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Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings. Words used
in the present tense shall include the future. Words used in the singular
number include the plural, and words used in the plural number include
the singular, unless the context clearly indicates the contrary. The
word "shall" is always mandatory. The word "may" is permissive. "Building"
or "structure" includes any part thereof. The word "lot" includes
the word "plot" or "parcel." The word "person" includes an individual
person, a firm, a corporation, a partnership, and any other agency
of voluntary action. The word "he" shall include "she" or "they."
The phrase "used for" includes "arranged for," "designed for," "intended
for," "maintained for," and "occupied for."
[Amended 11-22-2004 by L.L. No. 7-2004; 7-28-2005 by L.L. No. 7-2005; 2-23-2009 by L.L. No.
1-2009]
As used in this chapter, the following terms
shall have the meanings indicated:
A dwelling unit occupying the lesser of 1,000 square feet
or 30% of the floor space of an owner-occupied structure containing
a principal use that is single-family residential or nonresidential,
or a dwelling unit no larger than 1,000 square feet located on the
same lot as an owner-occupied single-family residential dwelling.
A structure detached from and subordinate to a principal
building on the same lot and used for purposes customarily incidental
to those of the principal building or use, including accessory apartments.
The physical connection of a principal structure to an accessory structure
by means of a breezeway, walkway, stairway, or other form of unenclosed
connection does not make the accessory structure into part of the
principal structure.
A use customarily incidental and subordinate to the principal
use or building.
A strip of land abutting a public or private road, providing access to a rear lot (see § 97-19F).
A bookstore, video store, nightclub, movie theater, retail
store, or other establishment which prominently features entertainment
or materials with sexually explicit content. An establishment which
sells such materials as an incidental part of its business or which
presents such material or entertainment primarily as a form of legitimate
artistic expression shall not be considered an adult entertainment
business.
Housing (both ownership and rental) that is affordable to
the people who live and work in the Town and Village of Goshen and
cannot afford market-rate housing in the Town.
[Amended 10-11-2018 by L.L. No. 3-2018]
An identification of farm operations within an agricultural
district located within 500 feet of the boundary of property upon
which a subdivision is proposed, as provided in § 305-a
of the Agriculture and Markets Law. An agricultural data statement
shall include the following information: the name and address of the
applicant; a description of the proposed project and its location;
the name and address of any owner of land within the agricultural
district, which land contains farm operations and is located within
500 feet of the boundary of the property upon which the project is
proposed; and a Tax Map or other map showing the site of the proposed
project relative to the location of farm operations identified in
the agricultural data statement.
The commercial utilization of land, water, and structures
for the raising, production, preservation, processing, storage, and
sale of agricultural commodities such as crops, plants, flowers, vines,
trees, sod, shrubs, livestock, poultry, fish, shellfish, honey, Christmas
trees, or dairy products, including a boarding stable and riding academy,
but not including light industry, or the use of land primarily for
the disposal of offal or garbage. A produce sales facility operated
in conjunction with a farm operation (as defined herein) shall be
deemed to be an agricultural accessory use. Agricultural activities
on residential parcel of seven acres or less shall be deemed to be
a residential accessory use. All other agricultural uses shall be
deemed to be commercial agriculture as defined herein.
As applied to a structure, a change to or rearrangement of
the structural parts or exterior appearance of such structure, or
any expansion thereof, whether by extension of any side or by any
increase in height, or the moving of such structure from one location
to another.
Features of a development that provide comfort and convenience
to the residents of a development, such as picnic areas, community
centers, lawn areas, walking paths and playgrounds.
The owner of a property, including any person, corporation,
or other entity authorized by the owner, who is applying for a building
permit, zoning permit, certificate of occupancy, special permit, site
plan or subdivision approval, variance, or zoning amendment.
Any area of land, including structures thereon, that is used
or designed to be used for the supply of gasoline or oil or other
fuel for the propulsion of motor vehicles, and which may include facilities
used or designed to be used for polishing, greasing, washing, spraying,
dry cleaning, or otherwise cleaning, servicing, or repairing such
motor vehicles.
