Such building shall not exceed 15 feet in height.

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.

All such buildings in the aggregate shall not occupy more than 35% of the area of the required rear or side yard.

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.

If the natural slope is from 10% to 20% and is within 25 feet of the street line, the Planning Board may permit garages not closer than 10 feet to the street line.

Where such slope exceeds 20%, the Board may permit a garage not closer than five feet to the street line.

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.

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.

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.

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.

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.

Between a principal building, other than a one- or two-family dwelling, and a one-story accessory building: 20 feet.

Between any two other buildings: a distance greater than 2/3 the average height of such buildings at the points where such buildings are nearest one to the other.

Inner courts. An inner court is permitted if the minimum dimension of such court is not less than 60 feet.

Outer courts. The minimum width of an outer court shall be 25 feet and the depth thereof shall not exceed its width.

General requirements.

Lot requirements and setbacks.

ADU in a preexisting nonconforming accessory structure. An ADU proposed in an existing nonconforming accessory structure shall be permitted and is excepted from the restrictions set forth in Chapter 325, Article VI, provided that the footprint of the preexisting nonconforming accessory structure is not enlarged and all requirements set forth in Subsection A(1) of this section have been met.

In any district, a business certificate of compliance certifying that a business is in compliance with the City of Hudson's Zoning Law shall be required prior to commencement of operations for all commercial uses.

Change of use or tenancy. Business certificates of compliance are not transferable upon change of use or change of tenancy for commercial tenants. A business certificate of compliance is required for all changes in 1) commercial use or 2) change in commercial tenant.

Application requirements; fees. Business owners shall be required to submit an application for a business certificate of compliance in a form as prescribed by the City Clerk. All applications shall be accompanied by a fee in the amount of $75. The City Clerk shall submit a copy of the application to the City Code Enforcement Officer. Any outstanding code violations shall be remedied to the satisfaction of the City Code Enforcement Officer prior issuance of a business certificate of compliance. In addition, if deemed necessary by the City Code Enforcement Officer, the applicant shall obtain an updated fire inspection prior to issuance of a business certificate of compliance. Upon issuance, a copy of the business certificate of compliance shall be kept on file with the City Clerk, Code Enforcement Department, and on the premises of the business that it is issued for.

The issuance of a business certificate of compliance shall be deemed a Type II action under the New York State Environmental Quality Control Act (SEQRA).

Inner courts. No inner court shall have a minimum dimension less than 1/2 of the average height of all surrounding walls.

Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.

Billboards.

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.

Signs which project more than 15 inches over a street line.

Signs which compete for attention with or may be mistaken for a traffic signal.

The outlining by direct illumination of all or any part of a building, such as a gable, roof, side wall or corner.

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:

The following types of signs or artificial lighting are prohibited:

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.

The minimum lot size shall be 15,000 square feet and the minimum street frontage shall be 100 feet.

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.

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.

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.

Conservation development is authorized and may be utilized as provided for in this section in any residential district or district authorizing residential uses.

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.

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.

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.

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.

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:

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.

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.

Public sewer and water. Each lot in a conservation development must be served by public water supply and sewer systems.

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.

To the City of Hudson, subject to approval by the Common Council;

To a nonprofit organization whose principal purpose is the conservation of open space;

To a hospital, sanitarium, philanthropic or eleemosynary institution, convalescent or nursing home or home for the aged which owns the cluster development; or

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:

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.

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.

No more than one adult entertainment establishment shall be located on a zoning lot.

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.

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 C(1) above is accessible by customers or patrons.

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.

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.

Provision of affordable housing units as provided for in § 325-28.2G;

Protection of conservation land in excess of 50% of the net parcel area;

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;

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

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.

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.

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:

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.

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:

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.

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.

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.

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

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.

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: