Hudson City Zoning Code
ARTICLE III
District Use Regulations
§ 325-6 Subdivision or site plan approval required; local waterfront consistency determination required.
[Amended 11-30-2011 by L.L. No. 5-2011]
A.
Site plan or subdivision approval by the Planning Board shall be required in all districts in accordance with § 325-35 or § 325-35.1, respectively, of this chapter. Site plan approval shall be required for the erection or enlargement of all buildings other than one- and two-family residences and accessory uses thereto and for all uses of land where no building is proposed and where a building permit or certificate of occupancy is required. Subdivision approval shall be required for major subdivisions, as defined in § 325-42, and conservation development projects pursuant to § 325-28.
[Amended 2-18-2014 by L.L. No. 2-2014]
B.
A local waterfront consistency determination, in accordance with § 325-35.2 shall be required in all districts located within the local waterfront revitalization area boundary as set forth on the map adopted pursuant to § 325-3 of this chapter, for the undertaking of all major actions as defined in § 325-42. Minor actions, as defined in § 325-42, are not subject to local waterfront consistency review.
§ 325-7 One-Family Residence R-1 District.
[Amended 3-16-1976 by L.L. No. 3-1976; 10-19-1993 by L.L. No. 10-1993; 12-19-2000 by L.L. No. 1-2001; 4-20-2004 by L.L. No. 3-2004; 1-30-2013 by L.L. No. 1-2013; 2-18-2014 by L.L. No. 2-2014; 4-15-2025 by L.L. No. 2-2025]
In a One-Family Residence R-1 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
Permitted uses.
(1)
One-family dwelling, not to exceed one such dwelling on each lot, including the renting out of not more than two rooms.
(2)
Municipal buildings, structures and uses owned and operated by the City of Hudson.
(3)
Public and private schools and places of worship, including parish houses and religious school buildings, but excluding a rectory or parsonage, which shall conform to the requirement for a one-family dwelling. Special conditions:
(a)
No building or part thereof shall be erected nearer than 40 feet to any street line. Rear yards shall be a minimum of 40 feet and side yards 20 feet minimum, except that no building shall be erected nearer than its height to any street or property line.
(b)
The building coverage shall not exceed 25%.
(c)
No building shall exceed a height of 45 feet, nor shall the number of stories at any point along the periphery of such building exceed three.
(d)
Any private school permitted under this subsection shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively as such thereunder.
(4)
Family child care facilities.
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof. These uses are subject to the regulations specified below and elsewhere in this chapter:
(1)
Hospitals, sanitariums, philanthropic or eleemosynary institutions and convalescent or nursing homes or homes for the aged, provided that with respect to such uses:
(a)
Such hospital, institution or home does not primarily care for patients suffering from alcoholism and is not a transitional service facility.
(b)
No building intended for such use shall be erected nearer than 50 feet to any street or property line, nor shall any lot on which such building is erected have an area of less than five acres.
(c)
No building shall exceed a height of 45 feet.
(3)
Annual membership clubs providing private playgrounds, swimming pools, tennis courts and recreation buildings. Special conditions:
(a)
Any such club shall be incorporated pursuant to the provisions of the Not-for-Profit Corporation Law or the Benevolent Orders Law of the State of New York, or unincorporated associations shall be approved by the Common Council, and cater exclusively to members and their guests.
(b)
No building or part thereof nor athletic or recreational facility shall be erected nearer than 50 feet to any street or property line.
(c)
The building coverage shall not exceed 25%.
(d)
The following shall be prohibited: outdoor entertainment, live or mechanical; the use of outdoor public-address systems; exterior lighting, other than that essential for the safety and convenience of the users of the premises.
(4)
Railroad, public utility, radio and television transmission and receiving antennas, rights-of-way and structures necessary to serve areas within the City, subject to such conditions as the Planning Board may impose in order to protect and promote the health and safety and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed.
(6)
Child day care facilities.
C.
Permitted accessory uses are limited to the following:
(1)
Customary home occupations, provided that:
(a)
No display of goods or waste material therefrom is visible from the street or adjoining properties.
(b)
Such occupation is incidental to the residential use of the premises and is carried on by a resident thereof with not more than one assistant who does not reside on the premises.
(c)
Such occupation is carried on in an area equivalent to not more than 30% of the area of the ground floor of the dwelling unit.
(d)
No obnoxious odor or noise emanates therefrom.
(2)
Professional office or studio, provided that:
(a)
Such office or studio is incidental to the residential use of the premises and is carried on by a resident therein with not more than one assistant who does not reside on the premises.
(b)
Such office or studio shall occupy an area equivalent to not more than 30% of the area of the ground floor of the dwelling unit.
(c)
Studios where dancing or music instruction is offered to groups in excess of four pupils at one time or where concerts or recitals are held are prohibited.
(3)
Garden house, toolhouse, playhouse, greenhouse or swimming pool incidental to the residential use of the premises and not operated for gain, provided that swimming pools shall be subject to the following requirements:
(a)
No part of such pool shall be nearer than 10 feet to any property or street line and in no case within the required front or side yards.
(b)
An adequate permanent fence or barrier of not less than four feet in height shall be erected or maintained to prevent accidental entry or unauthorized use of the pool.
(c)
Any lighting used in conjunction with such pool shall be directed away from adjoining properties.
(4)
Private garage or carport for passenger automobiles of residents on the premises, including the leasing to a nonresident of the premises of space for not more than one such automobile; open off-street parking areas for residents and their guests. Not more than one commercial vehicle may be kept on a residential lot, provided that it is of no more than one-ton capacity and belongs to residents therein. No such vehicle shall be parked between the street line and the principal building. Operation, parking or garaging of a taxicab shall not be considered an accessory use.
