Village of Ossining, NY
Westchester County
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Table of Contents
Table of Contents
A. 
Purpose.
(1) 
To maintain the character, scale and density of existing single-family residential neighborhoods in the Village of Ossining consistent with the protection and promotion of public health, safety and general welfare.
(2) 
To encourage homeowners to maintain and improve their properties in keeping with the character of the surrounding neighborhood.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the S-125, S-100, S-75 and S-50 Districts shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. The following conditional uses shall be subject to the requirements set forth in §§ 270-26 and 270-51 and as set forth below. Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses are permitted, subject to the following:
(1) 
The minimum lot size shall be 3.0 acres.
(2) 
No building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
(3) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area, and the sum of all areas covered by impervious surfaces shall not exceed 50% of the lot area.
(4) 
The maximum height shall not exceed either 35 feet or 2 1/2 stories.
D. 
Additional accessory uses. In addition to the permitted accessory uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(1) 
Greenhouse and tool shed, subject to the requirements of § 270-27.
(2) 
Wading pool or swimming pool incidental to the residential use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
(3) 
Clubhouses and community centers, subject to the requirements of § 270-27 and constructed within a residential community for use by its residents, which shall be operated by a homeowners' association.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E. 
Bulk requirements. Bulk requirements in the S-125, S-100, S-75 and S-50 Districts shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the S-125, S-100, S-75 and S-50 Districts shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An applicant for a residential use must provide affordable housing pursuant to the requirements of Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To maintain the character, scale and density of existing two-family neighborhoods in the Village of Ossining consistent with the protection and promotion of public health, safety and general welfare.
(2) 
To encourage property owners to maintain and improve their properties in keeping with the character of the surrounding neighborhood.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the T District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses.
(1) 
The following uses shall also be permitted as conditional uses: cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses are permitted, subject to the following:
(a) 
The minimum lot size shall be 3.0 acres, except for schools with residential facilities accessory and incidental to an accredited school and serving no more than 25 students, which may have a minimum lot size of not less than 1.0 acre undivided by an existing street.
[Amended 1-17-2018 by L.L. No. 1-2018]
(b) 
No building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
(c) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area, and the sum of all areas covered by impervious surfaces shall not exceed 50% of the lot area.
(d) 
The maximum height shall not exceed either 35 feet or 2 1/2 stories.
(e) 
Educational uses must include appropriate buffers to screen the facility from surrounding residences.
[Added 1-17-2018 by L.L. No. 1-2018]
(2) 
In addition to the applicable requirements found in §§ 270-26 and 270-51, the following requirements apply:
[Amended 8-2-2011 by L.L. No. 3-2011]
(a) 
Parking uses shall meet the minimum lot area requirement, except for schools with residential facilities accessory and incidental to an accredited school and serving no more than 25 students, which facility must meet or exceed the parking requirements for a senior living facility as detailed in the Code.
[Amended 1-17-2018 by L.L. No. 1-2018]
[1] 
No parking or loading area shall be located within 10 feet of any street line or lot line, and the Planning Board shall ensure appropriate screening of parking and loading areas.
(3) 
The requirements set forth in § 270-10C(1) and (2) may be waived upon application to the Planning Board where existing buildings are being repurposed and/or reused upon a showing by the applicant of no significant impact on nearby properties, except that the lot size requirements detailed in § 270-10C(1) may not be waived.
[Added 1-17-2018 by L.L. No. 1-2018]
D. 
Additional accessory uses. In addition to the permitted accessory uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(1) 
Greenhouse, tool shed, subject to the requirements of § 270-27.
(2) 
Wading pool or swimming pool incidental to the residential use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
(3) 
Clubhouses and community centers constructed within a residential community for use by its residents, which shall be operated by a homeowners' association and subject to the requirements of § 270-27.
(4) 
Residential facilities accessory and incidental to an accredited school, serving no more than 25 students.
[Added 1-17-2018 by L.L. No. 1-2018]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E. 
Bulk requirements. Bulk requirements in the T District shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the T District shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An applicant for a residential use in the Two-Family Residence District must provide affordable housing pursuant to the requirements of the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To accommodate the need for denser and more compact housing types in appropriate locations within the Village.
(2) 
To maintain the character and scale of existing multifamily housing developments in the Village of Ossining consistent with the protection and promotion of public health, safety and general welfare.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the MF-1 and MF-2 Districts shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses.
(1) 
The following conditional uses shall be subject to the requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(a) 
Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses are permitted, subject to the following:
[1] 
The minimum lot size shall be 3.0 acres.
[2] 
No building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
[3] 
The sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area, and the sum of all areas covered by impervious surfaces shall not exceed 50% of the lot area.
[4] 
The maximum height shall not exceed either 35 feet or 2 1/2 stories.
(b) 
Parking uses, nonaccessory, shall meet the minimum lot area requirement for the district. No parking or loading area shall be located within 10 feet of any street line or lot line, and the Planning Board shall ensure appropriate screening of parking and loading areas.
(2) 
In addition to the conditional uses permitted in Appendix A,[2] cluster development in accordance with § 270-36 shall be a permitted conditional use.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
D. 
Additional accessory uses. In addition to the permitted accessory uses specified in Appendix A[3] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(1) 
Greenhouse, tool shed, subject to the requirements of § 270-27.
(2) 
Wading pool or swimming pool incidental to the residential use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
(3) 
Clubhouses and community centers constructed within a residential community for use by its residents, which shall be operated by a homeowners' association and subject to the requirements of § 270-27.
[3]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E. 
Bulk requirements.
(1) 
Bulk requirements in the MF-1 and MF-2 Districts shall be as provided in Appendix B[4] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[4]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2) 
Multifamily dwellings shall be subject to the following requirements:
(a) 
The minimum distance between principal buildings shall be not less than 1.5 times the height of whichever building has a higher elevation at its highest point, or 25 feet, whichever is more.
(b) 
There shall be provided on the same lot suitably equipped and active landscaped recreation area(s) which shall constitute at least 25% of the required common open space, as approved by the Planning Board.
(c) 
No building shall exceed 160 feet in length.
F. 
Parking requirements. Parking requirements in MF-1 and MF-2 Districts shall be as provided in Appendix C[5] and subject to requirements specified elsewhere in this chapter.
[5]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An applicant for a residential use in the MF-1 and MF-2 Districts must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To maintain residential developments constructed in the PRD District prior to the effective date of Local Law No. 3-2009.
(2) 
To provide for the development of remaining undeveloped lands within the PRD District while preserving the natural features of development sites, including wetlands, steep slopes, hilltops and ridgelines, views to and from the Hudson River, trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value.
(3) 
To ensure compatibility between new planned residential development and surrounding existing neighborhoods.
B. 
Permitted uses. Permitted principal, accessory, conditional and special permit uses in the PRD District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. The following conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below. Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses, are permitted subject to the following:
(1) 
The minimum lot size shall be 3.0 acres.
(2) 
No building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
(3) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 30% of the lot area, and the sum of all areas covered by impervious surfaces shall not exceed 50% of the lot area.
(4) 
Any conditional use so permitted in and as regulated in cluster zoning in a PRD District pursuant to § 270-36.
(5) 
The maximum height shall not exceed either 35 feet or 2 1/2 stories.
D. 
Additional accessory uses. In addition to the permitted accessory uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(1) 
Greenhouse, tool shed, subject to the requirements of § 270-27.
(2) 
Wading pool or swimming pool incidental to the residential use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
(3) 
Clubhouses and community centers constructed within a residential community for use by its residents, which shall be operated by a homeowners, co-op or condominium association and subject to the requirements of § 270-27.
[Amended 8-2-2011 by L.L. No. 3-2011]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E. 
Bulk requirements. Bulk requirements in the PRD District shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the PRD District shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Special requirements.
(1) 
All PRD developments shall have an area of not less than three acres undivided by an existing public street.
(2) 
If units are attached, there shall be a minimum of two and a maximum of six dwelling units per structure. The Planning Board may allow a greater number of dwelling units within a structure upon a finding that permitting such additional units will not cause a significant adverse effect or impact on the physical or environmental conditions on the site or in the neighborhood.
(3) 
The open space of a PRD development shall be designed to the greatest extent reasonably practicable to preserve the natural features of the site, including, but not necessarily limited to, water bodies, wetlands, steep slopes, hilltops, ridgelines, views to and from the Hudson River, major stands of trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value; to utilize such features in a harmonious fashion; and to enhance the visual appearance of the development. Active and passive recreation areas shall be provided, including private open space adjacent to the dwelling units. In the event that common open space is provided, it may be left in its natural state with at least 10% of the total open space area designated for active recreation activities.
(4) 
All open space, including its services, facilities and utilities, that is in common ownership or control shall be located upon and within a lot or plot of land and shall be fully dimensioned and designated on the plan as representing the area of joint responsibility. The extent of each individual or group ownership, or management as may be established by ownership in full or partial fee, or leased, under deed, covenant, contract or such other conditions of usage or occupancy, shall be legally established and recorded. A description or plan of such lots shall be filed with the Tax Assessor.
(5) 
The applicant for a PRD development shall provide for and establish an organization for the ownership and maintenance of the common open space, and such organization shall not dissolve nor shall it dispose of the common space by sale or otherwise, except to an organization conceived and established to own and maintain it.
(6) 
The Planning Board shall require screening at the PRD development's boundary with a single-family residential district of a type and size appropriate to mitigate any negative visual impacts from the proposed PRD development.
(7) 
All property adjacent to Route 9 shall provide a one-hundred-foot buffer along the entire length of right-of-way of the roadway.
(8) 
No building, other than an accessory building with ground coverage of less than 1,000 square feet, shall be located closer to another building than a distance equal to the height of whichever building has a higher elevation at its highest point and in no event less than 30 feet therefrom.
H. 
Affordable housing. An applicant for a residential use in the PRD District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
I. 
Density bonus incentives.
(1) 
An applicant may apply to the Planning Board for one or more density bonuses in exchange for providing amenities to the Village of Ossining. The Planning Board may, at its discretion and subject to the standards and considerations set forth below, grant density bonuses as set forth in Appendix B[5] for developments in the PRD District in exchange for an applicant providing one or more of the following amenities:
(a) 
Provision of a portion of publicly accessible RiverWalk: providing a portion of RiverWalk that shall contain a trailway having an average width of not less than 25 feet unless a lesser width is permitted by the Planning Board. The trailway shall not be less than 15 feet wide at any point except where space constraints require a reduction in width. The trailway shall consist principally of paved or wood surfaces, but may also include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities. The dimensions and location of the RiverWalk trailway may be negotiated with the Planning Board.
(b) 
Provision of public park or public open space: committing a significant portion of contiguous land to public park or public open space use, either by conveying the land to the Village for such purposes or by other means, such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c) 
Historic preservation: preserving a significant portion of a building(s) or structure(s) identified by the Planning Board and agreed to by the Historic Review Commission as being of historical, cultural or architectural significance.
(d) 
Use of green building techniques. After construction, the development would achieve LEED Gold certification or a similar level of standards. The Planning Board may modify the LEED certification level if the applicant is able to demonstrate that the particularities of the development warrant modification due to site constraints or financial hardships that are directly related to the development of the project. At a minimum, the applicant would have to achieve LEED Silver certification or similar standard. An applicant pursuing a similar standard would have to demonstrate that the green building technologies being incorporated into the project are of similar or greater efficiency in water and energy usage and produce a carbon footprint that is similar or smaller than the LEED Gold certification.
