the Building and Planning Department within 60 days after the conveyance.

Mixed uses, as defined in this chapter, subject to the following provisions:

The lot on which the mixed use is proposed shall be at least 20,000 square feet in size. The residential density of the mixed use shall be no greater than one dwelling unit per 10,000 square feet of lot area; in addition, the nonresidential use(s) in the mixed use shall total no more than 4,800 square feet of floor area per acre of lot area.

The lot on which the mixed use is proposed shall not be adjacent to or across the street from any lot on which exists the housing of dogs as a principal use.

The minimum size of the respective dwelling units shall be as follows:

Studio and efficiency dwellings: 450 square feet.

One-bedroom dwellings: 675 square feet.

Two-bedroom dwellings: 750 square feet.

Three-bedroom dwellings: 1,000 square feet.

Four-bedroom dwellings: 1,200 square feet.

Mixed uses shall be permitted only in buildings which conform to the New York State Residential Code for the proposed mixed use.

The residential and nonresidential uses in a mixed-use building shall have separate means of access (this is, the entrance/exit for the residential use shall not be through the nonresidential use of the building, and vice versa), except that the Planning Board may, at its discretion, approve the use of a common lobby or plaza.

The nonresidential and residential uses of the building shall each be provided with the number of parking spaces required by § 200-29A herein.

General on-site landscaping and screening, as deemed appropriate by the Planning Board, shall be provided. Further, all utility, storage, service and parking areas on the site of the mixed-use building shall be specifically screened by means of landscaping and/or fencing, to the extent deemed necessary and practical by the Planning Board, in order to minimize the impact of these areas upon the residential use of the building and upon the surrounding area.

Dwelling units shall not be permitted above restaurants or any other use deemed by the Planning Board to be incompatible with a residential use in the building.

There shall be no outdoor storage associated with the residential use.

Dwelling units shall not be permitted in basement or cellar space.

One-family detached dwellings, not to exceed one dwelling on each lot as permitted in, and as regulated in, the R-5 Residence District.

Two-family dwellings, not to exceed two dwellings on each lot as regulated by the dimensional requirements in Attachment 2 applicable to the R-10 Residence District.

(11)

Multiple dwellings and row or attached dwellings, as defined in this chapter, subject to the following requirements:

The lot on which the dwellings are proposed shall be at least 15,000 square feet in size, and there shall be a minimum of 5,000 square feet of lot area per dwelling unit permitted.

The minimum size of the respective dwelling units shall be as follows:

Studio and efficiency dwellings: 450 square feet.

One-bedroom dwellings: 675 square feet.

Two-bedroom dwellings: 750 square feet.

Three-bedroom dwellings: 1,000 square feet.

Four-bedroom dwellings: 1,200 square feet.

This use shall be permitted only in buildings which conform to the New York State Residential Code for the proposed use.

General on-site landscaping and screening, as deemed appropriate by the Planning Board, shall be provided. Further, all utility, storage, service and parking areas on the site shall be specifically screened by means of landscaping and/or fencing, to the extent deemed necessary and practical by the Planning Board, in order to minimize the impact of these areas upon the surrounding area.

Dwelling units shall not be permitted in basement or cellar space.

No building shall exceed 150 feet in length.

The minimum distance between principal buildings shall equal two times the height of the highest building, and the minimum distance between a principal and an accessory building shall be 20 feet.

Not more than one building identification sign of an area not greater than 14 square feet and located in the front or side yard may be permitted.

The maximum number of dwelling units in a group of row or attached dwellings shall be six.

[Added 1-26-2021 by L.L. No. 2-2021[1]]

Tier 2 battery energy storage systems, subject to § 200-31.4

Editor's Note: This local law also redesignated former Subsections B, C, D and E as Subsections C, D, E and F, respectively.

Accessory uses.

Off-street parking and loading spaces and private garages subject to the requirements in § 200-29A(1) and B, excluding the outdoor parking of construction equipment.

Accessory signs for nonresidential uses.

Accessory signs, subject to § 200-28, advertising only activities conducted on the lot are permitted, provided that they do not exceed two feet in height nor 25% of the length of the building. Such signs shall be attached to the wall of the building and shall not project more than 15 inches beyond the face of such wall. Signs projecting above the roof or beyond the sidewalls are prohibited.

Freestanding pole signs advertising only activities conducted on the lot which are affixed to a single upright pole; however, no such sign shall exceed 20 square feet in area on each side and 10 feet in height from the ground level to the top of the sign, and no part of said sign shall extend over the lot or street line.

A building on a corner may have a sign on two facades, one sign facing each street.

Tier 1 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 1 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Special requirements.

Where feasible in an NC District, all buildings shall be serviced from a rear service road not less than 25 feet wide. Said service road may be counted as available for access to the required off-street parking spaces.

Setback and screening requirements for nonresidential uses that are contiguous to residentially used lots or residentially zoned lots.

All nonresidential buildings and structures shall be set back at least 30 feet from the lot lines of a contiguous residentially used lot or residentially zoned lot.

Between any nonresidential use and a residentially used lot or residentially zoned lot, a buffer area at least 20 feet wide with native, noninvasive landscape screening shall be provided. Such plantings shall be a mix of evergreen shrubs and coniferous and deciduous tree species. Said coniferous trees shall have an initial height of at least six feet, said deciduous trees shall have a minimum caliper of four inches as measured 12 inches above finished grade, and said trees shall have an expected ultimate height which suits their intended purpose and shall be planted close enough to form a visual barrier. At the sole discretion of the approval authority, a six-foot-high wall or fence, suitable in appearance to the surrounding area, may be substituted for or be required to supplement the landscape plantings as a visual barrier for the residential property from the nonresidential use. Proper maintenance of all fencing and landscape plantings shall be a continuing requirement. All such vegetation shall be maintained in a healthy and vigorous growing condition; all vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season. All fences shall be installed with the more attractive side facing neighboring properties.

Driveways for any nonresidential use shall be located at least 20 feet from a residentially used lot or residentially zoned lot.

Parking areas for any nonresidential use shall be located at least 20 feet from a residentially used lot or residentially zoned lot. Such parking areas shall be screened from adjoining lots with a mix of native, noninvasive evergreen shrubs and coniferous and deciduous tree species. Said coniferous trees shall have an initial height of at least six feet, said deciduous trees shall have a minimum caliper of four inches as measured 12 inches above finished grade, and said trees shall have an expected ultimate height which suits their intended purpose and shall be planted close enough to form a visual barrier. At the sole discretion of the approval authority, a six-foot-high wall or fence, suitable in appearance to the surrounding area, may be substituted for or be required to supplement the landscape plantings as a visual barrier for the residential property from the nonresidential use. Proper maintenance of landscaping shall be a continuing requirement. All such vegetation shall be maintained in a healthy and vigorous growing condition; all vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season. All fences shall be installed with the more attractive side facing neighboring properties.

§ 200-18 GB General Business District.

[Amended 9-16-1969 by Ord. No. 73; 7-13-1971 by Ord. No. 77; 6-19-1973 by Ord. No. 79; 3-10-1981 by Ord. No. 106; 3-22-1983 by Ord. No. 111; 3-9-1993 by L.L. No. 3-1993; 2-25-1997 by L.L. No. 1-1997; 1-27-1998 by L.L. No. 1-1998; 8-12-2003 by L.L. No. 3-2003; 11-9-2005 by L.L. No. 6-2005; 4-12-2011 by L.L. No. 3-2011]

In a GB General Business District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following, and all such uses shall be subject to site plan approval in accordance with § 200-50 hereof.

Permitted uses.

Retail stores and shops, and fully enclosed storage, warehouse and assembly activities which also have a substantial retail component, but excluding:

Construction material supply yards, lumber yards, or construction equipment sales or rental establishments servicing contractors or the construction industry.

The sale of bulk or loose materials such as, but not limited to gravel, mulch, sand, soil, etc.

Personal service establishments.

Eating and drinking establishments, excluding fast food establishments, and provided that no live entertainment or live music is supplied or dancing permitted, unless a cabaret license has been issued by the Town Board in accordance with Chapter 68 of the Town Code.

Business, professional and governmental offices, and banks.

Public utility structures.

Theaters (except drive-ins), bowling alleys and other commercial recreation facilities conducted within a fully enclosed building.

Clubs and fraternal lodges.

Funeral homes.

Buildings and uses owned and operated by the Town.

Child-care and elder-care facilities.

(11)

Galleries, museums, performing arts centers, and other cultural facilities or institutions.

(12)

Spas.

(13)

Dance studios or other instructional facilities.

(14)

Indoor recreational facilities.

(15)

Fully enclosed animal hospitals.

(16)

Private preschools and elementary schools.

(17)

Dog or cat day and overnight care, provided that there are no outdoor areas on the lot for said animals unless the lot abuts or is directly across the street from an existing dog or cat care establishment with outdoor facilities, in which case the proposed use may have outdoor facilities but not to include the outdoor housing of said animals or the keeping of them outside for extended periods or overnight.

(18)

[1]Multiple dwellings and row or attached dwellings, subject to the following provisions:

[Added 7-22-2014 by L.L. No. 2-2014]

The project shall meet the provisions of §§ 200-16A(2), (3) and (4) and 200-22 of this chapter relating to the Multifamily District, except that the Planning Board shall have the authority to modify the requirements of § 200-16A(2), (3) and (4) and the lot width, lot depth, yard, usable open space and building coverage requirements of § 200-22, in the interest of sound planning and design, and where the health, safety and welfare is preserved or enhanced, as determined by said Board.

The lot on which the dwellings are proposed shall be at least 20,000 square feet in size.

The lot on which the dwellings are proposed shall not be adjacent to or across the street from any lot on which exists the housing of dogs as a principal use.

The lot on which the dwellings are proposed, and the dwellings themselves, shall not contain any other principal use.

On-site parking for the dwellings shall be provided in accordance with § 200-29A of this chapter. In addition, the Planning Board shall ensure that sufficient on-site visitor parking is provided. This determination by the Planning Board shall take into consideration whether the parking spaces are individually assigned to the respective dwellings, are common to the dwellings, or are a combination thereof. Further, if determined appropriate by the Planning Board, on-site accessory recreation facilities shall be provided with their own on-site parking.

On-site landscaping and screening, as deemed appropriate by the Planning Board, shall be provided.

Notwithstanding § 200-22 of this chapter, the minimum size of the respective dwelling units shall be as follows:

Studio and efficiency dwellings: 450 square feet.

One-bedroom dwellings: 675 square feet.

Two-bedroom dwellings: 750 square feet.

Three-bedroom dwellings: 1,000 square feet.

Four-bedroom dwellings: 1,200 square feet.

Editor’s Note: Former Subsection A(18), regarding self-storage facilities and related business offices, was repealed 10-3-2017 by L.L. No. 6-2017. This local law also redesignated former Subsection A(19) and (20) as Subsection A(18) and (19), respectively.

(19)

Mixed use, as defined in this chapter, subject to the following provisions:

[Added 7-22-2014 by L.L. No. 2-2014]

The lot on which the mixed use is proposed shall be at least 20,000 square feet in size.

The lot on which the mixed use is proposed shall not be adjacent to or across the street from any lot on which exists the housing of dogs as a principal use.

The minimum size of the respective dwelling units shall be as follows:

Studio and efficiency dwellings: 450 square feet.

One-bedroom dwellings: 675 square feet.

Two-bedroom dwellings: 750 square feet.

Three-bedroom dwellings: 1,000 square feet.

Four-bedroom dwellings: 1,200 square feet.

Mixed use shall be permitted only in buildings which conform to the New York State Residential Code for the proposed mixed use.

The residential and nonresidential uses in a mixed-use building shall have separate means of access (this is, the entrance/exit for residential use shall not be through the nonresidential use of the building, and vice versa), except that the Planning Board may, at its discretion, approve the use of a common lobby or plaza.

The nonresidential and residential uses of the building shall each be provided with the number of parking spaces required by § 200-29A herein.

Dwelling units shall not be permitted in buildings housing animal hospitals; day-care facilities; restaurants; bowling alleys or other commercial recreational facilities; or any other use deemed by the Planning Board to be incompatible with a residential use in the building.

There shall be no outdoor storage associated with the residential use.

Dwelling units shall not be permitted in basement or cellar space.

(20)

Assisted living facilities on lots of at least one acre in size.

[Added 12-22-2015 by L.L. No. 12-2015]

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted subject to approval by the Planning Board in accordance with § 200-49 hereof. These uses are subject to the requirements specified herein and elsewhere in this chapter, including site plan approval in accordance with § 200-50 hereof.

[Amended 7-22-2014 by L.L. No. 2-2014]

Tier 3 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Accessory uses.

Off-street parking and loading spaces, subject to the requirements in § 200-29A(1) and B, excluding the outdoor parking of construction equipment.

Accessory signs advertising only activities conducted on the lot are permitted, provided that they do not exceed two feet in height nor 25% of the length of the building. Such signs shall be attached to the wall of the building and shall not project more than 15 inches beyond the face of such wall. Signs projecting above the roof or beyond the side walls are prohibited.

Freestanding signs advertising only activities conducted on the lot; however, no such sign shall exceed 20 square feet in area on each side and 10 feet in height from the ground level to the top of the sign, and no part of said sign shall extend over the lot or street line.

Tier 1 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 1 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Setback and screening requirements for nonresidential uses that are contiguous to residentially used lots or residentially zoned lots.

[Amended 10-3-2017 by L.L. No. 6-2017]

All nonresidential buildings and structures shall be set back at least 30 feet from the lot lines of a contiguous residentially used lot or residentially zoned lot.

Between any nonresidential use and a residentially used lot or residentially zoned lot, a buffer area at least 20 feet wide with native, noninvasive landscape screening shall be provided. Such plantings shall be a mix of evergreen shrubs, and coniferous and deciduous tree species. Said coniferous trees shall have an initial height of at least six feet, said deciduous trees shall have a minimum caliper of four inches as measured 12 inches above finished grade, and said trees shall have an expected ultimate height which suits their intended purpose and shall be planted close enough to form a visual barrier. At the sole discretion of the approval authority, a six-foot-high wall or fence, suitable in appearance to the surrounding area, may be substituted for or be required to supplement the landscape plantings as a visual barrier for the residential property from the nonresidential use. Proper maintenance of all fencing and landscape plantings shall be a continuing requirement. All such vegetation shall be maintained in a healthy and vigorous growing condition; all vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season. All fences shall be installed with the more attractive side facing neighboring properties.

Driveways for any nonresidential use shall be located at least 20 feet from a residentially used lot or residentially zoned lot.

Parking areas for any nonresidential use shall be located at least 20 feet from a residentially used lot or residentially zoned lot. Such parking areas shall be screened from adjoining lots with a mix of native, noninvasive evergreen shrubs, and coniferous and deciduous tree species. Said coniferous trees shall have an initial height of at least six feet, said deciduous trees shall have a minimum caliper of four inches as measured 12 inches above finished grade, and said trees shall have an expected ultimate height which suits their intended purpose and shall be planted close enough to form a visual barrier. At the sole discretion of the approval authority, a six-foot-high wall or fence, suitable in appearance to the surrounding area, may be substituted for or be required to supplement the landscape plantings as a visual barrier for the residential property from the nonresidential use. Proper maintenance of landscaping shall be a continuing requirement. All such vegetation shall be maintained in a healthy and vigorous growing condition; all vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season. All fences shall be installed with the more attractive side facing neighboring properties.

§ 200-18.1 GB-1 General Business District-1.

[Added 10-11-1983 by Ord. No. 114; amended 10-3-2017 by L.L. No. 6-2017]

In a GB-1 District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following, and all uses shall be subject to site plan approval in accordance with § 200-50 hereof.

Permitted uses.

Warehouse and storage facilities and related business offices, provided that there is no outdoor storage of any kind.

Public utility structures which only serve the local area.

Buildings and uses owned and operated by the Town.

[Added 1-26-2021 by L.L. No. 2-2021[1]]

Tier 2 battery energy storage systems, subject to § 200-31.4.

Editor's Note: This local law also redesignated former Subsections B, C and D as Subsections C, D and E, respectively.

Accessory uses.

Off-street parking and loading spaces and private garages, subject to the requirements in § 200-29A(1) and B, excluding the outdoor parking of construction equipment.

Tier 1 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 1 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Miscellaneous provisions.

If there is a conflict between the provisions of this section and any other applicable section of this Zoning Chapter, the provisions of this section shall control.

Front, side and rear setback requirements otherwise applicable may be increased up to a factor of two, reduced or eliminated to the extent deemed appropriate by the Planning Board, in their sole discretion, on site plan review pursuant to Article XI hereof, based upon the topography, slopes, grades, site distances and highway conditions and configurations as found by the Planning Board and upon a finding by the Planning Board that any such increase, reduction or elimination shall not adversely impact adjacent or abutting properties in considering visual, economic, environmental, ecological, safety and health effects.