(5)
The keeping of a reasonable number of customary household pets, but excluding the commercial breeding or keeping of same.
§ 325-8 One- and Two-Family Residence R-2 District.
In a One- and Two-Family Residence R-2 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014
(1)
Any use conditionally permitted in and as regulated in the One-Family Residence R-1 District, § 325-7B.
(2)
The renting of more than two but not more than four rooms in a structure containing a one- or two-family dwelling.
(4)
With respect to any building or portion thereof, the use of which is currently a nonconforming use, or was a nonconforming use and did not subsequently become a dwelling unit:
[Added 11-20-2018 by L.L. No. 9-2018]
(a)
Retail stores and banks.
(b)
Personal service stores such as; but not limited to, barbershops, beauty parlors and tailors.
(c)
Professional, government or business offices.
(d)
Museums and art galleries.
(e)
Eating and drinking places.
(f)
Service establishments, furnishing services other than of a personal nature, including gasoline filling stations and convenience stores.
(g)
Outlet and pickup stations for laundries and dry-cleaning establishments, excluding commercial laundry; self-service automatic laundry and dry-cleaning establishments.
(5)
With respect to any building or portion thereof, the use of which is currently a nonconforming use within the zoning district, said nonconforming building or portion thereof may be renovated, replaced, and/or expanded ("renovated building''), provided:
[Added 11-20-2018 by L.L. No. 9-2018]
(a)
The nonconforming use has been established and has operated continuously for a period of greater than 20 years in the R-2 Zone.
(b)
The owner demonstrates mitigation of impacts of the renovated building to the surrounding neighborhood to the satisfaction of the Planning Board consistent with Article VIII. Any mitigation required shall be set forth in resolution by the Planning Board and/or through a host community benefit agreement between the owner and the City Council for the purposes of long term enforcement.
(c)
The construction of the renovated building is completed upon the parcel or adjacent parcel(s) upon which the nonconforming building currently exists;
(d)
The renovated building shall not be more than one times greater than the existing original structure of the nonconforming use.
(e)
The construction of the renovated building shall create no new additional noncompliance with the bulk and area regulations for the zoning district.
§ 325-9 One- and Two-Family Residence-Conditional Office R-2H District.
[Added 1-20-1981 by L.L. No. 2-1981]
In a One- and Two-Family Residence-Conditional Office R-2H District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
(1)
Any use conditionally permitted in and as regulated in the One-Family Residence R-1 District, § 325-7B.
(2)
The renting of more than two but not more than four rooms in a structure containing a one- or two-family dwelling.
(3)
Professional, governmental or business offices and office buildings, including customary accessory uses thereto. Special conditions:
(a)
No floor in said building except the ground floor may be used for both dwellings and offices unless two separate entrances, including hallways, are provided, giving direct access to each use.
(b)
One indirectly illuminated sign shall be permitted for each tenant on the premises on each wall fronting on a street, provided that the aggregate area, in square feet, of all signs on any wall shall be not greater than 10 square feet; no individual sign shall be greater than two square feet.
(5)
With respect to any building or portion thereof, the use of which is currently a nonconforming use within the zoning district, said nonconforming building or portion thereof may be renovated, replaced, and/or expanded ("renovated building"), provided:
[Added 11-20-2018 by L.L. No. 9-2018]
(a)
The nonconforming use has been established and has operated continuously for a period of greater than 20 years in the R-2H zone.
(b)
The owner demonstrates mitigation of impacts of the renovated building to the surrounding neighborhood to the satisfaction of the Planning Board consistent with Article VIII. Any mitigation required shall be set forth in resolution by the Planning Board and/or through a host community benefit agreement between the owner and the City Council for the purposes of long-term enforcement.
(c)
The construction of the renovated building is completed upon the parcel or adjacent parcel(s) upon which the nonconforming building currently exists;
(d)
The renovated building shall not be more than one times greater than the existing original structure of the nonconforming use.
(e)
The construction of the renovated building shall create no new additional noncompliance with the bulk and area regulations for the zoning district.
§ 325-10 Multiple Residence-Conditional Office R-3 District.
In a Multiple Residence-Conditional Office R-3 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in part, for any purpose except the following:
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 10-20-1981 by L.L. No. 8-1981; 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
(1)
Any use conditionally permitted in and as regulated in the One-Family Residence R-1 District, § 325-7B, except that no minimum lot area is required for hospitals, sanitariums, philanthropic and eleemosynary institutions and convalescent or nursing homes or homes for the aged.
(2)
Boarding or rooming house.
(3)
Professional, governmental or business offices and office buildings, including customary accessory uses thereto. Special conditions:
(a)
No floor in said building except the ground floor may be used for both dwellings and offices unless two separate entrances, including hallways, are provided, giving direct access to each use.
(b)
One indirectly illuminated sign shall be permitted for each tenant on the premises on each wall fronting on a street, provided that the aggregate area, in square feet, of all signs on any wall shall be not greater than 10 square feet; no individual sign shall be greater than two square feet.
(4)
Adult care facility.
§ 325-11 Three-Story Multiple Residence R-4 District.
In a Three-Story Multiple Residence R-4 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
Permitted uses.
(1)
Any use permitted in, and as regulated in, the Multiple Residence-Conditional Office R-3 District, § 325-10A, except that multiple dwellings shall conform to the bulk requirements for the R-4 District.
