Village of Ellenville, NY Article II Use Regulations

§ 227-12 Schedule of use regulations.

The attached schedule of use regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "Use Schedule."[1]

[1] Editor's Note: The Use Schedule is included at the end of this chapter.

§ 227-13 Schedule of area and bulk regulations.

The attached schedule of area and bulk regulations is hereby adopted and declared to be a part of this chapter and is hereinafter referred to as the "Area and Bulk Schedule."[1]

[1] Editor's Note: The Area and Bulk Schedule is included at the end of this chapter.

§ 227-14 Number of principal buildings per lot.

[Amended 5-10-2021 by L.L. No. 3-2021]

No more than one principal building may be permitted on a lot in residential districts R-A, R-1, R-1A, and R-2. However, an accessory building may be used for residential purposes in compliance with the following conditions and issuance of a special permit by the Planning Commission in accord with § 227-125:

A. The lot on which the accessory building is located shall conform to the minimum area and dimensional standards of the zoning district in which it is located.

B. The accessory building shall contain a floor area of no more than 600 square feet and no more than one bedroom. A second bedroom may be permitted if the lot area exceeds the minimum required lot area in the district by at least 20%.

C. The accessory building shall comply with the setback standard of the zoning district, except that accessory buildings constructed prior to January 1, 2021, are not subject to this requirement.

D. At least one parking space shall be provided for the accessory building in addition to those required for other uses of the property.

E. Only one accessory building on a lot may be used for residential purposes, and either the principal or the accessory building must be occupied by the property owner.

§ 227-15 Standards governing activities.

The following activity standards shall apply in all districts:

A. Vibration. No vibration shall be discernible at the lot lines or beyond.

B. Smoke. No emission of visible gray smoke of a shade equal to or darker than Number 2 on the Ringelmann Chart, measured at the point of emission.

C. Odors. No offensive odor shall be noticeable at the lot line or beyond.

D. Fly ash, dust. No emission which can cause any damage to health, animals or vegetables or other forms of property or any excessive soiling.

E. Glare. No direct or sky-reflected glare shall be visible at the lot line or beyond.

F. Liquid or solid wastes. No discharge into any present or future disposal system, public or private, or streams or into the ground of any materials of such nature or temperature as to contaminate groundwater supply or local watercourses or sewage treatment facilities shall be permitted.

G. Radioactivity. No activities which emit dangerous radioactivity at any point, as covered by federal government standards shall be permitted.

H. Noise. No noise shall be permitted in violation of the Noise Control Law of the Village of Ellenville (Chapter 147 of the Code of the Village of Ellenville).

[Amended 6-5-2000 by L.L. No. 3-2000]

I. Fire and explosive hazard. No process or storage of material in such manner as to create undue hazard by reason of fire or explosion shall be permitted.[1]

[1] Editor's Note: For related provisions, see Ch. 70, Building Construction and Fire Prevention.

J. Storage. No material shall be stored either indoors or outdoors in a manner that facilitates the breeding of vermin.

K. Static. Electrical operations shall not create disturbances to radio and/or television reception in the Village.

L. Fumes. No toxic or hazardous fumes shall be emitted beyond fully enclosed structures designed to contain and mitigate such fumes.

§ 227-16 Home occupations.

Home occupations, as defined in § 227-7C, shall be subject to the following regulations and standards, where permitted as accessory uses.

A. The following occupations are typical of those which can be conducted within the standards set forth in § 227-16D below and qualify as permitted home occupations:

(1) Dressmakers, milliners and tailors.

(2) Music or dance teachers and tutors, provided that instruction shall be limited to two pupils at one time.

(3) Artists, sculptors or authors.

(4) Physicians, dentists or other licensed medical practitioners.

(5) Lawyers, architects, engineers, realtors, insurance agents, sales representatives and members of similar professions.

(6) Ministers, rabbis and priests.

B. The following uses are of a character that is generally not compatible with a residential area and shall be prohibited as home occupations:

(1) Carpentry, cabinetmaking, furniture repair or upholstering and rug cleaning.

(2) Animal hospital or kennel.

(3) Automotive repair or body shop.

(4) Restaurant, tavern and store.

(5) Mortuary.

C. The following uses are of such a character that an individual finding must be made, in each case, to determine if they are compatible with the objectives of this chapter and conform to the standards set forth in § 227-16D below. Therefore, prior to the establishment of such use, an application for a special permit must be made and approved in accord with §§ 227-125 through 227-130.

(1) Beauty parlor or barbershop.

(2) Nursery school.

(3) Repair of small appliances, cameras, watches, etc.

(4) Uses similar to but not included in § 227-16A above.

