A.
The Village of Hudson Falls is hereby divided into
six classes of districts, termed and hereafter referred to as:
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Residence District Class A
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Residence District Class B
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Residence District Class C
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Mixed Use District
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Commercial District
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Industrial District
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B.
Overlay districts. The Village of Hudson Falls hereby
establishes and/or recognizes the following overlay district(s):
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Village Centre Overlay District
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C.
The purposes of the districts are as follows:
(1)
Residence District Class A. The purpose of the Class
A District is to provide for preservation of the Village's residential
housing stock and while allowing limited accessory uses such as professional
offices that complement the residential character of the Village.
(2)
Residence District Class B. The purpose of the Class
B District is to provide for a more diverse category of housing styles
to serve the growing needs of the community. The Class B District
also recognizes that there are a limited range of compatible nonresidential
uses that may complement the needs of the district.
(3)
Residence District Class C. The purpose of the Class
C District is to preserve the longstanding residential neighborhoods
while allowing for the placement of bed-and-breakfast, community facilities
and professional offices consistent with the residential character
of the community.
(4)
Mixed Use District. The Mixed Use District was established
to recognize the importance of the diverse marketplace of the Village
Centre and to encourage increased occupancy of second- and third-story
units. The blending of traditional Village marketplace retail uses
with modern-day professional services is key to serving the needs
of the Village and surrounding residential neighborhoods.
(5)
Commercial District. The purpose of the Commercial
District is to provide for mixed commercial and low-impact industrial
uses in areas that are in transition between Village Centre and older
industrial uses and in a manner consistent with adjoining residential
areas.
(6)
Industrial District. The purpose of the Industrial
District is to provide adequate areas for the siting and reinvigoration
of existing industrial facilities.
(7)
Village Centre Overlay District. The purpose of the Village Centre Overlay District is to identify the Village's "downtown" marketplace and encourage the retention and attraction of retail vendors, services and facilities that are complementary to this historic Main Street marketplace. Special "Village Centre Design Guidelines" as defined in Article VI apply to renovation and new construction activities in this overlay district.
D.
Hudson Falls Historic District. The United States
Department of the Interior National Park Service designated a portion
of Hudson Falls on the National Register of Historic Places. The Zoning
Map identifies the Hudson Falls Historic District in an effort to
communicate the importance of the Village's historic resources. The
Village desires to protect and preserve these resources. Additional
information on the designation can be obtained from the Village Historian
and/or on the National Park Service web site at www.cr.nps.gov/nr.
E.
Zoning District Amendments. The following 10 contiguous, vacant parcels currently identified on the Tax Assessment map of the Town of Kingsbury as SBL Nos. 146.17-8-14,146.17-8-14.2, 146.17-8-14.3, 146.17-8-14.4, 146.17-8-14.5, 146.17-8-14.6, 146.17-8-14.7, 146.17-8-14.8, 146.17-8-14.9, 146.17-8-14.10 shall be rezoned from "Residence District Class A" to "Mixed Use" as per Table 1, Schedule of Uses, of Attachment 1 to Chapter 215.
[Added 5-10-2009 by L.L. No. 1-2010]
The boundaries of these districts are established
as shown on the Official Zoning Map, which hereby forms and is declared
to be a part of this chapter. The Official Zoning Map is on file in
the office of the Village Clerk.
Where uncertainty exists with respect to the
boundary of any district shown on the Village of Hudson Falls Zoning
Map, the following rules shall apply:
A.
Where district boundaries are indicated as approximately
following the center lines or right-of-way lines of streets, highways,
railroads or public utility easements, said boundaries shall be construed
to be coincident with such lines.
B.
Where district boundaries are so indicated that they
are approximately parallel to the center lines of right-of-way lines
of streets, highways, railroads or public utility easements, said
boundaries shall be construed as being parallel thereto and at such
distances as indicated on the Village of Hudson Falls Zoning Map or
as shall be determined using the scale on the Village of Hudson Falls
Zoning Map.
C.