(e) 
Brownfields remediation. Environmental remediation work conducted on-site that is not already substantially subsidized by state or other funding but is required in order for the development to take place.
(f) 
Contribution to non-site-related infrastructure improvements. As negotiated by the Planning Board, non-site-related improvements would be improvements that are not directly needed, required or related to the development of the proposed project but will be able to be utilized by the proposed project's residents or will indirectly improve the project or its site-related infrastructure. Infrastructure improvements may include sidewalk, street or water and sewer system improvements. This list is not exhaustive, and the Village Engineer may provide recommendations to the Planning Board.
(g) 
Provision of public artwork: incorporation of publicly accessible artwork, sculpture, monument or other permanent aesthetic structure on a development site or at a designated off-site location as negotiated by the Planning Board.
(h) 
Streambank restoration or stabilization: maximizing and facilitating streambank restoration or stabilization of tributaries of the Hudson River or other local streams.
[5]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2) 
The Planning Board shall grant a density bonus of 10% for each amenity offered, provided that the Planning Board finds that the amenity is proportional to such density bonus. Notwithstanding the foregoing, such bonus(es) shall not exceed the maximum number of dwelling units specified in Appendix B.[6]
[6]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(3) 
The bonus permitted under this subsection is a bonus in permissible density only and does not authorize deviation from or enlargement of any bulk or lot coverage restrictions.
(4) 
In awarding a bonus for the amenities listed above, the Planning Board shall:
(a) 
Consider the incentives being proposed by the applicant and the degree to which the proposed amenity is compatible with the goals and objectives for the zoning district and the Village as a whole.
(b) 
Set forth, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the LWRP, if applicable, and Comprehensive Plan, and, in particular, how they preserve and enhance the unique aesthetic, recreational, environmental and/or historic qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community.
(c) 
Set forth, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted, and their proportionality shall be demonstrated by the applicant and agreed to by the Planning Board. The cost of the improvements need not equal the value of the benefits granted.
(5) 
The provision of public park or open space pursuant to § 270-12I(1)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A. 
Purpose.
(1) 
To provide for a location for retail complexes anchored by large-format stores such as supermarkets or department stores.
(2) 
To encourage the upgrading of existing shopping centers within the PC District in a manner that promotes the economic vitality of the Village and provides residents with essential retail sales and services.
(3) 
To provide appropriate standards for nonretail uses to allow a broader mix of uses within a shopping complex while maintaining the economic viability of retail as the primary use.
B. 
Uses.
(1) 
Permitted development types in the PC District shall be shopping center.
(2) 
Permitted principal, accessory, conditional and special permit uses within a shopping plaza in the PC District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. The following conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(1) 
Adult entertainment, as defined in Chapter 60, Adult Entertainment, subject to the following: that no such use shall be located within 350 feet from any residential district or within 250 feet from any state highway, and any building containing an adult entertainment shall not exceed 1 1/2 stories in height.
D. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
E. 
Bulk requirements. Bulk requirements in the PC District shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the PC district shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A. 
Purpose.
(1) 
To provide locations for neighborhood-serving businesses in close proximity to residential districts to minimize the need for travel to run daily errands and to protect and promote the health, safety and welfare of Village residents.
(2) 
To encourage neighborhood-serving businesses to cluster along designated corridors within the Village to promote business corridor identity and facilitate comparison shopping.
(3) 
To provide for a diverse range of housing types within neighborhood centers while retaining businesses as the main uses in NC Districts.
(4) 
To aid in the implementation of a parking strategy for each NC district to minimize the impacts of vehicular traffic in and around residential districts.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the NC Districts shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. Residential dwelling units uses which are permitted as conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(1) 
Residential dwelling units shall only be permitted above nonresidential uses. No part of any residential unit shall be located on the ground floor, partially below ground or in a basement.
(2) 
Residential dwelling uses shall have a main entrance to the outside that is separate from any entrance used for nonresidential uses.
(3) 
The minimum habitable floor area for each dwelling unit shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom unit and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
D. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
E. 
Bulk requirements. Bulk requirements in the NC Districts shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the NC Districts shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An applicant for a residential use in the NC-1 or NC-2 Districts must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To preserve historic downtown Ossining as the center of Village life.
(2) 
To promote increased business activity in downtown Ossining by permitting uses and levels of intensity that are greater than elsewhere in the Village.
(3) 
To provide opportunities for residential uses in downtown Ossining to encourage street life during the day and evening.
B. 
Permitted uses. Permitted principal, accessory, conditional and special permit uses in the VC District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. Residential dwelling uses which are permitted as conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below:
(1) 
Residential dwelling units shall only be permitted above nonresidential uses. No part of any residential unit shall be located on the ground floor, partially below ground or in a basement.
(2) 
Residential dwelling uses shall have a main entrance to the outside that is separate from any entrance used for nonresidential uses.
(3) 
The minimum habitable floor area for each dwelling unit shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom unit and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
D. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
E. 
Bulk requirements. Bulk requirements in the VC District shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the VC District shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An applicant for a residential use in the VC District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To provide locations for businesses that are incompatible with residential development.
(2) 
To help ensure that adequate land is available for businesses by providing a district that is exclusively for business use.
B. 
Permitted uses. Permitted principal, accessory, conditional and special permit uses in the GB District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Accessory uses.
(1) 
In addition to the permitted accessory uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements: Light manufacturing, but there shall be no external evidence of the manufacturing processing or assembly activities other than loading and unloading, which shall be fully screened from adjacent residential districts.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
(2) 
In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
D. 
Bulk requirements. Bulk requirements in the GB District shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the GB District shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A. 
Purpose.
(1) 
To accommodate a mix of residential and commercial uses within appropriately scaled buildings along South Highland Avenue.
(2) 
To minimize impacts from commercial uses on the surrounding residential neighborhoods.
(3) 
To maintain the historic character of the large homes on South Highland Avenue that have been converted to nonresidential use.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the P-O District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. The following conditional uses shall be subject to the requirements set forth in §§ 270-26 and 270-51 and as set forth below: Residential uses shall be subject to the following requirements: The minimum habitable floor area for each dwelling unit shall be 450 square feet for an efficiency or studio unit; 600 square feet for a one-bedroom unit; 750 square feet for a two-bedroom unit; and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
D. 
Additional accessory uses. In addition to the permitted accessory uses specified in Appendix A[2] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(1) 
Greenhouse, tool shed, subject to the requirements of § 270-27.
(2) 
Wading pool or swimming pool incidental to the residential use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E. 
Bulk requirements. Bulk requirements in the P-O District shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the P-O District shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An Applicant for a residential use in the P-O District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To provide locations for businesses that focus on offices, hotels and conference centers and commercial research and development, while preserving the natural features of the site, including wetlands, steep slopes, hilltops and ridgelines, views to and from the Hudson River, trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value.
(2) 
To help ensure that adequate land is available for businesses by providing a district that is exclusively for offices, hotels and conference centers and commercial research and development uses.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the O-R District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Accessory uses.
(1) 
In addition to the permitted accessory uses specified in Appendix A[2] and the requirements found in § 270-26, the following accessory uses are permitted if they are an integral part of the primary use, subject to the following additional requirements:
(a) 
Bars or taverns, indoor entertainment or recreation, or restaurants; provided, however, that they are an integral part of the primary use, the total square footage of such uses shall not constitute more than 30% of the building area and the site can accommodate any required additional parking.
(b) 
Light manufacturing, but the use must be in connection with the principle use and there shall be no external evidence of the manufacturing processing or assembly activities other than loading and unloading, which shall be fully screened from adjacent residential districts.
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
(2) 
In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
D. 
Bulk requirements. Bulk requirements in the O-R District shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the O-R District shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A. 
Purpose.
(1) 
To provide for development that is low density and will protect the aesthetics, natural resources and environmental features of the remaining undeveloped lands within the CDD District, including preserving natural features of development sites such as wetlands, steep slopes, hilltops, ridgelines, views to and from the Hudson River, trees, outstanding natural topography, significant geological features and other areas of scenic, ecological and historic value.
(2) 
Protecting the water quality of the streams and watercourses leading into the Hudson River, including fish, wildlife and natural vegetation; requiring the use of best management practices with respect to protection of water quality, stormwater management and erosion and sediment control;[1] minimizing construction on or regrading of steeply sloped areas; enhancing the aesthetics of these natural resources to the greatest extent practicable by protecting scenic views.
[1]
Editor's Note: See Ch. 227, Stormwater Management and Erosion and Sediment Control.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the CDD shall be as provided in Appendix A.[2]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. The following shall also be permitted conditional uses, subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below: Cemeteries, places of worship, senior living facilities, elementary or secondary educational uses and higher learning educational uses are permitted, subject to the following:
(1) 
The minimum lot size shall be 3.0 acres.
(2) 
No building or part thereof or any parking or loading area shall be located within 75 feet of any street line or lot line.
(3) 
The sum of all areas covered by all principal and accessory buildings shall not exceed 30% of lot area, and the sum of all areas covered by impervious surfaces shall not exceed 50% of the lot area.
(4) 
The maximum height shall not exceed either 35 feet or 2 1/2 stories.
D. 
Additional accessory uses. In addition to the permitted accessory uses specified in Appendix A[3] and the requirements found in § 270-26, the following are permitted accessory uses and requirements:
(1) 
Greenhouse, tool shed, subject to the requirements of § 270-27.
(2) 
Wading pool or swimming pool incidental to the residential use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
(3) 
Bars or taverns, indoor entertainment or recreation; provided, however, that they are an integral part of the primary use, the total square footage of such uses shall not constitute more than 30% of the building area and the site can accommodate any required additional parking.
(4) 
Clubhouses and community centers constructed within a residential community for the use by its residents, which shall be operated by a homeowners, co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
[3]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the CDD District shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F. 
Special provisions applicable to CDD.
(1) 
Deductions from developable land area. The land located in the CDD has been identified by the Comprehensive Plan and, if applicable, LWRP, as having unique, natural environmental features. In order to help preserve and conserve these features, the following lands shall be deducted from the developable land area for the purposes of determining whether a development proposal complies with coverage, lot area and density requirements: Wetlands shall be deducted in their entirety.
(2) 
Building width and open area. The total cumulative width of buildings, structures, solid fences and walls more than 36 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line substantially parallel to the Hudson River, and the maximum building width for each structure or building shall not be more than 75 feet measured along a line substantially parallel to the Hudson River. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the Planning Board approves more than one view corridor totaling 30%. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(3) 
View corridor preservation. Views of the Hudson River and/or natural features, including forested lands that are identified by the Planning Board as important, shall be studied during site plan review. Site layout and design shall consider public views and view corridors and shall also consider the importance of views of the Village from the Hudson River. A view corridor analysis, including photo simulations showing the building(s) from public vantages identified by the Planning Board, shall be required. The visual impact of buildings or portions of buildings that can be seen from public streets or spaces shall be mitigated to the maximum extent practicable by reducing the height of the building, changing the design of the building or moving the structures to alternate locations on the site. Providing landscape screening is not an alternative to reducing building height or placement of the building in a less visible location. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(4) 
Open space. Open space should be maximized. To the greatest extent reasonably practicable, any open space proposed on site plans of adjoining properties should be connected and coordinated.