D. Home occupations are permitted accessory uses only if the following standards are observed:

(1) There shall be no indication of the home occupation from the exterior of the building, except for a sign in accord with § 227-38, and no modification to the structure shall alter its residential character.

(2) A home occupation shall be conducted only within the principal building on the lot.

(3) The floor area designed for and allotted to the home occupation shall not exceed 30% of the total floor area of the dwelling unit or 500 square feet, whichever is less.

(4) No more than one person who is not a resident of the dwelling unit shall be employed in the home occupation.

(5) No materials or equipment used in the home occupation shall be stored or displayed outside the dwelling unit.

(6) At least one but no more than three off-street parking spaces shall be provided for a home occupation, in addition to those required for the principal residential use. Such space may be provided in the driveway but not in any required front or side yard.

(7) No commercial vehicle shall be used in connection with the home occupation or parked on the property.

(8) The home occupation shall not result in traffic, noise, vibration, odor, smoke, glare or electrical interference beyond that normally generated by permitted uses in the same zoning district.

§ 227-17 Horticulture and agriculture in residential districts.

Horticulture or agriculture is permitted in Districts R-1 and R-2, provided that:

A. There is no display of products, other than in growth, visible from any street.

B. There shall be no raising or pasturing of pigs, fowl, rabbits, foxes, mink, rodents, primates and other small fur-bearing animals for any commercial or laboratory purpose.

C. That any greenhouse heating plant, which otherwise complies with bulk requirements of this chapter, or manure storage shall be located at least 100 feet from any lot line.

§ 227-18 Gasoline filling stations.

In any district where permitted, a gasoline filling station shall be subject to the following regulations:

A. The area for use by motor vehicles, except access drives thereto, as well as any structures, shall not encroach on any required yard area.

B. No fuel pump shall be located within 20 feet of any side lot line nor within 35 feet of any street line.

C. No access drive shall be within 200 feet of and on the same side of a street as a school, public library, theater, church or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.

§ 227-19 Public garages.

In any district where permitted, a public garage shall be subject to the following regulations:

A. No public garage shall have an opening in the roof, side or rear walls less than 15 feet from any lot line.

B. The requirements and limitations of § 227-18 shall also apply to public garages.

§ 227-20 Trailer camps. [1]

Trailer camps are specifically prohibited in all zoning districts. Trailer camps in existence on the date of the passage of this chapter shall be treated as nonconforming uses. The camps in existence on the date of the passage of this chapter shall be restricted to the number of trailer spaces in use on the date of adoption of this chapter.

[1] Editor's Note: For related provisions, see Ch. 142, Mobile Homes.

§ 227-21 House trailers. [1]

House trailers for occupancy are specifically prohibited in all zoning districts. House trailers in use on the date of the passage of this chapter shall be treated as nonconforming uses, except that individual house trailers in existence on the date of this chapter shall be allowed to be replaced with newer and different models of trailers.

[1] Editor's Note: For related provisions, see Ch. 142, Mobile Homes.

§ 227-22 Junkyards.

Junkyards are specifically prohibited in all zoning districts.

§ 227-23 Waste disposal facilities.

No person shall undertake to construct any new building or structure in the Village of Ellenville without first meeting the requirements for a system or facilities for the separate disposal of water-borne sewage, domestic or trade wastes in accordance with applicable regulations of the Village, the Ulster County Department of Health and other appropriate authorities.

§ 227-24 Cannabis use standards. [1]

[Added 8-8-2022 by L.L. No. 5-2022]

A. General.

(1) All cannabis-related uses permitted in the Cannabis Retail Overlay District or the B-1, B-2, and B-3 Districts shall be subject to prior review and approval of a special permit by the Village Planning Commission.

(2) Any special permit approval shall include a condition that the use shall not operate, and the special permit shall not be valid, until the applicant has obtained all necessary licenses and permits issued by the State of New York and its agencies. Revocation of any such permit or license shall be grounds for revocation of the special permit.

(3) A special permit issued under this section shall only be valid for the duration of the applicant's ownership and use of the premises for a cannabis facility.

B. Standards in the Cannabis Retail Overlay District.

(1) Cannabis retail dispensaries shall be permitted in the CRD Overlay District in addition to all other uses permitted in the underlying district(s). All area and bulk standards of the underlying districts shall apply to cannabis uses as well, unless specifically modified or superseded by provisions set forth in this Subsection B or Subsection C below.

(2) Cannabis retail dispensaries shall be located in accord with the provisions of the Marijuana Regulation and Taxation Act as it may be amended.

(3) Cannabis retail dispensaries may be open only between the hours of 10:00 a.m. and 10:00 p.m.

