Unless otherwise expressly stated, the following
terms shall, for the purpose of this chapter, have the meaning herein
indicated. Words used in the present tense include the future; the
singular number includes the plural, and the plural, the singular;
the word "person" includes a corporation as well as an individual;
the word "lot" includes the word "plot." The term "occupied" or "used"
as applied to any building shall be construed as though followed by
the words "or intended, arranged or designed to be occupied or used."
Includes all the following, except minor actions:
[Added 11-30-2011 by L.L. No. 6-2011]
Projects or physical activities, such as construction or any
other activities that may affect natural, man-made or other resources
in the coastal area or the environment by changing the use, appearance
or condition of any resource or structure, that:
Agency planning and policymaking activities that may affect
the environment and commit the agency to a definite course of future
decisions.
Adoption of agency rules, regulations and procedures, including
local laws, codes, ordinances, executive orders and resolutions that
may affect coastal resources or the environment.
Any combination of the above.
A family-type home for adults, a shelter for adults, a residence
for adults or an adult home, which provides temporary or long-term
residential care and services to adults who do not require continual,
medical or nursing care as provided by facilities licensed pursuant
to Article 28 of the Public Health Law or Articles 19, 31 and 32 of
the Mental Hygiene Law or are, by reasons of physical or other limitations
associated with age, physical or mental disabilities or other factors,
unable or substantially unable to live independently as such term
is defined in the Social Services Law of the State of New York and
as hereinafter amended.
[Added 10-20-1981 by L.L. No. 8-1981; amended 4-20-2004 by L.L. No. 3-2004]
Any board, agency, department, office, other body, or officer
of the City of Hudson.
[Added 11-30-2011 by L.L. No. 6-2011]
A story in a building, the structural ceiling level of which
is four feet or more above the average level of finished grade where
such grade abuts the exterior wall of such building which fronts on
any street and the floor level of which is below finished grade at
any point on the periphery of the building.
A sign which directs attention to a business, commodity,
service or entertainment conducted, sold or offered elsewhere than
upon the lot on which such sign is situated.
A dwelling occupied by one family with three to 10 rooms
rented to boarders, roomers or lodgers in the same household, who
are lodged with or without meals and in which there are provided such
services as are incidental to such use. A rooming house or a furnished
rooming house shall be deemed a boardinghouse.
Any combination of materials forming any construction, except
where entirely underground so as to permit the use of the ground above
the same as if no building were present; the term "building" shall
include the term "structure."
A building detached from and subordinate to the principal
building on a lot and used for purposes customarily incidental to
those of the principal building.
Any space in a building, the structural ceiling level of
which is less than four feet above the average finished grade where
such grade abuts that exterior wall of such building which fronts
on any street.
That portion of New York State coastal waters and adjacent
shorelands located within the boundaries of the City of Hudson, as
shown on the coastal area map on file in the office of the Secretary
of State and as delineated in the City of Hudson Local Waterfront
Revitalization Program.
[Added 11-30-2011 by L.L. No. 6-2011]
The form used by the Coastal Consistency Review Board to
assist in determining the consistency of an action with the Local
Waterfront Revitalization Program.
[Added 11-30-2011 by L.L. No. 6-2011]
A community residential-style living option that provides
nursing-home care, including unskilled support, to individuals which
promotes independent living but which does not provide for the treatment
or care of individuals suffering from adverse effects of alcohol or
illicit drug use or transitional housing for individuals newly released
from a correctional institution or other court-mandated treatment
facility or program for drug or alcohol abuse or for the treatment
of mental illness.
[Added 11-30-2011 by L.L. No. 5-2011]
The action will fully comply with the Local Waterfront Revitalization
Program policy standards, conditions and objectives and, whenever
practicable, will advance one or more of them.
[Added 11-30-2011 by L.L. No. 6-2011]
An open space enclosed on all sides by exterior walls of
a building.
An open space enclosed on three sides by exterior walls of
a building.
The linear average dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The linear dimension of the unenclosed side of the court.
The sum of all areas covered by all principal and accessory
buildings.
The established elevation of the street grade at the point
that is opposite the center of the wall nearest to and facing the
street line. Where a building is on a corner lot, the curb level is
the average of the mean levels of the curb on the two intersecting
streets. Where a front yard of 25 feet or more is provided or where
there are two or more buildings on the lot, the curb level is the
average level of the land immediately adjacent to the building prior
to or after any excavation or fill, as may be determined by the Building
Inspector.