A dwelling in which overnight accommodations, not exceeding
eight bedrooms, and breakfast are provided for transient guests for
compensation. A bed-and-breakfast must be the primary residence of
the owner/proprietor.
An establishment where horses are stabled for compensation,
including establishments where riding lessons are given, provided
that the establishment is not a "riding academy."
A structure having a roof supported by columns or walls for
the shelter, support, or enclosure of persons, animals, or property.
The vertical distance measured from the average elevation
of the proposed finished grade adjoining the building to the average
height of the highest roof surface. All structures shall have a maximum
building height of 35 feet unless otherwise provided in this chapter.
The Town official charged with the administration and enforcement of this chapter and Chapter 49 of the Goshen Town Code.
A building or structure in which is conducted the main or
principal use of the lot on which it is located.
Any piece of land where a person is buried, notwithstanding
that the site may not be recognized as a traditional cemetery.
Land dedicated for use for the burial of deceased persons,
including all public, private, religious, historic and/or family cemeteries,
as well as columbariums, mausoleums, and mortuaries when operated
as part of a cemetery and within its boundaries, but excluding crematoria.
The initiation of a use that is in a different use category,
as listed on the Use Table,[1] from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category, shall not be considered a change of use. See § 97-10E.
A not-for-profit corporation or association organized for
charitable purposes, including but not limited to education, social
welfare, environmental conservation, scientific research, cultural
enrichment, and the arts.
Any cutting of all or substantially all trees over six inches
in diameter at breast height.
Premises used by a not-for-profit organization catering exclusively
to members and their guests for social, recreational, athletic, or
similar purposes.
An agricultural enterprise, consisting of at least seven
acres and boarding at least 10 horses, regardless of ownership, that
receives $10,000 or more in gross receipts annually from fees generated
either through the boarding of horses or through the production for
sale of crops, livestock, and livestock products, or through both
such boarding and such production, not including operations whose
primary on-site function is horse racing.
The cutting and sale of 10 acres or more of standing timber.
A business operated for profit offering fully planned, integrated
recreational and educational uses, including, but not limited to,
rides and attractions, an aquarium, theaters, restaurants, hotels,
retail offerings and various supporting administrative facilities,
including offices and staff areas, as well as associated parking and
drainage facilities.
[Added 9-14-2017 by L.L.
No. 4-2017[2]]
A driveway serving no more than four lots, owned in common
or created by reciprocal easements.
An application for a special permit, site plan or subdivision
approval, zoning amendment, or variance found by the reviewing board
to satisfy all information requirements of this chapter and of the
New York State Environmental Quality Review Act ("SEQRA"), for which
either a negative declaration has been issued or a findings statement
has been accepted as satisfactory following a positive declaration,
all pursuant to SEQRA regulations.
A facility which produces compost for sale from the organic material in leaves, agricultural wastes, woodchips, grass clippings, pine needles, plants, stumps, tree trunks, yard waste, branches, brush, food and manure. This definition specifically excludes inorganic material and animal products and by-products other than manure. Composting which occurs as a normal household practice or which is part of a farm operation, with no material brought in from off-site or sold to the public, shall not considered a composting facility as defined herein, and shall be deemed a customary accessory use allowed by right. See § 97-58C.
The Comprehensive Master Plan adopted by the Town Board for
the future preservation and development of the Town of Goshen pursuant
to § 272-a of the Town Law, including any part of such plan
separately adopted and any amendment to such plan.
Complying with the use, density, dimensional, and other standards
of this chapter, or permitted to deviate therefrom by special permit,
site plan approval, or variance.
A perpetual restriction on the use of land, created in accordance
with the provisions of Article 49, Title 3, of the Environmental Conservation
Law or § 247 of the General Municipal Law, for the purposes
of conservation of open space, agricultural land, and natural, cultural,
historic, and scenic resources.
Lands consisting of wetlands, water bodies, watercourses,
one-hundred-year floodplains, cemeteries, easements and rights-of-way
restricting land use or slopes over 25% which contain 2,000 square
feet or more of at least ten-foot-wide contiguous sloped areas.