Setback and screening requirements for nonresidential uses that are contiguous to residentially used lots or residentially zoned lots.

All nonresidential buildings and structures shall be set back at least 30 feet from the lot lines of a contiguous residentially used lot or residentially zoned lot.

Between any nonresidential use and a residentially used lot or residentially zoned lot, a buffer area at least 20 feet wide with native, noninvasive landscape screening shall be provided. Such plantings shall be a mix of evergreen shrubs, and coniferous and deciduous tree species. Said coniferous trees shall have an initial height of at least six feet, said deciduous trees shall have a minimum caliper of four inches as measured 12 inches above finished grade, and said trees shall have an expected ultimate height which suits their intended purpose and shall be planted close enough to form a visual barrier. At the sole discretion of the approval authority, a six-foot-high wall or fence, suitable in appearance to the surrounding area, may be substituted for or be required to supplement the landscape plantings as a visual barrier for the residential property from the nonresidential use. Proper maintenance of all fencing and landscape plantings shall be a continuing requirement. All such vegetation shall be maintained in a healthy and vigorous growing condition; all vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season. All fences shall be installed with the more attractive side facing neighboring properties.

Driveways for any nonresidential use shall be located at least 20 feet from a residentially used lot or residentially zoned lot.

Parking areas for any nonresidential use shall be located at least 20 feet from a residentially used lot or residentially zoned lot. Such parking areas shall be screened from adjoining lots with a mix of native, noninvasive evergreen shrubs, and coniferous and deciduous tree species. Said coniferous trees shall have an initial height of at least six feet, said deciduous trees shall have a minimum caliper of four inches as measured 12 inches above finished grade, and said trees shall have an expected ultimate height which suits their intended purpose and shall be planted close enough to form a visual barrier. At the sole discretion of the approval authority, a six-foot-high wall or fence, suitable in appearance to the surrounding area, may be substituted for or be required to supplement the landscape plantings as a visual barrier for the residential property from the nonresidential use. Proper maintenance of landscaping shall be a continuing requirement. All such vegetation shall be maintained in a healthy and vigorous growing condition; all vegetation not so maintained shall be replaced with new comparable vegetation at the beginning of the next growing season. All fences shall be installed with the more attractive side facing neighboring properties.

§ 200-19 O-RB Office-Research Business District.

[Amended 9-16-1969 by Ord. No. 73; 8-11-1981 by Ord. No. 109; 6-12-1984 by Ord. No. 116; 3-26-1985 by L.L. No. 2-1985; 6-23-1992 by L.L. No. 3-1992; 4-12-2011 by L.L. No. 5-2011]

In an O-RB Office-Research Business District, no building or premises shall be used, and no building or part of a building shall be erected or altered, which is arranged, intended or designed to be used, in whole or in part, for any purpose except the following, and all such uses shall be subject to site plan approval in accordance with § 200-50 hereof.

Permitted uses.

Office buildings for business and professional offices, research, design and development laboratories, including incidental clinics, cafeterias and recreation facilities for the exclusive use of company employees, subject to the performance standards set forth in Subsection F.

Governmentally owned and operated buildings and uses.

Public utility structures and underground utility lines.

Child-care and elder-care facilities.

Health clubs and spas.

Fully enclosed eating and drinking establishments.

Fully enclosed recreation facilities.

Personal service establishments.

Conditional uses permitted upon approval by the Planning Board in accordance with Article XI hereof. The following conditional uses are permitted subject to approval by the Planning Board in accordance with § 200-49 hereof. These uses are subject to the requirements specified below and elsewhere in this chapter, including site plan approval in accordance with § 200-50 hereof.

Conference centers for meetings of companies and corporations, trade societies and like groups and transient living accommodations for attendees.

Tier 3 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Accessory uses.

Accessory garages, fire protection monitors, cafeterias and other auxiliary installations.

Parking and loading areas.

The following signs, subject to § 200-28:

An identification sign not exceeding 12 square feet in area, provided that not more than one such sign shall be permitted for each tenant on the premises.

Necessary directional signs, none of which shall exceed five square feet in area.

Dwellings only for use of bona fide caretakers or watchmen and their families.

Retail space of the newspaper/candy/sundry store variety, so long as this space is clearly incidental to the principal use of the building in which it is located and is clearly intended but is not necessarily restricted to be patronized by only the employees of such building.

Tier 1 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 1 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Prohibited uses. The following uses are prohibited in the O-RB District:

Residence, except as set forth in Subsection C(4).

All business and commercial uses in which there is retail sale of goods or commercial service of products, including lumber and building materials and equipment, sales, storage and service.

All uses and activities that do not meet the performance standards set forth in Subsection F.

All manufacturing uses or uses of a heavy industrial nature, including:

Primary production from raw materials, such as but not limited to asphalt, cement, charcoal, fuel briquettes, chemicals and related products which may be dangerous, offensive or create nuisances violative of the intent of the performance standards set forth in Subsection F, and processes whether or not related to such production, including but not limited to nitrating, milling, reduction, refining, melting, alloying and distillation.

Operations involving stockyards and slaughterhouses, grain elevators and slag piles.

Bulk storage of flammable products aboveground.

Dumps, except those owned and/or operated by the Town.

Quarries, stone crushers, screening plants and storage of quarry screenings.

Junk- and auto-wrecking yards.

Truck terminals.

Any use which creates any dangerous, injurious, noxious or otherwise objectionable fire, explosive or other hazard; noise or vibration; smoke, dust, odor or other form of air pollution; heat, cold, dampness, electromagnetic or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such manner or in such amount as to adversely affect the use of the surrounding area or adjoining premises.

