This chapter shall be known and may be cited as the "Zoning Law of the Town of Goshen."
[Amended 2-23-2009 by L.L. No. 1-2009]
This chapter gives the people of Goshen regulatory tools to protect the rural character of their Town while also giving landowners a range of options and choices for the use, development and conservation of their land. It is designed to strike a balance between achieving the community's goals as expressed in the Town's Comprehensive Plan and protecting the property interests of landowners, providing a development approval process that is predictable, efficient and fair, and develops land in a way that meets the Town's needs for protected open space, recreational land and affordable housing. Within the undeveloped portions of the Town, most of which are classified as Rural (RU), there is a range of development options. An example of the method for calculating the acceptable ranges of density is contained in Appendix A of this document.[1]
A. 
How this chapter works. This section provides a brief overview of how to find information in this chapter.
(1) 
This chapter divides the Town into land use districts and establishes rules for the use of land in each district. The text is accompanied by a Zoning Map which shows where the various districts are located.
(2) 
The Use Table in Article III tells what uses are allowed in each district. The definitions in Article XII explain what the different use categories in the table mean. Several of the uses are also regulated by "supplementary regulations" in Article VII, which are referenced in the Use Table.
(3) 
Article III also contains specific regulations for the AI (black dirt), CO, HC, I and HR Districts. These regulations cover lot size, setbacks and other requirements about the permissible amount, size, type and location of development on a lot.
(4) 
Most of the undeveloped land in the Town is located in the RU District. Article IV covers the range of development options that are available to landowners in that district, including small-scale development, open space development, and conservation density development. The purpose of providing this range of options is to give maximum flexibility and choice to landowners while protecting the Town's special character.
(5) 
Article V covers "overlay" districts, which are designed primarily to protect special resources from inappropriate development and to maintain the Town's scenic character. The provisions of these districts apply in addition to those of the "underlying" land use district. The Aquifer Overlay (AQ) District is particularly important because it establishes densities that are based upon limitations in the Town's groundwater resources.
(6) 
Article VI contains rules for allowing the continuation of buildings and uses that were legal under previous regulations but do not conform to this chapter. This is sometimes referred to as "grandfathering."
(7) 
Supplementary regulations in Article VII contain additional requirements for specific types of uses and structures (such as home occupations, signs and parking), as well as performance standards for all development. (Supplementary regulations for wireless communications facilities are in Article XIII.)
(8) 
Articles VIII and IX explain the procedures for obtaining various types of permits from the Town, including land use permits from the Building Inspector, special permits and site plan approval from the Planning Board, and variances from the Zoning Board of Appeals. Article X contains the procedures for amending this chapter to change the map or the text.
B. 
How to use this chapter. Landowners and others who use this chapter are encouraged to meet with the Building Inspector to discuss how this chapter applies to their property. For any large-scale development (a large business or a development of several homes), it is also a good idea to consult the Town's Comprehensive Plan to understand how to make a proposed development fit within the Town's vision of its future. The usual sequence of steps in using this chapter is as follows:
(1) 
Check the Zoning Land Use District Map to determine what land use district(s) your land is in.
(2) 
Consult the Use Table in Article III, along with any relevant definitions and the text of Article III, to determine whether your proposed use is allowed in that district, what permits may be needed to approve it, and what setbacks and other dimensional standards apply. Also check the specific sections that deal with the district your land is located in as well as any supplementary regulations in Article VII that may apply to your proposed use. (These are referenced in the Use Table.)
(3) 
If your land is in the Rural (RU) District, review the development options provided in Article IV to determine which you want to pursue.
(4) 
Check the Overlay District Map to see which of the overlay districts may apply to your land. Review the provisions of applicable overlay districts in Article V, especially the AQ Overlay (§ 97-27), to see how they may affect what you can do with your land.
(5) 
If you have an existing use that is no longer permitted, or if your existing building does not comply with dimensional standards for your zoning district, read Article VI to determine the extent to which it may be continued and/or expanded.
(6) 
If the Use Table indicates that your proposed use or structure can go forward with just a building permit or a zoning permit, refer to Article VIII. If the use will require a special use permit or site plan approval, turn to Article IX for the procedures to follow.
(7) 
If your proposed use or structure is not permitted, you may want to petition for either a variance from the Zoning Board of Appeals (as provided in § 97-69) or a zoning amendment from the Town Board (as provided in § 97-79). These options should be discussed with the Building Inspector before they are pursued. Any zoning amendment must be consistent with the Comprehensive Plan.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
[Amended 2-23-2009 by L.L. No. 1-2009]
This chapter regulates the location, design, construction, alteration, occupancy and use of structures and the use of land in the Town of Goshen, dividing the Town into land use districts. This chapter is enacted pursuant to the authority and power granted by the Municipal Home Rule Law of the State of New York, Article 2, § 10 et seq., and Chapter 62, Article 16, of the New York State Town Consolidated Laws, in conformance with the Town of Goshen Comprehensive Plan, to advance the goals of the Comprehensive Plan, to protect and promote public health, safety, comfort, convenience, economy, natural, agricultural, and cultural resources, aesthetics and the general welfare, and for the following additional specific purposes:
A. 
