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Ossining Village City Zoning Code

ARTICLE II

Definitions; Use Groups

§ 270-3 Word usage.

Words used in the present tense include the future; the singular number includes the plural and the plural the singular; the word "person" includes a corporation as well as an individual; the word "lot" includes the word "plot." The term "occupied" or "used" as applied to any building shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used."

§ 270-4 Definitions; use group classifications.

[Amended 1-19-2010 by L.L. No. 1-2010; 8-2-2011 by L.L. No. 3-2011; 1-20-2016 by L.L. No. 1-2016; 4-6-2016 by L.L. No. 3-2016; 1-17-2018 by L.L. No. 1-2018; 11-15-2023 by L.L. No. 11-2023; 9-18-2024 by L.L. No. 15-2024]
Unless otherwise expressly stated, the following terms shall, for the purpose of this chapter, have the meanings herein indicated.
A structure that: i) is subordinate to and serves a principal building or principal use; ii) is subordinate in area, extent and purpose to the principal structure or principal use served; iii) contributes to the comfort, convenience and/or necessity of the principal use; and iv) is located on the same lot as the principal structure or principal use served.
A land use that is subordinate in use, area or purpose to a primary land use on the same lot or the same premises. Accessory uses may have separate use-specific standards or may be defined as incidental to a primary use. See also, definition for "primary use."
An area containing 43,560 square feet.
A private frontage requiring a minimum glazing area and a minimum average frequency of doorways to promote visibility and activity along certain lot frontage types.
Allows for minor modifications or deviations from the dimensional or numeric standards of the Village of Ossining Zoning Code and to provide greater flexibility without requiring a variance.
For the definition of "adult entertainment use," see Chapter 60, Adult Entertainment.
To change, enlarge or rearrange the structural parts of an existing building or structure or to move a building from one location or position to another.
Animal-related uses, such as pet stores and grooming services, that occupy less than 5,000 square feet of floor area, have no outdoor facilities, and that provide same-day services or treatment only for domestic animals such as dogs, cats, fish, birds and small animals.
Animal-related uses that provide outdoor facilities, overnight boarding, or services and/or treatments for larger animals, such as animal shelters, kennels, stables, veterinary clinics and pet stores occupying more than 5,000 square feet of floor area.
The person or entity that is submitting an application for development, or the successor to the same.
The authorization by the Zoning Board of Appeals for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations.
An architectural demarcation consisting of an element such as a cornice line or entablature; a course of brick, stone or other material which projects or is differently colored or differently laid; or a change from an opaque surface to a void.
A workplace used for the production of art, sculpture, crafted products or similar items on a small-scale basis that requires hand tools. A gallery or showroom used for the display and sale of the artisan-crafted products may be included.
A workplace used for the production and sale of crafted products that requires machines or more intensive equipment or materials to craft the end product. Such uses are wholly confined within an enclosed building. Examples include woodworking, metalworking, glassmaking, textile, fiber-based or other knitted, loomed or woven crafts, farm or craft brewery or craft distillery, small-batch confectionary-making or frozen dessert-making (gelato, ice cream) or similar type of artisanal products. A gallery, showroom, or parlor used for display, sampling and sale of the crafted products may be included.
A licensed establishment having as its primary or predominant use the serving of beer, wine, or liquor for consumption on the premises or for take-out or delivery service for off-site consumption, but that does not meet the definition of Tap Room or Tasting Room.
Any zoning district which is mapped in an area subject to the provisions of an overlay district.
A portion of a building partly underground but having less than one-half of its clear height below the grade plane and a clearance of six feet or greater. For purposes of administering the floodplain regulations contained in Chapter 141, Flood Damage Prevention, a basement is defined in § 141-12B.
An owner-occupied residence used to provide lodging accommodations and a morning meal to visitors for compensation, provided that the owner lives on premises and with no more than nine guest rooms that are rented for temporary sleeping accommodations at market rates with a maximum length of stay of 14 consecutive nights. Some or all of the guest rooms may be in accessory buildings. Provision of alcoholic beverages is controlled by state statute.
Any sign which directs attention to a business, commodity, service, entertainment or attraction sold, offered or existing elsewhere than upon the same lot where such sign is displayed, or only incidentally upon such lot, including motor vehicles with signs attached thereto and parked in such a way as to serve as billboards, whether on the same lot as the business or not. Exceptions are temporary signs, way-finding signs and signs associated with electric vehicle charging stations.
A building arranged or used for lodging for compensation, with or without meals, and not occupied as a dwelling unit.
The governing board of the Village.
An open space or landscaped area consisting of trees, shrubs, berms, walls, solid fencing or a combination of all, so installed to visibly and physically separate one use from another or to shield or block noise, lights or other nuisances. The buffer shall not be used or otherwise encroached upon by any parking, paving or aboveground structure on the lot so as to provide for adequate separation and protection from otherwise inharmonious or incompatible uses. A buffer requirement is in addition to all yard and setback requirements and is measured at right angles to and inward from the yard line.
A line defining the portion of the build-to zone closest to a street or civic space which is typically parallel to the street right-of-way.
The area of a lot facing a public frontage where a portion of the front building façade is required to be located, between the build-to line and a line parallel to the build-to line.
An independent, fully enclosed structure with a roof supported by columns or walls resting on its own foundations that is built and maintained for the support, shelter, or enclosure of persons, animals, or property of any kind.