Special requirements.

The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All landscaping shall be properly maintained throughout the life of any use on said lot. Existing retaining walls, trees or landscaping located within 20 feet of any street or lot line shall not be removed except upon written approval by the Planning Board, nor shall existing grade be disturbed except with such approval.

There shall be planted along lot lines of the subject lot trees or shrubs of such type and spacing as shall be required by the Planning Board to adequately screen all operations on the lot from the view of adjoining properties. Screening shall also be required for the purpose of ensuring that the glare from headlights of vehicles in off-street parking and truck loading or maneuvering areas shall not cause safety problems for drivers on adjacent highways. Generally, such screening shall not be less than three feet where:

The lot lines of the subject lot coincide with those of another lot in residential use; or

The lot abuts, or is traversed by a residence district boundary line.

All permitted uses and accessory equipment, materials or activities shall be confined within completely enclosed buildings with the exception of off-street parking spaces and off-street loading berths.

Fuel storage tanks utilized as part of the heating equipment of an establishment shall be located underground or in a building. Bulk storage of gasoline or petroleum products shall not be permitted except as incidental to a laboratory or the servicing of company vehicles.

Performance standards. Any use subject to the requirements of this section may be established and maintained if its operation is approved by the Planning Board as being in conformance with the standards and regulations limiting dangerous and objectionable elements, such as dust, smoke, odor, fumes, noise or vibration. In approving the site plan, the Planning Board shall decide whether the proposed use will conform to the applicable performance standards. The applicant shall submit to the Planning Board, if the Planning Board so requests, a written report showing the manner in which the proposed use will comply with the performance standards. Any building permit or certificate of occupancy shall be conditioned on, among other things, the applicant's paying the fees for services of such expert consultant or consultants as the Planning Board may call upon for advice as to whether or not the applicant's completed buildings and installations will conform in operation to the applicable performance standards. When the use of such consultant is required by the Planning Board, the applicant shall deposit with the Town Clerk the sum of $500 to be applied to the fee of such consultant. Any proceeds of such deposit not used for said consultant shall be returned to the applicant, and any deficiency shall be made up by the applicant prior to the issuance of a building permit or certificate of occupancy. The continued effectiveness of the certificate of occupancy shall be conditioned on the continuous conformance of the applicant's completed buildings, installations and uses to the applicable performance standards.

Uses subject to the performance standards procedure. Only research, experimental and testing laboratory uses and uses accessory thereto shall be subject to the performance standards procedure in obtaining a building permit. However, if the Building Inspector has reasonable grounds to believe that any other proposed use may violate any of the performance standards and reports accordingly to the Planning Board, then the applicant shall comply with the performance standards procedure.

Enforcement provisions applicable to other uses. Initial and continued compliance with the performance standards is required of every use, including those already existing on the effective date of this chapter. Provisions for enforcement of continued compliance with performance standards shall be invoked by the Building Inspector against any use if there are reasonable grounds to believe that the performance standards are being violated by such use.

Performance standards procedure.

An application for a building permit or certificate of occupancy for a use subject to the performance standards procedure shall include a plan of the proposed construction and a description of the proposed machinery, operations and products and specifications for the mechanisms and techniques to be used in restricting the emission of any dangerous and objectionable elements. The applicant shall also file with such plans and specifications an affidavit acknowledging his understanding of the applicable performance standards and stating his agreement to conform with same at all times. No applicant will be required to reveal any secret processes, and any such information as designated by the applicant as a trade secret and submitted herewith will be treated as confidential. During the course of site plan review, the Planning Board will determine if the applicant's proposal of conformance of use falls within the performance standards.

The Planning Board may require a report by one or more expert consultants retained by the applicant and approved by the Planning Board to advise as to whether the proposed use will conform to the applicable performance standards. The consultant shall report to the Board within 20 days, and a copy of his report shall be promptly furnished to the applicant. The cost of any such special reports by expert consultants shall be paid by the applicant.

Performance standard regulations.

Fire and explosion hazards. All activities involving, and all storage of, flammable and explosive materials shall be provided at any point with adequate safety devices against the hazard of fire and explosion and adequate fire-fighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point. The relevant provisions of state and local laws and regulations shall also apply.

Vibration.

No vibration shall be produced which is transmitted through the ground and is discernible without the aid of instruments at or beyond the lot lines; nor shall any vibration produced exceed 0.002 g peak at up to 50 cycles per second frequency, measured at or beyond the lot lines, using either seismic or electronic vibration measuring equipment.

Vibrations occurring at higher than 50 cycles per second frequency or a periodic vibration shall not induce accelerations exceeding 0.001 g. Single-impulse periodic vibrations occurring at an average interval greater than five minutes shall not induce accelerations exceeding 0.01 g.

Noise.

The maximum sound pressure level radiated by any use of facility at the lot line or the O-RB District, O-RE District or BE District boundary shall not exceed the values in the designated octave bands given in Table I after applying the corrections shown in Table II. All landings and takeoffs of helicopters in a BE District shall comply with Table III. Normal household appliances or equipment in use during the hours of 7:00 a.m. to 9:00 p.m. shall not be subject to these regulations. For purposes of Tables I and II, the sound pressure level shall be measured with a sound level meter and associated octave band analyzer conforming to standards prescribed by the American Standards Association. (American Standard Sound Level Meters for Measurement of Noise and Other Sound, Z24, 3-1944, American Standards Association, Inc., New York, New York, and American Standard Specification for an Octave-Band Filter Set for the Analysis of Noise and Other Sounds, Z24, 10-1953, American Standards Association, Inc., New York, New York, shall be used.)