(2)
Multifamily dwellings owned and operated by a municipal housing authority providing housing for low-income families pursuant to any federal or state law; a limited dividend nonprofit or cooperative corporation for low- or moderate-income families pursuant to any federal or state law.
[Added 5-10-1971; amended 12-13-1973 by L.L. No. 10-1973]
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
(1)
Any use conditionally permitted in, and as regulated in, the Multiple Residence-Conditional Office District, §§ 325-10B(1) and 325-10B(2).
(3)
With respect to any building or portion thereof, the use of which is currently a nonconforming use or was a nonconforming use and did not subsequently become a dwelling unit:
[Added 12-21-2021 by L.L. No. 1-2022]
C.
Accessory uses. Customary accessory uses, including those permitted in, and as regulated in, the One-Family Residence R-1 District, § 325-7C, with the exception that not more than one professional office or studio shall be permitted for each 25 dwelling units or major fraction thereof on any lot. Such office or studio shall be only on the street floor of any building and on the floor immediately above the street floor only if there is direct access to such office or studio from outside the building.
§ 325-12 Residential Transitional Service Facility R-5 District.
[Added 3-16-1976 by L.L. No. 3-1976]
In a Residential Transitional Service Facility R-5 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
(1)
Any use conditionally permitted in, and as regulated in, the One-Family Residence R-1 District, § 325-7B, except that no minimum lot area is required for hospitals, sanitariums, philanthropic and eleemosynary institutions and convalescent or nursing homes or homes for the aged.
(2)
Boarding- or rooming houses.
(3)
Professional, governmental or business offices and office buildings, including customary accessory uses thereto, subject to the following special conditions:
(a)
No floor in said building except the ground floor may be used for both dwellings and offices unless two separate entrances, including hallways, are provided, giving direct access to each use.
(b)
One indirectly illuminated sign shall be permitted for each tenant on the premises on each wall fronting on a street, provided that the aggregate area, in square feet, of all signs on any wall shall be not greater than 10 square feet; no individual sign shall be greater than two square feet.
C.
Accessory uses. Customary accessory uses, including those permitted in the One-Family Residence R-1 District, § 325-7C.
D.
Transitional service facility for minors and adults, subject to authorization by the Zoning Board of Appeals provided as follows:[2]
(1)
Supervision. Every transitional service facility shall provide qualified supervisory personnel on the premises 24 hours a day, seven days a week. Such personnel shall have sufficient education and experience and shall be present in sufficient numbers to meet all standards of any agency responsible for the licensing or regulation of the transitional service facility. Where no such standards exist, the applicant shall present evidence establishing the minimum qualifications and numbers of personnel necessary for the operation of the transitional service facility, and the authorization shall specifically establish minimum standards.
(2)
Parking. At least one parking space for each 500 feet of floor area of a transitional service facility shall be provided in accordance with provisions of § 325-19.
(3)
Floor area. There shall exist at least 70 square feet of gross floor area for each room occupied by one resident for sleeping purposes, and every room occupied by more than one resident for sleeping purposes shall have a minimum gross floor area of 50 square feet per occupant thereof.
(4)
Bathroom facilities. There shall exist at least one or more bathtubs, showers or bath, one toilet and one lavatory fixture serving similar purposes, for every eight residents.
(5)
Open space. There shall exist 75 square feet of exterior usable open space per each transitional service facility resident, but in no case less than a total of 450 square feet. In the case of transitional service facilities for minors, the front yard shall not be included in computing the total amount of exterior open space.
(6)
Required approvals. No transitional service facility shall be established without, and every special exception for a transitional service facility shall be conditioned upon, the prior licensing, certification or other approval of every public agency charged with the regulation or supervision of any facet of the activity of the proposed facility. Every application for a special exception for a transitional service facility shall set forth each agency which must approve the establishment or operation of the facility, shall be accompanied by a copy of an application or other request for such approval, shall set forth the status of such application and shall state any facts known to the applicant which might result in the denial or delay of any such approval which has not been obtained as of the time of the filing of the application for a special permit.
(7)
The agency requesting zoning approval shall submit an application, which shall be in such form and shall contain such information as shall be prescribed from time to time by the Planning Board and as prescribed in Article VIII, but shall in all instances contain at least the following information and documentation:
[Amended 4-20-2004 by L.L. No. 3-2004; 2-18-2014 by L.L. No. 2-2014]
(a)
The agency's name and address and its interest in the subject property.
(b)
The owner's name and address if different from that of the agency.
(c)
The name, residence and the nature and extent of the interest, as defined by § 809 of the General Municipal Law of New York, of any state officer or any officer or employee of the City of Hudson or the County of Columbia in the subject property.
(d)
The street address or legal description of the property.
(e)
The zoning classification and present use of the property.
(f)
A general description of the proposed transitional service facility.
(g)
The names and addresses of all federal, state and municipal departments authorized to license and approve the proposed program and facility.
(h)
A statement of the sources of financial support for the proposed facility, demonstrating ability to operate the facility, and program for a minimum of three years.
(i)
A list of regulations established by the public or private departments or agency authorizing and licensing the transitional service facility and a description of how the applicant intends to comply with these regulations.
(j)
Copies of application forms issued by the departments described in § 325-12D(7)(g) as completed by the applicant.
(k)
A written statement addressing each of the standards set forth in § 325-12D(7)(a) to (e) inclusive, and stating specifically how the proposed facility relates to and meets such standard.