Actions planned or proposed for implementation by an agency,
such as, but not limited to, a capital project, rule-making, procedure-making
and policy-making.
[Added 11-30-2011 by L.L. No. 6-2011]
Any cessation of nonconforming use, whether such cessation
is voluntary or involuntary, active or passive, and irrespective of
the circumstances giving rise to such discontinuance or the reasons
therefor.
A building or portion thereof that is legally entitled to
be used or is used for habitation by a natural person.
[Added 11-17-2020 by L.L.
No. 7-2020]
A one-family dwelling with two common or party walls separating
it from adjacent units on both sides, or one party wall in the case
of a building at the end of a group of attached buildings.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit only.
A detached building containing two dwelling units, respectively.
A building or entirely self-contained portion which contains
complete housekeeping facilities for one family (including any domestic
servants employed on the premises) and having no enclosed space (other
than for vestibules, entrance, or other hallways or porches) or cooking
or sanitary facilities in common with any dwelling unit. A boardinghouse,
or convalescent home, dormitory, fraternity or sorority house, hotel,
inn, lodging or rooming house, nursing or similar home or other similar
structure shall not be deemed to constitute a dwelling unit.
[Amended 3-5-2015 by L.L. No. 1-2015; 11-17-2020 by L.L. No. 7-2020]
All conditions that will be affected by a proposed action,
including land, air, water, minerals, flora, fauna, noise, resources
of agriculture, archaeological, historic or aesthetic significance,
existing patterns of population concentration, distribution or growth,
existing community or neighborhood character, and human health.
[Added 11-30-2011 by L.L. No. 6-2011]
One or more persons related by blood, marriage or adoption,
living and cooking together, exclusive of household servants. A number
of persons living together as a single housekeeping unit, although
not related by blood, adoption or marriage, shall be deemed to constitute
a family unit. A fraternity, club or boardinghouse shall not be considered
a family.
[Amended 4-20-2004 by L.L. No. 3-2004]
A drawing prepared in a manner prescribed by § 325-35.1 showing the final layout of a proposed subdivision or cluster development, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.
[Added 11-30-2011 by L.L. No. 5-2011]
The sum of the gross horizontal areas of the several floors
of a building or buildings on a lot, measured from the exterior faces
of exterior walls or from the center line of party walls separating
two buildings, excluding:
The process of exploration and drilling through wells or
subsurface excavations for oil or gas, and extraction, production,
transportation, purchase, processing, and storage of oil or gas, including,
but not limited to the following:
[Added 5-21-2013 by L.L. No. 4-2013]
A new well and the surrounding well site, built and operated
to produce oil or gas, including auxiliary equipment required for
production (separators, dehydrators, pumping units, tank batteries,
tanks, metering stations) and other related equipment;
Any equipment involved in the reworking of an existing well;
A water or fluid injection station, including associated facilities;
A storage or construction staging yard associated with an oil
or gas facility;
Gas pipes, water lines, or other gathering systems and components,
including but not limited to drip stations, vent stations, chemical
injection stations, and valve boxes.
For buildings the front wall of which is within
five feet of the street, the height is the vertical distance, in feet
and in stories, measured from curb level to the highest level of the
roof surface of roofs the slope of which is not more than one inch
vertical to one foot horizontal, or to the mean point between the
eaves and the highest point of the roof if the roof is of any other
type.
For buildings located in their entirety more
than five feet from the street line, the height in feet and in stories
shall be established by the Building Inspector in such a way that
no building shall be prevented from attaining at least at one point
the maximum height permitted in the district in which such building
is proposed to be erected, such height to be measured above the elevation
of the finished grade abutting such building at that point.
For one- or two-family dwellings, the height
is the vertical distance from the average level of the finished grade
along the wall or walls of the building facing the street to the highest
level of the roof surface of roofs the slope of which is not more
than one inch vertical to one foot horizontal, or to the mean point
between the eaves and the highest point of the roof if the roof is
of any other type.
A business, profession, occupation or trade conducted by
the occupant of a dwelling unit or accessory structure and which is
incidental and secondary to the use of the dwelling unit.