C. Standards for cannabis on-site consumption facilities. This subsection is reserved until such time as this Zoning Chapter is amended by action of the Village Board in accord with § 227-135 hereof.

[1] Editor’s Note: Former § 227-24, Amusement arcades, was repealed 2-13-2017 by L.L. No. 2-2017.

§ 227-25 Drive-in movies.

Drive-in movies shall comply with the following regulations:

A. Projection screens and parking areas shall be no closer than 50 feet to any street right-of-way line and no closer than 100 feet to any residential property line.

B. The front face of the screen shall not be visible from adjacent major streets.

C. Vehicular surfaces shall be paved with dustless material.

D. Loudspeakers shall be of the individual in-car type.

E. Accessways to car reservoir space shall be equal to a minimum of 5% of the total parking capacity.

§ 227-25.1 Adult businesses.

[Added 5-13-1996 by L.L. No. 5-1996]

A. Findings and purpose.

(1) Findings. The Village Board hereby finds that certain business activities categorized as adult uses by their nature have serious objectionable characteristics related to their operation which can lead to a significant impact on the surrounding community. The Board further finds that the unrestrained proliferation and/or concentration of such businesses is inconsistent with existing development and future plans for the Village of Ellenville in that they often result in influences on the community which increase the crime rate and undermine the economic, moral and social welfare of the community. The deleterious effects of these businesses change the economic, social and moral character of the existing community and adversely affect existing businesses and community and family life. These findings are based on studies and findings regarding such uses which have been undertaken by and incorporated in legislation enacted by other communities, including the Town of Islip, New York; Austin, Texas; Indianapolis, Indiana; and Los Angeles, California.

(2) Purpose. The purpose of this section is to prevent the unrestricted proliferation of adult businesses and to ensure that the effects of such businesses will not adversely affect the health, safety and economic well-being of the community by enacting criteria for the establishment of adult business uses in the Village.

B. Definitions. As used in this section, the following terms shall have the meanings indicated:

ADULT ARCADE

An establishment where, for any form of consideration, one or more motion-picture projectors, slide projectors or similar machines are available and are used to show films, motion pictures, video cassettes, slides or other photographic reproductions which are characterized by emphasis upon the depiction or description of specified sexual activities or specified anatomical areas. For the purposes of this chapter, "adult arcade" is included within the definition of "adult motion-picture theater."

ADULT BOOKSTORE

An establishment or business, whether retail or wholesale, having more than 20% of its stock in trade (recordings, books, magazines, periodicals, films, video tapes/cassettes or other audio or viewing materials) for sale or rent for viewing or use only off the premises, which stock is distinguished or characterized by its emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas.

ADULT BUSINESS

Any establishment or business involved in the dissemination of material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, including but not limited to adult arcades, adult bookstores, adult theaters, and adult entertainment cabarets.

ADULT ENTERTAINMENT CABARET

A public or private establishment which is licensed to serve food, nonalcoholic beverages and/or alcoholic beverages, which features topless dancers, nude dancers, strippers, male or female impersonators or similar entertainers.

ADULT THEATER

An enclosed building or structure or portion of a building or structure used for presenting film or similar materials or performances by live persons having as a dominant theme material distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons therein.

SPECIFIED ANATOMICAL AREAS

(1) Less than completely and opaquely covered:

(a) Human genitals or pubic region.

(b) The cleavage of the human buttocks.

(c) That portion of the human female breast encompassed within an area falling below the horizontal line one would have to draw to intersect a point immediately above the top of the areola (the colored ring around the nipple). This definition shall include the entire lower portion of the breast but shall not be interpreted to include any portion of the cleavage of the breast exhibited by a dress, blouse, shirt leotard, bathing suit or other wearing apparel, provided that the areola is not so exposed.

(2) Human male genitals in a discernibly turgid state, even if completed and opaquely covered.

SPECIFIED SEXUAL ACTIVITIES

(1) Human genitals in a state of sexual stimulation or arousal.

(2) Acts of human masturbation, sexual intercourse or sodomy.

(3) Fondling or other erotic touch of human genitals, pubic region, buttocks or female breasts.

C. Special permit.

(1) Uses defined in Subsection B above shall only be permitted upon issuance of a special permit, in accordance with § 227-125, in the districts designated and subject to the standards set forth in Subsection D below.

(2) A special permit issued under this section shall be reviewed annually in accordance with the provisions of § 227-130.

D. Location and standards for adult uses.

(1) Adult bookstores are permitted only in the B-3 District, subject to the following standards and all other relevant requirements of this Zoning Law:

(a) Such use shall not be located within 200 feet of a residential district (R-A, R-1, R-2, R-3 or R/O).

