[Amended 11-30-2011 by L.L. No. 5-2011]
A.
Accessory buildings. An accessory building may be
located in any required side or rear yard, provided:
(1)
Such building shall not exceed 15 feet in height.
(2)
Such building shall be set back 15 feet from any lot
line and shall not be located less than 10 feet from the principal
building if separated from it.
(3)
All such buildings in the aggregate shall not occupy
more than 35% of the area of the required rear or side yard.
(4)
Accessory buildings constructed at the same time may
be located in pairs or groups in the required rear or side yard along
the common side lot line or rear lot line of contiguous lots.
B.
Relation of accessory buildings to streets. No accessory
building shall project nearer to the street on which the principal
building fronts than such principal building. Should topographic conditions
be such that practical difficulties would be caused by this requirement
with respect to the location of garages, the Planning Board may authorize
the erection of such garages under the following conditions:
[Amended 2-18-2014 by L.L. No. 2-2014]
C.
Corner lots.
(1)
Obstruction to vision at street intersections. At
all street intersections in all residence districts, no obstructions
to vision exceeding 30 inches in height above curb level shall be
erected or maintained on any lot within the triangle formed by the
street lines of such lot and a line drawn between points along such
street lines 30 feet distant from their point of intersection.
(2)
Rear and side yards. On a corner lot, front yards
are required on both street frontages, and one yard other than the
front yards shall be deemed to be a rear yard, and the other or others,
side yards. The minimum district requirements for each shall be complied
with.
D.
Exceptions to lot depth requirements. The minimum
lot depth at any point may be decreased to 75% of the minimum requirement
if the average depth conforms to the minimum requirement.
E.
Exceptions to yard requirements.
(1)
Permitted obstructions. Cornices or cantilevered roofs
may project not more than two feet into a required yard. Belt courses,
windowsills and other ornamental features may project not more than
six inches into a required yard. Paved terraces, steps and walks (other
than such as are needed for access to the buildings on the lot) shall
not project within 10 feet of a street line or four feet of a property
line.
(2)
Fences or walls. Fences or walls may be constructed
to a maximum height of eight feet. The first six feet must be made
of solid construction, and construction over six feet must be made
of lattice or other similar material to allow light and air to circulate.
[Amended 12-11-1981 by L.L. No. 10-1981; 2-15-2005 by L.L. No. 2-2005]
(3)
Alleys. When a rear lot line abuts an alley or City-owned
right-of-way of less than 25 feet in width, an accessory building
may be built to the rear lot line, provided that it does not infringe
upon required side yards.
F.
Distance between buildings. The following minimum
distances between buildings on any one lot shall be observed:
H.
Minimum dwelling unit size. Each dwelling unit, other than a studio
apartment, shall have a minimum area of 350 square feet.
[Added 3-5-2015 by L.L. No. 1-2015]
I.
Studio apartment unit size. Each studio apartment shall have a minimum
area of 350 square feet.
[Added 3-5-2015 by L.L. No. 1-2015]
Except for one- or two-family dwellings, where
a lot has frontage on two or more streets or other public ways, the
height limitation shall apply as measured from the mean elevation
of all streets above sea level.
A.
No sign, billboard, advertising display or structure, poster or device shall be erected, moved, enlarged or reconstructed except as expressly permitted in Chapter 244 of this Code.
[Amended 5-3-1977 by L.L. No. 2-1977]
B.
The following types of signs or artificial lighting
are prohibited:
(1)
Billboards.
(2)
Flashing signs, including any sign or device on which
the artificial light is not maintained stationary and constant in
intensity and color at all times when in use, except when permitted
by the Planning Board.
[Amended 2-18-2014 by L.L. No. 2-2014]
(3)
Signs which project more than 15 inches over a street
line.
(4)
Signs which compete for attention with or may be mistaken
for a traffic signal.
(5)
The outlining by direct illumination of all or any
part of a building, such as a gable, roof, side wall or corner.
C.
Urban renewal and community development areas.
[Added 1-3-1977 by L.L. No. 1-1977]
(1)
Notwithstanding any other provisions of this chapter,
all signs within designated community development areas and within
the boundaries of Urban Renewal Project No. 1, NYR-244, shall conform
to the following standards:
(a)
Signs may be affixed to each facade of the main
building or buildings, provided that the area of each sign shall not
exceed one square foot per lineal foot of the facade upon which it
is located. Such signs shall not exceed a total area of more than
25 square feet.
(b)
One overhanging sign may be permitted related
solely to each business conducted on the premises, provided that the
area of each sign shall not exceed 12 square feet.
(c)
Temporary signs may be installed for the purposes
of advertising the prospective sale or lease of the premises, or,
in the case of building construction on the site, for the identification
of the prospective use of the premises and for the identification
of the building contractor or contractors, architect or architects.