[Added 8-20-2013 by L.L. No. 7-2013]
A dwelling (including a bed-and-breakfast) offered for rent,
the gross receipts derived from its operation of which are subject
to the payment of a sales tax by the State of New York.
[Added 11-17-2020 by L.L.
No. 7-2020]
Adjustments to the permissible population density, area,
or height for the purpose of 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; and promoting public ingress, egress and use of the Hudson
River waterfront.
[Added 11-30-2011 by L.L. No. 5-2011]
The system by which specific incentives or bonuses are granted,
pursuant to this section, on condition that specific physical, social,
or cultural benefits or amenities would inure to the community.
[Added 11-30-2011 by L.L. No. 5-2011]
A facility which manufactures, designs, assembles, or processes
a product for wholesale or retail within a fully enclosed building
and which does not result in the generation of potentially dangerous,
offensive or hazardous materials or wastes or utilize a process which
is dangerous, polluting or incompatible with other uses of the district.
[Added 11-30-2011 by L.L. No. 5-2011]
That portion of New York State coastal waters and adjacent
shorelands located within the boundaries of the City of Hudson, as
shown on the coastal area map on file in the office of the Secretary
of State and as delineated in the City of Hudson Local Waterfront
Revitalization Program.
[Added 11-30-2011 by L.L. No. 6-2011]
The Local Waterfront Revitalization Program of the City of
Hudson, approved by the Secretary of State pursuant to the Waterfront
Revitalization of Coastal Areas and Inland Waterways Act (Executive
Law, Article 42),[1] a copy of which is on file in the office of the Clerk
of the City of Hudson.
[Added 11-30-2011 by L.L. No. 6-2011]
Any parcel of land, not necessarily coincident with a lot
or lots shown on a map of record, which is occupied or which is to
be occupied by a building and its accessory buildings, if any, or
by a group of buildings having any land in common with the buildings
accessory thereto, if any, together with the required open spaces
appurtenant to such building or group of buildings.
A lot at the junction of and abutting on two or more intersecting
streets where the interior angle of intersection does not exceed 135º.
Any lot adjoining a curved street at a point where the street line
describes an arc subtended by an angle of 135º or less shall
also be considered a "corner lot." All corner lots are deemed to have
two front yards, two side yards and no rear yard.
The minimum distance from the street line of a lot to the
rear lot line of such lot.
Any lot which is not a corner lot or a through lot.
Any boundary of a lot other than a street line.
The lot line generally opposite to the street line.
A lot which is not a corner lot and which has two street
lines.
The width of a lot measured along a line drawn parallel to
the street line through the point of existing proposed construction
nearest to such street line.
Rental or permanent residential housing which is affordable to individuals whose household income is 30% or below of the median household income, adjusted for family size, for the County of Columbia, New York. For purposes of determining eligibility for low-income housing or incentive zoning benefits provided pursuant to § 325-28.2, the median household income for the County of Columbia shall be the median income level as of January 1 of the year in which eligibility is requested.
[Added 11-30-2011 by L.L. No. 5-2011]
Any action except a minor action.
[Added 11-30-2011 by L.L. No. 6-2011]
Any premises containing one or more piers, wharves, docks,
moorings, bulkheads, buildings, slips or basins and used primarily
for the docking, mooring, storage and servicing of boats for compensation.
Such premises may include incidental sale of marine supplies and food.
