Dressmakers, milliners and tailors.

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

Artists, sculptors or authors.

Physicians, dentists or other licensed medical practitioners.

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

Ministers, rabbis and priests.

Carpentry, cabinetmaking, furniture repair or upholstering and rug cleaning.

Animal hospital or kennel.

Automotive repair or body shop.

Restaurant, tavern and store.

Mortuary.

Beauty parlor or barbershop.

Nursery school.

Repair of small appliances, cameras, watches, etc.

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

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.

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

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.

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

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

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.

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

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.

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.

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.

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.

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.

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

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

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.

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.

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.

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

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

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:

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.

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.

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.

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.

Accessory structures/uses. The following accessory structures and uses are permitted.

Elderly or disabled persons who qualify as senior citizens.

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

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.

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

Minimum lot area: 100,000 square feet.

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

Maximum building coverage: 25%.

Maximum height: two stories/35 feet.

Maximum density: 12 dwelling units per acre.

Minimum parking: 0.5 space per dwelling unit.

Minimum lot area: 40,000 square feet.

Minimum yards:

Maximum building coverage: 50%.

Maximum height: three stories/40 feet.

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

Minimum parking: 0.5 spaces per dwelling unit.

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.

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

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

Clearing of land for rights-of-way for utilities.

Clearing and maintenance of land for agricultural purposes.

Land area of the site to be logged.

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.

Approximate existing number of trees.

Approximate number of trees to be harvested.

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

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

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

Measures to preserve aesthetic values.

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

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

Cleanup and reclamation plans.

The location of major skid roads and loading areas.

A time schedule for all above activities.

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.

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."

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

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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

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

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.

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.

Each artist loft must be individually equipped with a kitchen.

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

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.

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.

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.

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

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.

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.

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

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

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.

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.

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

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

Accessory structures and uses. The following accessory structures and uses are permitted:

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

Minimum yards:

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

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

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

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

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

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

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

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.

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

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

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

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.

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.

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.

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

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.

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

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.

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.

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.

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.

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.

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.

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.