The maximum horizontal cross section of a building, including porches, balconies and raised platforms, but excluding cornices, roof overhangs, gutters or chimneys projecting not more than three feet, and steps and terraces not more than three feet above the average adjacent ground elevation.
The official designated by the municipality to enforce building, zoning and similar laws or his/her designee. Any reference to "Building Inspector" shall include, where applicable, Assistant Building Inspector, Code Enforcement Officers and Director of Code Enforcement.
The three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, coverage and yard setbacks.
A portion of a building having more than one-half of its interior height below the grade plane and a clearance of less than six feet.
Issued by the Historic Preservation Commission relating to the proposed construction, reconstruction or alteration of the exterior architectural features of a property locally landmarked or a property in one of the Historic Architectural Design Districts.
Official certification that the use of a building conforms to this chapter and to any additional applicable rules and regulations.
Official certification that a building or structure conforms to this chapter and to any additional applicable rules and regulations and may be occupied.
An area of open space accessible to the public, immediately adjacent and contiguous with a public frontage in the form of a square, green or courtyard.
A use that provides meeting space and facilities for the activities of private, nonprofit associations or religious institutions including the members and participants in the activities of such association or institution, and their guests, including members of the public invited by such association or institution to attend such activities. Examples include nonprofit meeting halls and activity space, clubs, associations or nonresidential fraternal organizations, such as the Masons, Eagles, Moose and Elks Lodges and the Lions and American Legion clubs, and community centers for homeowner' associations or neighborhoods. Such a use typically restricts access to the general public without specific invitation. The organization usually owns, leases or holds property in common for the benefit of its members and invited guests.
The adopted official statement of a legislative body of a local government that sets forth (in words, maps, illustrations, and/or tables) goals, policies, and guidelines intended to direct the present and future physical, social, and economic development that occurs within its planning jurisdiction and that includes a unified physical design for the public and private development of land and water adopted in accordance with New York Village Law § 7-722.
The unenclosed portion of the ground of a lot which is not devoted to driveways or parking spaces, which is free of structures of any kind, of which not more than 25% is roofed for shelter purposes only, and which is available and accessible to all occupants of the building or buildings on said lot for purposes of active or passive outdoor recreation.
A land use that is allowable in a particular zoning district subject to conditional approval by the Planning Board based upon a review of the potential adverse impacts of the use and any appropriate mitigation measures to minimize those impacts on nearby properties.
That percentage of the land area covered by the combined building area of all buildings, excluding any building or structure located completely below ground.
That percentage of the land area covered by impervious surfaces.
Indoor facilities such as greenhouses or hot houses, where the primary function and activities are the production, preparation, and sale of crops, as a commercial enterprise. The production of compost, soil or other biomass products which are not crops is not an agricultural use but is allowed solely where it is accessory to and a product of the operation of the indoor cultivation use. Processing, warehousing, distribution and marketing, if conducted at the same site or campus, shall be treated as additional principal uses.
The established elevation of the street grade at the point that is opposite the center of the wall nearest to and facing the street line.
A nonresidential facility that provides care or supervision for children for less than 24 hours per day for a fee. Day-care uses also include organized programs of short-term supportive day-care in a group environment for adults who need supervision, assistance or both. Services may include, but are not limited to, nursing and rehabilitative services, personal care, transportation services and social or recreational activities.
The number of dwelling units per acre of land, usually expressed as dwelling units per acre.
A parcel or plot of land that is occupied by a principal building.
Any portion of the territory of the Village within which certain uniform regulations and requirements of various combinations thereof apply under the provisions of this chapter.
A building used as group living quarters for a student body or religious order as an accessory use to a college, university, boarding school, convent, monastery, or similar institutional use.
A development of land that conforms to § 270-15.1 and is located within the Downtown Overlay District or Croton Avenue Overlay District zones.
A means of access for vehicles to or from a property to a roadway.
A building or portion of a building located on a single lot, containing three or more dwelling units.
A single-family dwelling unit that is in a single structure with other single-family dwelling units. Each dwelling units must:
Be separated from the other dwelling units by a fire-rated vertical common party wall running from the foundation to the roof of the building; and
Have its own individual entry to an outdoor sidewalk or walkway without the need to pass through a lobby or shared use area of the structure.
This definition includes dwellings commonly referred to as rowhouses, "side-by-side" townhouses. Each dwelling unit must be on its own individual lot.
A residential building used for one dwelling unit on a single lot that is not attached to any other dwelling unit through shared side or rear walls, floors or ceilings, or corner points.
A residential building containing two dwelling units on a single lot. Each dwelling unit in a two-family dwelling is completely separated from the other by an unpierced wall dividing the two units side-by-side or back-to-front or by an unpierced ceiling and floor extending from exterior wall to exterior wall (over/under) except for a stairwell exterior to one of the dwelling units.
A residential building or portion of a building that is arranged, designed, used or intended for residential occupancy with provisions for living, sleeping, eating, cooking and sanitation. All rooms in a unit must have an internal structural connection such as internal doorways or internal stairs. The term "dwelling unit" does not include a unit in a continuing care facility, hotel, motel, residence hall, hospital or other accommodation used for more or less transient occupancy.
Indoor commercial facilities that may require large areas to accommodate equipment or facilities and that are used primarily for physical exercise, recreation or cultural activities. Examples include physical fitness centers; health clubs; gyms; bowling alleys; indoor skating rinks; billiard halls; amusement arcades; indoor play parks; indoor theaters; performing arts centers; music halls; and museums.