(b) Such use shall not be located within 200 feet of a school, religious institution, day-care facility, hospital, community center or public park.

(c) Such use shall not be located within 100 feet of a similar use.

(d) Such use shall not be located in any building or on any lot of which any portion is used for residential purposes.

(2) Adult businesses, other than adult bookstores, are permitted only in the I-2 District, subject to the following standards and all other relevant requirements of this Zoning Law:

(a) Such uses shall not be located on a lot within 300 feet of the boundary of any residential district.

(b) Such uses shall not be located within 500 feet of a school, religious institution, day-care facility, hospital, community center or public park.

(c) Such uses shall not be located within 200 feet of a similar use.

(d) Such uses shall not be located in any building or on any lot of which any portion is used for residential purposes.

(3) No adult business shall be conducted in any manner that permits the observation of any material depicting, describing or relating to specified sexual activities or specified anatomical areas from the exterior of the building in which the use is located. This provision shall apply to any display, decoration, sign, show window, screen or other opening.

(4) No loudspeaker or similar audio equipment used to describe or discuss specified anatomical areas or specified sexual activities shall be audible beyond the exterior of the building in which it is located.

E. Distance measurements. For the purposes of this chapter, distance measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest part of the portion of the building or structure used as an adult business to the nearest property line of the premises of a church, school, public park or public recreation area or to the nearest boundary or a residential zoning district.

F. Exclusions. The provision of this section shall not apply to licenses or accredited schools or museums, private artists' studios or galleries not open to the general public or activities in a private residence by the occupants thereof.

§ 227-25.2 Senior citizen housing.

[Added 12-6-1999 by L.L. No. 4-1999]

A. Purpose. The Village Board recognizes that there is a community need to provide housing facilities for senior citizens who do not need skilled nursing care and who are capable of providing for their ordinary, routine necessities of life. It is the intent of this section to encourage the development of moderately priced multiple-dwelling units for senior citizens, to ensure that such developments provide the basic services and facilities to accommodate residents' needs and to minimize detrimental effects on neighboring properties.

B. Permitted uses. The following uses are permitted within a senior citizen housing site, upon approval of a special permit by the Planning Commission:

(1) Multiple or attached dwellings, provided that such dwelling units for the occupancy of senior citizens and their immediate families. Specifically excluded are nursing homes, group residences and rooming or boarding houses.

(2) Exceptions. Notwithstanding the provisions of Subsection B(1), one unit in a senior citizen housing site may be occupied by a project superintendent or manager and his/her family.

(3) Accessory structures/uses. The following accessory structures and uses are permitted.

(a) Any facilities necessary to meet the proper maintenance, security, storage and utility needs of the development.

(b) Ancillary uses providing services or amenities only for site residents, such as but not limited to recreation rooms, lounges, self-service laundries, exercise rooms and similar facilities.

C. Occupancy. Occupancy of dwelling units in senior citizen housing shall be limited to the following individuals in one- or two-bedroom dwellings only:

(1) Elderly or disabled persons who qualify as senior citizens.

(2) A husband or wife who is residing with his or her spouse who qualifies as a senior citizen.

(3) One child or grandchild residing with their parents or grandparents where on of said parents or grandparents qualifies as a senior citizen, provided that said child or grandchild in 18 years of age or over.

(4) Surviving members of a family living with a qualified senior citizen at the time of his or her death.

D. Development standards, R-2 District. Senior citizen housing in the R-2 District shall be subject to the following standards as well as other applicable standards of this law:

[Amended 2-12-2001 by L.L. No. 1-2001]

(1) Minimum lot area: 100,000 square feet.

(2) Minimum yards: same as in the R-3 and R/O Districts.

(3) Maximum building coverage: 25%.

(4) Maximum height: two stories/35 feet.

(5) Maximum density: 12 dwelling units per acre.

(6) Minimum parking: 0.5 space per dwelling unit.

(a) In addition to parking actually provided, as area capable of establishing a total of one parking space per dwelling unit shall be graded and planted with grass. The Planning Commission may require, in the future, that such area be paved to meet demonstrated parking demand.

E. Development standards, B-1 District. Senior Citizen Housing in the B-1 District shall be subject to the following standards as well as other applicable standards of this law:

[Added 2-12-2001 by L.L. No. 1-2001[1]]

(1) Minimum lot area: 40,000 square feet.

(2) Minimum yards:

(a) Front: None.

(b) Side and rear: 15 feet.

(3) Maximum building coverage: 50%.

(4) Maximum height: three stories/40 feet.

(5) Maximum density: one dwelling unit per 1,500 square feet.

(6) Minimum parking: 0.5 spaces per dwelling unit.