The area of such temporary signs shall not exceed 12 square feet in
area, except such signs used for purposes of advertising sale or lease
by the Hudson Urban Renewal Agency or its successor, the size of which
shall be as determined by said Agency.
(d)
Sources of light directed toward the illumination
of all exterior signs shall be a steady, no-glare type, and such light
shall be shielded in such a way that said source of light is not visible
above a line three feet in elevation above any property line.
(2)
The following types of signs or artificial lighting
are prohibited:
(a)
Billboards.
(b)
Signs projecting above the roof line.
(c)
Moving, rotating flashing signs, including any
sign or device in which the artificial light is not maintained stationary
and constant in intensity and color at all times when in use.
(d)
Beacons and flashing lights except where such
lighting devices are deemed necessary for the public safety and welfare
by federal, state or City authorities.
(e)
Signs or illumination which, by its nature or
in its particular location, may compete for attention with or may
be mistaken for a traffic signal.
(f)
The outlining by direct illumination of all
or any part of a building such as a gable, roof, side, wall or corner.
(g)
Signs made of cardboard, paper, canvas or similar
impermanent material.
(3)
All signs shall be integrated into the architectural
design of the building on which they are placed and into the overall
sign layout of the project in character and quality, to ensure consistent
and harmonious design. The design and specifications of all signs
must be approved by the Hudson Urban Renewal Agency or its successors,
and the Agency shall assist in the designing of signs.
A.
No building permit shall be issued for any public
garage or automobile service station within 200 feet measured in a
straight line between the nearest points of each of the lots or premises
of any school, church, park, playground, hospital, public library,
institution for dependents or children or any place of public assembly
designed for the simultaneous use of 50 persons or more, regardless
of the district where either premises are located.
B.
No service station building and no gasoline or oil
pump or service appliance, unless within a building, shall be within
15 feet of any street line.
C.
There shall be no opening in the walls or roof of
any public garage, excepting chimney openings and emergency fire doors,
within 15 feet of any property line unless equipped with wire glass
and metal sash and frames.
D.
All automobile parts, wrecked or damaged motor vehicles
or similar articles shall be stored within a building, except within
the Industrial I-1 District. Major repair work may be carried on outdoors
where it is impracticable to do such work within a building, but in
no case shall any vehicles requiring such work be stored outdoors
for a period exceeding 30 days. Gasoline or oil sales, changing of
tires and other similar automobile servicing shall not be considered
to be major repair work.
E.
Any automotive service station shall be subject to
the following additional requirements:
(1)
The minimum lot size shall be 15,000 square feet and
the minimum street frontage shall be 100 feet.
(2)
Entrance and exit driveways shall have an unrestricted
width of not less than 16 feet, shall be located not nearer than 10
feet to any property line and shall be so laid out as to avoid the
necessity of any vehicle entering the property having to back out
across any public right-of-way or portion thereof.
(3)
All service or repair of motor vehicles and all storage
of gasoline or flammable oils shall be performed or located in accordance
with the regulations contained in the State Uniform Fire Prevention
and Building Code.
[Amended 12-13-1973 by L.L. No. 10-1973; 4-20-2004 by L.L. No. 3-2004]
(4)
These requirements shall in no way be construed to cause any existing use to become nonconforming, except that if such a use has been discontinued for any reason for a period of over one year or has been changed to or replaced by a conforming use, such use shall be subject to the provisions of this § 325-26.
The following uses are prohibited in all districts:
A.
Any trade, industry, process or use which is noxious,
offensive or objectionable by reason of the emission of smoke, dust,
gas, odor or other form of air pollution or by reason of the deposit,
discharge or dispersal of liquid or solid wastes in any form in a
manner or amount as to cause permanent damage to the soil and streams
or to adversely affect the surrounding area, or by reason of the creation
of noise, vibration, electromagnetic or other disturbance, or by reason
of illumination by artificial light or light reflection beyond the
limits of the lot on or from which such light or light reflection
emanates, or which involves any dangerous fire, explosive, radioactive
or other hazard, or which causes injury, annoyance or disturbance
to any of the surrounding properties or to their owners and occupants,
and any other process or use which is unwholesome and noisome and
may be dangerous or prejudicial to health, safety or general welfare.
B.
Artificial lighting facilities of any kind with light
sources visible beyond the lot lines or which create glare beyond
such lines.
C.
Amusement parks and circuses and related activities,
except for a temporary period on special license from the Common Council.
D.
Dumps, except dumps owned and operated by the City
or licensed by the Common Council.
E.
Oil, gas or solution mining and drilling activities.
[Added 5-21-2013 by L.L. No. 4-2013]
[Added 8-21-1984 by L.L. No. 5-1984; amended 9-17-1985 by L.L. No. 3-1985; 4-20-2004 by L.L. No. 3-2004; 11-30-2011 by L.L. No. 5-2011]
A.
Purpose. The purpose of this section is to promote the health and
general welfare of the City of Hudson by preserving open space, providing
recreational opportunities, protecting natural resources, preserving
scenic views, particularly views of the Catskill Mountains and the
Hudson River, and reducing infrastructure and related maintenance
costs associated with reducing the width or length of streets and
reducing the distance over which utilities must be extended by encouraging
flexibility of design and development of land in such a manner as
to preserve the natural and scenic qualities of open lands.
B.
Applicability; subdivision of parent parcel.
(1)
Conservation development is authorized and may be utilized as provided
for in this section in any residential district or district authorizing
residential uses.
(2)
Notwithstanding Subsection B(1) of this section, conservation development is required in the Institutional-Residential Conservation I-R-C District for the subdivision of three or more parcels or lots.
(3)
An applicant may not subdivide a parcel in segments in such a manner as to avoid the requirement of Subsection B(2) or to circumvent the restrictions on segmentation set forth in the State Environmental Quality Review Act. The number of permissible subdivisions shall be based upon the parent parcel size as defined by § 325-35.1.
C.
Conditions of conservation development approval. In order to promote
the purposes of this section, the Planning Board may, in a residential
district, a district authorizing residential use or the Institutional-Residential
Conservation I-R-C District, authorize development of a conservation
development by granting the right to vary the parcel or lot site dimensions,
including bulk, area, lot size, setback requirements, height, and
size of a residential or congregate care dwelling unit subject to
imposition of the following conditions and findings by the Planning
Board:
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
Density. The proposed conservation development must result in a total density no greater than the density otherwise permissible pursuant to § 325-18. Therefore, where a conservation development is proposed on a parcel having a total parcel size of 30 acres and a net parcel size of 20 acres in a district zoned for one dwelling unit per 1/8 acre, the maximum possible total density [prior to a determination of the conserved land set aside as per § 325-28C(2)], pursuant to § 325-18, for such parcel would be 160 dwelling units situated on 20 acres.
(2)
Conservation land setaside. Not less than 50% of the net parcel size, as defined by § 325-18C, must be set aside and maintained as permanent conservation land as provided for in § 325-28D. For purposes of calculating the conservation land, privately owned open space areas or conservation areas associated with and within 50 feet of a dwelling or congregate care unit are considered not to have conservation value and may not be included as conserved land or open space. Where the net parcel size is 10 acres or less, the conservation-land-setaside calculation may include up to 25% of the net parcel [i.e., any land on the parcel described in § 325-18C(1) to (3)]. Therefore, in a district zoned for one dwelling unit per 1/8 acre, where the gross parcel size is 20 acres, the net parcel size is 10 acres and a twenty-five-percent conservation land allowance is applied; the maximum possible density for such parcel would be 80 dwelling units situated on 12.5 acres, with 7.5 acres reserved as conservation land.
(3)
Conservation land value. Only land having conservation value shall
be eligible to be included in a conservation easement or deed covenant.
Land having conservation value shall include, but not be limited to:
(a)
Land with scenic viewsheds or located in scenic view corridors,
especially those encompassing the Catskill Mountains or the Hudson
River, and all scenic views identified in the LWRP;
(b)
Land encompassing or adjacent to park and recreation land, biking
or pedestrian trails, unfragmented forestland, mature forests, wildlife
corridors and habitats, water bodies, stream corridors, greenways,
unique geological features, open space areas, historic and archaeological
sites, ridgelines, and steep slopes;
(c)
Critical environmental areas as defined by a local agency or
state agency pursuant to the State Environmental Quality Review Act;
or
(d)
Lands included in a conservation land allowance as set forth in § 325-18C(2).
(4)
Development design. Lots shall be arranged in a manner that protects
conservation land, minimizes habitat fragmentation, and facilitates
pedestrian and bicycle circulation. The design of the development
shall provide for the grouping or clustering of dwelling or congregate
care unit or units so that each cluster is set off from the others
and/or from adjacent property by intervening open space with the intention
of permanently preserving the undeveloped land and of permanently
preserving as much of the existing foliage as possible, especially
around the perimeter of the site. Visual privacy shall be preserved
for residents through the proper design of rear yards and/or patio
spaces. Proper screening through the use of vegetation, fencing partially
or fully enclosed patios shall be provided. The development design
shall also utilize the least amount of impervious road surface as
is practically possible. Any development shall not compromise the
conserved land or diminish its conservation value. Where possible,
development should occur on land that has been disturbed or altered
in the past. For purposes of this section, land disturbed or altered
in the past does not include land disturbed by an applicant within
two years prior to applying for conservation development approval.
(5)
Alteration of lot dimensions. Appropriate minimum yard setbacks,
bulk and areas requirements and other parcel or lot dimensions in
a conservation subdivision will depend upon the lot sizes, the type
of road frontage (state, county, City or private) and the character
of the surrounding community and the proposed conservation subdivision.
Where height restrictions are varied within the Local Waterfront Revitalization
Area, the height of any structure shall not obstruct any scenic views
identified in the LWRP. In no instance may the height of any structure
in a conservation development exceed four stories or 45 feet, whichever
is less. Yard requirements and other lot dimensions shall be established
at the time of subdivision plat approval and shall be included on
the plat.
(6)
Public sewer and water. Each lot in a conservation development must
be served by public water supply and sewer systems.
(7)
Notations on plat or site plan. Preserved conservation land shall be clearly delineated and labeled on the final subdivision plat or site plan as to its use, ownership, management, method of preservation and the rights, if any, of the owners of other lots in the subdivision to such land. The plat or site plan shall clearly show that the conservation land is permanently reserved for open space purposes and shall contain a notation indicating the deed reference of any conservation easement or deed covenant required to be filed to implement such restrictions pursuant to § 325-28D.
D.
Conservation easements and deed restrictions. Conserved land or open
space areas in a conservation subdivision shall be permanently preserved
by a conservation easement or deed covenant, or such other land agreement
as may be approved by the Common Council in consultation with the
City Attorney, which permanently conserves the conservation land area.
Such conservation easement or covenant shall be approved by the Planning
Board prior to filing with the County Recorder and shall be required
as a condition of approval. Further, such easement or covenant shall
be recorded with the County Recorder prior to or simultaneously with
the filing of the final subdivision plat in the County Clerk's office.
Pursuant to § 247 of the General Municipal Law and/or Article
49 of the Environmental Conservation Law, conservation easements shall
be granted to the City, with the approval of the Common Council, or
to a qualified not-for-profit conservation organization or homeowners'
association acceptable to the Planning Board. The Planning Board may
require that the conservation easement be enforceable by the City
if the City is not the holder of the conservation easement.
[Amended 2-18-2014 by L.L. No. 2-2014]
E.
Ownership of conservation land. Unless the developer of the conservation
development retains ownership of conservation land of four or more
acres, such land shall be conveyed as follows:
(1)
To the City of Hudson, subject to approval by the Common Council;
(2)
To a nonprofit organization whose principal purpose is the conservation
of open space;
(3)
To a hospital, sanitarium, philanthropic or eleemosynary institution,
convalescent or nursing home or home for the aged which owns the cluster
development; or
(4)
To a homeowners' association (HOH) or in such other form of private
ownership as the Planning Board finds adequate to properly manage
and protect the conservation value of the conserved or open space
land. Such HOH or other organization or form of ownership interest
shall be subject to the following conditions:
[Amended 2-18-2014 by L.L. No. 2-2014]
(a)
The HOH, other organization or other form of ownership interest
must be established prior to final subdivision plat approval and must
comply with all applicable provisions of the General Business Law.
(b)
Every deed to or lease of a dwelling unit constructed pursuant
to this article shall contain a covenant or provision mandating that
all conserved land shall be maintained by the owners or lessees of
such dwelling units. It shall be a condition to the final approval
of any such site plan that each such deed or lease will be recorded
at the Columbia County Clerk's office within 10 days after its execution,
and the form of such consent or provision must be approved by the
City Attorney prior to the issuance of a certificate of occupancy.
(c)
Membership in the association must be mandatory for each property
owner within the subdivision and for every successive property owner,
who must be required by recorded covenant to pay fees to the HOH for
taxes, insurance and maintenance for common open space, private roads
or other common facilities.
(d)
The ownership of conserved land areas shall be divided among
all owners of building lots within a conservation development in order
to provide that all residents in such development shall have access
at all times onto land in the development on which no structures are
erected, except for private lots in single ownership associated with
individual dwelling units and except that the roads or other open
lands in the development may, with the approval of the Planning Board
and consent of the City, be dedicated to the City.
(e)
All restrictions on the ownership, use and maintenance of conserved
land areas must be permanent and shall pass with the conveyance of
the lots or dwelling units.
(f)
The association must be responsible for liability insurance,
local taxes, and the maintenance of the conserved land areas, including
any active recreation areas and related facilities.
(g)
Each lot owner within the subdivision shall be made responsible
for paying his proportionate share of the association's costs, and
the assessment levied by the association shall become a lien on the
property if not paid.
(h)
The association shall have the power to adjust assessments to
meet changing needs.
(i)
In the event that the maintenance, preservation and/or use of
the conserved land area(s) ceases to be in compliance with any of
the above requirements or any other requirement specified by the Planning
Board when approving the subdivision plat, the City shall be granted
the right to take all necessary action to assure such compliance and
to assess against the association and/or each individual property
owner within the subdivision all costs incurred by the City for such
purposes, including the payment of property taxes on the conserved
land area(s).
(j)
The City Attorney shall make a determination that any documents
necessary to comply with or demonstrate compliance with Subsection
D(a) to (i) are legally sufficient and enforceable as necessary to
carry out the intent of this subsection.
F.
Permitted uses of conserved land areas. Conserved land or open space
areas shall be preserved in their natural state wherever possible,
and the uses of such areas shall be limited to appropriate conservation,
open space and recreation purposes as determined by the Planning Board
and further defined below. A portion of the conserved land areas(s)
may be designated "active recreation areas" on the subdivision plat,
in a location approved by the Planning Board. Active recreation shall
include but not be limited to playgrounds, swimming pools, biking
trails, tennis courts, and accessory buildings thereto. Such active
recreation area and uses, including any accessory buildings, shall
not exceed 20% of the total conserved land area and shall not degrade
the conservation value of the conserved lands. Where deemed appropriate,
the Planning Board may specify a phased construction schedule for
structures and facilities associated with active recreation. Enlargement
of such structures and facilities not shown on the filed plat shall
be subject to the approval of the Planning Board.
[Amended 2-18-2014 by L.L. No. 2-2014]
G.
Maintenance. As a condition of subdivision approval, final plat approval
shall include ongoing maintenance standards to preserve and protect
the conserved land. Such standards shall be enforceable by the City
against the owner of the conserved land to ensure that the conserved
land is not used for storage or the dumping of refuse, junk or other
offensive or hazardous materials. If the failure to maintain the conserved
land results in the creation of a public nuisance, the City may, upon
30 days' written notice to the owner, enter the conserved lands for
necessary maintenance, and the cost of such maintenance by the City
shall be assessed ratably against the landowner or, in the case of
an HOH, the owners of the properties within the development. Such
costs shall, if unpaid, become a tax lien on such property or properties.
H.
Approval procedure, notice and public hearing. Conservation subdivision developments shall be subject to the subdivision approval process as set forth in § 325-35.1. In addition, conservation developments shall be subject to review at a public hearing. Such public hearing shall be incorporated into the subdivision approval process set forth in § 325-35.1 and, whenever practical, shall be incorporated into a hearing held, if any, pursuant to the State Environmental Quality Review Act.
[Added 9-16-2008 by L.L. No. 6-2008]
A.
In order to prevent the proliferation of crime and
the effects of crime associated with adult entertainment establishments
within the City of Hudson; to maintain property values; to protect
children and to preserve the historic and scenic qualities of the
City of Hudson, adult entertainment establishments as defined herein
shall only be permitted in the I-1 Zone subject to the following additional
standards:
(1)
Adult entertainment establishments shall be
located at least 1,000 feet from a church or other place of religious
worship, a school, a residential zoning district or a park, playground
or playing field, measured from the property line of the adult entertainment
establishment to the property line of the aforementioned protected
use; however, after the effective date of this section, an adult entertainment
establishment that otherwise complies with the provisions of this
subsection shall not be rendered a nonconforming use if a church or
other place of religious worship, a school, a residential zoning district
or a park, playground or playing field is established on or after
the effective date of this subsection within 1,000 feet of such adult
entertainment establishment.
(2)
Each new adult entertainment establishment shall
be located at least 1,000 feet from another existing adult entertainment
establishment, measured from the property lines of the respective
adult entertainment establishment.
(3)
No more than one adult entertainment establishment
shall be located on a zoning lot.
(4)
Adult entertainment establishments shall not
exceed in total 10,000 square feet of floor area and cellar space
not used for enclosed storage and mechanical equipment.
B.
ADULT BOOKSTORE
ADULT EATING OR DRINKING ESTABLISHMENT
(1)
(2)
(a)
(b)
ADULT ENTERTAINMENT ESTABLISHMENT
ADULT THEATER
(1)
(2)
OTHER ADULT COMMERCIAL ESTABLISHMENT
PRINTED OR VISUAL MATERIALS
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
SUBSTANTIAL PORTION
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Definitions. As used in this section, the following
terms shall mean and include:
A bookstore that offers printed or visual material for sale
or rent to customers where a substantial portion of its stock-in-trade
of printed or visual material consists of adult printed or visual
material, defined as printed or visual material characterized by an
emphasis upon the depiction or description of specified sexual activities
or specified anatomical areas.