A mobile home unit used for nonresidential purposes associated
with on-site construction.
See "lot, corner."
A place where artists, artisans, craftsmen, and other skilled
tradespeople produce custom-made art or craft products, including
but not limited to baskets, cabinets, ceramics, clothing, flower arrangements,
jewelry, metalwork, musical instruments, paintings, pottery, sculpture,
toys, and weaving.
The highest part of a hill, ridge or ridge-like formation.
Any man-made change to improved or unimproved real estate,
including but not limited to construction or alteration of buildings
or other structures, as well as mining, dredging, filling, paving,
excavations, or drilling operations.
A private way providing vehicular access from a public or
private road to a residence or to a commercial or noncommercial establishment.
A lot or land or part thereof used for the disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose
of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles
or parts thereof or waste materials of any kind.
A building designed or used exclusively as living quarters
for one or more families.
A dwelling or dwellings containing separate living units
for three or more families on an individual lot.
A detached building designed for the use of one household,
including one or more persons living as a family, and wherein not
more than three boarders are sheltered and/or fed for compensation.
A detached building containing two dwelling units.
A building or portion thereof providing complete housekeeping
facilities for one family.
The detachment and movement of soil or rock fragments by
water, wind, ice, or gravity.
One person, or a group of two or more persons living and
cooking together in the same dwelling unit as a single housekeeping
entity.
Land and on-farm buildings, equipment, manure processing
and handling facilities, and practices which contribute to the production,
preparation and marketing of crops, livestock and livestock products
as a commercial enterprise, including a "commercial horse boarding
operation." Such farm operation may consist of one or more parcels
of owned or rented land, which parcels may be contiguous or noncontiguous
to each other.
A hedge, structure or partition erected for the purpose of
enclosing a piece of land or to divide a piece of land into distinct
portions or to separate two contiguous properties.
Land subject to a one-percent or greater chance of flooding
in any given year.
The sum of the areas of habitable or commercially usable
space on all floors of a structure, including the interior floor area
of all rooms (including bathrooms and kitchens), closets, pantries,
and hallways that are part of a dwelling unit or inside a commercial
building, excluding cellars or unfinished basements.
Area of the ground covered by a structure, including the
foundation and all areas enclosed by exterior walls and footings and
covered by roofing. In the case of party-wall buildings, each unit
shall be considered a separate structure for purposes of measuring
footprint area.
Use or management, including commercial logging, of a forest,
woodland, or tree plantation, and related research and educational
activities, including the construction, alteration, or maintenance
of roads, skidways, landings, fences, forest drainage systems, barns,
sheds, garages, and research, educational, or administrative buildings
or cabins directly and customarily associated with forestry use.
The side of a building or structure parallel to and closest
to a road or street. On a corner lot, both sides of a building facing
the street shall be considered the front.
An unenclosed structure not exceeding 12 feet in height without
solid walls, screens, electricity, or plumbing.
Spillover of artificial light beyond the area intended for
illumination in a manner which either impairs vision or beams light
onto adjoining properties or toward the sky.
A reference plane representing the average of finished round
level adjoining the building at exterior walls. Where the finished
round level slopes away from the exterior walls, the reference plane
shall be established by the lowest points within the area between
the building and the lot line or, where the lot line is more than
six feet (1,829 mm) from the building, between the building and a
point six feet (1,829 mm) from the building.
Any excavation, alteration of land contours, grubbing, filling,
or stockpiling of earth materials.
A hospital, nursing home, medical clinic, or office building
for doctors and other medical personnel.
An occupation, trade, profession, or other business activity
resulting in a product or service for compensation, conducted wholly
or partly in a dwelling unit or accessory structure.
See "lodging facility."
Any structure, surface, or material that substantially reduces
or prevents absorption of stormwater into the ground.
The ratio between impervious surface and total land area
of a lot (excluding wetlands, watercourses, and floodplains) expressed
as the percentage of land covered by impervious surfaces.
A road constructed off of an existing public street that
provides access to the interior of a parcel.