To conserve the natural resources and rural character of the Town by encouraging development in appropriate locations and by limiting building in areas where it would conflict with the Town's predominantly rural pattern and scale of settlement;
B. 
To protect the Town's fragile and threatened groundwater resources;
C. 
To encourage the continuation of profitable agriculture, to protect farmland from incompatible development, and to avoid regulating agricultural uses in a manner that unreasonably restricts or regulates farm structures or farming practices;
D. 
To minimize negative environmental impacts of development, especially in visually and environmentally sensitive areas such as along the Wallkill River and its tributaries, in aquifer and aquifer recharge areas, and on steep slopes, erodible soils, wetlands and their buffers, floodplains, active farmlands, and other designated open space resources;
E. 
In recognition of Goshen's natural beauty and environmental amenities, to protect the integrity of scenic views, ridgelines, natural terrain, existing and potential recreation areas, waterways, ground and surface water supplies, ecological systems, wetlands, wildlife habitat, and natural vegetation, and to maintain environmentally significant open space in its predominantly undeveloped state, in order to preserve the open and rural character of the Town, which enhance the Town's quality of life and the economic value of its property;
F. 
To preserve and protect lands and buildings that are historically significant and to enhance the aesthetic and architectural quality of the entire community;
G. 
To encourage economic activities that require large areas of contiguous open space, including agriculture, forestry, tree farming, and recreation, as well as the support services and industries that add value to these uses, such as food processing and tourist facilities;
H. 
To regulate building density in order to concentrate population in appropriate locations where municipal infrastructure is available or is likely to become available, and to ensure access to light and air, conserve open space, facilitate the prevention and fighting of fires, minimize the cost of municipal services, and accomplish the other purposes enumerated in New York Town Law § 263;
I. 
To integrate harmoniously different types of housing and to encourage pedestrian activity and reduce automobile traffic;
J. 
To provide a range of housing opportunities with due consideration for regional housing needs;
K. 
To protect residences from nonagricultural nuisances, odors, noise, pollution, and unsightly, obtrusive, and offensive land uses and activities, and to protect farmers from the impacts of residential development;
L. 
To improve transportation and to maintain a network of smaller country roads in areas designated for low-density development and the protection of open space, agriculture, steep slopes, and rural character;
M. 
To maintain the Village of Goshen as the Town's economic and social center, and to regulate development within the Town in a manner that does not detract from the economic viability of the Village;
N. 
To encourage a range of business activities in appropriate locations which are compatible with the Town's rural character and scale, and allowing large-scale business and industry in well-buffered locations with good transportation access;
O. 
To reduce traffic congestion on major roads by establishing a pattern of density, settlement and circulation that avoids exacerbating problematic intersections, reduces the need for driving, provides alternative routes between destinations, and encourages walking, bicycling and public transportation;
P. 
To encourage the conservation of energy and the appropriate use of solar and other renewable energy resources;
Q. 
To provide a flexible system of land use regulation that enables the Town's economy and population to grow, while preserving the most important natural, historic, scenic, architectural and cultural features; and
R. 
To base such flexible land use regulations on the unique characteristics of the landscape, the needs of the people of the Town of Goshen, the rights of landowners to make economically beneficial use of their land, and the impact of proposed land uses on the natural and human environment, and to avoid patterns of development that adversely affect the scenic, historic, rural and natural character of the Town.
All provisions of this chapter shall be construed to fulfill the purposes stated in § 97-3 above. For interpretation procedures see § 97-63.
The Town of Goshen encourages development that is compatible with the existing character of the Town. The Town Board hereby adopts the illustrated design guidelines published by the New York Planning Federation in 1994, titled "Hamlet Design Guidelines," "Building Form Guidelines," and "Rural Development Guidelines" (hereinafter the "guidelines"). Copies of these guidelines are contained in Appendix D hereof.[1] Where this chapter specifically requires that the guidelines be followed, they shall be mandatory. In other cases, they shall be advisory only. The guidelines shall be adapted to the specific requirements of this chapter and the circumstances of the Town of Goshen as the reviewing board deems appropriate.
[1]
Editor's Note: Appendix D is included at the end of this chapter.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare. It is not intended by this chapter to interfere with or abrogate or annul any easement, covenant, or other agreement between parties; provided, however, that when this chapter imposes a greater restriction on the use of structures or land or on the height of structures, or requires larger open spaces, or imposes any higher standards than are imposed or required by any other statute, law, ordinance, rule, or regulation or by any easement, covenant, or agreement, the provisions of this chapter shall control. Where the requirements of this chapter differ from the requirements of another statute, law, ordinance, rule, or regulation, the more restrictive shall govern.