Town of Ossining, NY Definitions and Interpretation

Tier 1 battery energy storage systems have an aggregate energy capacity less than or equal to 600 kWh and, if in a room or enclosed area, consist of only a single energy storage system technology.

BED-AND-BREAKFAST ESTABLISHMENT

Tier 2 battery energy storage systems have an aggregate energy capacity greater than 600 kWh or are comprised of more than one storage battery technology in a room or enclosed area.

An owner-occupied one-family detached dwelling that also contains guest rooms, where short-term lodging with food and drink is provided for compensation. The term "bed-and-breakfast establishment" shall not include an inn, a boardinghouse or a rooming house.

[Added 4-12-2011 by L.L. No. 2-2011; amended 10-3-2017 by L.L. No. 6-2017]

BEE

Any life stage of the common, domestic, nonaggressive honey bee, Apis mellifera species.

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

BEE COLONY

An aggregate of bees consisting principally of workers, but having, when perfect, one queen and at time many drones, including brood, combs, honey, and the receptacle inhabited by the bees within a hive.

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

BEEKEEPER

A hobbyist who is an owner of and responsible for one or more bee colonies in a hive or multiple hives.

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

BEEKEEPING

Practices associated with the keeping, operation, harboring and/or maintenance of a bee colony or colonies by a beekeeper.

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

BELOW-MARKET-RATE (BMR) UNIT

[Added 3-27-2007 by L.L. No. 1-2007; amended 8-9-2011 by L.L. No. 7-2011]

A for-purchase housing unit that is affordable to a household whose income does not exceed 80% of the area median income (AMI) for Westchester as defined annually by the United States Department of Housing and Urban Development (HUD) and for which the annual housing cost of a unit, including common charges, principal, interest, taxes and insurance (PITI), does not exceed 33% of 80% of the AMI, adjusted for family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

A rental unit that is affordable to a household whose income does not exceed 60% of the AMI and for which the annual housing cost of the unit, defined as rent plus any tenant-paid utilities, does not exceed 30% of 60% of the AMI, adjusted for family size, and that is marketed in accordance with the Westchester County Fair and Affordable Housing Affirmative Marketing Plan.

BMR UNIT-ELIGIBLE HOUSEHOLD

Said housing unit must be the primary residence of the household and shall not be sublet without the consent of the Town Board or its designee.

BILLBOARD

A sign, including the type commonly known as a "billboard," which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally upon such lot.

A household whose aggregate gross annual income, including the total of all current annual income of members residing in the household from any source whatsoever at the time of application, excluding the earnings of working household members of 21 years of age or younger who are full-time students, does not exceed the income criteria in the definition herein of "below-market-rate unit." In addition, the net assets of the household at the time prior to purchase or lease may not exceed 50% of the purchase price of the unit, except where such household rely, due to age or disability, on the assets in lieu of income.

[Added 3-27-2007 by L.L. No. 1-2007; amended 8-9-2011 by L.L. No. 7-2011]

BOARDER

A person staying at a rooming house or boardinghouse.

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

BUILDING

Any combination of materials forming any construction, except where entirely underground, so as to permit the use of the ground above same as if no building were present. The term "building" shall include the term "structure," as well as the following:

Signs.

Fences.

BUILDING-INTEGRATED SOLAR ENERGY SYSTEM

Walls, other than retaining walls projecting above the ground not more than three feet at the higher ground level and not more than 6 1/2 feet at the lower ground level.

(4)

Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a building and extending not more than 20 feet above the highest level of the roof of such building.

(5)

Porches, outdoor bins and other similar structures.

A combination of solar panels and solar energy equipment integrated into a building, such as vertical facades, semitransparent skylight systems, roofing materials or shading over windows, which produce electricity for on-site consumption.

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

CELL

The basic electrochemical unit, characterized by an anode and a cathode, used to receive, store, and deliver electrical energy.

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

CELLAR

Any space in a building, the structural ceiling level of which is less than four feet above the average finished grade where such grade abuts that exterior wall of such building which fronts on any street. A "cellar" shall not be considered in determining the permissible number of stories.