A lot, land or buildings or part thereof used for or occupied
by the deposit, collection or storage of used or discarded materials,
including but not limited to wastepaper, rags or scrap material; used
building materials, house furnishings, machinery or parts thereof;
or used or discarded motor vehicles or parts thereof, with or without
the dismantling, wrecking, processing, salvage, sale or other use
or disposition of the same. The deposit or storage on a lot, vacant
or improved, of more than one motor vehicle, unlicensed and no longer
in condition for legal use on the public highway, for more than two
weeks in any residential district, or more than two such motor vehicles
for more than two weeks in any nonresidential district, shall be deemed
to be a "junkyard."
Any establishment including cages, dog runs, and structures
wherein more than six dogs which are over six months old are kept
for sale, boarding, care, or breeding for which a fee is charged.
A disposal facility as defined under Part 360, Solid Waste
Management Facilities, Title 6 of the New York State Official Compilation
of Codes, Rules and Regulations, latest revision, and associated definitions.
Manufacture, assembly, treatment, processing, or packaging
of products that does not emit objectionable levels of smoke, noise,
dust, odor, glare, or vibration beyond the property boundaries.
Any hotel, motel, inn, or other establishment providing sleeping
accommodations for transient guests, with or without a dining room
or restaurant, excluding bed-and-breakfast establishments.
A lot at the junction of and abutting on two or more intersecting
roads.
The property lines that bound a lot as defined herein.
Any lot which has been established as such by plat, survey
record, or deed prior to the date of this chapter as shown on the
records in the office of the County Clerk.
An area of land with definite boundaries, all parts of which
are owned by the same person(s) or entities, the boundaries of which
were established either by the filing of an approved subdivision plat
or by the recording of a deed prior to the adoption of Subdivision
Regulations of the Town of Goshen on June 17, 1968.
A lot on which the buildable area is located generally to
the rear of other lots having frontage on the same road as such lot
and having access to the road via a strip of land that does not have
the minimum road frontage ordinarily required in the land use district.
A lot which faces on two streets at opposite ends of the
lot and which is not a corner lot.
A proposed use that requires a special permit or site plan
approval and that exceeds any of the thresholds for a minor project.
See "club, membership."
A use or combination of uses on a lot or a series of adjoining
lots that requires either site plan review or a special permit and
that, over a three-year period, falls under the following thresholds:
Construction of four multifamily dwelling units
or a lodging facility with six bedrooms.
Construction of facilities or structures for
a nonresidential use covering 3,000 square feet of building footprint.
Alteration of existing structures or expansion
of such structures by 1,000 square feet.
Conversion of existing structures totaling 5,000
square feet to another use.
Alteration and active use of 10,000 square feet
of land, with or without structures.
Soil mining that does not require a Department
of Environmental Conservation permit.
Land used for the keeping of goods, wares, equipment, or
supplies outside of a structure.
Oil or petroleum of any kind and in any form, including but
not limited to oil, petroleum, fuel oil, oil sludge, oil refuse, oil
mixed with other wastes and crude oils, gasoline and kerosene.
A development in which the residential occupants are restricted in age, as described in § 97-15P.
A map or plan submitted to the Planning Board as part of
an application for subdivision approval.
A map or plan showing the boundaries of a parcel and all
structures and important physical features on it, drawn to scale with
accurate dimensions, and submitted with an application for a minor
project special permit or a variance.
A lot, together with all the structures and uses thereon.
See "building, principal."
A privately owned road held in common ownership or easement
by a homeowners' association.
Central or communal sewage collection and/or treatment and
central or communal water supply systems approved by the Town Board
for operation and maintenance, including systems involving common
septic tanks or leach fields or other forms of decentralized sewage
treatment managed by an improvement district or sewage disposal management
district.
An installation used by a public agency or franchised public
utility to supply or transmit electric, gas, water, cable television,
telephone, or other utility service, excluding electric power plants,
windmills and gas wells. Included are such facilities as electric
substations, high-voltage transmission lines, pump stations, water
supply wells, water towers, communication towers, and telephone substations.
Utility distribution facilities serving customers directly are considered
customary accessory uses, not public utility facilities.