Outdoor, land-intensive uses that provide continuous recreation or entertainment-oriented commercial activities and that may take place in a number of structures arranged together, such as commercially operated tennis and swimming facilities; golf driving ranges; outdoor miniature golf facilities; and active sports facilities such as batting cages.
The architectural style and general arrangement of such of the exterior of a structure as is designed to be opened to view from a public way, including kind, color and texture of building materials, type of all windows, doors, lights, signs and other fixtures appurtenant to such portion.
One side of the exterior of a building.
One of the following:
One, two or three persons occupying a dwelling unit; or
Four or more persons occupying a dwelling unit and living together as a common household or the functional equivalent of a common household.
It shall be presumptive evidence that four or more persons living in a single dwelling unit who are not related by blood, marriage or legal adoption do not constitute the functional equivalent of a common household.
In determining whether individuals are living together as the functional equivalent of a common household, the following criteria must be present:
The group is one which in theory, size, appearance, structure and function resembles a common household
The occupants must share the entire dwelling unit and live and cook together as a single housekeeping unit. A unit in which the various occupants act as separate roomers may not be deemed to be occupied by the functional equivalent of a common household.
The group shares expenses for food, rent or ownership costs, utilities and other household expenses.
The group is permanent and stable. Evidence of such permanence and stability may include:
The presence of minor dependent children regularly residing in the household who are enrolled in local schools;
Members of the household have the same address for purposes of voter registration, drivers' licenses, motor vehicle registration and filing of taxes;
Members of the household are employed in the area;
The household has been living together as a unit for a year or more whether in the current dwelling unit or other dwelling units;
There is common ownership of furniture and appliances among the members of the household; and
The group is not transient or temporary.
Any other factor reasonably related to whether or not the group is the functional equivalent of a common household.
Any partition or gate erected as a dividing marker, barrier or enclosure and located along the boundary or within the lot area consisting of posts or stakes joined together by materials such as but not limited to boards, rails, netting or mesh. No fence in any residential district shall include barbed or chicken wire.
The vertical distance measured from the sidewalk closest to the principal entrance of a building to the first floor above grade.
A lot that contains two distinct parts:
The flag, which is the only building site and is located behind another lot; and
The pole, which connects the flag to the street and provides the only street frontage for the lot and at any point is less than the minimum lot width for the zone.
The total usable space available within the perimeter walls on all floors of a building including interior corridors, stairs, elevators, passageways, and finished basements serving the primary function of the building. Unfinished basements and attics, unheated porches and breezeways, garages, and maintenance shops are excluded from living area calculations. Heated basement or attic areas are considered finished if all the walls, ceilings, and floors are finished. Walls and ceilings shall be deemed finished only if covered with plaster, wallboard or similar material. Floors shall be deemed finished only if covered with carpeting, tile, linoleum, or similar material. In rooms with sloped ceilings (e.g., finished attics) living area is considered that portion of the room with a ceiling height of at least six feet if at least one-half of the finished area of the room has a ceiling height of at least eight feet.
The horizontal distance measured along the full length of a street line abutting the lot.
A defined area within site frontage that must be occupied by a building façade for a specified minimum height and built within the build-to zone.
The portion of a lot facing the street type with the highest volume of vehicular traffic.
The area within a lot between the build-to line and a line parallel to it that is 20 feet behind the build-to line.
The area located between the face of the curb and the build-to line as defined by the regulating plan and corresponding street type of civic space designations. The public frontage is comprised of sidewalk zones termed landscape and furnishing zone, pedestrian throughway zone and frontage transition zone.
The portion of the public frontage between the build-to line and the pedestrian throughway allowing for building fixtures (e.g., lighting, signage, projected architectural moldings), moveable planters, moveable furnishings and displays and signage boards.
A designated set of standards controlling the placement of buildings along a public frontage as defined by the street frontage type.
A set of standards, designated on the regulating plan, defining a range of permitted lot frontage types for those portions of a lot facing a public frontage.
A building or structure used by a professional licensed mortician for cremation, burial preparation and/or other funeral services.
An accessory building for the private use of the owner or occupant of a principal building located on the same lot that is for the storage of motor vehicles or other storage with no facilities for mechanical services or repair of a commercial or public nature.
Establishments providing executive, management, administrative, professional services, consulting, recordkeeping, or headquarters of an enterprise or organization but excluding any use included in retail and service uses. Such establishments include offices for lawyers, accountants, engineers, architects and real estate agents; financial services, such as mortgage lenders, brokerage houses, financial consultants, administrative and banking facilities; data processing; government offices; public utility offices; social service or other professional agency or nonprofit offices; television and radio studios; and business offices.
The finished ground level adjoining the building or structure at all exterior walls. Definition includes "grading."
A reference plane representing the average of finished ground level adjoining the building at exterior walls. Where the finished ground level slopes away from the exterior walls, the reference plane shall be established by the lowest points within the area between the building and the lot line or, where the lot line is more than six feet from the building, between the building and a point six feet from the building.
A fully enclosed structure that houses plants and other vegetation for the sole purpose of growing vegetation but not for commercial purposes.
The total area of all habitable space in a building or structure.
The lowest floor of a building having its entire floor to ceiling height above grade.
A room or enclosed floor space arranged for living, eating and sleeping purposes (not including bathrooms, water closet compartment, laundries, pantries, foyers, hallways and other accessory floor spaces). Minimum height shall be six feet seven inches measured from the finished floor to finished ceiling. Rooms with sloping ceiling shall have a minimum of 50% of the floor area at a height of seven feet six inches, finished floor to ceiling.
