[Added 1-16-2018 by L.L.
No. 3-2018]
Notwithstanding anything to the contrary in this chapter or
the Hudson City Code generally, the following sections of the City
Code shall be read to limit both permitted and conditional uses allowed
pursuant to this chapter of the Hudson City Code. No language included
in this article shall be read to make a prohibited use pursuant to
this chapter of the Hudson City Code permissible thereunder or otherwise.
As used in this article, the following terms shall have the
meanings indicated:
Selection of colors used throughout, such as on the furnishings,
permanent fixtures, and wall coverings, or as used on the facade.
The style of interior furnishings, which may include but
is not limited to, style of furniture, wall coverings or permanent
fixtures.
The face or front of a building, including awnings, looking
onto a street or an open space.
A type of retail sales or service activity or retail sales
or service establishment that has four or more other retail sales
establishments in operation, or with local land use or permit entitlements
already approved, located anywhere in the world. In addition to the
four establishments either in operation or with local land use or
permit entitlements approved for operation, the business maintains
two or more of the following features: a standardized array of merchandise,
a standardized facade, a standardized decor and color scheme, uniform
apparel, standardized signage, a trademark or a service mark.
A provider of loans that are secured by i) title to an automobile;
ii) access to the borrower's bank account whether via electronic or
other means; or iii) collateral deposited by or on behalf of the borrower.
Shall include the following uses, whether functioning as
a principal or accessory use. If any such use is defined in this chapter
then the term shall have that meaning, otherwise it shall have its
common meaning.
Bar, tavern, saloon, tap room, tasting room;
Drive-up facility where a customer may order and/or receive
any food or beverage;
Liquor store or beer distributor;
Retail sales and rentals, including retailers offering, for
sale or rent, household items, clothing, including outerwear and hats,
footwear, books and magazines, household and/or business appliances
and/or electronics, pet supplies, office supplies, food service industry
supplies and beauty industry supplies;
Restaurant (i.e., businesses that process and/or serve food
for on- or off-premises consumption) regardless of what type of food
it serves and/or the nature of the service provided;
Hotel, motel, inn, lodging house, rooming house and bed and
breakfast;
Movie theater, amusement and game arcade, entertainment venue;
Limited financial services, except a single automated teller
machine at the street front that meets the Planning Board's approval
and automated teller machines otherwise permitted pursuant to this
chapter and that are both located within another use and are not visible
from the street;
Spa or massage establishment; and
Gym.
Word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs that identifies and distinguishes the
source of a service from one party from those of others.
Fifty percent or more of in-stock merchandise and/or services
from a single distributor bearing uniform markings.
A word, phrase, symbol or design, or a combination of words,
phrases, symbols or designs that identifies and distinguishes the
source of the goods from one party from those of others.
Standardized items of clothing, including but not limited
to standardized aprons, pants, shirts, smocks or dresses, hats, and
pins (other than name tags) as well as standardized colors of clothing.
Formula retail uses are prohibited in all districts within the City except as otherwise expressly set forth in § 325-45 of this chapter. No site plan approval shall issue from the Planning Board, nor variance issue from the Zoning Board of Appeals, nor shall the Code Enforcement Officer issue any building or other permit, including a certificate of occupancy, for any formula retail use within the City except as permitted by this section.
The prohibitions contained in § 325-44 of this chapter shall not apply to:
A.Â
Federally or New York State chartered banking, savings and loan,
and trust institutions;
B.Â
Pharmacies and drugstores;
C.Â
Stores where the overwhelming majority of the foods sold are unprocessed
or minimally processed and intended for preparation and consumption
by the purchaser at another location; and
D.Â
Convenience stores that also sell gasoline.
A.Â
Identification.
(1)Â
In any written application for an approval, permit, license, variance
or like determination or preference from or by the City (each and
collectively an "approval"), an applicant therefor that is operating
or plans to operate a formula retail use within the City as such use
is defined in this chapter shall identify itself as a formula retail
use in all correspondence with the City seeking or regarding such
approval.
(2)Â
In the event the City determines any such application pending before
any agency of the City or the City itself is for a formula retail
use and the applicant therefor has failed to identify itself as such
on such application as required hereby, then that application shall
be deemed to be incomplete as a matter of law and the approval sought
thereby shall not issue until such oversight is cured by the applicant.
(3)Â
In the event the City determines an approval issued pursuant to an
application from an applicant that failed to identify itself as a
formula retail use on such application as required hereby then any
and all such approvals issued pursuant to such application shall be
a nullity ab anitio and subject the applicant to all penalties that
may accrue hereunder.
(4)Â
Once the City has determined that a particular use is a formula retail
use pursuant to this section, the burden to prove otherwise shall
shift to the applicant or holder of the affected approval.
B.Â
Change of use. Changes of formula retail establishments shall be
governed by this chapter, except that a change of a formula retail
use that is also a nonconforming use pursuant to this chapter is prohibited.
In all other instances, changes of formula retail establishments from
one use category to another require a new conditional use authorization
as a new formula retail use. Changes of formula retail owner or operator
within the same use category that are determined to be an enlargement
or intensification of use are required to obtain conditional use authorization.