(5) 
Site analysis. The site plan applicant shall cause a site analysis to be prepared that shall demonstrate that the proposed application preserves and enhances the natural ecosystem on the site, including consideration of the elements listed below to the maximum extent practicable. Consideration shall be given to these elements independently and to the way they work together to form a natural ecosystem. Consideration shall also be given to historical and cultural elements that lend character to the site. The applicant shall demonstrate that the proposal incorporates the cultural heritage and community character of the Village of Ossining to the maximum extent practicable. The elements are:
(a) 
Streams and other water bodies.
(b) 
Forested uplands.
(c) 
Views of the Hudson River, forested uplands and other natural features from public rights-of-way.
(d) 
Wetlands, swamps and vernal pools.
(e) 
Steep slopes and other hillsides.
(f) 
Potential pedestrian connections to RiverWalk, the Croton Aqueduct and existing neighborhoods.
(g) 
Archaeological sites and historical buildings.
(h) 
Habitat of threatened and endangered species.
(6) 
The minimum habitable floor area for each dwelling unit in the CDD shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom unit and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
G. 
Affordable housing. An applicant for a residential use in the CDD District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
H. 
Density bonus incentives.
(1) 
An applicant may apply to the Planning Board for one or more density bonuses in exchange for providing amenities to the Village of Ossining. The Planning Board may, at its discretion and subject to the standards and considerations set forth below, grant density bonuses as set forth in Appendix B[5] for developments in the CDD District in exchange for an applicant providing one or more of the following amenities:
(a) 
Provision of a portion of publicly accessible RiverWalk: providing a portion of RiverWalk that shall contain a trailway having an average width of not less than 25 feet unless a lesser width is permitted by the Planning Board. The trailway shall not be less than 15 feet wide at any point except where space constraints require a reduction in width. The trailway shall consist principally of paved or wood surfaces, but may also include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities. The dimensions and location of the RiverWalk trailway may be negotiated with the Planning Board.
(b) 
Provision of public park or public open space: committing a significant portion of contiguous land to public park or public open space use, either by conveying the land to the Village for such purposes or by other means, such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c) 
Historic preservation: preserving a significant portion of a building(s) or structure(s) identified by the Planning Board and agreed to by the Historic Review Commission as being of historical, cultural or architectural significance.
(d) 
Use of green building techniques. After construction, the development would achieve LEED Gold certification or a similar level of standards. The Planning Board may modify the LEED certification level if the applicant is able to demonstrate that the particularities of the development warrant modification due to site constraints or financial hardships that are directly related to the development of the project. At a minimum, the applicant would have to achieve LEED Silver certification or similar standard. An applicant pursuing a similar standard would have to demonstrate that the green building technologies being incorporated into the project are of similar or greater efficiency in water and energy usage and produce a carbon footprint that is similar or smaller than the LEED Gold certification.
(e) 
Brownfields remediation. Environmental remediation work conducted on site that is not already substantially subsidized by state or other funding but is required in order for the development to take place.
(f) 
Contribution to non-site-related infrastructure improvements. As negotiated by the Planning Board, non-site-related improvements would be improvements that are not directly needed, required or related to the development of the proposed project but will be able to be utilized by the proposed project's residents or will indirectly improve the project or its site-related infrastructure. Infrastructure improvements may include sidewalk, street or water and sewer system improvements. This list is not exhaustive, and the Village Engineer may provide recommendations to the Planning Board.
(g) 
Provision of public artwork: incorporation of publicly accessible artwork, sculpture, monument or other permanent aesthetic structure on a development site or at a designated off-site location as negotiated by the Planning Board.
(h) 
Streambank restoration or stabilization: maximizing and facilitating streambank restoration or stabilization of tributaries of the Hudson River or other local streams.
[5]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2) 
The Planning Board shall grant a density bonus of 10% for each amenity offered, provided that the Planning Board finds that the amenity is proportional to such density bonus. Notwithstanding the foregoing, such bonus(es) shall not exceed the maximum number of dwelling units specified in Appendix B.[6]
[6]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(3) 
The bonus permitted under this subsection is a bonus in permissible density only and does not authorize deviation from or enlargement of any bulk or lot coverage restrictions.
(4) 
In awarding a bonus for the amenities listed above, the Planning Board shall:
(a) 
Consider the incentives being proposed by the applicant and the degree to which the proposed amenity is compatible with the goals and objectives for the zoning district and the Village as a whole.
(b) 
Set forth, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the LWRP, if applicable, and Comprehensive Plan, and, in particular, how they preserve and enhance the unique aesthetic, recreational, environmental and/or historic qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community.
(c) 
Set forth, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted, and their proportionality shall be demonstrated by the applicant and agreed to by the Planning Board. The cost of the improvements need not equal the value of the benefits granted.
(5) 
The provision of public park or open space pursuant to § 270-19H(1)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A. 
Purpose.
(1) 
To encourage mixed-use development on small properties near the Metro-North train station that will protect and promote the adaptive reuse of existing architecturally noteworthy buildings.
(2) 
To increase business near the train station by permitting uses that promote activity around the train station.
(3) 
To provide opportunities for residential uses downtown to encourage street life during the day and evening.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the SP-N District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Conditional uses. The following conditional uses shall be subject to the applicable requirements set forth in §§ 270-26 and 270-51 and as set forth below: All residential dwelling units shall be subject to the following requirements:
(1) 
Residential dwelling units shall only be permitted above nonresidential uses. No part of any residential unit shall be located on the ground floor or in a basement.
(2) 
Residential dwelling units shall have a main entrance to the outside that is separate from any entrance used for nonresidential uses.
(3) 
The minimum habitable floor area for each dwelling unit shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit; 750 square feet for a two-bedroom unit; and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
D. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
E. 
Bulk requirements. Bulk requirements in the SP-N District shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
F. 
Parking requirements. Parking requirements in the SP-N District shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
G. 
Affordable housing. An applicant for a residential use in the SP-N District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
A. 
Purpose.
(1) 
To permit development on properties near the Scarborough Metro-North train station.
(2) 
To increase business by the Scarborough Metro-North train station by permitting uses that promote activity around the train station.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the SP-S District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements: Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
D. 
Bulk requirements. Bulk requirements in the SP-S District shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the SP-N District shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
A. 
Purpose: to establish a carefully designed mixed-use development plan for the riverfront area that will implement the planning goals and objectives of the Comprehensive Plan and the Local Waterfront Revitalization Plan and protect the environment and public health, safety and general welfare of the community. This purpose will be achieved by:
(1) 
Permitting recreational, open space, commercial, business and residential uses that will benefit from and, in turn, enhance the unique aesthetic, recreational, historic and environmental qualities of the waterfront area.
(2) 
Providing amenities, services and attractions that will draw people to the riverfront and encourage public use and enjoyment of the area.
(3) 
Permitting and encouraging water-dependent and water-related uses of the area in a manner consistent with the vision and priorities expressed in the Comprehensive Plan and the Village's Local Waterfront Revitalization Plan (LWRP), if applicable.
(4) 
Maximizing opportunities for public ingress to, egress from, access to and enjoyment of the riverfront area and shoreline.
(5) 
Protecting the water quality of the streams and watercourses leading into the Hudson River, including fish, wildlife and natural vegetation.
(6) 
Protecting the sensitive aesthetic, recreational, historic and environmental features that exist in the waterfront.
(7) 
Preserving views of the Hudson River and Hudson Palisades for the maximum enjoyment and benefit by the community as a whole.
(8) 
Encouraging the development of attractive, functional and appropriately scaled uses along the riverfront in a manner that will provide economic support for the Village while affirming the character of the Village as a locus of riverfront activity. Development or redevelopment should:
(a) 
Encourage a proper balance of water-oriented uses, including access to and enjoyment of the waterfront area that will be compatible with other waterfront uses and objectives detailed in the Comprehensive Plan and, if applicable, LWRP, and will encourage the overall development of the Village of Ossining.
(b) 
Encourage appropriate uses of this area to preserve and enhance mixed use of old industrial buildings that bring creative small businesses, artisans and entrepreneurs to the community and support the Village's economy.
(c) 
Bring people to the waterfront area and ensure appropriate density of development, both commercial and residential.
(d) 
Ensure appropriate location and screening of parking, utility installations and accessories, lighting and sign locations.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the RDD shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements:
(1) 
Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
(2) 
Wading pool or swimming pool incidental to the use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
[Added 8-2-2011 by L.L. No. 3-2011]
(3) 
Clubhouses and community centers constructed within a residential community for the use by its residents, which shall be operated by a homeowners, co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
D. 
Bulk requirements. Bulk requirements in the RDD shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the RDD District shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F. 
Special provisions applicable to the RDD.
(1) 
Calculating lot area. Land below the minimum high-water mark of the Hudson River shall not be deemed developable for the purposes of calculating lot area, density or coverage.
(2) 
Riverfront setback. No building, structure, parking area or loading area shall be located within 50 feet of the more inland of: the normal high-water line of the Hudson River or, if present, the inland edge of a riprap or other embankment that runs parallel to the Hudson River channel, unless its design requires a location closer to such waterline, as determined by the Planning Board; provided, however, that the Planning Board shall not permit the distance to be any less than 25 feet. Said setback of 50 feet shall be derived by measuring the average distance from any building or structure to the more inland of the normal high-water line of the Hudson River or the inland edge of a riprap or other embankment, if present, that runs parallel to the Hudson River channel. In the case where it is demonstrated to the Planning Board that the setback area is necessary to be used for parking and loading purposes due to the nature of the parcel of land, the proposed use of land, site layout and design and that the use of the setback area shall not significantly negatively impact the Hudson River, or areas prone to flooding, the riverfront setback may be reduced further as agreed to by the Planning Board during site plan approval.
(3) 
Open space and water-related activities. Open space and water related activities should be maximized. To the greatest extent reasonably practicable, any open space proposed on site plans of adjoining properties should be connected and coordinated.
(4) 
Building width and open area. The total cumulative width of buildings, structures, solid fences and walls more than 36 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line substantially parallel to the Hudson River, and the maximum building width for each structure or building shall not be more than 75 feet measured along a line substantially parallel to the Hudson River. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the Planning Board approves more than one view corridor totaling 30%. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(5) 
View corridor preservation. Views of the Hudson River and/or natural features, including forested lands that are identified by the Planning Board as important, shall be studied during site plan review. Site layout and design shall consider public views and view corridors and shall also consider the importance of views of the Village from the Hudson River. A view corridor analysis, including photo simulations showing the building(s) from public vantages identified by the Planning Board, shall be required. The visual impact of buildings or portions of buildings that can be seen from public streets or spaces shall be mitigated to the maximum extent practicable by reducing the height of the building, changing the design of the building or moving the structures to alternate locations on the site. Providing landscape screening is not an alternative to reducing building height or placement of the building in a less visible location. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(6) 
The minimum habitable floor area for each dwelling unit shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom unit and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
(7) 
Planning Board factors for review. In addition to the considerations set forth in § 270-52, the Planning Board shall consider the following factors during its review of site plan applications for development within the RDD district:
(a) 
The proposed use and how it achieves the purposes outlined in Subsection A above. Mixed use is considered an important factor in creating a waterfront that will draw people, commercial businesses and public use and enjoyment.