[Added 11-30-2011 by L.L. No. 5-2011]
Includes the following actions:
[Added 11-30-2011 by L.L. No. 6-2011]
Maintenance or repair involving no substantial changes in an
existing structure or facility;
Replacement, rehabilitation or reconstruction of a structure
or facility, in kind, on the same site, including upgrading buildings
to meet building or fire codes, unless such action meets or exceeds
any of the thresholds in 6 NYCRR Part 617.4(b) and except for structures
in areas designated by the Coastal Erosion Hazard Area (CEHA) law
where structures may not be replaced, rehabilitated or reconstructed
without a permit;
Repaving or widening of existing paved highways not involving
the addition of new travel lanes;
Street openings and right-of-way openings for the purpose of
repair or maintenance of existing utility facilities;
Maintenance of existing landscaping or natural growth, except
where threatened or endangered species of plants or animals are affected,
or within state-designated significant coastal fish and wildlife habitat
areas;
Construction or expansion of a primary or accessory/appurtenant,
nonresidential structure or facility involving less than 4,000 square
feet of gross floor area and not involving a change in zoning or a
use variance and consistent with local land use controls, but not
radio communications or microwave transmission facilities;
Routine activities of educational institutions, including expansion
of existing facilities by less than 10,000 square feet of gross floor
area and school closings, but not changes in use related to such closings;
Construction or expansion of a single-family, a two-family or
a three-family residence on approved lot, including provision of necessary
utility connections;
Construction, expansion or replacement of minor accessory/appurtenant
residential structures, including garages, carports, patios, decks,
swimming pools, tennis courts, satellite dishes, fences, barns, storage
sheds or other buildings not changing land use or density;
Extension of utility distribution facilities, including gas,
electric, telephone, cable, water and sewer connections, to render
service in approved subdivisions or in connection with any action
on this list;
Granting of individual setback and lot line variances, except
in relation to a regulated natural feature, a bulkhead or other shoreline
defense structure;
Granting of an area variance(s) for a single-family, two-family,
or three-family residence;
Minor temporary uses of land having negligible or no permanent
impact on coastal resources or the environment;
Installation of traffic control devices on existing streets,
roads and highways;
Mapping of existing roads, streets, highways, natural resources,
land uses and ownership patterns;
Information collection, including basic data collection and
research, water quality and pollution studies, traffic counts, engineering
studies, surveys, subsurface investigations and soils studies that
do not commit the agency to undertake, fund or approve any action;
Official acts of a ministerial nature involving no exercise
of discretion, including building permits where issuance is predicated
solely on the applicant's compliance or noncompliance with the relevant
local building code;
Routine or continuing agency administration and management,
not including new programs or major reordering of priorities that
may affect the environment;
Conducting concurrent environmental, engineering, economic,
feasibility and other studies and preliminary planning and budgetary
processes necessary to the formulation of a proposal for action, provided
those activities do not commit the agency to commence, engage in or
approve such action;
Refinancing existing debt;
License, lease and permit renewals, or transfers of ownership
thereof, where there will be no material change in permit conditions
or the scope of permitted activities;
Adoption of regulations, policies, procedures and local legislative
decisions in connection with any action on this list;
Engaging in review of any part of an application to determine
compliance with technical requirements, provided that no such determination
entitles or permits the project sponsor to commence the action unless
and until all requirements of this chapter have been fulfilled;
Civil or criminal enforcement proceedings, whether administrative
or judicial, including a particular course of action specifically
required to be undertaken pursuant to a judgment or order, or the
exercise of prosecutorial discretion;
Adoption of a moratorium on land development or construction;
Interpreting an existing code, rule or regulation;
Designation of local landmarks or their inclusion within historic
districts;
Emergency actions that are immediately necessary on a limited
and temporary basis for the protection or preservation of life, health,
property or natural resources, provided that such actions are directly
related to the emergency and are performed to cause the least change
or disturbance practicable under the circumstances to coastal resources
or the environment. Any decision to fund, approve or directly undertake
other activities after the emergency has expired is fully subject
to all rules and regulations which were otherwise applicable.
Rental or permanent residential housing which is affordable to individuals whose household income is between 31% and 100% of the median household income, adjusted for family size, for the County of Columbia, New York. For purposes of determining eligibility for moderate income housing or incentive zoning benefits provided pursuant to § 325-28.2, the median household income for the County of Columbia shall be the median income level as of January 1 of the year in which eligibility is requested.
[Added 11-30-2011 by L.L. No. 5-2011]
A building or use that does not conform to the regulations
prescribed for the district in which it is situated.
Any space or area:
[Added 11-30-2011 by L.L. No. 5-2011]
Characterized by natural scenic beauty; or
Whose existing openness, natural condition, or present state
of use, if retained, would enhance the present or potential value
of abutting or surrounding urban development or would maintain or
enhance the conservation of natural or scenic resources.
An area of land with definite boundaries, all parts of which are owned by the same person(s)/entity(ies), the boundaries of which are established either by the filing of an approved subdivision plat or by the recording of a deed prior to the adoption of § 325-35.1.
[Added 11-30-2011 by L.L. No. 5-2011]
A parcel of land which existed on December 31, 2009.
[Added 11-30-2011 by L.L. No. 5-2011]
A paved or surfaced space which, exclusive of access driveways
and turning areas, is 10 feet wide by 20 feet long and which is accessible
and available at all hours for the parking of one passenger car.