(7) In addition to parking actually provided, an area of capable of establishing a total of one parking space per dwelling unit shall be graded and planted with grass. The Planning Commission may require, in the future, that such area be paved to meet demonstrated parking demand.

[1] Editor's Note: This local Law also provided for the renumbering of former Subsection E, Procedures, as Subsection F.

F. Procedures. Application for a special permit for senior citizen housing shall be submitted and reviewed in accordance with the procedures set forth in §§ 127-125 through 127-131 hereof.

§ 227-25.3 Timber harvesting.

[Added 8-13-2012 by L.L. No. 5-2012]

Timber harvesting, as defined herein, may be allowed in the R-A, R-1A and R-1 Districts subject to issuance of a special permit, in accord with §§ 227-125 through 227-130, and the following provisions:

A. Applicability: The provisions of this section shall apply to any parcel, or contiguous parcels, on which more than 10 standard cords, 1,000 cubic feet or 5,000 board feet of wood are cut or removed in one calendar year.

B. Exemptions. These provisions shall not apply to the following:

(1) Harvesting of trees and firewood for the personal use of the property owner on the same site.

(2) Reasonable site clearing preparatory to construction of a building for which a building permit has been issued.

(3) Clearing of land for rights-of-way for utilities.

(4) Clearing and maintenance of land for agricultural purposes.

C. Management plan. The special permit application shall include a forest management plan that shows the following information, unless waived by the Planning Board:

(1) Land area of the site to be logged.

(2) Location of the site on a Tax Map, a United State Geological Survey topographic map and a United States Department of Agriculture soils survey map.

(3) Approximate existing number of trees.

(4) Approximate number of trees to be harvested.

(5) Assessment of streams, water bodies and wetlands on the site and of the impact of logging activities upon these features.

(6) Assessment of specific soil types and slopes present on site and of erosion and stormwater control measures to be implemented.

(7) Measures to preserve wildlife habitats, and listing of known threatened and endangered species.

(8) Measures to preserve aesthetic values.

(9) Plans for maintenance and repair of public roads, loading areas and access paths.

(10) Establishment of buffer zones to mitigate visual impact of the site from adjoining roads, neighboring parcels and nearby prominent elevations.

(11) Cleanup and reclamation plans.

(12) The location of major skid roads and loading areas.

(13) A time schedule for all above activities.

D. Standards and conditions. The following standards and conditions shall also apply to timber harvesting operations:

(1) The owner of the property shall submit a letter or affidavit granting permission to the logger or operator, by name, to cut trees and designating the areas in which they may be cut.

(2) The Code Enforcement Officer shall request recommendations, in writing, from the Village Street Department as to such matters as specified entrance and exit locations from Village streets to the logging site, with signs posted noting "truck entrance."

(3) The loading area and loading operation and storing of logs shall be located at least 30 feet from the traveled way of any highway.

(4) Timber shall not be skidded across any streets or highway nor shall log skidders cross same as part of the logging operation at any time.

(5) The New York State Department of Environmental Conservation shall approve the crossing of any regulated stream as part of any logging operation, where required by law.

(6) All debris resulting from tree cutting along the highway and at the loading area within 50 feet of the street or highway shall be cleaned and removed by the applicant.

(7) An off-street parking area for logging equipment and other vehicles shall be located on the logging site at least 30 feet from any adjacent streets or highways.

(8) Logging operations shall occur only within the bounds of the property leased or designated for tree cutting by the owner and shall not occur within 50 feet of any property line. No logging operations shall occur within 20 feet of the bounds of any stream.

(9) The adjacent public highway shall be cleaned each and every day, to the satisfaction of the Code Enforcement Officer, of mud and debris left on the highway as a result of the logging operations.

(10) The Code Enforcement Officer shall inspect the logging operation on a frequent basis, and loggers shall be held responsible for any damage to pavement, shoulder, roads or drainage areas connected with adjacent highways being used for logging operations. The Code Enforcement Officer shall have the authority to issue a stop-work order in any case where the Code Enforcement Office believes that a Village roadway or bridge is in jeopardy from the logging operation.

(11) Because of narrow roads and potential conflicts with school bus operations, and to avoid unnecessary disruption to Village of Ellenville residents, loggers may be restricted from transporting logs during certain hours or periods of the day.

(12) Upon completion of the logging operation, damaged slopes and areas will be graded and seeded (if required), and tops of logged trees shall be cut into small sections and left upon the logging site.