CHILD-CARE FACILITY

An establishment, licensed or authorized and regulated by the State of New York Department of Social Service, Department of Health or other state agency having jurisdiction, where care is provided for three or more children away from their own homes for less than 24 hours per day, provided the facility is operated for such purposes for more than five hours per week.

[Added 4-12-2011 by L.L. No. 2-2011]

CLUB

An organization catering exclusively to members and their guests for social, recreational or athletic purposes.

[Added 4-12-2011 by L.L. No. 2-2011]

COMMERCIAL GREENHOUSE

A building constructed to produce, store or sell plants for a business purpose rather than for hobby, recreational, educational or other purposes.

[Added 4-12-2011 by L.L. No. 2-2011]

COMMERCIAL OR INDUSTRIAL LAUNDRY

An establishment engaged in supplying laundered items, such as uniforms, gowns and coats, table linens, bed linens and clean room apparel on a rental or contract basis to entities such as industrial plants, institutions, retail establishments and hospitality industries.

[Added 4-12-2011 by L.L. No. 2-2011]

COMMERCIAL RECREATION FACILITY

A building or premises designed and equipped for the conduct of sports, leisure activities and other recreational activities for a business purpose.

[Added 4-12-2011 by L.L. No. 2-2011]

COMMERCIAL VEHICLE

A vehicle bearing a commercial, livery or taxi license plate and which exceeds 14,000 pounds in gross weight.

[Added 4-12-2011 by L.L. No. 2-2011]

COMMISSIONING

A systematic process that provides documented confirmation that a battery energy storage system functions according to the intended design criteria and complies with applicable code requirements.

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

CONFERENCE CENTER

A facility (which may include one or more buildings or portions thereof) consisting of meeting rooms, lecture rooms and display space, and which may include dining and/or lodging facilities, used for the conduct of business, professional and educational meetings, conferences and seminars.

[Added 4-12-2011 by L.L. No. 2-2011]

COURT

An open, unoccupied, outdoor space, other than a front, rear or side yard, on the same lot as a building or group of buildings, and which is bounded on two or more sides by such building or group of buildings.

[Added 4-12-2011 by L.L. No. 2-2011]

COURT, INNER

An open space enclosed on all sides by exterior walls of a building.

COURT, OUTER

An open space enclosed on three sides by exterior walls of a building.

COURT, OUTER, DEPTH OF

The linear average dimension measured from the unenclosed side of the court to the farthest wall thereof.

COURT, OUTER, WIDTH OF

The linear dimension of the unenclosed side of the court.

CURB LEVEL

The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.

DEDICATED-USE BUILDING

A building that is built for the primary intention of housing battery energy storage system equipment, is classified as Group F-1 occupancy as defined in the International Building Code, and complies with the following:

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

The building's only use is battery energy storage, energy generation, and other electrical-grid-related operations.

No other occupancy types are permitted in the building.

DWELLING, ROW OR ATTACHED

Occupants in the rooms and areas containing battery energy storage systems are limited to personnel that operate, maintain, service, test, and repair the battery energy storage system and other energy systems.

(4)

Administrative and support personnel are permitted in areas within the buildings that do not contain battery energy storage systems, provided the following:

(a)

The areas do not occupy more than 10% of the building area of the story in which they are located.

(b)

A means of egress is provided from the administrative and support use areas to the public way that does not require occupants to traverse through areas containing battery energy storage systems or other energy system equipment.

DRIVE-IN ESTABLISHMENT

A business enterprise which permits customers to receive service or obtain products while remaining in their vehicles.

[Added 4-12-2011 by L.L. No. 2-2011]

DWELLING, MULTIPLE

A building or portion thereof containing three or more dwelling units.

DWELLING, ONE-FAMILY

A detached building containing one dwelling unit only.

A one-family dwelling with two common or party walls separating it from adjacent units on both sides.

DWELLING, SEMIDETACHED

A one-family dwelling with one wall in common with an adjacent dwelling.

DWELLING, TWO-FAMILY

A detached building containing two dwelling units only.

DWELLING UNIT

A building, or entirely self-contained portion thereof, containing complete housekeeping facilities for only one family, including any domestic servants employed on the premises, having no enclosed space (other than vestibules, entrance or other hallways or porches) or cooking or sanitary facilities in common with any other "dwelling unit." A house trailer, boarding- or rooming house, convalescent home, fraternity or sorority house, hotel, inn or lodging, nursing or other similar home or other similar structure shall not be deemed to constitute a "dwelling unit."