A firm, association, organization, partnership, trust, company
or individual.
[Added 11-30-2011 by L.L. No. 5-2011]
A map or plan, drawn to scale, showing, at a minimum, property
boundaries and geographic features.
[Added 11-30-2011 by L.L. No. 5-2011]
A map or plan prepared in a manner prescribed by § 325-35.1 showing the layout of a proposed subdivision, including, but not restricted to, road and lot layout and approximate dimensions, key plan, topography and drainage, all proposed facilities unsized, including preliminary plans and profiles, at suitable scale and in such detail as local regulation may require.
[Added 11-30-2011 by L.L. No. 5-2011]
The processing, preparation and production activities associated
with man-made or raw materials and other manufactured items which
are altered, restored or improved by the utilization of biological,
chemical or physical actions, tools, instruments, machines or other
such similar natural, scientific or technological means. Processing
activities shall include, but not be limited to, such operations as
mixing, crushing, cutting, grinding and polishing; casting, molding
and stamping; alloying and refining; assaying, cleaning, coating and
printing; and assembling and finishing.
[Added 11-30-2011 by L.L. No. 5-2011]
A lot line other than a street line.
Any letter, word, model, pennant, insignia, trade flag, device
or representation used as, or which is in the nature of, an advertisement,
announcement, attraction or directive.
Shall be measured as follows:
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the area of the
smallest triangle, rectangle or circle within which all of the matter
of which such sign consists may be included.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any space partially within the roof framing, where the clear
height of not more than 50% of such space between the top of the floor
beams and the structural ceiling level is seven feet six inches or
more.
Any public street, court, place, square, lane or way with
a minimum right-of-way of 25 feet, set aside or used as a right-of-way
for common street purposes.
The dividing line between a lot and a street.
Any change in the supporting members of a building.[3]
A parcel or plot of land with two or more times the minimum
acreage area within a particular zoning district.
[Added 11-30-2011 by L.L. No. 5-2011]
The division of any parcel of land into a number of lots,
blocks or sites with or without streets or highways, for the purpose
of sale, transfer of ownership, or development.
[Added 11-30-2011 by L.L. No. 5-2011]
All subdivisions not classified as minor.
[Added 11-30-2011 by L.L. No. 5-2011]
A subdivision of land for the creation of not more than two
lots.
[Added 11-30-2011 by L.L. No. 5-2011]
Any vehicle mounted on wheels, movable either by its own
power or by being drawn by another vehicle, and equipped to be used
for living or sleeping quarters or so as to permit cooking. The term
"trailer" shall include such vehicles if mounted on temporary or permanent
foundations with the wheels removed.
An authorized or licensed residence operated or funded by
a public or private agency duly authorized and licensed by the State
Division for Youth, State Department of Social Services, State Department
of Mental Hygiene, State Board of Social Welfare, State Department
of Correctional Services or any other state or county agency having
authority to license and approve said facility, which residence houses
individuals being cared for or whose housing or other living expenses
are being paid for by the agency and deemed by the agency to be capable
of living and functioning in the community and which provides professional
guidance to such individuals while living in the facility.
[Added 3-16-1976 by L.L. No. 3-1976; amended 4-20-2004 by L.L. No. 3-2004; 4-19-2011 by L.L. No.
1-2011]
A person receiving care, treatment, or living at a transitional
service facility, other than an individual employed or volunteering
as a staff member or employee of a transitional service facility.
[Added 3-16-1976 by L.L. No. 3-1976; amended 4-19-2011 by L.L. No. 1-2011]
A business or use whose primary purpose is the transport
of people, goods or materials.
[Added 1-30-2013 by L.L. No. 1-2013]
An unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 20 feet, and which is available
and accessible to all occupants of the building or buildings on the
lot for purposes of active or passive outdoor recreation. Accessory
building roof space may be substituted for ground space, provided
that such space is available and accessible to all the occupants by
means of access other than stairs.
A use customarily incidental and subordinate to the main
use on a lot, whether such accessory use is conducted in principal
or accessory building.
An unoccupied ground area fully open to the sky between the
street line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between the
rear lot line and a line drawn parallel thereto.
An unoccupied ground area fully open to the sky between any
property line other than a street or rear lot line and a line drawn
parallel thereto, and between the front and rear yards.