(l)
Such other and further information or documentation as the Zoning Board of Appeals or Building Inspector may deem to be necessary or appropriate to a full and proper consideration and disposition of the particular application.
(8)
The Building Inspector shall prepare a written report addressing each of the standards set forth in § 325-12D(7)(a) to (e) inclusive, and stating specifically how the proposed facility relates to and meets such standards. In preparing this report, the Building Inspector may, at his discretion, request technical assistance from any individual, group, committee or agency deemed appropriate. In addition, the Building Inspector shall prepare, maintain and continually keep current a map listing all transitional service facilities within the metropolitan area, which map shall be available for public inspection.
(9)
The Zoning Board of Appeals shall review the report and the map prepared by the Building Inspector and shall make all of the following determinations, specifying in the record the facts upon which these determinations were based:
[Amended 4-20-2004 by L.L. No. 3-2004]
(a)
That the proposed facility, given its unique nature, will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, parking, utility facilities and other matters affecting the public health, safety and general welfare, and that such facility will be constructed and operated so as not to dominate the immediate vicinity.
(b)
That the proposed facility will not result in an over-concentration of transitional service facilities in any one geographic area, taking into account the fact that these facilities should be dispersed throughout the metropolitan area. In making this determination, the Board shall review the map prepared by the Building Inspector and shall note the location of all existing transitional service facilities.
(c)
That there exists a reasonable certain source of continuous and sufficient funds to provide for the operation and maintenance of such facility in accordance with the representations of the application and the various standards applicable to such facility by reason of this chapter and other laws and regulations.
(d)
That the proposed facility shall be provided with or have ready access to facilities and services necessary and appropriate to the needs of its residents for active and passive recreation, medical care, education, cultural and religious activities and public transportation.
(e)
That the proposed facility, with particular reference to the number of visitors its residents may expect, loading requirements and availability and nature of public or private transportation, will not generate a level of traffic which would be burdensome to the neighborhood. In making this determination, the Board shall consult the City of Hudson Superintendent of Public Works.
§ 325-13 Residential Special Commercial R-S-C District.
[Added 5-10-1993 by L.L. No. 5-1993]
In a Residential Special Commercial R-S-C District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 1-30-2013 by L.L. No. 1-2013; 2-18-2014 by L.L. No. 2-2014]
(1)
Any use conditionally permitted in, and as regulated in, the Three-Story Multiple Residence R-4 District, § 325-11.
(2)
Retail stores and banks.
(3)
Personal service stores such as, but not limited to, barbershops, beauty parlors and tailors.
(4)
Professional, government or business offices.
(5)
Schools, churches, libraries, museums and art galleries.
(6)
Theaters, assembly halls, bowling alleys, eating and drinking places.
(7)
Service establishments, furnishing services other than of a personal nature, but excluding gasoline filling stations, motor vehicle storage and repair, auto body works or auto service establishments.
(8)
Outlet and pickup stations for laundries and dry-cleaning establishments, excluding commercial laundry; self-service automatic laundry and dry-cleaning establishments.
(9)
Assembling, converting, cleaning or any other processing of products within a fully enclosed building. Such processing shall be confined to light industry only.
(10)
Public and private parking lots and garages and garages for noncommercial vehicles.
(11)
Bus station.
(12)
Wholesale, storage or warehousing, within a fully enclosed building.
(13)
Public utility uses and structures.
(15)
Parking lots and garages for taxicabs operated pursuant to a resident taxicab service permit.
C.
Accessory uses.
(1)
With respect to any permitted use, such customary accessory uses as are permitted in, and as regulated in, the Three-Story Multiple Residence R-4 District, § 325-11.
(2)
With respect to any conditional use, customary accessory uses, including required off-street parking and loading facilities and signs, subject to Articles IV and V and the following conditions:
(a)
Not more than one such sign shall be permitted for each tenant on the premises on each wall fronting on a street.
(b)
The aggregate area, in square feet, of all signs on any wall shall be not greater than two times the length in feet of such wall.
(c)
In addition, where the building is set back from the street line a distance of 25 feet or more, not more than one freestanding sign for each 50 feet of frontage may be erected with a total area on all faces of not more than 40 square feet.
D.
All conditionally permitted uses, including all uses accessory thereto, other than off-street parking and public utility uses and structures, shall be carried on in buildings fully enclosed on all sides.
E.
All permitted uses shall conform to the bulk regulations for the Three-Story Multiple Residence R-4 District; any conditional use permitted pursuant to Subsection B(1) above shall conform to the bulk regulations for the Three-Story Multiple Residence R-4 District; and any conditional use permitted pursuant to Subsection B(2) through (13) shall conform to the bulk regulations for the Central Commercial C-C District.
§ 325-13.1 Residential Special Commercial 2 R-S-C-2 District.
[Added 4-19-2016 by L.L. No. 2-2016]
In a Residential Special Commercial 2 R-S-C-2 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
Any use permitted or conditionally permitted in the R-S-C District, as set out in § 325-13, and subject to all requirements, regulations, conditions and limitations set out in such section and applicable to the R-S-C District.
C.
Any conditional use permitted pursuant to Subdivision B shall conform to the bulk regulations for the Central Commercial C-C District.
§ 325-14 Central Commercial C-C District.
In a Central Commercial C-C District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
Permitted uses.
(1)
Retail stores and banks.
(2)
Personal service stores such as, but not limited to, barbershops, beauty parlors and tailors.
(3)
Professional, governmental or business offices.
(4)
Schools, churches, libraries, museums and art galleries.
(5)
Theaters, assembly halls, bowling alleys and eating and drinking places.