(b) 
The quality and extent of views from the adjacent public streets and spaces through the property to the Hudson River.
(c) 
The design and relationship of development to the waterfront as viewed from the Hudson River.
(d) 
The design and function of any easement or other public access provided to the water's edge, including new bulkheading.
G. 
Affordable housing. An applicant for a residential use in the RDD District must provide affordable housing pursuant to the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
H. 
Planned Waterfront and Railway Development (PWRD) Overlay.
(1) 
Policy. Among the goals of the Village of Ossining in creating and administering the PWRD use are the elimination of nonconforming uses, protection and encouragement of water-dependent and water-enhanced uses and promotion and development of mixed residential, retail, commercial and open space uses on the waterfront.
(a) 
This special permit use is created in furtherance of the Comprehensive Plan for the Village and the Local Waterfront Revitalization Program (LWRP), as amended, and the Main Street and Waterfront Plan by Christopher Chadbourne & Associates, September 1994, revised 1995.
(b) 
PWRD use and design controls are intended to enable the development of more desirable living and working environments than might otherwise be possible through the strict application of other sections of this chapter.
(c) 
It is the policy of the Village of Ossining that PWRD special permit approval will be granted by the Village Board, subject to the criteria and special requirements set forth below.
(2) 
Criteria for PWRD special permit approval:
(a) 
The minimum site area shall be three acres. Note: "Site area" shall be defined in accordance with Subsection H(6)(a).
(b) 
The site shall have frontage on the Hudson River and be within 500 feet of a railroad station, in order to ensure the promotion, access and use of the waterfront while reducing the need for and impact of vehicular traffic. The five-hundred-foot distance shall be measured from the station or depot building and shall not be measured from station platforms, parking areas or other accessory structures or facilities. For purposes of this special permit use only, a site shall be deemed to have frontage on the Hudson River if it is contiguous to land owned by the Village which fronts on the Hudson River and which is to be improved by the applicant for public access in accordance with Subsection H(2)(c) below and an agreement made between the Village and the applicant.
(c) 
At least 95% of the site frontage along the Hudson River shall be provided as permanent publicly accessible open space in the form of park areas, passive and/or active recreation areas, children's playgrounds, plazas, pedestrian promenades, boardwalks or other similar facilities. Said open space shall have a minimum depth of 20 feet measured from the bulkhead line, or mean high-water line if no bulkheading is present.
(d) 
The site development plan shall provide that at least 50% of the gross project area be permanent publicly accessible open space, which shall incorporate all the Village's policies concerning waterfront access, especially park areas, pedestrian waterfront promenades, boardwalks or other similar facilities. For purposes of this special permit use only, the "gross project area" shall include any parcel of land contiguous to the site which is owned by the Village and which is to be improved by the applicant for public access in accordance with Subsection H(2)(c) above and an agreement made between the Village and the applicant.
(e) 
The site development plan shall provide for unrestricted public access to the waterfront, subject to the terms herein:
[1] 
The site development plan shall provide for a mix of the uses set forth in Subsection H(2)(d) immediately below, in any ratio, provided that a minimum of 50% and a maximum of 97% of the building area shall be residential;
[2] 
At least 80% of the required parking must be provided in on-site structured parking;
[3] 
The applicant must demonstrate, to the satisfaction of the Village Board, that the requested density is justified by the costs of the proposal, including remediation costs associated with any environmental conditions on the site, proposed public space improvements, maintenance and security costs for the public space, the costs of structured parking and other similar factors;
[4] 
At least 10% of any residential units must be set aside as affordable housing units.[4] "Affordable rental housing" means residential units which, for a period of not less than 25 years, shall be restricted to occupancy by households whose income is less than or equal to 80% of the Westchester County median income as determined by the United States Department of Housing and Urban Development, the rents or carrying charges of which may be met with 30% of the gross household income adjusted only for family size, excluding utilities. "Affordable sale housing" means residential units which, for a period of not less than 25 years, shall be restricted to occupancy by households whose income is less than or equal to 80% of the Westchester County median income as determined by the United States Department of Housing and Urban Development, the purchase price of which shall not exceed three times the household income. Notwithstanding the foregoing, an applicant can satisfy the affordable housing requirement by the payment to the Village of a fee-in-lieu for each approved residential unit, the amount of such per unit fee-in-lieu to be determined from time to time by the Village Board; and
[4]
Editor's Note: See Ch. 62, Affordable Housing.
[5] 
All buildings must be designed to reduce impacts on views both to and from the Hudson River to the maximum extent practicable.
(3) 
Permitted uses.
(a) 
Restaurants other than drive-in restaurants;
(b) 
Parks and recreational facilities, including outdoor performing arts space, piers and docks, including kayak-launching ramps and related uses;
(c) 
Marinas, including related uses such as boat dockage, clubhouses, locker rooms, equipment sales, eating facilities and boat service facilities;
(d) 
Ferry services, commercial excursion and fishing charter facilities;
(e) 
Marine educational facilities;
(f) 
Retail and professional/personal service establishments;
(g) 
Fitness centers;
(h) 
New construction of multiple-dwelling units with up to three bedrooms per unit, including buildings for condominium, fee simple, cooperative or rental occupancy;
(i) 
Parking garage structures. With respect to the dimensions of the parking spaces in such a structure, notwithstanding the provisions of this chapter regarding off-street or parking lot dimension requirements, such requirements shall be:
[1] 
Minimum standard parking space size shall be 8.5 feet by 18 feet;
[2] 
Minimum compact parking space size shall be eight feet by 16 feet; and
[3] 
Minimum aisle width for two-way traffic shall be 22 feet.
(j) 
Public utility buildings or structures;
(k) 
Drinking establishments;
(l) 
Residential apartment buildings operated by the owner of a lower floor business; and
(m) 
Specifically prohibited are uses involving biochemical, biological or animal testing laboratories.
(4) 
Accessory uses.
(a) 
Any use which is customarily incidental and subordinate to the principal use on the same lot;
(b) 
Signs accessory to an establishment located on the same lot, subject to the requirements of Appendix A;[5] and
[5]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
(c) 
Swimming pools.
(5) 
Special requirements. Note: Notwithstanding the provisions of this or any other section of this subsection, the Village Board may waive or alter the provisions of this Subsection H(5) where such waiver or alteration is deemed to further the purposes of this section and the policy set forth in Subsection H(1).
(a) 
No building or part thereof shall be situated within five feet of any street line or lot line, except that this distance shall be increased to 50 feet where the building or part thereof abuts a residential district;
(b) 
The minimum distance between principal buildings shall not be less than 50 feet;
(c) 
All uses and activities which occur in the Hudson River (i.e., docks, disposal of waste) are subject to the regulations of this zone in addition to all other laws and regulations that may apply;
(d) 
No portion of land below the mean high-water mark can be counted into calculations of allowable density;
(e) 
New or expanded marinas shall include pump-out facilities and shall require that their clients utilize the same;
(f) 
Paved walkways for pedestrian access and/or emergency access shall be permitted within a buffer area adjacent to a watercourse; and
(g) 
The watercourse buffer required pursuant to § 270-28 of this chapter shall include any yard and setback requirements established herein.
(6) 
Design standards.
(a) 
For purposes of this special permit use only, "site" shall be defined as the land under the ownership or control of the applicant, whether or not lot lines separate that tract of land, and whether or not any parcels within that tract of land are separately taxed, so long as all such parcels and/or lots are contiguous to one another;
(b) 
Maximum FAR (ratio of floor area of principal buildings, excluding any parking structures and/or mechanical/utility areas, to total land area of site): 1.5;
(c) 
Maximum net density for residential uses: 48 units per acre;
(d) 
Maximum number of bedrooms per unit: three;
(e) 
Maximum building height: 80 feet. For purposes of a PWRD, and notwithstanding anything to the contrary in this chapter, height of a building shall be measured from the average finished grade to the level of the highest point of the roof if the roof is flat or to the mean level between the eaves and the highest point of the roof if the roof is of any other type;
(f) 
Parking:
[1] 
Residential uses: 1.5 spaces per dwelling unit;
[2] 
Nonresidential uses: 4.25 spaces per 1,000 square feet.
(g) 
PWRDs, to the extent possible, shall maintain existing views of the Hudson River from adjoining and nearby properties and streets in the Village of Ossining. The applicant shall demonstrate this by providing computer simulations or models of the project, with views from both the Hudson River (to the east) and towards the Hudson River (to the west); and
(h) 
All developments shall, where it is deemed reasonable, practicable and appropriate by the permitting authority, provide:
[1] 
Continuous and improved pedestrian access along or through the site;
[2] 
Improved public access along the water's edge, including pedestrian walkways, open space areas and promenades. Where necessary for security purposes, reasonable restrictions on all publicly accessible open space may be imposed by the Village Board in accordance with similar restrictions placed upon other Village-owned public recreational/open areas; and
[3] 
Uses open to the public, such as restaurants, shops or marinas.
(7) 
Determination of density.
(a) 
For purposes of determining allowable density, the area of the site shall be calculated in accordance with Subsection H(6)(a);
(b) 
The transfer of real property interests to the municipality within the rezoned site shall not reduce the site area for purposes of determining allowable density, provided that said transfer occurs after approval of the project has been granted; and
(c) 
Municipal or private easements or rights-of-way within the site shall not be deducted from the site area for the purpose of calculating the allowable density.
(8) 
Application for site development plan approval. The procedure for submission, review and approval of a site development plan for this use shall be in accordance with the procedures and standards set forth in § 270-52 thereof, except that the approval authority for the site development plan shall be the Village Board.
A. 
Purpose: to establish a carefully designed mixed-use development plan for the waterfront area that will implement the planning goals and objectives of the Comprehensive Plan, and the Local Waterfront Revitalization Plan, and protect and promote the environment and public health, safety and general welfare of the community. This purpose will be achieved by:
(1) 
Permitting recreational, open space, commercial, business and residential uses that will benefit from and, in turn, enhance the unique aesthetic, recreational, historic and environmental qualities of the waterfront area.
(2) 
Providing amenities, services and attractions that will draw people to the riverfront and encourage public use and enjoyment of the area.
(3) 
Protecting the water quality of the streams and watercourses leading into the Hudson River, including fish, wildlife and natural vegetation; requiring the use of best management practices with respect to protection of water quality, stormwater management and erosion and sediment control;[1] minimizing construction on or regrading of steeply sloped areas; enhancing the aesthetics of these natural resources to the greatest extent feasible by protecting scenic views.
[1]
Editor's Note: See Ch. 227, Stormwater Management and Erosion and Sediment Control.
(4) 
Protecting the sensitive aesthetic, recreational, historic and environmental features that exist in the waterfront.
(5) 
Preserving views of the Hudson River and Hudson Palisades for maximum enjoyment and benefit by the community as a whole.
(6) 
Encouraging the development of attractive, functional and appropriately scaled uses along the riverfront in a manner that will provide economic support for the Village while affirming the character of the Village as a locus of riverfront activity. Development or redevelopment should:
(a) 
Encourage appropriate uses of this area to preserve and enhance mixed use of old industrial buildings that bring creative small businesses, artisans and entrepreneurs to the community and support the Village's economy.
(b) 
Bring people to the waterfront area and ensure appropriate density of development, both commercial and residential.