Table I: Maximum permissible sound pressure levels at the lot line or the O-RB District, O-RE District or BE District boundary for noise radiated continuously from a facility between the hours of 9:00 p.m. and 7:00 a.m.

Frequency Band (cycles per second)	Sound Pressure Level (decibels re 0.0002 dyne/cm²)
20 to 75	69
75 to 150	60
150 to 300	56
300 to 600	51
600 to 1,200	42
1,200 to 2,400	40
2,400 to 4,800	38
4,800 to 10,000	35

If the noise is not smooth and continuous and is not radiated between the hours of 9:00 p.m. and 7:00 a.m., one or more of the corrections in Table II shall be applied to the decibel levels given in Table I.

Table II.

Type or Location of Operation Or Character of Noise		Corrections (decibels)
Daytime operation only		+5
Noise source operates less than
	20% of any one-hour period	+5*
	5% of any one-hour period	+10*
Noise of impulsive character (hammering, etc.)		-5
Noise of periodic character (hum, screech, etc.)		-5

* NOTE: Apply one of these corrections only.

Table III. The acoustic criteria and procedures described in Section 4 of the Federal Aviation Administration Advisory Circular 150/5020-2, dated December 9, 1983, as they may be amended from time to time, shall be the standard governing all applications for a helicopter pad as an accessory use in a BE Business Education District. All applications for such an accessory use shall demonstrate that the proposed use complies with this standard. Notwithstanding such compliance, helicopter landings and takeoffs shall also comply with the following conditions:

No more than an average of five landings and five takeoffs during any one calendar week during any four-week period.

No landings or takeoffs before 7:30 a.m. or after 10:00 p.m.; except that on Sunday, no landings or takeoffs before 3:30 p.m.

After landings and before takeoffs, the helicopter's engines shall not operate for longer than necessary for safe operation.

Smoke. No emission shall be permitted, at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the standard Ringelmann Smoke Chart as issued by the United States Bureau of Mines or its approved equivalent, except that visible grey smoke of a shade equal to No. 2 on said chart may be emitted for four minutes in any 30 minutes. These provisions applicable to visible grey smoke shall also apply to visible smoke of a different color but with an apparently equivalent opacity.

Odors. No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air emitted to four volumes of clean air. Any process which may involve the creation or emission of any odors shall be provided with a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail. There is hereby established as a guide in determining such quantities of offensive odors Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1959 by Manufacturing Chemists' Association, Inc., Washington, D.C., and said manual and/or table, as subsequently amended.

Fly ash, dust, fumes, vapors, gases or other forms of air pollution. No emission shall be permitted which can cause any damage to health, animals, vegetation or other forms of property or which can cause any excessive soiling, at any point on the property of others, and, in no event, any emission, from any chimney or otherwise, of any solid or liquid particles in concentrations exceeding 0.3 grain per cubic foot of the conveying gas. For measurement of the amount of particles in gases resulting from combustion, standard corrections shall be applied to a stack temperature of 500° F. and 50% excess air.

Electromagnetic radiation. The following standards shall apply. It shall be unlawful to operate or cause to be operated any planned or intentional sources of electromagnetic radiation which do not comply with the current regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation, except that for all governmental communications facilities, governmental agencies and government-owned plants, the regulations of the Interdepartment Radio Advisory Committee shall take precedence over the regulations of the Federal Communications Commission regarding such sources of electromagnetic radiation. Further, said operation in compliance with the Federal Communications Commission or the Interdepartment Radio Advisory Committee regulations shall be unlawful if such radiation causes an abnormal degradation in performance of other electromagnetic radiators or electromagnetic receptors of quality and proper design because of proximity, primary field, blanketing, spurious re-radiation, harmonic content, modulation or energy conducted by power or telephone lines. The determination of abnormal degradation in performance and of quality and proper design shall be made in accordance with good engineering practices as defined in the latest principles and standards of the American Institute of Electrical Engineers, the Institute of Radio Engineers and the Electronic Industries Association. In case of any conflict between the latest standards and principles of the above groups, the following precedence in the interpretation of the standards and principles shall apply:

American Institute of Electrical Engineers.

Institute of Radio Engineers.

Electronic Industries Association.

Radioactive radiation. No activities shall be permitted which emit dangerous radio activity at any point beyond the property lines. The handling of radioactive materials, the discharge of such materials into air and water and the disposal of radioactive wastes shall be in conformance with all federal, state and county laws, ordinances, rules and regulations applicable thereto.

Heat. For the purposes of this chapter, "heat" is defined as thermal energy of a radioactive, conductive or convective nature. Heat emitted at any or all points shall not at any time cause a temperature increase on any adjacent property in excess of 10° F., whether such change be in the air or the ground, in a natural stream or lake or in any structure on such adjacent property.

Glare.

Direct glare. "Direct glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by direct or specularly reflected rays from incandescent, fluorescent or arc lighting or from such high temperature processes as welding or petroleum or metallurgical refining. No such direct glare shall be permitted with the exception that parking areas and walkways may be illuminated by luminaries so hooded or shielded that the maximum angle of the cone of direct illumination shall be 60°, drawn perpendicular to the ground, with the exception that such angle may be increased to 90°, if the luminary is less than four feet above the ground. Such luminaries shall be placed not more than 16 feet above ground level, and the maximum illumination at ground level shall not be in excess of three footcandles.

Indirect glare. "Indirect glare" is defined, for the purpose of this chapter, as illumination beyond property lines caused by diffuse reflection from a surface such as a wall or roof of a structure. Indirect glare shall not exceed that value which is produced by an illumination of the reflecting surface not to exceed: 0.3 footcandle (maximum) or 0.1 footcandle (average). Deliberately induced sky-reflected glare, as by casting a beam upward for advertising purposes, is specifically prohibited.

