[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.
[Amended 10-15-2024 by L.L. No. 9-2024]
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 pending applications for local
land use or permit entitlements, or with local land use or permit
entitlements approved for operation located anywhere in the United
States at the time of application for a certificate of compliance
in the City of Hudson. In addition to the four establishments either
in operation or with local land use or permit entitlements approved
for operations, the business maintains two or more of the following
features: a standardized array 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.
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.
[Amended 10-15-2024 by L.L. No. 9-2024]
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 at the time of the application
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 and
subject the applicant to all penalties that may accrue hereunder.
(4)
The
determination of a use as formula retail shall be based on the status
of the applicant at the time of submission of an application to the
City for a business certificate of compliance.
(5)
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 business certificate of
compliance as a new formula retail use. Changes of formula retail
owner or operator within the same use category are required to obtain
a new business certificate of compliance.
[Added 10-15-2024 by L.L. No. 9-2024]
Every formula retail use is required to obtain a business certificate
of compliance prior to operation.