The vertical distance measured from the grade plane to the average height of the highest point of the building or structure, excluding the chimney and rooftop appurtenances such as antennas, elevator penthouses, water towers or mechanical equipment.
Any nonresidential use conducted wholly or in part in a dwelling unit or accessory structure thereto by the owner of same, which clearly is incidental to the use of the dwelling for living purposes and does not change the residential character of the dwelling unit or vicinity or have any exterior evidence of such secondary use.
Any nonresidential use that is incidental and clearly subordinate to an existing residential use, conducted within a dwelling unit or in an existing accessory structure by the owner of same, which does not change the residential character of the dwelling unit or vicinity and where no nonresident employees, customers or clients enter the premises. This includes remote working situations.
An institution that specializes in giving clinical, temporary and emergency services of a medical or surgical nature to human patients and injured persons licensed by state law to provide such services. Hospitals may include inpatient medical or surgical care for the sick and injured and related facilities such as laboratories, outpatient departments, training facilities, central service facilities, and staff offices that are an integral part of the facilities.
A facility offering 10 or more rooms for lodging accommodations for compensation to the general public and which also may provide additional services, such as meeting rooms, entertainment and recreational facilities, all for the use of customers residing at the facility and their guests, and wherein all rooms are connected to interior hallways and thereby to interior elevators, lobbies and/or stairways, through which access to the exterior is gained. Motels and motor courts are not included in this definition and are prohibited in all zoning districts.
Those surfaces, improvements and structures that cannot effectively infiltrate snow melt and stormwater into the ground, including but not limited to: parking areas, driveways, streets, sidewalks, areas of concrete, asphalt, gravel or other compacted aggregate, swimming pools, and areas covered by the outdoor storage of goods or materials which do not absorb water.
The storage, but not for sale, of goods and/or materials inside of a fully enclosed structure that is incidental but clearly related to the principal use of the site such as office- or retail-related uses.
Public or private buildings, structures and lands that provide infrastructure and/or utility services located in or near the neighborhood or use where the service is provided, such as water and sewer pump stations, stormwater retention and detention facilities, telephone exchanges, and surface transportation stops such as bus stops and park-and-ride facilities.
Public or private buildings, structures and lands that provide regional or community-wide infrastructure and/or utility services that normally entail the construction of new buildings or structures such as water towers, waste treatment plants, potable water treatment plants, solid waste facilities and electrical substations.
Colleges, universities and professional schools that grant academic degrees and require at least a high school diploma or equivalent general academic training for admission. Junior colleges and technical institutes requiring at least a high school diploma or equivalent general academic training for admission granting associate academic degrees, certificates or diplomas. These uses tend to be in campus-like settings or on multiple blocks.
The area of sidewalk between the curb and sidewalk throughway designated as the primary location for street trees, street furniture and light standards.
Facilities for the transformation of predominantly previously prepared materials into new products, including assembly of component parts and the creation of products for sale to the wholesale or retail markets or directly to consumers. Such uses are wholly confined within an enclosed building. Examples may include, but are not limited to: production and repair of small machines or electronic parts and equipment; publishing and lithography; computer design and development; research, development, testing facilities and laboratories; apparel production; sign making; and manufacturing of jewelry, clothing, trimming decorations and any similar item.
A building designed to screen the view of a parking lot or parking structure from a build-to zone, street or civic space.
The Local Waterfront Revitalization Plan, as adopted by the Village Board of Trustees and amended from time to time.
Establishments primarily engaged in providing lodging units or rooms for transient stays of fewer than 30 consecutive nights for rent, lease or interval occupancy. Lodging house does not include dormitories, which are generally occupied for a month or longer, or short-term lodging accessory to an owner- or tenant-occupied dwelling.
A one-family dwelling where one or more occupants are primarily permanent in nature and rent is paid for guest rooms.
A portion or parcel of land considered as a unit.
The total horizontal area included within the property lines of a lot.
A lot at the junction of and abutting on two or more intersecting streets where the interior angle of the intersection does not exceed 135º. A lot abutting a curved street shall be deemed to be a corner lot if the tangents to the curve at the points of intersection of the side lot lines with the street lines intersect at an interior angle of less than 135º.
The minimum distance from the street line of a lot to the rear lot line of such lot.
A line dividing one lot from another or from a street or public place.
The lot line which abuts or runs along the designated street line. In the case of a flag lot situated to the rear of another lot, its front lot line shall be the rear lot line of the front lot for purposes of measuring the front yard.
The lot line generally opposite to the street line; if the rear lot line is less than 10 feet in length, or if the lot comes to a point in the rear, the rear lot line shall be deemed to be a line parallel to the street line, not less than 10 feet long, lying farthest from the street line.
The dimension measured along the front yard line at substantially right angles to the depth of the lot.
A facility for physicians, dentists, chiropractors, physical therapists or other licensed health care practitioners to examine and treat persons on an out-patient basis.
A building or site designed for and containing more than one of the uses permitted on the site.
A facility offering rooms for lodging accommodations for compensation to the general public and for which access to the room is gained through exterior stairs or parking areas.
Facilities owned or operated by the Village and not subject to the standards of this chapter, including but not limited to reservoirs, water supply reservations, parks and open space, playgrounds, recreational facilities, community centers, libraries, firehouses, police stations, government offices, government garages, and public parking areas.