(13) By applying for and obtaining a special permit for a logging operation, the logger agrees to indemnify, defend and hold harmless the Village, its officers, employees, agents, or any of them from and against any losses, damages, and drainage problems related to logging, liabilities, expenses, costs (including attorneys' fees) claims, suits, demands, actions, causes of action, proceedings, judgments, assessments, deficiencies and charges on account of physical damage to tangible property and personal injuries, including death, to the Village, its officers, employees or agents and other persons arising from any occurrence caused by negligent or willful acts or omissions of the logger, its employees, agents, contractor or representatives, with regard to the logger's logging operations and transportation of logs.

(14) All loggers operating in the Village of Ellenville adjacent to any Village road shall post financial security in the amount of not less than $10,000, for the purpose of assuring compliance with this chapter and the directions of the Code Enforcement Officer, in such form and in such amounts as determined by resolution of the Village Board of the Village of Ellenville for each logging operation or loading area location. Such security aforesaid shall be in the form of a cash bond, certified check, letter of credit or surety bond in such amounts as determined by the Village Board. An additional sum, to be determined by the resolution of the Village Board, shall be deposited with the Village for each additional loading area. The loading area shall consist of not more than 100 linear feet adjacent to one side of a Village highway. The Code Enforcement Office shall make a written recommendation to the Village Board with respect to the security deposit required in this Subsection D(14). The Planning Board shall recommend to the Board of Trustees an amount of security and/or bonding to be paid to or deposited with the Village in respect to possible damage to public improvements or neighboring properties. The Code Enforcement Officer may consult with the Village Engineer with respect to said sums, and the logger shall be required to pay for said consultation.

(15) For any logging operation, the logger shall provide the Village Clerk with a certificate of insurance and a policy from a New York State admitted carrier, naming the Village as the coinsured or additional insured on a liability insurance policy providing coverage for not less than $1,000,000 for death or injury to persons and damage to property.

(16) No logging operation shall take place in the Village of Ellenville during those periods as the Village Board shall determine, upon recommendation of its Code Enforcement Officer, based upon existing weather and road conditions.

(17) The Code Enforcement Officer shall, prior to the logger conducting logging operations, determine the carrying load limit of logging trucks and routes that they shall be permitted to take.

(18) All timber harvesting practices shall comply with proper land/forest management practices and environmental protection as per New York State Department of Environmental Conservation (NYSDEC) Timber Harvesting Guidelines to the greatest extent practicable.

(19) At the recommendation of the Code Enforcement Officer or the Village Planning Board, the following actions may be required:

(a) Back blade landings and access roads so they are smooth, level and free of ruts and mud holes;

(b) Placement of diversion devices to prevent erosion onto Village roads;

(c) Regrading and cleaning ditches along the roadside and closing temporary roads; and

(d) Where needed, seeding of access roads, landings and ditches.

§ 227-25.4 Artist lofts.

[Added 7-10-2006 by L.L. No. 11-2006]

An existing building may be used for one or more artist lofts, subject to the issuance of a special permit by the Planning Board and the standards and conditions set forth below.

A. Development standards.

(1) An artist loft may exist on the first floor of a structure only if it satisfies all of the following conditions:

(a) The artist loft is arranged in such a fashion that the residential portion is located on the second floor of the building. This provision shall not be applicable to artist lofts that are not visible from or do not have frontage on a public street.

(b) Retail functions occur on the first floor of the artist loft.

(c) The appearance of the loft from the street shall be consistent with the retail or business nature of the surrounding area.

(d) The entrance to the artist loft, including retail, studio and residential area, is exclusive and shall not be shared with any other artist loft in the building.

(2) Each artist loft shall be separated from other artist lofts or other uses within a particular building. Access to artist lofts may be provided from common access areas, halls or corridors.

(3) Each artist loft must be individually equipped with an enclosed bathroom containing a three-fixture bathroom sink, water closet, shower or tub and appropriate venting.

(4) Each artist loft must be individually equipped with a kitchen.

(5) Each artist loft must contain a usable floor area of no less than 800 square feet.

(6) No more than 25% of the usable floor area of the artist loft may be devoted to residential space. In no event may said residential area exceed 500 square feet.

(7) Direct access between living and working areas must be provided, and no separate access/egress to the residential area is permitted except for emergency access/egress.

B. Other requirements.

(1) In order to ensure that the use is consistent with other commercial uses, artist lofts shall not be used for classroom or instructional uses with more than two pupils at any one time, storage of flammable liquids or hazardous materials; welding; or any open-flame work. Further, the creation of art shall be so conducted as not to cause noise, vibration, smoke, odors, humidity, heat, cold, glare, dust, dirt or electrical disturbance which is perceptible by the average person located within the first floor space or any other commercial or residential unit within the structure or beyond any lot line.

(2) No more than two persons may reside within an artist loft.