(c) 
Ensure appropriate location and screening of parking, utility installations and accessories, lighting and sign locations.
(d) 
Provide means of various housing opportunities that help meet the needs of the community, including affordable housing and senior citizen housing.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the Planned Waterfront Districts shall be as provided in Appendix A.[2]
[2]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements:
(1) 
Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
(2) 
Wading pool or swimming pool incidental to the use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
[Added 8-2-2011 by L.L. No. 3-2011]
(3) 
Clubhouses and community centers constructed within a residential community for the use by its residents, which shall be operated by a homeowners, co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
D. 
Bulk requirements. Bulk requirements in the Planned Waterfront Districts shall be as provided in Appendix B[3] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[3]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the Planned Waterfront Districts shall be as provided in Appendix C[4] and subject to requirements specified elsewhere in this chapter.
[4]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F. 
Special provisions applicable to Planned Waterfront Districts.
(1) 
Open space. Open space should be maximized. To the greatest extent reasonably practicable, any open space proposed on site plans of adjoining properties should be connected and coordinated.
(2) 
Building width and open area. The total cumulative width of buildings, structures, solid fences and walls more than 36 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line substantially parallel to the Hudson River, and the maximum building width for each structure or building shall not be more than 75 feet measured along a line substantially parallel to the Hudson River. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the Planning Board approves more than one view corridor totaling 30%. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(3) 
View corridor preservation. Views of the Hudson River and/or natural features, including forested lands that are identified by the Planning Board as important, shall be studied during site plan review. Site layout and design shall consider public views and view corridors and shall also consider the importance of views of the Village from the Hudson River. A view corridor analysis including photo simulations showing the building(s) from public vantages identified by the Planning Board, shall be required. The visual impact of buildings or portions of buildings that can be seen from public streets or spaces shall be mitigated to the maximum extent practicable by reducing the height of the building, changing the design of the building or moving the structures to alternate locations on the site. Providing landscape screening is not an alternative to reducing building height or placement of the building in a less visible location. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(4) 
The site plan applicant shall cause a site analysis to be prepared that shall demonstrate that the proposed application preserves and enhances the natural ecosystem on the site, including consideration of the elements listed below, to the maximum extent practicable. Consideration shall be given to these elements independently and to the way they work together to form a natural ecosystem. Consideration shall also be given to historical and cultural elements that lend character to the site. The applicant shall demonstrate that the proposal incorporates the cultural heritage and community character of the Village of Ossining to the maximum extent practicable. The elements are:
(a) 
Streams and other water bodies.
(b) 
Forested uplands.
(c) 
Views of the Hudson River, forested uplands and other natural features from public rights-of-way.
(d) 
Wetlands, swamps and vernal pools.
(e) 
Steep slopes and other hillsides.
(f) 
Potential pedestrian connections to RiverWalk, the Croton Aqueduct and existing neighborhoods.
(g) 
Archaeological sites and historical buildings.
(h) 
Habitat of threatened and endangered species.
(5) 
The minimum habitable floor area for each dwelling unit in the PW District shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom unit and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
G. 
Subdistricts.
(1) 
There shall be three established subdistricts within the Planned Waterfront District:
(a) 
PW-a: Northern Waterfront Subdistrict.
(b) 
PW-b: Central Waterfront — Transit-Oriented Subdistrict.
(c) 
PW-c: Central Waterfront — Hillside Subdistrict.
(2) 
The permitted uses and bulk requirements may differ among the districts and are set forth in Appendixes A and B.[5] The subdistricts shall be mapped on the Village Zoning Map.[6]
[5]
Appendix A, Use Tables, and Appendix B, Bulk Requirements, are both included at the end of this chapter.
[6]
Editor's Note: The Zoning Map is on file in the offices of the Building Inspector.
H. 
Affordable housing. An applicant for a residential use in the Planned Waterfront District, or any subdistrict thereof, must provide affordable housing pursuant to the requirements of Chapter 62, Affordable Housing.
I. 
Planned Waterfront special permit:
(1) 
Purpose. Numerous contiguous lots in the Planned Waterfront District have common ownership, but are not officially assembled. Keeping those properties in common ownership will help promote the objectives of the waterfront zoning by allowing greater flexibility in site plans. These larger sites will be able to accommodate additional densities and provide more amenities to the Village than smaller, separate lots would be able to provide. Developing a planned waterfront will further the objectives outlined in the Comprehensive Plan by promoting assemblages of parcels that create opportunities for transit-oriented development surrounding the Metro-North station and Ossining Dock by in-filling parcels with diverse land uses. The purpose of this subsection is to allow the granting of a special permit that, in exchange for the provision of certain amenities, will allow increased densities for particular developments meeting the criteria below.
(2) 
Eligibility. Applications can be made for a special permit allowing for increased density in the Planned Waterfront Districts based on the procedures outlined in Article XI for parcels comprised of at least three acres. Contiguous or adjacent lots (even if separated by a public road) where the aggregate area of such lots is at least three acres and development of such lots is proposed in one integrated site plan shall qualify for such special permit.
(3) 
As part of the site plan for the planned development, the applicant must include the following:
(a) 
Lots under the same ownership that are part of this special permit application shall be combined and considered as one lot.
(b) 
Provision of at least one amenity pursuant to Subsection I(4) immediately below.
(c) 
Provision of affordable housing pursuant to the requirements of the Affordable Housing Law of the Village of Ossining, Chapter 62, Affordable Housing.
(4) 
Density bonus incentives. An applicant may apply to the Planning Board for one or more density bonuses in exchange for providing amenities to the Village of Ossining. The Planning Board may, at its discretion and subject to the standards and considerations set forth below, grant density bonuses as set forth in Appendix B[7] for developments in the PW District in exchange for an applicant providing one or more of the following amenities:
(a) 
Provision of a portion of publicly accessible RiverWalk: providing a portion of RiverWalk that shall contain a trailway having an average width of not less than 25 feet, unless a lesser width is permitted by the Planning Board. The trailway shall not be less than 15 feet wide at any point except where space constraints require a reduction in width. The trailway shall consist principally of paved or wood surfaces, but may also include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities. The dimensions and location of the RiverWalk trailway may be negotiated with the Planning Board.
(b) 
Provision of public park or public open space: committing a significant portion of contiguous land to public park or public open space use, either by conveying the land to the Village for such purposes or by other means such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c) 
Historic preservation: preserving a significant portion of a building(s) or structure(s) identified by the Planning Board and agreed to by the Historic Review Commission as being of historical, cultural or architectural significance.
(d) 
Use of green building techniques. After construction, the development would achieve LEED Gold certification or a similar level of standards. The Planning Board may modify the LEED certification level if the applicant is able to demonstrate that the particularities of the development warrant modification due to site constraints or financial hardships that are directly related to the development of the project. At a minimum, the applicant would have to achieve LEED Silver certification or similar standard. An applicant pursuing a similar standard would have to demonstrate that the green building technologies being incorporated into the project are of similar or greater efficiency in water and energy usage and produce a carbon footprint that is similar or smaller than the LEED Gold certification.
(e) 
Brownfields remediation: environmental remediation work conducted on site that is not already substantially subsidized by state or other funding but is required in order for the development to take place.
(f) 
Contribution to non-site-related infrastructure improvements. As negotiated by the Planning Board, non-site-related improvements would be improvements that are not directly needed, required or related to the development of the proposed project but will be able to be utilized by the proposed project's residents or will indirectly improve the project or its site-related infrastructure. Infrastructure improvements may include sidewalk, street or water and sewer system improvements. This list is not exhaustive, and the Village Engineer may provide recommendations to the Planning Board.
(g) 
Provision of public artwork: incorporation of publicly accessible artwork, sculpture, monument or other permanent aesthetic structure on a development site or at a designated off-site location as negotiated by the Planning Board.
(h) 
Streambank restoration or stabilization: maximizing and facilitating streambank restoration or stabilization of tributaries of the Hudson River or other local streams.
[7]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(5) 
The Planning Board shall grant a density bonus of 10% for each amenity offered, provided that the Planning Board finds that the amenity is proportional to such density bonus. Notwithstanding the foregoing, such bonus(es) shall not exceed the maximum number of dwelling units specified in Appendix B.[8]
[8]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(6) 
The bonus permitted under this subsection is a bonus in permissible density only and does not authorize deviation from or enlargement of any bulk or lot coverage restrictions.
(7) 
In awarding a bonus for the amenities listed above, the Planning Board shall:
(a) 
Consider the incentives being proposed by the applicant and the degree to which the proposed amenity is compatible with the goals and objectives for the zoning district and the Village as a whole.
(b) 
Set forth, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the LWRP, if applicable, and Comprehensive Plan, and, in particular, how they preserve and enhance the unique aesthetic, recreational, environmental and/or historic qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community;
(c) 
Set forth, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted, and their proportionality shall be demonstrated by the applicant and agreed to by the Planning Board. The cost of the improvements need not equal the value of the benefits granted.
(8) 
The provision of public park or public open space pursuant to § 270-23I(4)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A. 
Purpose. To establish a carefully designed mixed-use redevelopment plan for the Sing Sing Correctional Facility area that will implement the planning goals and objectives of the Comprehensive Plan and the Local Waterfront Revitalization Plan and protect the environment and public health, safety and general welfare of the community. This purpose will be achieved by:
(1) 
Permitting recreational, open space, commercial, business and residential uses that will benefit from and, in turn, enhance the unique aesthetic, recreational, historic and environmental qualities of the waterfront area.
(2) 
Providing amenities, services and attractions that will draw people to the riverfront and encourage public use and enjoyment of the area.
(3) 
Permitting and encouraging water-dependent and water-related uses of the area in a manner consistent with the vision and objectives expressed in the Village's Comprehensive Plan and, if applicable, the Local Waterfront Revitalization Plan (LWRP).
(4) 
Maximizing opportunities for public ingress to, egress from, access to and enjoyment of the riverfront area and shoreline.
(5) 
Protecting the water quality of the streams and watercourses leading into the Hudson River, including fish, wildlife and natural vegetation.
(6) 
Protecting the sensitive aesthetic, recreational, historic and environmental features that exist in the waterfront.
(7) 
Preserving views of the Hudson River and Hudson Palisades for maximum enjoyment and benefit by the community as a whole.
(8) 
Encouraging the development of attractive, functional and appropriately scaled uses along the riverfront in a manner that will provide economic support for the Village while affirming the character of the Village as a locus of riverfront activity. Development or redevelopment should:
(a) 
Encourage a proper balance of water-oriented uses, including access to and enjoyment of the waterfront area, that will be compatible with other waterfront uses and objectives and will encourage the overall development of Ossining.
(b) 
Encourage appropriate uses of this area to preserve and enhance mixed use of old institutional buildings that could bring creative small businesses, artisans and entrepreneurs to the community and support the Village's economy.
(c) 
Bring people to the waterfront area and ensure appropriate density of development, both commercial and residential.
(d) 
Ensure appropriate location and screening of parking, utility installations and accessories, lighting and sign locations.
B. 
Uses. Permitted principal, accessory, conditional and special permit uses in the IR District shall be as provided in Appendix A.[1]
[1]
Editor's Note: Appendix A, Use Tables, is included at the end of this chapter.
C. 