Where district boundaries are indicated as approximately
following the Village boundary line, property lines, lot lines, or
projections thereof, said boundaries shall be construed to be coincident
with such lines or projections thereof.
D.
Where district boundaries are so indicated that they
are approximately parallel to the Village boundary line, property
lines, lot lines, or projections thereof, said boundaries shall be
construed as being parallel and at such distances therefrom as are
indicated on the Village of Hudson Falls Zoning Map, as shall be determined
using the scale on the Village of Hudson Falls Zoning Map.
E.
Where a street, highway, railroad or public utility
easement, center line or right-of-way line is coincident with a zoning
boundary line and varies from the actual on-the-ground physical monument
or mark, then such on-the-ground physical monument or mark shall determine
said zoning boundary.
F.
Where uncertainty exists in determining the precise
location of any district boundary line, the Zoning Board of Appeals
shall interpret the intent and purpose of the Zoning Map. The Zoning
Board of Appeals shall render such interpretation within 30 days of
receipt of all information it deems necessary to make its interpretation.
A public hearing is not required for an interpretation.
[Amended 12-13-2010 by L.L. No. 3-2010; 12-10-2012 by L.L. No. 3-2012]
A.
General. No land shall be used or structure altered, erected or used
except in conformity with the regulations herein prescribed for the
district in which such land or structure is located.
B.
Principal building in residential zones. In areas zoned for single-family
dwellings, a maximum of one single-family dwelling (principal building
for dwelling purposes) may be (used or) constructed per lot, regardless
of lot size. Additionally, the minimum lot size as indicated in Table
3[1] shall constitute the minimum area per principal building
allowed within the zone.
[1]
Editor's Note: Table 3 is included at the end of this chapter.
[Added 4-10-2008 by L.L. No. 3-2008;
amended 12-13-2010 by L.L. No. 3-2010; 9-14-2015 by L.L. No. 3-2015]
A.
It shall
be unlawful to use, occupy, maintain or convert the first floor or
ground floor of any building or structure used for commercial or nonresidential
uses or purposes, including, but not limited to, stores, retail establishments
and restaurants, for or to residential use in the Mixed Use and Commercial
Zoning Districts. This prohibition shall not apply to any structure
which was designed and intended for residential use at the time of
its construction.
[Added 10-14-2011 by L.L. No. 4-2011]
A.
Provided that a special use permit has been obtained from the Board of Trustees, the second floor or higher floor of a structure located on property in the Mixed Use Zone, and provided that the first floor of such structure is an allowed use in the Mixed Use Zone, may be used for multifamily dwellings or apartment units. Except as herein provided, when reviewing a special use permit application, the Board of Trustees shall apply the procedural and substantive requirements set forth in Article V, Special Use Permits, of Chapter 215. For purposes of the application of Article V, Chapter 215, to this section, the phrase "Planning Board" shall be substituted by "Board of Trustees." In the review of an application for a special use permit under this section, the Board of Trustees may determine, based upon the circumstances presented, that strict application of the minimum lot area requirements for multifamily dwellings as set forth in Attachment 3, Table 3, of Chapter 215, and the minimum vehicle parking requirements for multifamily dwellings in § 215-45, Table 8, is not required. The Board of Trustees may, in its discretion, determine for each application the number and location of multifamily dwellings or apartment units that may be allowed and whether sufficient vehicle parking spaces in number and location are proposed or whether additional parking spaces are necessary. The Board of Trustees may, as a condition of granting any special use permit, specify its terms of validity as set forth in § 215-29. In addition to any other authority set forth in Article V of Chapter 215, the Board of Trustees, in granting any special use permit, may impose such reasonable conditions and restrictions as are directly related to and incidental to the special use permit.
B.
Notwithstanding the provisions of § 215-27E, prior to scheduling a public hearing on a special use permit application, the applicant for such special use permit shall, after filing said application, appear at a regular meeting of the Board of Trustees for the purposes of determining whether the application is complete. If the Board of Trustees deems the application to be complete, the Board of Trustees shall schedule a public hearing which shall, unless determined otherwise by the Board of Trustees, be conducted at the next regular meeting of the Board of Trustees.