A building which contains a use permitted in the district in which it is located, but which does not conform to the district regulations for: lot area, width or depth; front, side or rear yards; maximum height; lot coverage; or minimum livable floor area per dwelling unit.
A use, whether of a building or tract of land, or both, existing on the effective date of this chapter, which does not conform to the use regulations of the district in which it is located.
The purpose for which a building or structure, or portion thereof, is utilized or occupied.
An area of land that provides uninterrupted space for the purposes of view corridor preservation. Open area may include open space or green space, as well as parking or loading areas.
Areas of land or water essentially unimproved and set aside, dedicated, designated or reserved for public or private use or enjoyment; or for the use and enjoyment of owners and occupants of land adjoining or neighboring such open space. Open space may be improved with those buildings, of which not more than 25% roofed for shelter purposes only, and other improvements that are designed to be incidental to the natural openness of the land.
A recreational use that may take place in any number of structures that are arranged together in an outdoor setting and that has a surface or field area greater than 400 square feet. Examples include, but are not limited to, tennis, volleyball and basketball courts, soccer and baseball fields.
Food or beverage service areas outside of a fully enclosed structure as an accessory use to a permitted restaurant or bar or cocktail lounge use. Sidewalk cafes and outdoor dining at approved open spaces may be permitted within the public right-of-way pursuant to the requirements in Chapter 216 (Sidewalk Cafes, Outdoor Dining and Sidewalk Sales).
Displays that are for sale that are a minor part of the retail business and are typically seasonal.
The storage, but not display for sale, of goods and/or materials outside of a fully enclosed structure that is incidental but clearly related to the principal use of the site such as office- or retail-related uses.
A zoning district establishing regulations which supersede less restrictive regulations of a base district.
An individual, firm, association, syndicate, partnership or corporation having sufficient proprietary interest to seek development of land.
A continuous horizontal projection for most of a façade. The parapet, like the eave line, can be a designated location for measure of building height.
A lot or part thereof used for the storage or parking of motor vehicles, with or without the payment of rent or charges in money and/or other considerations.
An off-street, improved lot, or part thereof, used for the storage of motor vehicles, which contains space rented to the general public by the hour, week, month or year.
A building containing one or more stories of parking above grade.
Parking facilities that provide parking that is not accessory to a specific use. A fee may or may not be charged. A facility that provides both accessory parking for a specific use and regular fee parking for people not connected to the use is also classified as nonaccessory parking.
The wall created on the boundary of the two properties and which serves as a common structure between the two premises owned by different parties.
An area within the sidewalk that must remain clear of obstructions to allow public passage.
A pedestrian walkway providing common access between buildings, streets, civic spaces and parking areas, which may be open or roofed.
A land use that is allowed by right in a particular zoning district, either as a primary or accessory use.
Meeting space and facilities for religious institutions. Examples include churches, temples, synagogues, and mosques. Such a use typically restricts access to the general public and owns, leases or holds property in common for the benefit of its members.
The Village of Ossining Planning Board, established by law.
A land use that is a principal use of a property and allowable within a particular zoning district either permissively or conditionally. A primary use may be combined with other allowable primary or accessory uses within that zoning district.
A building in which is conducted the main or principal use of the lot on which said building is located.
The main point of access for pedestrians into a building.
Sewage disposal and water supply systems approved by the Village Board for municipal operation.
An establishment that serves food and beverages that are consumed on its premises by customers seated at tables and/or counters inside or outside the building thereon. Such establishment may provide customers with take-out service of food and/or beverages for off-site consumption. Sale of alcoholic beverages is controlled by other provisions in this code and state statutes.
Any establishment whose primary business is to prepare and sell ready-to-consume food or beverages, primarily for consumption off-site. Up to eight seats may be provided for on-site consumption or customer waiting. A carryout restaurant with more than eight seats is considered to be a restaurant. A carryout restaurant does not include a restaurant with drive-through facilities, convenience store, or craft beverage production establishment.
Any restaurant establishment that has a drive-through whose primary business is to prepare and sell ready-to-consume food or beverages for consumption on-site or off-site.
Retail uses that typically include large areas of outdoor storage or display, such as lumber yards, sales of landscaping materials and nursery products or equipment rental businesses.
Establishments engaged in providing frequent or recurrent services to individuals or businesses for profit, including but not limited to laundromats, catering services, dry cleaners, tailors, shoe repair, photographic studios, photocopy services, quick printing services, blueprint services, beauty salons and spa services and tanning salons or similar.
Establishments that offer repair of consumer goods, such as electronics, bicycles, office equipment and appliances. Does not include repair of motor vehicles, lawn, landscaping and garden equipment, small machines or similar intensive repair.
Establishments providing for the sale or rental of general goods or merchandise to the general public for direct personal or household consumption and not for wholesale. Examples include but are not limited to antiques, appliances, art, art supplies, bicycles, carpeting, clothing, crafted items, dry goods, electronic equipment, fabric flowers, furniture, garden supplies, gifts, groceries, hardware, household products, jewelry, pet supplies (no animals or animal services), pharmaceuticals, plants, printed material, stationery, videos and similar goods. Also includes retail establishments that have a cottage industry or product-crafting component, such as bakeries, confectioneries, upholsterers, artisan workspaces, and similar.
A wall or portion thereof exceeding five feet in height built to support or prevent the advance of a mass of earth.