Accessory uses. In addition to the requirements found in § 270-26, the following permitted accessory uses shall be subject to the following requirements:
(1) 
Applications for drive-through facilities, outdoor dining, outdoor storage or outdoor displays must present a plan to be approved by the Planning Board as part of the site plan review process for the location, lighting, appropriate screening and hours of operation for such uses.
(2) 
Wading pool or swimming pool incidental to the use on the premises and not operated for gain, provided that any swimming pool shall be subject to the requirements of § 270-32 or § 270-33.
[Added 8-2-2011 by L.L. No. 3-2011]
(3) 
Clubhouses and community centers constructed within a residential community for the use by its residents, which shall be operated by a homeowners, co-op or condominium association.
[Added 8-2-2011 by L.L. No. 3-2011]
D. 
Bulk requirements. Bulk requirements in the IR District shall be as provided in Appendix B[2] and subject to the additional requirements specified in this section and elsewhere in this chapter.
[2]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
E. 
Parking requirements. Parking requirements in the IR District shall be as provided in Appendix C[3] and subject to requirements specified elsewhere in this chapter.
[3]
Editor's Note: Appendix C, Parking Requirements, is included at the end of this chapter.
F. 
Special provisions applicable to the IR District.
(1) 
Calculating lot area. Land below the minimum high-water mark of the Hudson River shall not be deemed developable for the purposes of calculating lot area, density or coverage.
(2) 
Riverfront setback. No building or structure shall be located within 50 feet of the more inland of: the normal high-waterline of the Hudson River or, if present, the inland edge of a riprap or other embankment, unless its design requires a location closer to such waterline, as determined by the Planning Board; provided, however, that the Planning Board shall not permit the distance to be any less than 25 feet. Said setback of 50 feet shall be derived by measuring the average distance from any building or structure to the more inland of the normal high-water line of the Hudson River or the inland edge of a riprap or other embankment, if present, except that no part of any building or structure shall be closer than 25 feet to the more inland of the normal high-water line or the inland edge of a riprap or other embankment, if present. No parking or loading area shall be situated within such setback.
(3) 
Open space and water-related activities. Open space and water-related activities should be maximized. Where possible, any open space proposed on site plans of adjoining properties should be connected and coordinated.
(4) 
Building width and open area. The total cumulative width of buildings, structures, solid fences and walls more than 36 inches in height shall not occupy more than 50% of the width of a parcel as measured along a line substantially parallel to the Hudson River, and the maximum building width for each structure or building shall not be more than 75 feet measured along a line substantially parallel to the Hudson River. Of the remaining open area, one uninterrupted space shall be at least 30% of such parcel width, unless the Planning Board approves more than one view corridor totaling 30%. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(5) 
View corridor preservation. Views of the Hudson River and/or natural features, including forested lands that are identified by the Planning Board as important shall be studied during site plan review. Site layout and design shall consider public views and view corridors and shall also consider the importance of views of the Village from the Hudson River. A view corridor analysis, including photo simulations showing the building(s) from public vantages identified by the Planning Board, shall be required. The visual impact of buildings or portions of buildings that can be seen from public streets or spaces shall be mitigated to the maximum extent practicable by reducing the height of the building, changing the design of the building or moving the structures to alternate locations on the site. Providing landscape screening is not an alternative to reducing building height or placement of the building in a less visible location. Excluded are existing Village of Ossining designated historical buildings or any parcel or structure that is deemed by the Planning Board as irrelevant to preserving view corridors either to or from the Hudson River.
(6) 
Site analysis. The site plan applicant shall cause a site analysis to be prepared that shall demonstrate that the proposed application preserves and enhances the natural ecosystem on the site, including consideration of the elements listed below, to the maximum extent practicable. Consideration shall be given to these elements independently and to the way they work together to form a natural ecosystem. Consideration shall also be given to historical and cultural elements that lend character to the site. The applicant shall demonstrate that the proposal incorporates the cultural heritage and community character of the Village of Ossining to the maximum extent practicable. The elements are:
(a) 
Streams and other water bodies.
(b) 
Forested uplands.
(c) 
Views of the Hudson River, forested uplands and other natural features from public rights-of-way.
(d) 
Wetlands, swamps and vernal pools.
(e) 
Steep slopes and other hillsides.
(f) 
Potential pedestrian connections to RiverWalk, the Croton Aqueduct and existing neighborhoods.
(g) 
Archaeological sites and historical buildings.
(h) 
Habitat of threatened and endangered species.
(7) 
The minimum habitable floor area for each dwelling unit in the IR District shall be 450 square feet for an efficiency or studio unit, 600 square feet for a one-bedroom unit, 750 square feet for a two-bedroom unit and 250 additional square feet for each additional bedroom in units with three or more bedrooms.
G. 
Affordable housing. An applicant for a residential use in the IR District must provide affordable housing pursuant to the requirements of Chapter 62, Affordable Housing.
H. 
Density bonus incentives.
(1) 
An applicant may apply to the Planning Board for one or more density bonuses in exchange for providing amenities to the Village of Ossining. The Planning Board may, at its discretion and subject to the standards and considerations set forth below, grant density bonuses as set forth in Appendix B[4] for developments in the IR District in exchange for an applicant providing one or more of the following amenities:
(a) 
Provision of a portion of publicly accessible RiverWalk: providing a portion of RiverWalk that shall contain a trailway having an average width of not less than 25 feet, unless a lesser width is permitted by the Planning Board. The trailway shall not be less than 15 feet wide at any point except where space constraints require a reduction in width. The trailway shall consist principally of paved or wood surfaces, but may also include landscaped areas, sitting areas, benches, gazebos and suitable lighting facilities. The dimensions and location of the RiverWalk trailway may be negotiated with the Planning Board.
(b) 
Provision of public park or public open space: committing a significant portion of contiguous land to public park or public open space use, either by conveying the land to the Village for such purposes or by other means, such as covenants and deed restrictions.
[Amended 8-2-2011 by L.L. No. 3-2011]
(c) 
Historic preservation: preserving a significant portion of a building(s) or structure(s) identified by the Planning Board and agreed to by the Historic Review Commission as being of historical, cultural or architectural significance.
(d) 
Use of green building techniques. After construction, the development would achieve LEED Gold certification or a similar level of standards. The Planning Board may modify the LEED certification level if the applicant is able to demonstrate that the particularities of the development warrant modification due to site constraints or financial hardships that are directly related to the development of the project. At a minimum, the applicant would have to achieve LEED Silver certification or similar standard. An applicant pursuing a similar standard would have to demonstrate that the green building technologies being incorporated into the project are of similar or greater efficiency in water and energy usage and produce a carbon footprint that is similar or smaller than the LEED Gold certification.
(e) 
Brownfields remediation: environmental remediation work conducted on site that is not already substantially subsidized by state or other funding but is required in order for the development to take place.
(f) 
Contribution to non-site-related infrastructure improvements. As negotiated by the Planning Board, non-site-related improvements would be improvements that are not directly needed, required or related to the development of the proposed project but will be able to be utilized by the proposed project's residents or will indirectly improve the project or its site-related infrastructure. Infrastructure improvements may include sidewalk, street or water and sewer system improvements. This list is not exhaustive, and the Village Engineer may provide recommendations to the Planning Board.
(g) 
Provision of public artwork: incorporation of publicly accessible artwork, sculpture, monument or other permanent aesthetic structure on a development site or at a designated off-site location as negotiated by the Planning Board.
(h) 
Streambank restoration or stabilization: maximizing and facilitating streambank restoration or stabilization of tributaries of the Hudson River or other local streams.
[4]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(2) 
The Planning Board shall grant a density bonus of 10% for each amenity offered, provided that the Planning Board finds that the amenity is proportional to such density bonus. Notwithstanding the foregoing, such bonus(es) shall not exceed the maximum number of dwelling units specified in Appendix B.[5]
[5]
Editor's Note: Appendix B, Bulk Requirements, is included at the end of this chapter.
(3) 
The bonus permitted under this subsection is a bonus in permissible density only and does not authorize deviation from or enlargement of any bulk or lot coverage restrictions.
(4) 
In awarding a bonus for the amenities listed above, the Planning Board shall:
(a) 
Consider the incentives being proposed by the applicant and the degree to which the proposed amenity is compatible with the goals and objectives for the zoning district and the Village as a whole.
(b) 
Set forth, in detail, the amenities to be provided by the applicant, how those amenities further the purposes of the LWRP, if applicable, and Comprehensive Plan, and, in particular, how they preserve and enhance the unique aesthetic, recreational, environmental and/or historic qualities and features of this district for the benefit and enjoyment of the entire community and otherwise promote the public health, safety and welfare of the community.
(c) 
Set forth, in detail, the relationship between the amenities being provided and the bonus being awarded and shall specify the rationale supporting the proportionality of the amenities to the bonus. The public benefit improvements provided shall be roughly proportional in nature and extent to the bonus granted and their proportionality shall be demonstrated by the applicant and agreed to by the Planning Board. The cost of the improvements need not equal the value of the benefits granted.
(5) 
The provision of public park or public open space pursuant to § 270-24H(1)(b) shall not reduce the lot area for the purposes of determining allowable density.
[Added 7-17-2012 by L.L. No. 5-2012]
A. 
Purpose. It is the purpose of this section to promote the educational, cultural, economic and general welfare of the public through the creation, protection, enhancement, perpetuation and preservation of Historical and Architectural Design Districts and Historic Landmarks. The Board of Trustees of the Village of Ossining, New York, declares that it is a public purpose to ensure that the distinctive and historical character of Historical and Architectural Design Districts and Historic Landmarks shall not be injuriously affected, that the value to the community of buildings having architectural and historical worth shall not be impaired, and that said Historical and Architectural Design Districts and Historic Landmarks shall be maintained and preserved to promote their use for the education, pleasure and welfare of the citizens of the Village of Ossining, New York, and others.
B. 
Historic Preservation Commission.
(1) 
There shall be a Historic Preservation Commission consisting of seven members appointed by the Village Manager of the Village of Ossining.
(a) 
All members shall have a known interest in historic preservation and architectural development within the Village of Ossining.
(b) 
The membership of the Commission shall include:
[1] 
At least one member with practical experience in the field of architecture or urban design;
[2] 
At least one member with practical experience in urban planning, land development or real estate;
[3] 
At least one member who is a resident of a designated Historical and Architectural Design District or of a property that has been designated as a local Historic Landmark; and
[Amended 8-2-2011 by L.L. No. 3-2011]
[4] 
At least one member who has demonstrated significant interest in and commitment to the field of historic preservation or local history, evidenced either by involvement in a historic preservation group or historical society, employment or volunteer activity in the field of historic preservation, or other practical demonstration of interest.
(c) 
It is not necessary to appoint a separate Commission member to fulfill each of the above categories. A single member with the requisite experience or expertise can fulfill more than one of the categories.
(2) 
Members are to be appointed for terms of five years, provided that of those members first taking office, one shall be appointed for one year, one for two years, one for three years, one for four years and one for five years. Members whose terms have expired shall continue to serve as members of the Historic Preservation Commission until the member is reappointed, resigns or a new member is appointed in place of the departing member. A member may be appointed to a maximum of two consecutive terms (10 years). If the member has served for two consecutive terms, that member must be off the Historic Preservation Commission for one year before applying for appointment to the Commission. Commission members shall annually elect one of its members as Chairperson.