Liquid or solid wastes. No discharge shall be permitted at any point into any public sewer, private sewage disposal system or stream, or into the ground, except in accord with standards approved by the State Department of Health, of any materials of such nature or temperature as can contaminate any water supply or otherwise cause the emission of dangerous or offensive elements. There shall be no accumulation of solid wastes conducive to the breeding of rodents or insects.

§ 200-19.1 BE Business Education District.

[Added 6-12-1984 by Ord. No. 116; amended 9-24-2024 by L.L. No. 3-2024]

In a Business Education District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designated to be used, in whole or in part, for any purpose except the following, and all such uses shall be subject to site plan approval in accordance with § 200-50 hereof.

Purpose:

To provide a location for and encourage the use of business training and corporate events, which are not located in other areas within the Town.

To provide options to augment the primary purpose of this business district with other complimentary uses such as hotel and event space to maintain the economic viability of this unique complex.

To provide appropriate standards for the various commercial uses.

To provide assisted living and service-enriched housing for individuals requiring supportive services or some assistance with daily living.

To the extent practicable, the property owner shall endeavor to incorporate any permitted uses under this section through adaptive reuse of existing buildings without material changes to building footprint.

Permitted uses:

Business training schools for the training of management, sales, research, technical, financial or other executive office personnel.

Conference center.

Hotel.

Restaurant.

Tier 3 solar energy systems, subject to § 200-31.3.

Tier 2 battery energy storage systems, subject to § 200-31.4.

Uses permitted by special permit upon approval by the Board of Appeals in accordance with Article IX hereof.

The following uses are permitted subject to approval by the Board of Appeals in accordance with the provisions of § 200-45C:

Assisted living facility.

Service-enriched senior housing residence.

The uses in Subsection D(1) are subject to the requirements specified below and elsewhere in this chapter, including site plan approval by the Planning Board in accordance with § 200-50 hereof.

An assisted living facility and service-enriched senior housing residence may include the following in addition to individual residential units:

Living area(s) for the common use of the residents adequate in location, number, size, variety and amenities to satisfactorily serve the needs of such residents. Such living areas may include but not be limited to living rooms, TV rooms, libraries, music rooms, activity rooms and multipurpose rooms.

Dining area(s) for the common use of the residents adequate in location, number, size and amenities to satisfactorily serve the needs of such residents and in which meals shall be served to all residents on a daily basis.

Central commercial kitchen from which food service is provided to the common dining room(s). Central commercial kitchen facilities shall provide appropriate venting and odor control in addition to noise attenuation meeting the requirements of Chapter 130 and county and state health code requirements.

Indoor and outdoor passive recreational areas for the common use of the residents.

Lavatory facilities located near the common room(s) for the use of residents and guests.

Laundry facilities for the residents' personal use.

Linen and housekeeping services.

Personal-care services that need not be provided by licensed personnel, including, but not limited to, assistance with dressing, bathing, eating, ambulation and general supervision.

Twenty-four-hour availability of on-site responsible staff person(s).

A central kitchen may be located on each floor of the building for the residents' personal use, provided that adequate safety features are included in the design of such facility.

An area proximate to the main entrance to the service-enriched senior housing residence that provides safe, properly sited, convenient and canopy-protected access to transportation modes for residents.

The occupancy of residential units located in a service-enriched senior housing residence shall be restricted as follows:

Each single efficiency unit shall be occupied by no more than one person. Each double efficiency unit shall be occupied by no more than two persons. Each one-bedroom unit or two-bedroom unit shall be occupied by no more than two persons.

All units shall be designated ADA accessible or ADA adaptable.

Reasonable vehicular and pedestrian circulation shall exist to and from the site, taking into consideration the characteristics of the existing street and accessibility of the site and building(s) thereon for emergency service vehicles. Adequate provision shall be made for the off-street loading and unloading requirements of delivery vehicles if determined by the Board of Appeals to be necessary in the particular circumstances with appropriate landscaping.

Adequate exterior lighting shall be provided to ensure safe pedestrian and vehicular travel around the site. Such lighting shall be shielded from the view of all surrounding properties and streets.

Notwithstanding any other provisions of Town Code, an assisted living facility and a service-enriched senior housing residence is not residential within the meaning of Article VI, Affordable Housing.

Accessory uses:

Accessory garages, sewage treatment plants, pump houses, water towers, storage tanks for other liquid materials, fire protection monitors, electrical and mechanical equipment, cafeterias, demonstration kitchens, and other auxiliary installations and recreational facilities. Exterior recreational facilities shall not be closer than 150 feet to any boundary of any residential district or 100 feet from any other district. All interior and exterior recreational facilities shall be used in such manner as to conform to the performance standards set forth in § 200-19G. Any lighting and hours of lighting of exterior recreational facilities shall be subject to site plan approval.

Fully enclosed warehouse and storage facilities.

Parking and loading areas.

The following signs, subject to § 200-28:

An identification sign, not exceeding 12 square feet in area, provided that not more than one such sign shall be permitted.

Necessary directional signs, none of which shall exceed five square feet in area.

Dwellings for use of caretakers, security or other personnel and their families, provided that the same are set back at least 50 feet from any adjoining lot line.

An area for the landing and takeoff of a helicopter (helicopter pad) for restricted and private use. Such use shall not include maintenance, regular parking or storage of a helicopter, and such use shall be in conformance with and subject to all applicable regulations of the Federal Aviation Administration and New York State Department of Transportation.

Tier 1 solar energy systems, subject to § 200-31.3.

Tier 2 solar energy systems, subject to § 200-31.3.