(6)
Hotels (including rooming and boarding houses), motels and clubs.
(7)
Service establishments furnishing services other than a personal nature, but excluding gasoline filling stations and motor vehicle storage, repair or service establishments.
(8)
Outlets and pickup stations for laundries and cleaning establishments, excluding a commercial laundry; self-service automatic laundry and dry-cleaning establishments.
(9)
Newspaper printing and job printing.
(10)
Assembling, converting, finishing, cleaning or any other processing of products within a fully enclosed building where goods so produced or processed are to be sold at retail exclusively on the premises, provided that:
(11)
Public and private parking lots and parking garages.
(12)
Bus station.
(13)
Any use permitted in an R-1 District, R-2 District, R-2H District, R-3 District or R-4 District.
[Added 8-16-1988 by L.L. No. 5-1988]
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
C.
Permitted accessory uses.
(1)
Customary accessory uses, including required off-street parking and loading facilities and signs, subject to Articles IV and V and the following conditions:
(a)
Not more than one such sign shall be permitted for each tenant on the premises on each wall fronting on a street.
(b)
The aggregate area, in square feet, of all signs on any wall shall be not greater than two times the length in feet of such wall.
(c)
In addition, where the building is set back from the street line a distance of 25 feet or more, not more than one freestanding sign for each 50 feet of frontage may be erected with a total area on all faces of not more than 40 square feet.
§ 325-15 General Commercial G-C District.
In a General Commercial G-C District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
Permitted uses.
(1)
Any use permitted in the Central Commercial C-C District, § 325-14A, subject to the bulk regulations of the General Commercial G-C District.
(2)
Funeral homes.
(3)
Automobile and boat sales and service establishments, including motor vehicle service stations as regulated in § 325-26, provided that no open lot for used car or boat sales shall be permitted except accessory to a franchised new car or boat sales establishment.
(4)
Any use permitted in an R-1 District, R-2 District, R-2H District, R-3 District or R-4 District.
[Added 8-16-1988 by L.L. No. 5-1988]
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
(1)
Wholesale storage and warehousing, including food, fuel and building materials, but excluding junkyards and secondhand lumberyards.
(2)
Manufacturing, assembling, converting, altering, processing or storing of products and materials regardless of where offered for sale, provided that such use shall be limited to not more than 10,000 square feet of floor area.
(3)
Public utility uses and structures.
D.
All permitted uses or conditionally permitted uses, other than off-street parking and public utility uses and structures, whether principal, incidental or accessory, shall be carried on in buildings fully enclosed on all sides.
§ 325-16 General Commercial Transitional Service Facility G-C-T District.
[Added 3-16-1976 by L.L. No. 3-1976]
In a General Commercial Transitional Service Facility G-C-T District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 2-18-2014 by L.L. No. 2-2014]
(1)
Wholesale storage and warehousing, including food, fuel and building materials, but excluding junkyards and secondhand lumberyards.
(2)
Manufacturing, assembling, converting, altering, processing or storing of products and materials regardless of where offered for sale, provided that such use shall be limited to not more than 10,000 square feet of floor area.
(3)
Public utility uses and structures.
D.
E.
All permitted uses or conditionally permitted uses, other than off-street parking and public utility uses and structures, whether principal, incidental or accessory, shall be carried on in buildings fully enclosed on all sides.
§ 325-17 Industrial I-1 District.
In an Industrial I-1 District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose except the following:
A.
Permitted uses.
(1)
Any use permitted or conditionally permitted in the General Commercial G-C District, §§ 325-15A, 325-15B(1) and 325-15B(2), except dwellings, subject to the bulk regulations of the Industrial I-1 District.[1]
(2)
Railroad station or other transportation service.
B.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof:
[Amended 12-19-2000 by L.L. No. 1-2001; 9-16-2008 by L.L. No. 6-2008; 2-18-2014 by L.L. No. 2-2014]
(1)
Animal hospital.
(2)
Radio, television and other electronic transmission and receiving stations and towers; public utility uses and structures.
(3)
Outdoor storage of lumber, building materials, contractors' equipment, trucks, vans, buses, passenger motor vehicles or any combination thereof, whether new, used or in use, for sale or for hire. However, all such outdoor storage operations shall be screened as required by the Planning Board if the Planning Board deems such screening necessary. No such storage shall be permitted in required side or rear yards.
(4)
Manufacturing, assembling, converting, altering, finishing, cleaning or any other processing and storage of products or materials, provided that only oil, gas or electricity is used as a fuel, except that an installation using other fuel may be used upon a finding by the Planning Board that such installation is expected to be free of nuisance characteristics and will have no adverse effect on neighboring uses.
§ 325-17.1 Core Riverfront C-R District.
[Added 11-30-2011 by L.L. No. 5-2011]
A.
District purpose. The purpose of the Core Riverfront C-R District is to encourage a mixture of compatible uses at the riverfront; to provide access to the riverfront for water-dependent transportation and recreational uses and water-enhanced uses such as restaurants and publicly accessible walking and biking trails; to ensure that such uses are compatible; and to protect the visual, cultural, natural, ecological and historical resources of the City's core riverfront area.
B.
Site plan approval. All new uses or change of uses in the C-R District will be subject to site plan approval by the Planning Board pursuant to § 325-35.
[Amended 2-18-2014 by L.L. No. 2-2014]
C.
Permitted uses. Subject to the bulk and area regulations of the Core Riverfront C-R District,[1] no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose in the Core Riverfront C-R District except the following:
(1)
Public docks and launches for pleasure or recreational watercraft.