[Amended 12-20-2017 by L.L. No. 9-2017]
(3) 
At least four members of the Historic Preservation Commission shall constitute a quorum for the transaction of its business or the performance of its functions, and the concurring vote of three members of the Historic Preservation Commission shall be necessary for the adoption of any recommendations, motions or other acts of the Historic Preservation Commission.
(4) 
All members of the Commission shall be required to attend a minimum of 75% of the Commission's meetings scheduled within a calendar year. Noncompliance with minimum requirements relating to attendance at meetings shall be deemed a proper cause for removal from office by the Board of Trustees.
[Added 12-20-2017 by L.L. No. 9-2017[1]]
[1]
Editor's Note: This local law also renumbered former Subsection B(4) through (9) as Subsection B(10) through (15), respectively.
(5) 
All members of the Commission shall be required to attend a minimum of four hours in relevant courses annually. Noncompliance with minimum requirements relating to training shall be deemed a proper cause for removal from office by the Board of Trustees.
[Added 12-20-2017 by L.L. No. 9-2017]
(6) 
The cost for such training sessions shall be a Village charge. Members shall be reimbursed for travel and meal expenses in accord with Village policy.
[Added 12-20-2017 by L.L. No. 9-2017]
(7) 
Training sessions which relate to the duties of members of the Commission may include programs offered by the New York State Department of State, New York State Department of Environmental Conservation, New York State Historic Preservation Office, Westchester County Planning Department, Westchester Municipal Planning Federation and such other entities as well as in-house updates and seminars. The Village Manager, after discussion with the Director of Planning and Development and the Commission Chairperson, shall annually designate such seminars, workshops, or continuing education courses which may be offered within a reasonable distance and which may be helpful to the Commission members in carrying out their responsibilities in a timely, fair and lawful manner.
[Added 12-20-2017 by L.L. No. 9-2017]
(8) 
The Commission Chairperson shall notify the Village Manager and the Director of Planning and Development in writing on or about December 1 in any year, or at any other time if so warranted, of any member who fails to comply with the minimum requirements for meeting attendance and/or training in any calendar year.
[Added 12-20-2017 by L.L. No. 9-2017]
(9) 
Notwithstanding the foregoing attendance and training requirements, the failure of a Commission member to attend the required percentage of meetings or obtain the required annual training shall not affect the member's ability to hear, deliberate and vote on any applications before the Commission. No decision of the Commission shall be voided or declared invalid due to a member's failure to meet the annual attendance and/or training requirements.
[Added 12-20-2017 by L.L. No. 9-2017]
(10) 
The Historic Preservation Commission shall adopt rules for the transaction of its business which shall provide for the time and frequency of its meetings. They shall hold meetings monthly (unless not needed) and shall provide for the calling of special meetings as needed. All regular or special meetings of the Commission shall be open to the public, and any person or his duly constituted representative shall be entitled to appear and be heard on any matter before the Commission before it reaches its conclusions.
(11) 
The Commission shall submit an annual report of its activities to the Village Board of Trustees.
(12) 
The Commission shall cause to be published checklists and application forms which shall specify the materials required of each application for designation of landmarks or historic districts or for a certificate of appropriateness and the number of copies to be submitted.
(13) 
The Historic Preservation Commission may request the Village Board of Trustees to retain or employ professional consultants, or other such personnel as may be necessary to perform its functions, subject to budgetary appropriation by the Village Board.
(14) 
The duties of the Historic Preservation Commission shall be as follows:
(a) 
To hear applications for and recommend the designation of landmarks and historic districts to the Board of Trustees in accordance with the procedures set forth herein;
(b) 
To hear and approve or disapprove applications for certificates of appropriateness pursuant to the criteria set forth herein;
(c) 
To determine whether an application submitted to it pursuant to this section is complete and to hear and decide requests for waivers of required application items; and
(d) 
To hear applications for and recommend to the Board of Trustees the donation of facade easements.
(15) 
The Historic Preservation Commission shall have the following additional powers which it may exercise as it deems appropriate or at the request of the Board of Trustees, Board of Architectural Review or Planning Board.
(a) 
To develop a plan for the protection, preservation and enhancement of places and features of architectural or historical significance;
(b) 
To designate identified structures or resources as landmarks or historic districts;
(c) 
To conduct surveys of buildings for the purpose of determining those of historical, architectural and cultural landmarks and historic districts within the Village;
(d) 
To formulate recommendations concerning the preparation of maps, brochures and historical markers for selected historical and/or architectural sites and landmarks;
(e) 
To cooperate with and advise municipal agencies and officials in matters involving historical and/or architectural sites and landmarks pursuant to, but not limited to, Subsection C of this section;
(f) 
To develop and participate in public education programs to increase public awareness of the value of historic, cultural and architectural preservation;
(g) 
To advise owners of historical buildings on issues of restoration and preservation;
(h) 
To advise the Village Board of Trustees with respect to the utilization of state, federal or private funds to promote the preservation of landmarks and historic districts within the Village;
(i) 
To advise the Village Board of Trustees with respect to the acquisition of a landmark structure where its preservation is essential to the purposes of this section and where private preservation is not feasible; and
(j) 
To advise the Village Board of Trustees concerning the acquisition of facade easements or other interests in real property, as necessary, to carry out the purposes of this section.
C. 
Designation of Historic Landmark or Historic Architectural Design District.
[Amended 8-2-2011 by L.L. No. 3-2011]
(1) 
Application procedure.
(a) 
Application for designation shall be made, in writing, to the Historic Preservation Commission or by the Historic Preservation Commission and shall include a brief outline of the location of the district or landmark and the reasons why it should be considered, as well as all items required by the application checklist and forms published by the Commission. For an historic district, a description of the general character of the area is also required.
(b) 
The Historic Preservation Commission shall, within 90 calendar days of a complete application, prepare a report giving an opinion on the application, hold a public hearing on the application and issue a recommendation on the application to the Board of Trustees. Notice of the hearing shall appear at least seven days in advance of the hearing in the local newspaper. At the public hearing, a formal presentation may be made by the applicants. Documentation and evidence shall be entered regarding the historical and architectural quality of the proposed landmark or district, and statements may be made by interested parties relating to the merits of such designation. The record may also contain staff reports, public comments or other evidence offered outside of the hearing, provided such reports, comments and evidence are introduced and marked at the hearing.
(c) 
An application shall be provided to the Planning Board and Board of Trustees, in such number of copies as may be required by the Planning Board Secretary and Village Clerk, at the time of submission to the Historic Preservation Commission.
(d) 
The Planning Board may review and make recommendations to the Commission on the application at or prior to the public hearing.
(e) 
Following a positive recommendation of the designation by the Historic Preservation Commission, the Board of Trustees shall take up the application. The Board shall hold a public hearing on the application, with notice given at least seven days in advance of the hearing in the local newspaper. The Board of Trustees shall give notice of such public hearing to the owners of the parcels being considered for designation, including all parcels situated within a proposed historical district, at least 14 days before the public hearing by either personal delivery or certified mail, return receipt requested. At the hearing, the Board of Trustees shall consider the report and recommendation of the Historic Preservation Commission and the evidence that was entered into the record at the hearing held by the Commission. New evidence may also be entered into the record at the Board of Trustees' hearing by the Board, the Commission or any interested party. Following the close of the Board of Trustees' hearing, the Board shall render a final decision using the criteria set forth in § 270-25C(5)(a).
(f) 
The Board of Trustees' decision may be appealed to the New York State Supreme Court for review by a proceeding under Article 78 of the New York State Civil Practice Law and Rules.
(2) 
Upon entertaining an application for designation, notice that such application is being considered shall be given by the Historic Preservation Commission at least 30 days before the public hearing by either personal delivery or certified mail, return receipt requested, to the owners of the parcels being considered for designation, including all parcels situated within a proposed historical district, and to the Building Department.
(3) 
Upon receipt of notice that the Historic Preservation Commission is considering an area for designation as an historic district or a building or property for landmark status, the Building Department shall not issue any permit for the demolition, alteration or improvement of properties within the stated boundaries of said proposed district or historic landmark until and unless final determination has been made that said proposed district or landmark has been denied designation.
(4) 
Upon designation as a Historical and Architectural Design District or Historic Landmark, no building permit shall be issued except pursuant to Subsections E and F of this section.
(5) 
Determination of appropriateness of designation of landmark or historic district.
(a) 
In determining the appropriateness of designation of a Historical and Architectural Design District or Historic Landmark, the following criteria shall be followed in addition to any other factors which the Commission or Board of Trustees might consider pertinent under the individual circumstances:
[1] 
Historical and Architectural Design District (HADD). An area of the Village which contains properties which meet one or more of the criteria for designation as a landmark and, by reason of possessing such qualities, constitutes a distinct section of the Village. The boundaries of each HADD designated henceforth shall be specified, in detail, and shall be filed, in writing, in the Village Clerk's office for public inspection.
[2] 
Historic Landmark. A building, structure or parcel of land not located in a designated HADD, which possesses one or more of the following characteristics:
[a] 
Possesses special character or historic or aesthetic interest or value as part of the cultural, political, economic or social history of the locality, region, state or nation; or
[b] 
Is identified with historic personages; or
[c] 
In the case of structures, embodying distinctive characteristics of a type, period or method of construction or representing the work of a master or possessing unique architectural and artistic qualities or representing a significant and distinguishable entity; or
[d] 
Which has been duly included on the National Register of Historic Places, maintained by the United States Secretary of the Interior, or which has been duly included on the New York State Historic and Natural Districts Inventory or New York State Archaeological Site Inventory, maintained by the New York State Office of Parks, Recreation and Historic Preservation; or
[e] 
Because of unique location or singular physical characteristic, represents an established and familiar visual feature of the neighborhood.
D. 
Donation of facade easements.
(1) 
Application procedure.
(a) 
Application for donation of facade easements shall be made, in writing, to the Historic Preservation Commission by the property owner and shall include a brief outline of the location of the facade and the reasons why it should be considered, as well as all items required by the application checklist and forms published by the Commission.
(b) 
The Historic Preservation Commission shall, within 90 calendar days of a complete application, prepare a report giving an opinion on the application, hold a public hearing on the application and issue a recommendation on the application to the Board of Trustees. Notice of the hearing shall appear at least seven days in advance of the hearing in the Village's official newspaper. At the public hearing, a formal presentation may be made by the applicants. Documentation and evidence shall be entered regarding the historical and architectural quality of the proposed landmark or district, and statements may be made by interested parties relating to the merits of such designation. The record may also contain staff reports, public comments or other evidence offered outside of the hearing, provided such reports, comments and evidence are introduced and marked at the hearing.
(c) 
Following a positive recommendation of the designation by the Historic Preservation Commission, the Board of Trustees shall take up the application. The Board shall hold a public hearing on the application, with notice given at least seven days in advance of the hearing in the Village's official newspaper. At the hearing, the Board of Trustees shall consider the report and recommendation of the Historic Preservation Commission and the evidence that was entered into the record at the hearing held by the Commission. New evidence may also be entered into the record at the Board of Trustees' hearing by the Board, the Commission or any interested party. Following the close of the Board of Trustees' hearing, the Board shall render a final decision.
(d) 
If the Board of Trustees denies the application, the decision may be appealed to the New York State Supreme Court for review by a proceeding under Article 78 of the New York State Civil Practice Law and Rules.