(3) Only one nonresident employee may be employed within an artist loft. This requirement may be waived for artist lofts that occur on the first floor of a structure that provides retail space on the first floor.

(4) Other than in a first-floor retail-oriented area, articles offered for sale within an artist loft must include those produced by the artist occupying said artist loft and may be offered with other like items.

(5) Residential and work space shall not be rented separately or used by persons other than those people legally residing within the artist loft.

(6) Except in the B-1 District, a minimum of one parking space per artist loft must be provided on the site.

C. Procedures.

(1) Renewal of special permits. All special permits for artist lofts shall be subject to periodic renewals by the Planning Commission. Such renewal shall be based upon a written statement from the Code Enforcement Officer that said artist loft is in conformity with the terms of its special permit and with the terms of this chapter pertaining to said use.

(2) An artist loft which remains vacant for a period of more than one year shall only be reoccupied following application for and approval of a special use permit.

D. Waiver or modification of development standards or requirements in the I-1 and I-2 Districts. The Planning Board may waive or modify, subject to appropriate conditions, the provision of any or all such development standards or requirements in the I-1 and I-2 Industrial Districts as, in its judgment of the special circumstances of a particular special permit application, are not requisite in the interest of the public health, safety, and general welfare, or which in its judgment are inappropriate or unnecessary.

§ 227-25.5 Assisted living units.

[Added 12-10-2012 by L.L. No. 6-2012]

A. Purpose. The Village Board recognizes that there is a community need to provide housing facilities for senior citizens who do not need skilled nursing care but do require support and assistance with their daily living in a monitored, home-like setting. It is the intent of this section to permit development of assisted living facilities for senior citizens, to ensure that such developments provide the basic services and facilities to accommodate residents' needs and to minimize detrimental effects on neighboring properties.

B. Permitted uses. The following uses are permitted within an assisted living housing site, upon approval of a special permit by the Planning Commission:

(1) Assisted living units for occupancy by senior citizens, excluding nursing homes, group residences and rooming- or boardinghouses.

(2) No more than one dwelling unit for occupancy by a project superintendent or site manager and his/her family.

(3) Accessory structures and uses. The following accessory structures and uses are permitted:

(a) Any facilities necessary to meet the proper maintenance, security, storage and utility needs of the development.

(b) Ancillary uses providing services or amenities only for site residents, such as but not limited to recreation rooms, lounges, rehabilitation facilities, exercise rooms and similar facilities.

(c) Personal services, professional offices or commercial uses which are otherwise permitted in the zoning district. Such uses shall only be located on the ground floor of a structure.

C. Development standards. Assisted living units shall be subject to the following standards as well as other applicable standards of this chapter:

(1) Minimum lot area: 500 square feet of lot area for each assisted living unit.

(2) Minimum yards:

(a) Front: None in B-1 District; 25 feet in R/O and B-2.

(b) Side and rear: 20 feet in B-1 District and 25 feet in R/O and B-2.

(c) In addition to parking otherwise required for permitted service, office or commercial uses, one parking space shall be provided for every two employees of the assisted living facility during the maximum shift.

D. Procedures. Application for a special permit for assisted living units shall be submitted and reviewed in accordance with the procedures set forth in §§ 127-125 through 127-131 hereof.

§ 227-25.6 Standards and procedures for short-term lodging.

[Added 6-22-2020 by L.L. No. 2-2020]

A. Definitions. Short-term lodging, as defined herein, is permitted only upon the issuance of a permit for such use and subject to the following conditions:

AUTHORIZED AGENT

An adult designated by a short-term lodging operator who resides within five miles of the property and is required to be available to address issues or emergencies that may arise during any short-term lodging occupancy.

SHORT-TERM LODGING OPERATOR

An owner of a property who offers that property for short-term lodging.

B. A dwelling used for short-term lodging shall comply with the following conditions:

(1) Be open and accessible, upon timely request, for inspection by authorized Village or county personnel.

(2) Comply with the requirements of the current New York State Fire Prevention and Building Code.

(3) Provide a working, multipurpose fire extinguisher and working smoke and carbon monoxide detectors as prescribed by the New York State Fire Code.

(4) Post a plan on the inside of the door to each bedroom showing the exit pathway to the nearest exit from the dwelling.

(5) There shall not be any external sign or other visible display that indicates the availability of short-term lodging on the premises.

C. A short-term lodging operator shall:

(1) Be the owner of the property used for short-term lodging.

(2) Assume responsibility for determining whether any regulations, prohibitions or covenants apply to the dwelling or property which prohibit or restrict short-term lodging.

