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City of Hudson, NY
Columbia County
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Table of Contents
Table of Contents
[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]
(1) 
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.
(2) 
Where such slope exceeds 20%, the Board may permit a garage not closer than five feet to the street line.
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:
(1) 
Between a principal building, other than a one- or two-family dwelling, and a one-story accessory building: 20 feet.
(2) 
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.
G. 
Courts.
(1) 
Inner courts. An inner court is permitted if the minimum dimension of such court is not less than 60 feet.
(2) 
Outer courts. The minimum width of an outer court shall be 25 feet and the depth thereof shall not exceed its width.
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. 
Courts.
(1) 
Inner courts. No inner court shall have a minimum dimension less than 1/2 of the average height of all surrounding walls.
(2) 
Outer courts. The minimum width of an outer court shall be 20 feet and the depth thereof shall not exceed its width.
B. 
Railroad rights-of-way. No side or rear yard shall be required where such yard abuts an operating railroad right-of-way.
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.
D. 
Local waterfront revitalization area boundary. All signs located in the local waterfront revitalization area boundary shall conform to § 244-39.2.
[Added 11-30-2011 by L.L. No. 5-2011]
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. 
Definitions. As used in this section, the following terms shall mean and include:
ADULT BOOKSTORE
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.
(1) 
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.
(2) 
"Eating or drinking establishment" includes:
(a) 
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
(b) 
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.
ADULT ENTERTAINMENT ESTABLISHMENT
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.
(1) 
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.
(2) 
An adult theater shall include commercial establishments where such materials or performances are viewed from one or more individual enclosures.
OTHER ADULT COMMERCIAL ESTABLISHMENT
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.
PRINTED OR VISUAL MATERIALS
Books, magazines, or other printed matter, including product packaging or wrapping, or photographs, films, motion pictures, videocassettes, slides or other visual matter.
(1) 
Less than completely and opaquely concealed:
(a) 
Human genitals, pubic region;
(b) 
Human buttock, anus; or
(c) 
Female breast below a point immediately above the top of the areola; or
(2) 
Human male genitals in a discernibly turgid state, even if completely and opaquely concealed.
(1) 
Human genitals in a state of sexual stimulation or arousal;
(2) 
Actual or simulated acts of human masturbation, sexual intercourse or sodomy; or
(3) 
Fondling or other erotic touching of human genitals, pubic region, buttock, anus or female breast.
SUBSTANTIAL PORTION
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:
(1) 
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:
(2) 
One or more individual enclosures where adult movies or live performances are available for viewing by customers;
(3) 
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;
(4) 
A greater number of different titles of adult printed or visual material than the number of different titles of other printed or visual material;
(5) 
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;
(6) 
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;
(7) 
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.
C. 
For the purposes of the definition of "adult eating or drinking establishment," an eating or drinking establishment includes:
(1) 
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
(2) 
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.
[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]
(1) 
Provision of affordable housing units as provided for in § 325-28.2G;
(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.
(e) 
Any affordable housing units created pursuant to this section or § 325-17.4 shall have the same outward physical appearance as market rate housing units located on the same parcel or in the same development.
(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.