(2)
Public parks, including but not limited to public beaches, boat launch areas, and playing fields.
(3)
Public and private recreation facilities and amenities, including but not limited to snack bar or cafe to service public parks, walking and biking trails, boat rental facilities, information kiosks.
(4)
Tour, commercial, charter, and/or fishing boat operations.
(5)
Boating instruction schools.
(6)
Water taxis and ferries.
[1]
Editor's Note: The Schedule of Bulk and Area Regulations for Residential Districts is included at the end of this chapter.
D.
Conditional uses. Other than the permissible uses set forth in § 325-17.1C and the accessory uses set forth in § 325-17.1E, and subject to the bulk and area regulations of the Core Riverfront C-R District, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or improvement thereon be constructed, altered, paved, improved or rebuilt, in whole or in part, for any purpose in the Core Riverfront C-R District, except that the following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof. These uses are further subject to the regulations specified below and elsewhere in this chapter.
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
Continuation of existing commercial dock operations for the transport and shipment of goods and raw materials, including loading and unloading facilities, and storage of such goods and raw materials, and associated private roads providing ingress and egress to or from such commercial dock operations, as such uses existed on the effective date of this L.L. No. 5-2011. Any existing commercial dock operation may continue to operate as a nonconforming use until such time as one or more of the actions or events specified in Subsection D above is proposed to be undertaken. Where one of the actions or events specified in Subsection D above is proposed, in addition to the provisions of Article VIII, and as more fully set forth in § 325-17.1F(2), the Planning Board shall impose additional conditions on such use as may be necessary to protect the health, safety and welfare of residents living in close proximity to commercial docks and the public while recreating and using public facilities adjacent to commercial docks as authorized in the Local Waterfront Revitalization Program.
(2)
A private causeway or private road that provides ingress to or egress from the property upon which a commercial dock operation is conducted as set forth in § 325-17.1F(2)(h) and (k).
(3)
Public and private marinas.
(4)
Annual or private membership clubs providing private playgrounds, swimming pools, tennis courts, marina and boat launch facilities, related recreational buildings. At a minimum, such uses shall be subject to the special conditions set forth in § 325-7B(3).
(5)
Railroad, public utility, radio and television transmission and receiving antennas, rights-of-way and structures necessary to serve areas within the City.
(6)
Multiple dwellings, hotels (not including rooming houses and boardinghouses) and motels.
(8)
Eating and drinking places.
F.
Standards for conditional uses.
(1)
For all conditional uses, where the subject property abuts the water, the Planning Board shall consider the quality and extent of views from the adjacent public streets through the property to the water as well as the design and relationship of development to the waterfront as viewed from the water.
[Amended 2-18-2014 by L.L. No. 2-2014]
(2)
Special conditions for commercial dock operations (including private roads providing ingress and egress to the commercial dock operations):
(a)
Emissions of dust, smoke, gas, odor or 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 or waters shall not adversely affect the surrounding area or create a nuisance. See Hudson Zoning Regulations § 325-27, Prohibited uses in all districts.
(b)
In order to minimize nuisance noise from loading dock operations to residential receptors and nearby uses, noise shall be kept within the limits established in Chapter 210, Noise, of the City Code. Control measures may include, as the Planning Board deems appropriate, the placement of noise-attenuating barriers and landscaping around loading docks.
[Amended 2-18-2014 by L.L. No. 2-2014]
(c)
Loading or unloading operations at the docks and truck arrivals and departures shall be limited to the hours of 7:00 a.m. to 7:00 p.m. This limitation shall not apply to on-water operations by tugboats and barges.
(d)
Truck engine idling is prohibited at loading docks.
(e)
Artificial lighting facilities of any kind with light sources visible beyond the lot lines or which create glare beyond such lines are prohibited pursuant to § 325-27, subject to lightening devices deemed necessary for the public safety and welfare by federal, state or City authorities.
(f)
Visual impacts associated with such operation shall be minimized. Corridors from a public street or tract of land that provide a direct and unobstructed view to the water from a vantage point within a public street, public park or other public place shall be protected wherever possible. Outdoor storage of goods and raw materials shall be screened from the public view to the greatest extent possible.
(g)
As far as practical, public access to and along the river shall be incorporated into site designs for conditional uses but shall not substantially interfere with the established uses on the property.
(h)
In areas of annual flooding, floodplains and wetlands shall be preserved in their natural state to the maximum possible extent practicable to protect water retention, overflow and other natural functions.
(i)
Loading and unloading operations at the docks shall be conducted in a manner designed to minimize adverse effects on water quality, fish and wildlife, vegetation, bank stabilization, water flow, and permitted uses on adjoining property.
(j)
Construction, reconstruction or resurfacing of and other improvements to the dock operations (including private roads providing ingress and egress to the commercial dock operations) shall be performed in a manner which preserves natural features and drainways, minimizes grading and cut and fill operations, ensures conformity with natural topography, and retains natural vegetation and vegetative buffers around water bodies to the maximum extent practicable in order to prevent any increase in erosion or the volume and rate or velocity of sedimentation or surface water runoff prior to, during, and after site preparation and work.
(3)
Special conditions for a private causeway or private road that provide ingress to or egress from the property upon which a commercial dock operation is conducted include the requirements as set forth § 325-17.1F(2)(h) and (k).
(4)
Special conditions for public and private marinas include the following:
(a)
Docks and moored vessels must be situated so as not to interfere with the free and direct access to such waters from the property, wharf, dock or similar structure of any other person unless written permission is obtained therefor from such other person.