An eating or drinking establishment which regularly
features in any portion of such establishment any one or more of the
following: (a) live performances which are characterized by an emphasis
on specified anatomical areas or specified sexual activities; or (b)
films, motion pictures, videocassettes, slides or other photographic
reproductions which are characterized by an emphasis upon the depiction
or description of specified sexual activities or specified anatomical
areas; or (c) employees who, as part of their employment, regularly
expose to patrons specified anatomical areas; and which is not customarily
open to the general public during such features because it excludes
or restricts minors.
"Eating or drinking establishment" includes:
Any portion of a commercial establishment within
which food or beverages are offered for purchase, or are available
to or are consumed by customers or patrons; and
Any portion of a commercial establishment from which a portion of a commercial establishment described in Subsection (a) above is accessible by customers or patrons.
A commercial establishment which is or includes an adult
bookstore, adult eating or drinking establishment, adult theater,
or other adult commercial establishment, or any combination thereof.
A commercial establishment which regularly features
one or more of the following: (a) films, motion pictures, videocassettes,
slides or similar photographic reproductions characterized by an emphasis
on the depiction or description of specified sexual activities or
specified anatomical areas; or (b) live performances characterized
by an emphasis on specified anatomical areas or specified sexual activities;
and which is not customarily open to the general public during such
features because it excludes or restricts minors.
An adult theater shall include commercial establishments
where such materials or performances are viewed from one or more individual
enclosures.
A facility, other than an adult bookstore, adult eating or
drinking establishment, adult theater, commercial studio, or business
or trade school, which features employees who, as part of their employment,
regularly expose to patrons specified anatomical areas and which is
not customarily open to the general public during such features because
it excludes or restricts minors.
Books, magazines, or other printed matter, including product
packaging or wrapping, or photographs, films, motion pictures, videocassettes,
slides or other visual matter.
For the purpose of determining under the definition of adult
bookstore whether a substantial portion of a book's stock-in-trade
of printed or visual material consists of adult printed or visual
material, the following factors shall be considered: the amount of
stock of adult printed or visual material accessible to customers
as compared to the total stock of printed or visual material accessible
to customers containing printed or visual material which is not adult
printed or visual material (hereinafter for purposes of this definition
"other printed or visual material") shall not be considered stock-in-trade
for purposes of this definition where such store has one or more of
the following features:
An interior configuration and layout which requires
customers to pass through an area of the store with adult printed
or visual material in order to access an area of the store with other
printed or visual material:
One or more individual enclosures where adult
movies or live performances are available for viewing by customers;
A method of operation under which other printed
or visual material is offered for sale only and adult printed or visual
material is offered for sale or rental;
A greater number of different titles of adult
printed or visual material than the number of different titles of
other printed or visual material;
A method of operation which excludes or restricts
minors from the store as a whole or from any section of the store
with other printed or visual material;
A sign that advertises the availability of adult
printed or visual material which is disproportionate in size relative
to a sign that advertises the availability of other printed or visual
material, when compared with the proportions of adult and other printed
or visual materials offered for sale or rent in the store, or the
proportions of floor area or cellar space accessible to customers
containing stock of adult and other printed or visual materials;
A window display in which the number of products
or area of display of adult printed or visual material is disproportionate
in size relative to the number of products or area of display of other
printed or visual material, when compared to the proportions of adult
and other printed or visual materials offered for sale or rent in
the store, or the proportions of floor area or cellar space accessible
to customers containing stock of adult and other printed or visual
materials.
[Added 11-30-2011 by L.L. No. 5-2011]
A.
Purpose. The purpose of this section is to promote the health, safety
and general welfare of the community by preserving and making available
open space; protecting natural resources; preserving scenic views;
protecting and encouraging the rehabilitation of historic buildings,
structures, archaeological sites, or other resources recognized as
eligible for listing on the State or National Register of Historic
Places or as a local landmark; promoting housing units affordable
to low- and moderate-income residents; using environmental or "green"
building design; and promoting public ingress, egress and use of the
Hudson River and its waterfront.
B.
Applicability. Incentive zoning is authorized and may be utilized
as provided for in this section within the Local Waterfront Revitalization
Area in any residential district or in any district outside the Waterfront
Revitalization Boundary Area authorizing residential uses in order
to further the objectives of the Comprehensive Plan and the LWRP.
C.
Filing with Building Inspector and destruction of dwellings.
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
The density bonus permit applicant must file the density bonus
permit with the Office of the Building Inspector within five business
days after approval by the Planning Board.
