[Added 1-16-2018 by L.L. No. 3-2018]
Notwithstanding anything to the contrary in this chapter or the Hudson City Code generally, the following sections of the City Code shall be read to limit both permitted and conditional uses allowed pursuant to this chapter of the Hudson City Code. No language included in this article shall be read to make a prohibited use pursuant to this chapter of the Hudson City Code permissible thereunder or otherwise.
As used in this article, the following terms shall have the meanings indicated:
Selection of colors used throughout, such as on the furnishings, permanent fixtures, and wall coverings, or as used on the facade.
The style of interior furnishings, which may include but is not limited to, style of furniture, wall coverings or permanent fixtures.
The face or front of a building, including awnings, looking onto a street or an open space.
A type of retail sales or service activity or retail sales or service establishment that has four or more other retail sales establishments in operation, or with local land use or permit entitlements already approved, located anywhere in the world. In addition to the four establishments either in operation or with local land use or permit entitlements approved for operation, the business maintains two or more of the following features: a standardized array of merchandise, a standardized facade, a standardized decor and color scheme, uniform apparel, standardized signage, a trademark or a service mark.
A provider of loans that are secured by i) title to an automobile; ii) access to the borrower's bank account whether via electronic or other means; or iii) collateral deposited by or on behalf of the borrower.
Shall include the following uses, whether functioning as a principal or accessory use. If any such use is defined in this chapter then the term shall have that meaning, otherwise it shall have its common meaning.
Bar, tavern, saloon, tap room, tasting room;
Drive-up facility where a customer may order and/or receive any food or beverage;
Liquor store or beer distributor;
Retail sales and rentals, including retailers offering, for sale or rent, household items, clothing, including outerwear and hats, footwear, books and magazines, household and/or business appliances and/or electronics, pet supplies, office supplies, food service industry supplies and beauty industry supplies;
Restaurant (i.e., businesses that process and/or serve food for on- or off-premises consumption) regardless of what type of food it serves and/or the nature of the service provided;
Hotel, motel, inn, lodging house, rooming house and bed and breakfast;
Movie theater, amusement and game arcade, entertainment venue;
Limited financial services, except a single automated teller machine at the street front that meets the Planning Board's approval and automated teller machines otherwise permitted pursuant to this chapter and that are both located within another use and are not visible from the street;
Spa or massage establishment; and
Gym.
Word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of a service from one party from those of others.
Fifty percent or more of in-stock merchandise and/or services from a single distributor bearing uniform markings.
A word, phrase, symbol or design, or a combination of words, phrases, symbols or designs that identifies and distinguishes the source of the goods from one party from those of others.
Standardized items of clothing, including but not limited to standardized aprons, pants, shirts, smocks or dresses, hats, and pins (other than name tags) as well as standardized colors of clothing.
Formula retail uses are prohibited in all districts within the City except as otherwise expressly set forth in § 325-45 of this chapter. No site plan approval shall issue from the Planning Board, nor variance issue from the Zoning Board of Appeals, nor shall the Code Enforcement Officer issue any building or other permit, including a certificate of occupancy, for any formula retail use within the City except as permitted by this section.
The prohibitions contained in § 325-44 of this chapter shall not apply to:
A.
Federally or New York State chartered banking, savings and loan, and trust institutions;
B.
Pharmacies and drugstores;
C.
Stores where the overwhelming majority of the foods sold are unprocessed or minimally processed and intended for preparation and consumption by the purchaser at another location; and
D.
Convenience stores that also sell gasoline.
A.
Identification.
(1)
In any written application for an approval, permit, license, variance or like determination or preference from or by the City (each and collectively an "approval"), an applicant therefor that is operating or plans to operate a formula retail use within the City as such use is defined in this chapter shall identify itself as a formula retail use in all correspondence with the City seeking or regarding such approval.
(2)
In the event the City determines any such application pending before any agency of the City or the City itself is for a formula retail use and the applicant therefor has failed to identify itself as such on such application as required hereby, then that application shall be deemed to be incomplete as a matter of law and the approval sought thereby shall not issue until such oversight is cured by the applicant.
(3)
In the event the City determines an approval issued pursuant to an application from an applicant that failed to identify itself as a formula retail use on such application as required hereby then any and all such approvals issued pursuant to such application shall be a nullity ab anitio and subject the applicant to all penalties that may accrue hereunder.
(4)
Once the City has determined that a particular use is a formula retail use pursuant to this section, the burden to prove otherwise shall shift to the applicant or holder of the affected approval.
B.
Change of use. Changes of formula retail establishments shall be governed by this chapter, except that a change of a formula retail use that is also a nonconforming use pursuant to this chapter is prohibited. In all other instances, changes of formula retail establishments from one use category to another require a new conditional use authorization as a new formula retail use. Changes of formula retail owner or operator within the same use category that are determined to be an enlargement or intensification of use are required to obtain conditional use authorization.