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

EFFICIENCY OR STUDIO HOUSING UNIT

A housing unit that combines a single-bedroom use with one or more other rooms and uses, such as living and dining rooms. A kitchenette may be in a separate room or as a part of the larger multiple-use room.

[Added 3-27-2007 by L.L. No. 1-2007]

ELDER-CARE FACILITY

An establishment providing supervised care and activities for three or more adults suffering with temporary or long-term dementia or debilitating illnesses for more than three but less than 24 hours per day, whether or not for compensation.

[Added 4-12-2011 by L.L. No. 2-2011]

ENERGY CODE

The New York State Energy Conservation Construction Code adopted pursuant to Article 11 of the Energy Law, as currently in effect and as hereafter amended from time to time.

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

FAMILY

One or more persons occupying a dwelling unit as a single nonprofit housekeeping unit. More than five persons, exclusive of domestic servants, not related by blood, marriage or adoption, shall not be considered to constitute a "family."

FENCE

Any partition, structure or gate erected as a dividing marker, barrier or enclosure.

[Added 4-12-2011 by L.L. No. 2-2011]

FIRE CODE

The fire code section of the New York State Uniform Fire Prevention and Building Code adopted pursuant to Article 18 of the Executive Law, as currently in effect and as hereafter amended from time to time.

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

FLEX SPACE

A building that provides its occupants flexibility in the utilization of its interior space for uses permitted in the zoning district in which the building is located.

[Added 4-12-2011 by L.L. No. 2-2011]

FLOOR AREA

The sum of the gross horizontal areas of the several floors of the building or buildings on a lot measured from the exterior faces of exterior walls or from the center line of party walls separating two buildings, excluding cellar and basement areas used only for storage or for the operation and maintenance of the building.

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

FLOOR AREA, LIVABLE

All spaces within the exterior walls of a dwelling unit, exclusive of garages, breezeways, unheated porches, cellars, heater rooms and basements having a window area of less than 10% of the square foot area of the room. Usable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any rooms within the dwelling unit and all attic space having a clear height of six feet from finished floor level to pitch of roof rafter with a clear height of seven feet six inches from finished floor level to ceiling level over 50% of the area of such attic space.

FLOOR AREA RATIO

The floor area in square feet of all buildings on a lot divided by the area of such lot in square feet.

FULLY ENCLOSED EATING AND DRINKING ESTABLISHMENT

A public bar or restaurant where food and/or beverages are served within the confines of a building, but specifically excludes establishments or parts thereof which serve food outdoors, whether on a terrace, under a permanent or temporary tent or otherwise.

[Added 3-22-1983 by Ord. No. 111]

GLARE

The effect by reflections of light with intensity sufficient as determined in a reasonable manner to cause annoyance, discomfort, or loss in visual performance and visibility in any material respect.

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

GROUND-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that is anchored to the ground via a pole or other mounting system, detached from any other structure, that generates electricity for on-site or off-site consumption. As defined herein, ground-mounted solar energy systems do not include solar collector/lighting systems.

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

HEALTH CLUB

A commercial recreation membership facility designed and used for body conditioning or rehabilitation, including activities such as aerobic and related class exercises, which may contain equipment such as a sauna, steam room, showers and locker facilities.

[Added 4-12-2011 by L.L. No. 2-2011]

HEIGHT, BUILDING

The vertical distance measured from the average elevation of the finished grade at the front of the building to the highest point of the roof for flat and mansard roofs and to the mean height between eave and ridge for other types of roofs.

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

HOTEL

A building or portion thereof containing rooms occupied primarily by transients who are lodged with or without meals, and in which services are provided as are incidental to the use thereof as a temporary residence.

[Added 4-12-2011 by L.L. No. 2-2011]

IMPERVIOUS SURFACES

All buildings, as defined herein, as well as all areas on the ground or elevated above the ground which are comprised of materials including, but not limited to, asphalt, concrete, masonry, wood, gravel, clay or partially open paving stone, and elements including but not limited to swimming pools, courtyards, sports courts, patios, terraces and driveways.