(2)
No lot or parcel shall ever be eligible for a density bonus
of greater than a total increase of 20% or 30% in the case of the
provision of low- or moderate-income housing. If a dwelling unit(s)
constructed with a density bonus is destroyed, restoration or reconstruction
of such unit(s) may only occur with the approval of the Planning Board
pursuant to this section.
D.
Procedure. Application for a density bonus permit shall be made as part of site plan or subdivision approval in accordance with § 325-35 or § 325-35.1. A public hearing shall be required prior to taking action on any density bonus application, and such hearing, whenever practical, shall be incorporated into a hearing held, if any, pursuant to the State Environmental Quality Review Act.
E.
Density bonus. In order to promote the purposes of this section,
the Planning Board may, within the Local Waterfront Revitalization
Area in any residential district or district authorizing residential
uses, grant a density bonus permit to vary the residential density
of the underlying zoning district up to a maximum of 20% or, in the
case of the provision of low- or moderate-income housing, up to a
maximum of 30% in exchange for an applicant providing one or more
of the following public amenities within the LWRA:
[Amended 2-18-2014 by L.L. No. 2-2014]
(2)
Protection of conservation land in excess of 50% of the net
parcel area;
(3)
Maximizing and facilitating public ingress, egress, access to and enjoyment of public conservation land associated with conservation development as provided for in § 325-28 by providing linkages to pedestrian and bicycle trails between such conservation land and the LWRA;
(4)
Maximizing and facilitating public ingress, egress, access to
and enjoyment of the Hudson River and waterfront by providing linkages
to pedestrian and bicycle trails throughout the LWRA or public access
to the riverfront; or
(5)
Protection and/or rehabilitation of historic buildings, structures,
archaeological sites, or other resources recognized as eligible for
listing on the State or National Register of Historic Places or as
a local landmark.
F.
Amount of bonus. In exchange for the provision of the community benefits or amenities set forth in § 325-28.2E, the Planning Board may award density bonuses by increasing the density of the underlying zoning district up to a maximum of 20% in proportion to the degree to which the proposed community benefit or amenity confers to the public a benefit. An additional ten-percent bonus may be awarded for the provision of affordable housing as provided for in § 325-28.2G. In awarding a density bonus, the Planning Board shall:
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
Make a written determination setting forth specific findings
stating how such community benefits or amenities further the purposes
of the Comprehensive Plan and the LWRP and the rationale justifying
the amount of the density bonus authorized in proportion to the community
benefit or amenity provided.
(2)
Require, as a condition of issuing a density bonus permit, the
execution of a memorandum of understanding prepared to the satisfaction
of the City Attorney, between the applicant and the City. Such memorandum
shall be legally enforceable, subject to the approval of the Common
Council and, at a minimum, contain the following provisions:
(a)
In the case of a density bonus awarded for the provision of affordable housing for low- or moderate-income individuals or families, certification of compliance with all provisions of § 325-28.2E(1).
(b)
In the case of a density bonus awarded for the provision of conservation land pursuant to § 325-28.2E(2), certification of compliance with all applicable provisions of § 325-28.
(c)
In the case of a density bonus awarded for the provision of public access pursuant to § 325-28.2E(3) and (4), a requirement that such access be provided in perpetuity and that provision be made for future maintenance. Easements or other means of providing legal public access shall be included on the deed of the subservient property and recorded in the Columbia County Clerk's office.
(d)
In the case of a density bonus awarded for the protection and/or rehabilitation of historic buildings as provided for in § 325-28.2E(5), submission of architectural drawings stamped by a licensed architect documenting the restoration or rehabilitation efforts undertaken, a certificate of appropriateness from the Historic Preservation Commission, and a copy of any approvals, if necessary, from the New York State Office of Parks, Recreation and Historic Preservation.
(3)
Except for affordable housing bonuses granted pursuant to § 325-28.2G, a developer may transfer a density bonus awarded for benefits or amenities listed in § 325-28.2E(2) to (5) to another parcel within the LWRA.
G.
Affordable housing bonus.
(1)
In order to encourage an economically diverse housing stock
in the LWRA, the Planning Board may grant a density permit and award
a density bonus where an applicant provides affordable housing to
low- or moderate-income residents under the following conditions:
[Amended 2-18-2014 by L.L. No. 2-2014]
(a)
Term of agreement. Affordable housing must remain affordable for 40 years except as provided for in § 325-28.2G(2).
(b)
Lease agreements. Lease agreements associated with affordable
housing rental units must place a renter on notice that such units
are subject to the provisions of this law.