Ionizing radiation; that is, any alpha particle, beta particle,
gamma ray, x-ray, neutron, high-speed proton, and any other atomic
particle producing ionization, but shall not mean any sound or radio
wave, or visible, infrared, or ultraviolet light.
Any material in any form that emits radiation spontaneously,
excluding those radioactive materials or devices containing radioactive
materials whose receipt, possession, use and transfer are exempt from
licensing and regulatory control pursuant to regulations of the New
York State Department of Labor or United States Nuclear Regulatory
Commission.
See "lot, rear."
An area of land or water set aside, or reserved for use by
residents of a development, designed and equipped for the conduct
of sports and leisure-time activities, including areas for aerobic
exercises, game courts, swimming, etc. The number and type of facilities
should be chosen to anticipate a range of property owners.
A business which, for compensation, offers recreational services,
including but not limited to public stables, golf courses and driving
ranges, miniature golf, movie theaters, and other places of public
or private entertainment.
A church, synagogue, or other place of religious worship,
as well as a monastery or other place of religious retreat.
Any building used as a group residence or extended-care facility
for the care of persons, where compensation and/or reimbursement of
costs is paid to an operator, pursuant to state or federal standards,
licensing requirements, or programs funding residential care services.
See "dwelling unit."
A use of land and structures in which people live and sleep
overnight on a regular basis.
An establishment selling goods to the general public for
personal and household consumption, including but not limited to an
appliance store, bakery, delicatessen, drugstore, florist, grocer,
hardware store, liquor store, newsstand, shoe store, stationery store,
convenience store, and variety store.
The board that grants a special permit, site plan, variance,
subdivision approval, or zoning amendment, or the Building Inspector
reviewing a building permit or zoning permit application.
The distance along a street line measured at the front of
a lot.
A temporary structure, not for year-round use, either attached
to the ground or movable, at which produce is offered for sale to
the general public.
A public or private way for pedestrian and vehicular traffic,
including an avenue, lane, highway, or other way, excluding a driveway
or common driveway.
The location of structures in such a manner that they are
not visible (as defined herein) from a public road or any other public
place during the summer months and no more than partially visible
in winter. Objects or structures may be screened by topography, vegetation,
or other structures not required to be screened.
A business or nonprofit organization that provides services
to the public, either on or off the premises, including but not limited
to building, electrical, plumbing, and landscape contracting, arts
instruction or studio, automobile service station, business and educational
services, catering, health club, house cleaning services, locksmith,
photocopying, repair and restoration services, tailoring, typing,
and word processing. "Service business" does not include retail business,
restaurants, warehouses, or other uses separately listed in the Use
Table.[3] A convenience store that sells gasoline and auto supplies
but does not repair or service vehicles shall be considered a retail
business.
A local road running generally parallel to a through road,
providing vehicular access points for individual lots, constructed
to reduce the number of access points on the through road.
The distance in feet between a structure and a property line
or an identified natural feature such as a watercourse.
Any billboard, signboard, inscription, pennant, or other
material, structure, exterior painting, or device composed of lettered
or pictorial material that is intended for outdoor viewing by the
general public (including inside a window) and used as an advertisement,
announcement, or direction.
The total area on each side of a sign within which all written
and graphic material is contained.
A sign advertising a product, use, service, or activity sold
or conducted for private financial gain.
A sign and sign support structure not attached to or part
of a building.
A sign lighted by electricity, gas, or other artificial light,
including reflective or phosphorescent light, paint, or tape.
A sign located within the exterior walls of a building which
is readily readable from outside the building through a window, door,
or other opening.
An illuminated sign that is made of translucent material
with internal artificial lighting.
Any sign which extends from the exterior of any building
more than nine inches.
See "dwelling, single-family."
Any development of land that results in the creation of no
more than four new residential lots (excluding the parent parcel from
which they are subdivided).
Use of land for the purpose of extracting and selling stone,
sand, gravel, or other minerals, as defined in § 23-2705
of the Environmental Conservation Law, not including the process of
preparing land for construction of a structure for which a zoning
permit has been issued.