Public or private schools at the primary, elementary, junior high or high school level that provide state-mandated basic education including schools with residential facilities accessory and incidental to an accredited school and serving no more than 25 students.
Schools primarily engaged in offering specialized trade, business or commercial courses, but not academic training. Includes non-degree granting schools such as music schools, dramatic arts schools, dance studios, martial arts studios, language schools and other short-term examination preparatory schools.
A densely planted vegetative strip at least five feet wide or having equivalent natural growth. The shrubs or trees shall be at least four feet high at the time of planting and will be a type of planting that will form a year-round dense screen at least six feet high within three years;
An opaque wall or barrier or uniformly painted fence at least six feet high; or
Any other islands, barriers, emplacements, walls, fences, trees, plantings, shrubbery or other artificial or natural dividing strips or markers of any kind, wherever located on the site.
Facilities that provide for personal and business use, separate storage areas that are designed to allow private access by the tenant for storing or removing personal property.
An establishment providing lodging, boarding and nursing care for the elderly including: i) nursing homes, assisted-living facilities, retirement homes, adult-care facilities or retirement communities that have a license to operate from the New York State Department of Health; provided, however, that not all units within the licensed property must be licensed units or ii) any retirement home or community in which some of the residents require additional medical services or assistance with activities of daily living, including but not limited to assistance with grooming, preparation of meals, housekeeping or laundry, where one or more of such services or activities are provided or have the potential to be provided on site.
The required minimum distance between a structure and a lot line or, where specified in this chapter, another reference point or line, such as a curbline.
A tract of land, with buildings or structures planned as a whole and intended for one or more establishments for retail, office or allied purposes, on a site of 65,000 square feet or more.
Any structure, or part thereof or any device attached to a building or painted or represented thereon or displayed in a window, which shall display or include any letter, word, model, banner, pennant, insignia, device, trade flag or representation which is in the nature of or which is used as an announcement, direction or advertisement for commercial purposes or otherwise. A sign includes a billboard or a neon tube, string of lights or similar device outlining or hung upon any part of a building or lot, but does not include the flag or insignia of any nation or group of nations or of any governmental agency or of any political, educational, charitable, philanthropic, civic, professional, religious or like campaign, drive, movement or event. Excluded from this definition are signs which are solely devoted to prohibiting trespassing, hunting or fishing or signs required by governments to indicate necessary public services or activities.
An area, including all faces of a sign, measured as follows:
When such sign is on a plate or framed or outlined, all of the area of such plate or the area of such frame or outline shall be included.
When such sign consists only of letters, designs or figures engraved, painted, projected or in any manner affixed on a wall, the total area of such sign shall be deemed the area within which all of the matter of which such sign consists may be inscribed.
A development plan of one or more lots or parcels meeting the requirements of this chapter.
The deviation of a surface from the horizontal, measured as the vertical distance (rise) divided by the horizontal distance (run), and expressed in percent or degrees.
A land use which is permitted in this chapter or by local law, subject to requirements imposed by law to ensure that the proposed use is in harmony with and will not adversely affect the neighborhood if such requirements are satisfied.
A portion of a building set back above the street wall before the total height of the building is achieved. The position of the stepback is controlled by a specified distance from the street wall.
A private frontage type primarily for retail use, with substantial glazing, wherein the façade is aligned close to the front lot line with the building entrance at sidewalk grade.
That part of a building between the level of one finished floor and the level of the next higher finished floor or, if there is no higher finished floor, than that part of the building between the level of the highest finished floor and the top of the roof beams. A basement or cellar is a story if the surface of the floor above the basement is more than fifty per cent of the total building perimeter; or more than twelve feet above finished grade at any point.
Any space partially within the roof framing, where the clear height of not more than fifty per cent of such space between the top of the floor beams and the structural ceiling level is seven feet six inches.
Includes a highway, road, avenue or alley which the public has a right to and is Village dedicated or that is a federal, state or county highway or street.
The lot line facing a street right-of-way which may be designated with a street frontage type on the regulating plan.
Public amenities such as benches, bicycle racks, trash cans, clocks and bollards, when located in and adjacent to the public sidewalks, improve pedestrian comfort, convenience and safety.
The dividing line between a lot and a street.
The building wall or walls aligned alongside a sidewalk at a specified minimum height, facing a street to form a pedestrian experience with sidewalks and street enclosures.
Any change in the supporting members of a building, such as beams, columns or girders.
Anything constructed or erected above ground level that requires location on the ground or attached to something having a location on the ground but not including a tent, vehicle, vegetation, trash can, bench, picnic table, or public utility pole or line. Swimming pools are structures whether above- or in-ground. This term shall include, but not be limited to buildings, walls, fences, sheds, awnings, signs, billboards, lighting fixtures, screen enclosures, works of art, electronic transmission or reception devices or other electronic devices and mechanical devices related to a building function.
The division of land of real property into two or more lots, plots, blocks or sites, with or without streets or highways, for the purpose of offering such lots, plots, blocks or sites for sale, transfer of ownership or development. The term "subdivision" may include any alteration of lot lines or dimensions of any lots or sites shown on a plat previously approved and filed in the Office of the County Clerk in Westchester County in which such plat is located.