(c)
Covenants and deed restrictions. Prior to issuance of any residential building permits for parcels having been granted a density bonus for owner-occupied low- or moderate-income residential housing, the permit applicant shall execute, in a form acceptable to the City Attorney, covenants and deed restrictions that guarantee the affordability of each of the designated affordable housing units for 40 years, as provided in § 325-28.2G(1)(a), or in perpetuity, as provided for in § 325-28.2G(2). Such covenant and deed restrictions shall include the initial maximum allowable sale price; the rate by which subsequent sale prices may increase; the income and assets limitations of the purchasers of each affordable housing unit; and fair marketing and selection procedures. Such deed restrictions or covenants must be filed with the Office of the Clerk of Columbia County, New York.
(d)
Property owners of affordable housing rental units must certify annually that such units are occupied by residents eligible to reside in either low- or moderate-income housing, as the case may be, as those terms are defined in § 325-42. Such certification must be filed with the Office of the Building Inspector on such form as the Building Inspector may provide.
(2)
Notwithstanding § 325-28.2C(1), where affordable housing units are provided for in perpetuity, the Planning Board may grant a height variance of an additional one story above the otherwise applicable height restriction.
[Amended 2-18-2014 by L.L. No. 2-2014]
(3)
Density bonuses provided for affordable housing are not transferable
to any property other than the property which is the subject of the
density bonus permit application.
[Added 11-17-2020 by L.L.
No. 7-2020]
A.
Short-term rentals are permitted to operate within the City of Hudson
only in any of the following circumstances:
(1)
A resident of the City of Hudson, either as an individual, or
through an entity in which such individual holds a majority equity
and voting interest, may operate up to three short-term rental units,
all three short-term rental units to be located on the same parcel
on which the resident resides.
(2)
Any person who owns a dwelling unit in the City of Hudson, and
resides in it at least 50 days a year, may operate it as a short-term
rental unit for up to a maximum of 60 days per calendar year; or
(3)
A building or portion thereof that is not entitled to be operated
as a short-term rental pursuant to this section, but was entitled
to operate as a short-term rental prior to the adoption of this section,
and was operated as a short-term rental prior to March 6, 2020, and
paid a lodging tax attributable to the period ending on May 31, 2020,
may continue to so operate for a period of one year from the date
that this section goes into effect, at which time such right shall
terminate.
(4)
Upon application and after a public hearing pursuant to § 325-38 of the City Code, the Zoning Board of Appeals may grant the owner of a short-term rental subject to termination of operations under Subsection A(3) of this section a variance to continue operations for up to three years, provided that:
(a)
The applicant demonstrates through competent dollars-and-cents
proof that prior to March 6, 2020, they made substantial investments
to improve the property unique to using it as a short-term rental;
and
(b)
The applicant provides documentation of their total receipts
from the short-term rental and expected revenue through the date of
termination of the use; and
(c)
The applicant demonstrates that they cannot obtain a reasonable
return on their investment if the property is used for any other purpose
permitted within the zoning district and that the lack of a reasonable
return is due solely to the prohibition of short-term rentals and
not other market forces; and
(d)
The Zoning Board of Appeals grants the minimum extension period
necessary to mitigate the demonstrated loss of a reasonable return.
(e)
Any person aggrieved by a decision of the Zoning Board of Appeals
under this subsection may seek judicial review pursuant to § 81-c
of the General City Law.
B.
In order to assist in the administration of this section, the application form prescribed by the City Treasurer pursuant to § 275-27 of the City Code for registering short-term lodging facilities shall include a question as to whether compensation received from the operation of the dwelling unit being registered is subject to the payment of a sales tax under New York State law and, if so, the date when such sales taxes began to be paid.
C.
No short-term rental unit shall be located above the second floor
of any building unless such floor has a fire sprinkler system or has
been otherwise constructed in accordance with the requirements of
applicable New York State code requirements for residential occupancy
of such floors. Each sleeping room within a short-term rental shall
have affixed to the occupied side of the entrance door to the sleeping
room a written notice stating the means of egress from the room in
case of fire or other emergency, the location of means for transmitting
fire alarms, if any, and the evacuation procedures to be followed
in the event of a fire or smoke condition, or upon activation of a
fire or smoke-detecting or other alarm device.
D.
The right to operate a short-term rental on any parcel shall terminate for a period of two years from the date the operator of a short-term rental is found guilty by a court of law with respect to such use of such parcel of violating Chapter 157 (Garbage, Rubbish or Refuse), Chapter 210 (Noise) or § 300-27 (Unlawful abandonment of dangerous vehicles) of the Hudson Code for the parcel on which the short-term rental is located.
F.
SHORT-TERM RENTAL
SHORT-TERM RENTAL UNIT
Definitions. Unless provided otherwise herein, all terms shall have the meanings as defined in § 325-42 of this chapter. As used in this section, the following terms shall mean and include, unless the context clearly requires otherwise:
A short-term rental with its own access and egress that is
separately offered to the public for rental.