(2) 
Upon receipt of notice that the Historic Preservation Commission is considering a facade easement, the Building Department shall not issue any permit for the demolition, alteration or improvement of the facade until and unless final determination has been made that said proposed district has been denied designation.
(3) 
Upon acceptance of the facade easement, no building permit shall be issued except pursuant to Subsections E and F of this section.
(4) 
Determination of appropriateness of designation. In determining the appropriateness of designation of a facade easement, the following criteria shall be followed, in addition to any other factors which the Commission might consider pertinent under the individual circumstances: The building is in a designated Historical and Architectural Design District or is a designated Historic Landmark.
E. 
Regulated conduct for alteration, demolition or new construction affecting landmarks or historic districts. Application. This section shall apply to all buildings, structures, outbuildings, walls, fences, steps, topographical features, earthworks, paving and signs within a district or on a landmark property and to buildings covered by facade easement agreements. No changes in any feature, including, but not limited to, construction, reconstruction, alteration or removal and demolition, shall be made nor shall a building permit be issued for such proposed work until a certificate of appropriateness has been issued by the Historic Preservation Commission except as hereinafter provided in Subsection K(1).
F. 
Procedure for alteration, demolition or new construction affecting Historic Landmarks or Historic Architectural Design Districts.
[Amended 8-2-2011 by L.L. No. 3-2011]
(1) 
The Historic Preservation Commission shall classify all buildings within a district so as to differentiate between those structures that contribute to the district's historical and architectural value and those that do not. An historic properties survey shall be conducted at an interval of no more than every 20 years to ensure that the Commission's records are current.
(2) 
The Historic Preservation Commission shall develop a listing of changes that may be commenced on buildings or sites classified as landmarks or historic districts. Such changes shall be such that the Commission feels they will not substantially cause to deteriorate or lower the overall architectural and historical ambience and character of the district. This listing of changes shall guide property owners and tenants in the district and the Historic Preservation Commission in determining whether or not a proposed exterior change will significantly affect the character of the Historical and Architectural Design District.
(3) 
The Historic Preservation Commission may grant certificates of appropriateness for proposed changes not appearing on the listing of changes if they determine that the proposed changes will not be detrimental to the district or to the landmark. The Historic Preservation Commission shall hold a public meeting on the application, with notice given at least seven days in advance of the hearing in the Village's official newspaper. The Historic Preservation Commission may provide rules for participants wishing to speak in favor or against an application to follow at public meetings. The Commission shall act upon a properly completed application form within 60 days of the monthly submission deadline. Failure of the Commission to take action within the prescribed period of time shall constitute approval.
(a) 
The following criteria will be used when granting a certificate of appropriateness:
[1] 
Properties contributing to the historic character of the district shall be retained, with minimal alteration to their features;
[2] 
Alteration of existing properties shall maintain compatibility with their historic character and that of the surrounding district; and
[3] 
New construction shall be compatible with the overall architectural and historic character of the district.
(b) 
To determine compatibility with existing historic and architectural character, the following factors shall be considered:
[1] 
The proposed new construction or alteration's general design, appropriateness and character in relation to the property itself, surrounding properties and the neighborhood;
[2] 
The scale of the proposed new construction or alteration in relation to the property itself, surrounding properties and the neighborhood;
[3] 
Materials, color and texture and their relation to similar features of other neighborhood properties;
[4] 
Visual compatibility with existing neighborhood properties, including the proportions of the property's front facade, arrangement and proportion of windows and other openings within the facade, roof shape and the rhythm of spacing of properties on the street, including setback; and
[5] 
The importance of historic, architectural or other related features to the significance of the property.
(4) 
Notwithstanding any inconsistent ordinance, local law, code, rule or regulation concerning the issuance of building permits, no change in any exterior design or in a district, landmark or building covered by a facade easement agreement shall be commenced without a certificate of appropriateness from the Historic Preservation Commission nor shall any building permit for such change be issued without such a certificate of appropriateness having first been issued. The certificate of appropriateness required by this section shall be in addition to and not in lieu of any building permit that may be required by any law, local law, code, rule or regulation of the Village of Ossining.
(5) 
Application for a certificate of appropriateness shall be made, in writing, upon forms prescribed by the Historic Preservation Commission and shall be accompanied by the required fee as set forth in the fee schedule of the Village Board[2] and shall contain the following:
(a) 
Name, address and telephone number of the applicant;
(b) 
Location of buildings, structures or land;
(c) 
The exterior architectural features which are proposed to be changed;
(d) 
Building elevations that include the proposed change;
(e) 
Samples of colors or materials to be used in the proposed change;
(f) 
Where the proposed change includes signs or lettering, a scale drawing showing the type of lettering, all dimensions and colors, a description of materials to be used and the method of illumination, if any, and a plan showing the location on the building or property; and
(g) 
Such other information as may be from time to time required.
[2]
Editor's Note: The Schedule of Fees is on file in the Village offices.
(6) 
If an applicant requires Board of Architectural Review approval as well, application for a certificate of appropriateness shall be made simultaneously with the filing of an application with the Board of Architectural Review.
(7) 
Application for certificates of appropriateness for nonstructural changes to buildings shall be exempt from providing elevations or perspective drawings.
(8) 
New construction shall be sympathetic with and not disruptive of architectural styles or historic value in an historic district and shall generally conform to the United States Secretary of the Interior's Standards for Rehabilitation.
G. 
Issuance of certificate of appropriateness. Within 30 days after an application is heard before the Historic Preservation Commission and is deemed complete or within such further time as the applicant may allow, the Historic Preservation Commission shall determine whether the proposed construction, reconstruction or alteration of the exterior architectural feature involved will be appropriate to the preservation of the district or landmark for the purposes of this section. In passing upon appropriateness, the Historic Preservation Commission shall consider, in addition to any other pertinent factors, the historical and architectural value and significance, architectural style, general design, arrangement, texture, material and color of the exterior architectural feature involved and the relationship thereof to the exterior architectural features of other structures in the immediate neighborhood and the Secretary of the Interior's standards for rehabilitation. Failure of the Historic Preservation Commission to take action within the prescribed period of time shall constitute approval.
H. 
Hardship.
(1) 
In such cases where it can be demonstrated that denial of a certificate of appropriateness for construction, reconstruction or alteration of an exterior architectural feature will involve a substantial hardship to the applicant, such a certificate may be issued if it can also be shown that though inappropriate to the structure involved, said proposed action will not adversely affect the district generally. Such a certificate may be issued without substantial detriment to the public welfare and without substantial deviation from the intent and purposes of this section. The applicant may apply for appropriate relief from the requirements of this article or conditions imposed by the Commission. In order to prove the existence of hardship, an applicant shall establish that whether for income-producing purposes or for private use, it is either unable to make any economically viable use of the property or that the property's value is reduced to the extent that only a bare residue of the value remains.
(2) 
An applicant may seek relief from the Commission for the denial of a certificate of appropriateness for a proposed demolition if substantial hardship can be proven in accordance with the provisions of this section. In order to prove the existence of hardship, an applicant whose certificate of appropriateness for a proposed demolition has been denied shall establish that:
(a) 
The property is incapable of earning a reasonable return, regardless of whether that return represents the most profitable return possible;
(b) 
The property cannot be adapted for any other use, whether by the current owner or by a purchaser, which would result in a reasonable return; and
(c) 
Efforts to find a purchaser interested in acquiring the property and preserving it have failed.
(3) 
A hardship applicant whose primary purpose or mission is philanthropic, eleemosynary, religious or charitable and whose certificate of appropriateness was proposed in furtherance of philanthropic, eleemosynary, religious or charitable purposes shall establish that the Commission's action seriously interferes with the applicant's ability to continue the current use of the property and seriously interferes with the applicant's philanthropic, eleemosynary, religious and charitable purposes.
(4) 
The Commission may solicit expert testimony or require that the applicant make submissions concerning any or all of the following information before it makes a determination on the application for relief:
(a) 
An estimate of the cost of the proposed construction, alteration, demolition or removal and an estimate of any additional cost that would be incurred to comply with the decision of the Commission.
(b) 
A report from a licensed engineer or architect with demonstrated qualifications and experience in rehabilitation as to the structural soundness of any structures on the property and their suitability for rehabilitation.
(c) 
The estimated market value as determined by a qualified appraiser of the property:
[1] 
In its current condition;
[2] 
After completion of the proposed construction, alteration, demolition or removal;
[3] 
After any changes recommended by the Commission; and
[4] 
In the case of a proposed demolition, after renovation of the existing property for continued use.
(d) 
In the case of a proposed demolition, an estimate from an architect, developer, real estate consultant, appraiser or other real estate professional experienced in rehabilitation regarding the economic feasibility of rehabilitation or reuse of the existing structure on the property.
(e) 
The amount paid for the property, the date of purchase and the party from whom purchased, including a description of the relationship, if any, between the owner of record or applicant and the person from whom the property was purchased, and any terms of financing between the seller and buyer.
(f) 
If the property is income producing, the annual gross income from the property for the previous two years; itemized operating and maintenance expenses for the previous two years; and depreciation and annual cash flow before and after debt service, if any, during the same period.
(g) 
The remaining balance on any mortgage or other financing secured by the property and annual debt service, if any, for the previous two years.
(h) 
All appraisals obtained within the previous two years by the owner or applicant in connection with purchase, financing or ownership of the property.
(i) 
Any listing of the property for sale or rent, the price asked and offers received, if any, within the previous two years.
(j) 
The assessed value of the property according to the two most recent assessments.
(k) 
Real estate taxes for the previous two years.
(l) 
The form of ownership or operation of the property, whether sole proprietorship, for-profit or not-for-profit corporation, limited partnership, joint venture or other.
(m) 
Any other information deemed necessary by the Commission to make a determination of economic hardship.
I. 
Appeals. Any person aggrieved by a decision of the Historic Preservation Commission relating to a hardship or a certificate of appropriateness may, within 30 days of the decision, file a written application with the Zoning Board of Appeals for review of the decision. Reviews shall be conducted based on the same record that was before the Commission and using the same criteria.
J. 
Enforcement shall be pursuant to this chapter.
K. 
Maintenance and repair required.
(1) 
Nothing in this section shall be construed to prevent the ordinary maintenance and repair of any exterior architectural feature of a landmark or property within and contributing to an historic district which does not involve a change in design, material, color or outward appearance. Nothing in this section shall be construed to prevent the construction, reconstruction, alteration or demolition or issuance of a building permit of any exterior architectural feature which the Building Inspector shall determine is required by public safety because of dangerous or unsafe conditions.
(2) 
No owner or person with an interest in real property designated as a landmark or a contributing building within an historic district shall permit the property to fall into a serious state of disrepair so as to result in the deterioration of any exterior architectural feature which would, in the judgment of the Historic Preservation Commission, produce a detrimental effect upon the character of the historic district as a whole or the life and character of the property itself. Examples of such deterioration include:
(a) 
Deterioration of exterior walls or other vertical supports;
(b) 
Deterioration of roofs or other horizontal members;
(c) 
Deterioration of exterior chimneys;
(d) 
Deterioration or crumbling of exterior stucco or mortar;
(e) 
Ineffective waterproofing of exterior walls, roofs or foundations, including broken windows or doors;
(f) 
Deterioration of any feature so as to create a hazardous condition which could lead to the claim that demolition is necessary for the public safety; and
(g) 
Demolition by intent or neglect.