A body of water in an artificial receptacle or other container, which will cause the retaining of water to a depth greater than 18 inches, and having a surface area of water greater than 100 square feet and which is used or intended to be used for swimming by any family or persons residing on the premises and their guests. Such noncommercial pool shall not be operated for gain and shall be located on a lot only as an accessory use to the dwelling or dwellings thereon. Such noncommercial pool may be either an inground pool, which shall mean a pool constructed within an excavated depression below the surface of the ground, or an aboveground pool, which shall mean a pool, the frame of which is constructed of steel, aluminum or wood and which rests upon the ground surface, and may include a deck area which encircles all or part of the outside perimeter of the swimming pool.
A licensed establishment associated with a local brewery, winery or distillery operating under a state license where beer, wine or spirits are available for consumption on-site. Any production of alcohol as regulated by state law under one of these licenses is considered artisan manufacturing. Any sale of alcohol for off-premises consumption as regulated by state law under these licenses is not considered liquor retail.
The business of preparing, stuffing, and mounting the skins of animals to make then appear life-like.
A sign which relates to a single activity or event having a duration of 30 days or less.
A fully enclosed structure that stores materials or equipment and that is incidental and subordinate to a primary residential use.
Any vehicle mounted on wheels, movable either by its own power or by being drawn by another vehicle, and equipped to be used for living or sleeping quarters or so as to permit cooking. The term "trailer" shall include vehicles if mounted on temporary or permanent foundations with the wheels removed.
The portion of a street between the curbs and available for use by vehicles, bicycles and other forms of transportation.
A use wherein urgent medical care medicine is performed, whether in a building or a portion of a building, which use is principally engaged in providing immediate walk-in, extended hour access to acute illness or injury by a licensed physician that is beyond customary medical office hours or availability of a typical primary care medical practice. Patients shall be served solely on an outpatient basis and no patients shall be kept overnight on the premises. Urgent care medicine is as defined by the American Academy of Urgent Care Medicine. Such urgent care center shall not be categorized as a medical office as defined herein.
A use customarily incidental and subordinate to the main use on a lot, whether such accessory use is conducted in a principal or accessory building. An accessory use may not be accessory to another accessory use.
Authorization by the Zoning Board of Appeals for the use of land for a purpose which is otherwise not allowed or is prohibited by applicable zoning regulations.
Permission to depart from the literal requirements of a chapter pursuant to the applicable standards of the Village Law.
General vehicle-related uses involve the limited service of passenger vehicles and the sale of vehicle parts with limited outdoor storage. Examples include car washes and auto detailing, gasoline filling stations, and retail sales of passenger vehicle parts with no on-site vehicle repair.
A use that combines a general vehicle-related use and a secondary use that is incidental to the general vehicle use but that includes passenger car and vehicle repair limited to short-term, non-intensive repair, such as oil changes, tire rotations, fluid checks, and inspections but excluding auto body repair.
Uses that allow for sales and service of motor vehicles, including heavy vehicles and equipment and lawn, landscaping and garden equipment, such as vehicle repair and servicing, including the installation of vehicle parts; auto body repair; vehicle sales or rental; and vehicle storage yards, including towing and wrecker services or impoundments.
The Village of Ossining.
The Village Engineer of the Village of Ossining.
The Village Law of the State of New York.
Facilities where the primary function involves the storage or movement of goods for themselves or other firms. Goods are generally delivered to the other firms or the final consumer, except for some will-call pickups. There is little or no on-site sales activity with the customer present or business or office uses. Examples include: separate warehouses used by retail stores such as furniture and appliance stores; household moving and general freight storage; cold storage plants, including frozen food lockers; major wholesale distribution centers; truck and air-freight terminals; railroad switching yards; bus and railcar storage lots; taxi fleet parking and dispatch; fleet parking; parcel services; major postal facilities; grain terminals; and the stockpiling of sand, gravel and other aggregate materials.
Public or private waterfront recreational facilities, including marinas, mooring or docking facilities to accommodate visitors, nonmotorized or motorized watercraft rental stores, and other similar related uses.
Any natural or artificial stream, river, creek, ditch, channel, canal, conduit, culvert, drain, waterway, gully, ravine or wash in which water flows in a definite direction or course, either continuously or intermittently, and has a definite channel, bed and banks and includes any area adjacent thereto subject to inundation by reason of overflow or floodwater.
The horizontal distance between the vertical planes of the furthermost faces of a building, measured along or parallel to the axis of its greatest dimension, excluding roof projections such as eaves, rakes and soffits.
An unoccupied ground area, fully open to the sky, between the street line and a line drawn parallel thereto along the front of the building, extending from lot line to lot line.
A line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
An unoccupied ground area, fully open to the sky, between the rear lot line and a line drawn parallel thereto along the rear of the building, extending from lot line to lot line.
Any yard measured between a line drawn parallel to a street or lot line at a distance therefrom equal to the respective yard dimension required by this chapter.
An unoccupied ground area, fully open to the sky, between any lot line other than a street or rear lot line and a line drawn parallel thereto along the side of the building between the front and rear yards.
The Zoning Map or Maps of the Village of Ossining, New York, together with any amendments thereto as may be subsequently adopted.
Use group classifications.
Use groups, categories and subcategories.
Use groups. This chapter classifies land uses into five major groupings: residential; commercial; civic and institutional; industrial; and accessory. These are referred to as "use groups."
Use categories and subcategories. Each use group is further divided into more specific use categories. Use categories classify land uses and activities based on common functional or physical characteristics. Characteristics include the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered and potential impacts on adjacent properties or areas. Subcategories may be provided for some use categories and may be subject to differing zoning district or use-specific standards. Use categories and subcategories are defined in § 270-4A.