[Added 4-12-2011 by L.L. No. 2-2011]

INN

A commercial establishment operating as a small hotel that provides lodging, food and other amenities for travelers and the public. Seating for food and beverage service shall be limited to the number of guests staying at the inn. An inn shall be limited to 15 guest rooms. The term "inn" shall not include a bed-and-breakfast establishment, a boardinghouse or a rooming house.

[Added 4-12-2011 by L.L. No. 2-2011; amended 10-3-2017 by L.L. No. 6-2017]

LOBBY

A wide passage or large hall located within a building at or just beyond the main public entrance.

[Added 4-12-2011 by L.L. No. 2-2011]

LOT

Any parcel of land, not necessarily coincident with a lot or lots shown on a map of record, which is occupied or which is to be occupied by a building and its accessory buildings, if any, or by a group of buildings accessory thereto, if any, together with the required open spaces appurtenant to such building or group of buildings.

LOT, CORNER

A lot at the junction of and abutting on two or more intersecting streets where the interior angle of intersection does not exceed 135°. A lot abutting a curved street shall be deemed a "corner lot" if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135°.

LOT DEPTH

The minimum distance from the street line of a lot to the rear lot line of such lot.

LOT LINE

Any boundary of a lot other than a street line.

LOT LINE, REAR

The lot line generally opposite to the street line. If the rear lot line is less than 10 feet in length or if the lot comes to a point in the rear, the "rear lot line" shall be deemed to be a line parallel to the front lot line not less than 10 feet long lying farthest from the front lot line.

LOT WIDTH

The average distance between side lot lines taken at the front yard or building line and measured at right angles to the side lot lines or along a parallel to the street.

MAIN FLOOR

The largest area found by the projection of a horizontal plane through the livable floor area which is enclosed by the exterior walls of the building.

MANUFACTURING

Any process whereby the nature, size or shape of articles or raw materials are changed or where articles are assembled.

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

MIXED USE

A building that has a nonresidential use permitted in the zoning district in which it is located on the street level and residential use of the level(s) above.

[Added 11-9-2005 by L.L. No. 6-2005; amended 10-3-2017 by L.L. No. 6-2017]

NATIONALLY RECOGNIZED TESTING LABORATORY(NRTL)

A U.S. Department of Labor designation recognizing a private sector organization to perform certification for certain products to ensure that they meet the requirements of both the construction and general industry OSHA electrical standards.

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

NATIVE PERENNIAL VEGETATION

This vegetation is comprised of native wildflowers, forbs and grasses that serve as habitat, forage and migratory way stations for pollinators and shall not include any prohibited or regulated invasive species as determined by the New York State Department of Environmental Conservation.

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

NEC

National Electric Code.

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

NFPA

National Fire Protection Association.

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

NON-DEDICATED-USE BUILDING

All buildings that contain a battery energy storage system and do not comply with the dedicated-use building requirements identified in this section.

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

NONPARTICIPATING PROPERTY

Any property that is not a participating property.

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

NONPARTICIPATING RESIDENCE

Any residence located on a nonparticipating property.

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

OCCUPIED COMMUNITY BUILDING

Any building in Occupancy Group A, B, E, I, or R, as defined in the International Building Code, including but not limited to schools, colleges, day-care facilities, hospitals, correctional facilities, public libraries, theaters, stadiums, apartments, hotels, and houses of worship.

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

OPEN SPACE

A land area which is open to the air that is not occupied by any structures and is landscaped or left in a natural state.

[Added 4-12-2011 by L.L. No. 2-2011]

PARTICIPATING PROPERTY

A battery energy storage system host property or any real property that is the subject of an agreement that provides for the payment of monetary compensation to the landowner from the battery energy storage system owner (or affiliate) regardless of whether any part of a battery energy storage system is constructed on the property.

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

PATIO

An uncovered, impervious surface, as defined in this chapter, generally used for dining and/or lounging purposes, which is located on the ground, and which has no structural support other than possibly subsurface base material and retaining walls. The concrete, stone or other similar apron around a swimming pool is considered a patio/terrace. A patio or terrace is generally flush to the ground with no air space beneath.