(3) Designate at least one person who consents to serve as an authorized agent for the lodging operator. Contact information (name, address, telephone and email address) for all authorized agents must be provided in the application for a short-term lodging permit, posted in a prominent location within the short-term lodging dwelling and included in any written material provided to lodgers during their stay.

D. Short-term lodging use is subject to the following conditions:

[Amended 12-14-2020 by L.L No. 2-2021]

(1) A dwelling shall not be used for short-term lodging for a cumulative total of more than 90 nights in any calendar year.

(2) The maximum number of lodgers per night shall not exceed six adults, except as provided in Subsection D(2)(a) and (b) below.

(a) An applicant may request approval of an additional number of lodgers, up to a maximum of 10, upon submission and approval of an application for a special use permit in accord with § 227-125.

(b) An applicant may request approval of a special use permit to accommodate between 11 and 25 lodgers subject to the following standards and conditions in addition to other applicable standards herein:

[1] The lodging facility must be a single-family dwelling with a minimum floor area of at least 3,000 square feet and at least 200 square feet per proposed occupant.

[2] The period of occupancy by more than 10 lodgers shall be limited to no more than seven consecutive nights. There shall be at least five consecutive nights between such occupancies.

[3] The street providing direct access to the lodging facility shall have sufficient width to accommodate two-way traffic.

[4] At least 80% of the required parking spaces for the lodging facility [see Subsection D(6) below] shall be provided on the site.

[5] Access to the site may be provided by bus or van (in addition to private passenger vehicle) for pickup or drop-off only. No such bus or van shall exceed a length of 22 feet or a width of seven feet and shall have a maximum capacity of 17 passengers. Such buses or similar vehicles may be parked on the site for no longer than five minutes during which time the motor shall be turned off.

[6] The applicant shall submit a written plan which sets forth the provisions which will apply to any outside gathering of 10 or more people, including, but not limited to, hours of operation and location of activities for review and approval by the Planning Commission.

(3) No more than two adults shall occupy a bedroom utilized for short-term lodging.

(4) All lodgers occupying a short-term lodging facility at one time shall be associated with one rental contract. No more than one rental contract per night shall be permitted in any dwelling.

(5) No events or activities such as weddings, banquets, business meetings, fund raisers or other activities which are attended by persons who are not authorized lodgers shall be permitted under a short-term lodging permit.

(6) At least one off-street parking space shall be provided for every two lodgers that can be accommodated on the site or within 200 feet.

(7) Trash and refuse shall not be stored within public view except for the purpose of collection on scheduled trash collection days.

(8) A short-term lodging operator must maintain a guest log including the name, address and telephone number of all lodgers. The log must be submitted to the Code Enforcement Officer annually, in January, and made available, upon request, to any Village official responsible for enforcement of these regulations.

(9) Short-term lodging is prohibited in detached accessory structures or designated affordable housing units.

(10) The property owner or authorized agent must keep the sidewalk and driveway free and clear of snow and ice at all times in compliance with § 171-11.

E. Required permit approval and registration.

(1) An application for a short-term lodging permit must be submitted to the Village Code Enforcement Officer (CEO) on a form furnished for that purpose and accompanied by a fee established by the Village Board of Trustees.

(2) The CEO shall forward the application to the Planning Commission for its review and recommendations regarding approval of the permit, including any conditions to be attached. The Planning Commission shall place the application on its agenda and inform adjacent property owners of such application at least five days prior to said meeting.

(3) Following review by the Planning Commission, the CEO shall determine whether the application complies with the standards and requirements herein and shall consider the recommendations of the Planning Commission. Upon a determination that the permit warrants approval, the permit shall be issued, subject to any relevant conditions, and will be valid for a period of one year from the date of issuance. The permit shall be renewed subject to the submission of an application and the provisions herein.

(4) Each short-term lodging facility shall be registered with Ulster County, as required by Ulster County Local Law No. 5 of 1991, within 30 days of approval. A copy of such registration shall be provided to the CEO.

F. Fees shall be required for the following: initial application, annual permit and annual fire safety inspection. The amount of such fees shall be as included in the Fee Schedule approved periodically by the Village Board of Trustees.

G. Penalties for offenses.

(1) The property owner or authorized agent, upon notification that any occupant or guest of a short-term lodging unit has created unreasonable noise or disturbances, or engaged in disorderly conduct, or committed violations of provisions of the Village Code or any state law, shall promptly respond in a timely and appropriate manner to prevent a recurrence of such conduct.

(2) Every person convicted of a violation of any of the provisions of this chapter shall, for the first conviction thereof, be punished by a fine of not less than $1,000; for a second or subsequent conviction within 12 months after any previous conviction, such person shall be punished by a fine of not less than $1,000 and revocation of the short-term lodging permit.