Examples. Typical uses cited as examples of the use categories and subcategories are not intended to be exclusive or restrictive.
Residential use group. The residential use group includes uses that provide dwelling units for the purpose of ongoing living accommodations to one or more person. The residential use group includes the following use categories:
Household living. Residential occupancy of a dwelling unit by a household with tenancy arranged on a monthly or longer basis.
Dwellings, single-family detached.
Dwellings, single-family attached.
Dwellings, two-family.
Dwellings, multifamily.
Commercial use group. The commercial use group includes uses that provide a business service or involve the selling, leasing or renting of merchandise to the general public. The commercial use group includes the following use categories:
Adult entertainment uses.
Animal-related uses. Commercial services related to the temporary care, boarding or medical treatment of animals. Uses are divided into two subgroups based on the intensity of the use, outdoor activity on the site and the potential for noise and odor-related externalities.
General animal-related uses.
Intensive animal-related uses.
Bar, tap or tasting room uses.
Entertainment or recreation uses. Commercial facilities used primarily for physical exercise, recreation or cultural activities. Uses are divided into two subgroups based on indoor or outdoor operations.
Indoor entertainment or recreation uses.
Outdoor entertainment or recreation uses.
Lodging uses.
Bed-and-breakfast.
Hotel.
Office uses. Office uses are characterized by activities conducted in an office setting and generally focusing on business, government, professional, medical or financial services. Uses are divided into two subgroups based on land use impacts.
General professional offices.
Medical and dental.
Parking uses, nonaccessory.
Restaurant uses.
Retail sales and service uses. Establishments involved in the sale, lease or rent of new or used products to the general public for personal or household consumption and establishments involved in the sale of personal services, hospitality services or product repair services to the general public. Uses are divided into the following subgroups:
Sales oriented.
Personal service oriented.
Repair oriented.
Outdoor storage and sales.
Funeral parlors, mortuaries and crematoriums.
Taxidermy services.
Vehicle-related uses. Sales of motor vehicles or services related to motor vehicles. Uses are divided into three subgroups based on the intensity of the use, vehicle types sold or serviced, amount of outdoor service or storage and the potential for noise and odor-related externalities.
General vehicle-related uses.
General plus.
Intensive vehicle-related uses.
Civic and institutional use group. The civic and institutional use group includes uses that provide public or quasi-public services. The public and civic use group includes the following use categories:
Clubhouses and community centers.
Day care and nursery schools.
Educational uses. Public and private schools that provide state-mandated primary and secondary generalized education; and schools for specialized activities, such as dance, music, martial arts, business and technical skills. Uses are divided into three subgroups:
Elementary or secondary.
Specialized schools.
Institutions of higher learning.
Hospitals.
Infrastructure and utilities uses. Public or private buildings, structures and lands used to provide infrastructure and utility services. Uses are divided into two subgroups based on potential impacts to surrounding areas, including the number of employees and/or visitors on site and the potential for noise and odor-related impacts.
Infrastructure and utilities, general.
Infrastructure and utilities, intensive.
Municipal uses.
Places of worship.
Senior living facilities.
Water-related recreation facilities.
Industrial use group. The industrial use group includes uses that produce or create goods from extracted, cultivated, harvested, shorn or similarly obtained materials, or from recyclable or previously prepared materials, including the design, storage, handling and dissemination of these products and the materials from which they are produced. It also includes uses that store or distribute materials or goods in large quantities. The Industrial use group includes the following use categories:
Artisan workspace, general.
Artisan workspace, intensive.
Cultivation grow facilities.
Light manufacturing.
Self-storage uses.
Warehouse and freight movement uses.
Accessory buildings and uses. An accessory use or building is subordinate and accessory to a principal use or building on the same lot and is used for purposes customarily incidental to those of the principal use or building. Examples in a residential setting include private garages, tool sheds or noncommercial greenhouses. Specific definitions of certain types of accessory buildings and uses are provided in § 270-4A; however, this list is not exhaustive. Additional accessory uses for individual zoning districts can be found in this chapter under Article IV, Use Regulations.
Clubhouses and community centers.
Drive-through facilities.
Garage, private.
Greenhouse.
Home occupations, major:
Such occupation is incidental to the residential use of the premises and is carried on in the main building and occupies no more than twenty-five percent of the floor area of the dwelling unit or no more than four hundred square feet of an accessory building;
Not more than two non-residents are employed;
Not more than two clients or customers can be on the premises at the same time;
The hours of operation shall be between 8:00 a.m. and 7:00 p.m.; and
No outdoor storage in association with the business is permitted.
Home occupations, minor:
No display of goods shall be visible from the exterior of the building;
Such occupation is incidental to the residential use of the premises, is carried on in the main building, and occupies no more than ten per cent of the floor area of the dwelling unit or no more than four hundred square feet of an accessory building;
No nonresident employees, customers or clients enter the premises;
No outdoor storage in association with the business is permitted; and
Parking of any commercial vehicles shall comply with § 270-30G.
Indoor storage.
Off-street parking shall be provided in addition to the required residential parking as set forth in Appendix C, Parking Requirements.[1]
[1]
Editor's Note: Appendix C, Parking Requirements, is included as an attachment to this chapter.
Outdoor dining.
Outdoor storage.
Outdoor display.
Tool shed.
Outdoor accessory recreation.
Parking of any commercial vehicles shall comply with § 270-30G.
Off-street parking and loading, accessory.