[Added 4-12-2011 by L.L. No. 2-2011]

PERSONAL SERVICE ESTABLISHMENT

A business enterprise engaged in providing services involving the care of a person or his or her personal goods or apparel, including but not limited to beauty and barber shops, dressmakers, tailor shops, watch repair, clothing and shoe repair, laundromats, drop-off laundry and dry cleaners (not including commercial or industrial laundries), nail salons and tanning salons.

[Added 4-12-2011 by L.L. No. 2-2011]

PLACE OF WORSHIP

A church, synagogue, temple, mosque or other building or group of buildings that are used for the conducting of organized religious services, together with other uses of a minor nature that are incidental and accessory to the religious services.

[Added 4-12-2011 by L.L. No. 2-2011]

PLAZA

An area on a lot designed and equipped for public use, which is open to the air and not covered.

[Added 4-12-2011 by L.L. No. 2-2011]

POLLINATORS

This fauna consists of bees, birds, bats and other insects or wildlife that pollinate flowering plants, and includes both wild and managed insects.

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

PORTABLE STORAGE UNIT

A container not more than eight feet wide, 16 feet long and eight feet high, also sometimes known as a "pod," which is designed for the storage of personal property and which is typically rented to the owner and/or occupant of the premises for their temporary use and which is typically delivered and removed by truck.

[Added 4-12-2011 by L.L. No. 2-2011]

PRINCIPAL BUILDING

A building in which is conducted the main or principal use of the lot on which said building is located.

PUBLIC WATER AND PUBLIC SEWER

Sewage disposal and water supply systems approved by the Town Board for municipal operation.

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

RECREATION FACILITY

Any publicly or privately owned use or premises, designed and equipped for the conduct of sports, leisure activities and other recreational activities.

[Added 4-12-2011 by L.L. No. 2-2011]

RESIDENTIALLY ZONED LOT

A lot which is in any of the one-family residence districts, the Multifamily District or the Multifamily-Inn District.

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

RESTAURANT

A business enterprise, or that portion thereof, engaged in the preparation and retail sale of food and beverages selected from a full menu by patrons seated at a table or counter, served by a waiter or waitress and consumed on the premises. The term "restaurant" does not include a bar, cabaret or fast-food restaurant.

[Added 4-12-2011 by L.L. No. 2-2011]

RETAIL STORE OR SHOP

A business enterprise which sells merchandise on premises at retail prices directly to the ultimate consumers.

[Added 4-12-2011 by L.L. No. 2-2011; amended 10-3-2017 by L.L. No. 6-2017]

ROOF-MOUNTED SOLAR ENERGY SYSTEM

A solar energy system that produces electricity for on-site or off-site consumption which is mounted on the roof of a building.

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

SELF-STORAGE FACILITY

A building having two or more compartments or segregated spaces that are used solely for the purpose of storage of personal property.

[Added 2-25-1997 by L.L. No. 1-1997]

SIGN

Any structure or part thereof, or any device attached to a building or painted or represented thereon, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of, or which is used as, an announcement, direction or advertisement, for commercial purposes or otherwise. A "sign" includes a billboard and a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing.

SIGN AREA

Includes all faces of a sign measured as follows:

When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.

When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.

SOLAR ACCESS

Space open to the sun and clear of overhangs or shade so as to permit the use of an active and/or passive solar energy system on an individual lot.

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

SOLAR COLLECTOR

A solar photovoltaic cell, panel or array which relies upon solar radiation as an energy source for the generation of electricity or transfer of stored heat.

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

SOLAR ENERGY EQUIPMENT

Electrical material, hardware, inverters, conduit, storage devices, or other electrical and photovoltaic equipment associated with the production of electricity.

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

SOLAR ENERGY SYSTEM

The components and subsystems required to convert solar energy into electric energy suitable for use. The term includes, but is not limited to, solar panels and solar energy equipment. The area of a solar energy system includes all the land inside the perimeter of the solar energy system and extends to any interconnection equipment. A solar energy system is classified as a Tier 1, Tier 2 or Tier 3 solar energy system as follows:

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

Tier 1 solar energy systems are roof-mounted solar energy systems, building-integrated solar energy systems and solar hot air or water collector devices.

Tier 2 solar energy systems are ground-mounted solar energy systems where the total surface area of all solar panels on the lot does not exceed 900 square feet.