Tier 1 battery energy storage systems, subject to § 200-31.4.

Electric Vehicle (EV) charging infrastructure at parking areas on site.

(11)

Ballrooms, event spaces, and banquet halls, with associated catering.

(12)

Spa and wellness facilities, and pools.

(13)

Administrative offices.

(14)

Personal service establishments as defined in Article XIII.

Prohibited uses. The following uses are prohibited in the BE District:

Residences, except as set forth in Subsection D and E above.

All business and commercial uses in which there is retail sale of goods or commercial service of products, except in connection with an accessory use set forth in Subsection E above.

All uses and activities that do not meet the performance standards set forth in § 200-19G.

Special requirements.

The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped to maintain an attractive appearance of the lot and to provide adequate screening as set forth below. All landscaping shall be properly maintained throughout the life of any use on said lot. Existing retaining walls, trees or landscaping located within 20 feet of any street or lot line shall not be removed except upon written approval by the Planning Board, nor shall any existing grade be disturbed except with such approval.

There shall be planted along lot lines of the subject lot trees or shrubs of such type, spacing, and height as shall be required by the Planning Board to adequately screen all operations on the lot from the view of adjoining properties.

All permitted uses and accessory equipment, materials or activities shall be confined within completely enclosed buildings and their associated patios and lawns, with the exception of off-street parking spaces, off-street loading berths, recreational facilities, helipad and electrical and mechanical equipment normally not enclosed by a building.

Notwithstanding any other provisions to the contrary, a helicopter pad shall be available for use at the request of the Town of Ossining for police, fire or other emergency services or civic purposes upon reasonable notice under the circumstances to the property owner.

In the event that a property owner cannot comply with the limitations of hours of operation provided in § 200-19F(4)(c), Table III, in an emergency (e.g., weather conditions) or upon the infrequent occasions when scheduling requires, advance notice of such an event shall be given directly to the office of the Supervisor of the Town of Ossining or by notice to the Town of Ossining Police Department during other than normal business hours. Such notice shall be given immediately in the case of an emergency and at least 24 hours in advance of such other occasions or sooner if possible. Such infrequent occasions required due to scheduling requirements shall not exceed more than two occasions in any one-month period.

The property owner shall maintain a log of all landings and takeoffs, which log shall be available for inspection by representatives of the Town of Ossining during normal business hours at the request of the Town. The property owner shall submit a transcript of landings and takeoffs on a monthly basis to the Town Clerk of the Town of Ossining.

The number of guest rooms related to a hotel/conference center and/or units related to an assisted living facility/service-enriched senior housing residence shall be no greater than 300 in total.

§ 200-19.2 O-RE Office-Research Education District.

[Added 4-12-2011 by L.L. No. 5-2011]

In the O-RE Office-Research Education District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designated to be used, in whole or in part, for any purpose except the following, and all such uses shall be subject to site plan approval in accordance with § 200-50 hereof.

Permitted uses.

Governmentally owned and operated buildings and uses.

Public utility structures and underground utility lines.

Training schools for the education of management, sales, research, technical, financial or other personnel.

Instructional music, performing arts and dance facilities.

Fully enclosed eating and drinking establishments.

Fully enclosed recreation facilities.

Bed-and-breakfast establishments.

Flex space, subject to the performance standards set forth in § 200-19F.

One-family dwellings and all permitted uses in the R-20 One-Family Residence District.

[Added 12-18-2018 by L.L. No. 1-2019[1]]

Tier 3 solar energy systems, subject to § 200-31.3.

Tier 2 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Editor's Note: This local law also provided for the renumbering of former Subsections B, C and D as Subsections C, D and E.

Accessory uses.

Accessory garages, fire protection monitors, electrical and mechanical equipment, cafeterias and other auxiliary installations and recreational facilities for the exclusive use of bed-and-breakfast guests, company employees and their families, or students, faculty and other training school personnel and their families.

Dormitory residence buildings ancillary to a training school.

Parking and loading areas.

The following signs, subject to § 200-28:

An identification sign, not exceeding 12 square feet in area, provided that not more than one such sign shall be permitted.

Necessary directional signs, none of which shall exceed five square feet in area.

Dwellings for use of caretakers, watchmen or other company or training school personnel and their families, provided that the same are set back at least 50 feet from any adjoining lot line.

Dwellings for use as overnight lodgings for private visitors or guests in connection with the operation of a training school, provided that the same are set back at least 50 feet from any adjoining lot line.

Tier 1 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 2 solar energy systems, subject to § 200-31.3.

[Added 12-18-2018 by L.L. No. 1-2019]

Tier 1 battery energy storage systems, subject to § 200-31.4.

[Added 1-26-2021 by L.L. No. 2-2021]

Prohibited uses. The following uses are prohibited in the O-RE District:

All business and commercial uses in which there is retail sale of goods or commercial service of products, except for retail stores accessory to permitted nonresidential uses.

All uses and activities that do not meet the performance standards set forth in § 200-19F.

Special requirements.

The entire lot, except for areas covered by buildings or surfaced as parking or service areas, shall be suitably landscaped. All landscaping shall be properly maintained throughout the life of any use on said lot. Existing retaining walls, trees or landscaping located within 20 feet of any street or lot line shall not be removed except upon written approval by the Planning Board, nor shall any existing grade be disturbed except with such approval.

The lot lines of the subject lot coincide with those of another lot in residential use; or

The lot abuts or is traversed by a residence district boundary line.

All permitted uses and accessory equipment, materials or activities shall be confined within completely enclosed buildings, with the exception of off-street parking spaces, off-street loading berths, recreational facilities, and electrical and mechanical equipment normally not enclosed by a building.