(b)
Any application for a dock to be constructed at the end of a right-of-way will require written consent from all parties having an interest in the right-of-way.
(c)
All docks 50 feet or longer in length must be equipped with a U.S. Coast Guard approved regulatory navigation light at the seaward end of the dock facility.
(d)
As far as practical, public access to and along the river shall be incorporated into site designs for marinas.
(5)
Special conditions for multiple dwellings, motels and hotels include the following:
(a)
The design, scale, and appearance of units, structures, and the entire facility shall be compatible with present and potential uses of adjacent properties and structures.
(b)
The size, scale or configuration of a proposed facility must be found not to create an undue increase in traffic congestion on adjacent and nearby public streets or highways.
(c)
Structures and outdoor activities will be reasonably screened from adjacent properties. Landscaping and buffer zones will be provided to reduce noise, dust, and visibility.
(d)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
(e)
There shall be no outdoor public address or music system audible beyond the limits of the site.
(f)
The number of guest rooms may be limited to the availability of public water and sewage facilities.
(6)
Special conditions for eating and drinking places include the following:
(a)
There shall be no outdoor public address or music system audible beyond the limits of the site.
(b)
The maximum customer capacity of the restaurant shall be calculated in order to determine potential sewage and kitchen waste disposal. A plan demonstrating how the disposal of sewage and kitchen wastes will be handled shall be provided.
(c)
Structures and outdoor eating areas will be reasonably screened from adjacent properties. Landscaping and buffer zones will be provided to reduce noise, dust, and visibility.
(d)
Outdoor lighting shall be contained on the site and shielded to assure that lighting is not visible from neighboring lots.
G.
Salt storage. The stockpiling or storage of road salt is not a permitted, conditional or accessory use.
§ 325-17.2 Recreational Conservation R-C District.
[Added 11-30-2011 by L.L. No. 5-2011]
A.
District purpose. The purpose of the Recreational Conservation District is to conserve the unique and ecologically sensitive environments of the North and South Bays; maintain the integrity of the landfill closure measures undertaken in the North Bay; and, to the greatest extent possible, provide public access to the recreational and natural resources of the North and South Bays and the Hudson River.
B.
Permitted uses. Subject to the bulk and area regulations of the Recreational Conservation R-C District,[1] no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose in the Recreational Conservation R-C District except the following:
(1)
Public and private boat rental operations, docks and launches for pleasure or recreational watercraft.
(2)
Public and private parking lots.
(3)
Public parks.
(4)
Recreation facilities and amenities, including but not limited to walking and biking trails, boat rental facilities, boat launching facilities, boating instruction schools, and information kiosks.
[1]
Editor's Note: The Schedule of Bulk and Area Regulations for Residential Districts is included at the end of this chapter.
C.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof. These uses are further subject to the regulations specified below and elsewhere in this chapter.
[Amended 2-18-2014 by L.L. No. 2-2014]
(2)
Outdoor entertainment venues, provided that in addition to complying with Article VIII, such venues do not degrade or otherwise harm the natural or environmental resources located within the R-C District, including any state or locally designated significant coastal fish and wildlife habitats, or degrade or in any other manner compromise the state-approved closure of the former municipal landfill located in and adjacent to the North Bay.
§ 325-17.3 Institutional-Residential Conservation I-R-C District.
[Added 11-30-2011 by L.L. No. 5-2011]
A.
District purpose. The purpose of the Institutional-Residential Conservation I-R-C District is to allow for the development of residential and institutional uses while protecting unique or sensitive natural resources located in the coastal areas, including open space, viewsheds, steep slope areas and wetlands, through the use of conservation development pursuant to § 325-28 and incentive zoning pursuant to § 325-28.2.
B.
Permitted uses. Subject to the bulk and area regulations of the Institutional-Residential Conservation I-R-C District,[1] and the provisions of Paragraph E of this section, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose in the Institutional-Residential Conservation I-R-C District except the following:
(1)
Any use permitted in and as regulated in § 325-7A, except that one-family dwellings shall conform to the bulk requirements of the I-R-C District and, where applicable, Paragraphs E of this section.
(2)
Public or private parks.
(3)
Recreation facilities and amenities, including but not limited to walking and biking trails, information kiosks, restroom facilities, snack bar or cafe, swimming pool, athletic fields.
[1]
Editor's Note: The Schedule of Bulk and Area Regulations for Residential Districts is included at the end of this chapter.
C.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof. These uses are further subject to the regulations specified below and elsewhere in this chapter.
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
Hospitals, sanitariums, philanthropic or eleemosynary institutions and convalescent or nursing homes, congregate housing, or homes for the aged, provided that such hospital, institution or home or housing does not primarily care for patients suffering from alcoholism or drug abuse and is not a transitional service facility and that such uses conform to the bulk requirements of the I-R-C District and Paragraph E of this section.
§ 325-17.4 Riverfront Gateway R-G District.
[Added 11-30-2011 by L.L. No. 5-2011]
A.
District purpose. The purpose of the Riverfront Gateway R-G District is to ensure the continuation and further development of a diverse housing stock and to ensure that commercial and recreational development in the gateway area from the City's primary upland commercial area leading to the riverfront is consistent with the City's Comprehensive Plan and Local Waterfront Revitalization Program. Institutional, commercial, residential, and municipal land uses within this District must be compatible with each other and support the City's goal of providing a physical, architectural, and pedestrian friendly connection between the upland portions of the City and its riverfront.
B.
Permitted uses. Subject to the bulk and area regulations of the Riverfront Gateway R-G District and Paragraph F of this section, no building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used, in whole or in part, for any purpose in the Riverfront Gateway R-G District except the following:
(1)
Multifamily dwellings owned and operated by a municipal housing authority, a limited dividend nonprofit or cooperative corporation, or other entity, providing housing for low- to moderate-income families pursuant to any federal, state or local law.
(2)
Multiple dwellings.
(3)
Attached or row dwellings.
(4)
Any use permitted in and as regulated in the One- and Two-family Residence R-2 District, § 325-8A(1).
(5)
Public parks.
(6)
Recreation facilities and amenities, including but not limited to walking and biking trails, information kiosks, public plaza.
C.
Conditional uses. The following conditional uses are permitted, subject to the approval of the Planning Board in accordance with Article VIII hereof. These uses are subject to the regulations specified below and elsewhere in this chapter.
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
Professional, governmental or business offices and office buildings, including customary accessory uses thereto, as permitted and regulated in Multiple Residence-Conditional Office R-3 District, § 325-10B(3).
(2)
Eating and drinking places.
(3)
Retail stores and banks.
E.
Mixed-use development. Residential and conditional uses, and any accessory uses permitted thereto, authorized in the Riverfront Gateway R-G District, may exist together, upon one lot, subject to the approval of the Planning Board in accordance with Article VIII hereof. These uses are subject to the regulations specified below and elsewhere in this chapter.
[Amended 2-18-2014 by L.L. No. 2-2014]
(1)
Except for the ground floor, no floor in any building having a mix of residential and conditional uses may be used for both dwellings and conditional uses unless two separate entrances, including hallways, are provided, giving direct access to each use.
(2)
Where a residential use and a conditional use are proposed on the same lot, in addition to the provisions of Article VIII, the Planning Board may impose additional conditions on such mixed-use development as may be necessary to protect the public health, safety and welfare of residents living on the same lot or in close proximity to conditional uses. Such additional conditions may include, but are not limited to, regulation of noise, lighting and visual impacts associated with the operation of such conditional uses.
F.
Inclusionary zoning. In order to ensure an economically diverse housing stock in the R-G District, the development or redevelopment of any multiple dwelling, multiple-family dwelling, or the subdivision of a parcel resulting in 10 or more dwelling units shall only be developed or redeveloped as set forth in this subsection. For purposes of this subsection, the term "redevelopment" means any activity related to a building or structure for which the issuance of a building permit would be necessary pursuant to § 325-30.
(1)
Affordable housing set aside. At least 20% of the total number of dwelling units must be set aside and affordable as "low-income housing" or "moderate-income housing" as those terms are defined in § 325-42, whereupon the Planning Board shall grant a density bonus to the owner or developer of such parcel of no greater than 30% as provided for in § 325-28.2G(1)(a) through (e), (2) and (3).
[Amended 2-18-2014 by L.L. No. 2-2014]
(2)
Notwithstanding § 325-17.4F(1) and § 325-28.2G, where the Planning Board determines, due to the unique physical characteristics of a parcel (for purposes of this subsection, referred to as the "transferring parcel"), that approving a density bonus commensurate with the affordable housing setaside would cause extreme financial hardship to the owner or developer, or that increasing the transferring parcel density to accommodate the bonus would be impossible due to such unique physical characteristics, the Planning Board may authorize the transfer of the density bonus from the transferring parcel to another parcel, to be known as the "receiving parcel," located within the LWRA, provided that at least 25% of the affordable housing setaside dwelling units are developed on the transferring parcel.
[Amended 2-18-2014 by L.L. No. 2-2014]
(3)
At least half of the affordable housing setaside dwelling units must be affordable as low-income housing. Such determination shall be made according to the following procedure:
(a)
A property owner may request preservation credit certificates from the Planning Board. The Board shall calculate the total number of credits upon the real property within a designated sending area using a development yield factor. Development yield is established by multiplying the gross area of the parcel by the relevant development yield factor for the sending district. The development yield factor for all mapped sending areas shall be one right per 43,560 square feet of unimproved real property.
[Amended 2-18-2014 by L.L. No. 2-2014]
(b)
Preservation credits may be used to increase the development yields within receiving areas. In its determination of the total development yield of a particular property upon which development rights are to be applied, the Planning Board shall consider the extent of natural features existing on the site, including, but not limited to, water surfaces, freshwater wetlands and slopes in excess of thirty-percent grade.
[Amended 2-18-2014 by L.L. No. 2-2014]
(c)
In the One-Family Residence (R-1) District and One- and Two-Family Residence (R-2) District, Multiple Residence-Conditional Office (R-3) District and General Commercial (G-C) District with regard to detached dwellings, preservation credits may be used to increase lot yield by one lot per 40,000 square feet after subtracting for that land area required for infrastructure and public improvements.
(d)
In the Multiple Residence-Conditional Office (R-3) and Three-Story Multiple Residence (R-4) Districts with regard to attached dwellings and multiple dwelling units, preservation credits may be used to increase the dwelling unit density at a rate of one dwelling unit per preservation credit redeemed, not to exceed four dwelling units per 40,000 square feet.
(e)
In the Central Commercial (C-C) District and the General Commercial (G-C) District, preservation credits may be used to increase the allowable development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.
(f)
In the Industrial (I-1) District, preservation credits may be used to increase the development yield at a rate of an additional 1,500 square feet of floor area per preservation credit redeemed to a maximum 0.3 floor area ratio.