All putrescent and nonputrescent materials or substances
discarded or rejected as being spent, useless, worthless or in excess
to the owners at the time of such discard or rejection, including
but not limited to garbage, refuse, industrial and commercial waste,
sludge from air or water control facilities, rubbish, ashes, contained
gaseous material, incinerator residue, demolition and construction
debris, discarded automobiles and offal, but not including sewage
and other highly diluted water-carried materials or substances and
those in gaseous form, and being those wastes defined as solid waste
in 6 NYCRR 360-1.2. Any solid waste which receives a beneficial use
determination (BUD) from the New York State Department of Environmental
Conservation is still considered a solid waste for the purposes of
these regulations.
Any facility employed to manage solid waste beyond the initial
waste collection process, including but not limited to transfer stations,
bailing facilities, rail haul or barge haul facilities, processing
systems, including resource recovery facilities or other facilities
for reducing solid waste volume, sanitary landfills, facilities for
the disposal of construction and demolition debris, plants and facilities
for compacting, composting or pyrolysis of solid wastes, incinerators
and other solid waste disposal, reduction or conversion facilities,
as defined in 6 NYCRR 360-1.2.
A static construction of building materials affixed to the
ground, such as a building, dam, display stand, gasoline pump, installed
mobile home or trailer, reviewing stand, shed, sign, stadium, storage
bin, or wall.
See "Zoning Law."
A single-family dwelling unit constructed in a group of three
or more attached units in which each unit extends from the foundation
to the roof and with open space on at least two sides.
The Town Law of the State of New York, Chapter 62 of the Consolidated Laws.
The top or uppermost branches of a tree.
See "dwelling, two-family."
Land that does not include or is not wetlands, water bodies,
watercourses, one-hundred-year floodplains, cemeteries, easements
and rights-of-way restricting land use or slopes over 25% which contain
2,000 square feet or more of at least ten-foot-wide contiguous sloped
areas.
The purpose for which any premises may be arranged, designed,
intended, maintained, or occupied, or any occupation, activity, or
operation conducted or intended to be conducted on a premises.
A use which is customarily incidental to and subordinate
to the principal use of a lot or structure, located on the same lot
as the principal use or structure.
See "change of use."
The authorization by the Zoning Board of Appeals for the
use of land in a manner which is not allowed by the dimensional or
physical requirements of the applicable zoning regulations.
The authorization by the Zoning Board of Appeals for the
use of land for a purpose which is otherwise not allowed or is prohibited
by the applicable zoning regulations. An increase in density or intensity
of use shall be deemed to require a use variance if such increase
is not allowed by right or by special permit.
Able to be seen by a person of average height and with normal
vision on a clear day.
A structure or structures in which materials, goods, or equipment
is stored, including self-storage facilities.
Any stream, pond, lake, reservoir, drainage channel, or other
area of land that is normally or seasonally filled with water. Road
ditches and shallow land depressions generally referred to as grassed
waterways, swales, etc., that carry water only immediately (a few
to several hours) after a runoff-producing event are not considered
watercourses. Where there is a question of whether a watercourse exists,
the Building Inspector shall conduct a site evaluation to determine
whether or not a particular channel is a watercourse. His determination
shall be final.
An area of land that is characterized by hydrophytic vegetation, saturated soils, or periodic inundation which is classified as a wetland by either the New York State Department of Environmental Conservation or the United States Army Corps of Engineers. See § 97-45.
A mechanized system which converts wind energy into electrical
or mechanical power.
An open space on the same lot with a structure.
An open space extending across the full width of the lot
between the front of the principal building and the street line.
An open space extending across the full width of the lot
between the rear lot line and the wall of the principal building nearest
the rear lot line.
That portion of any yard required to satisfy minimum setbacks.
No part of such yard can be included as part of a yard required for
structures on another lot.
An open space between a principal building and the side line
of the lot and extending from the front yard to the rear yard.
The officially adopted Zoning Law of the Town of Goshen,
together with any and all amendments thereto, in accordance with Article
16 of the Town Law and Articles 2 and 3 of the Municipal Home Rule
Law.
[1]
Editor's Note: The Use Table is included at the end of this chapter.
[2]
Editor's Note: This ordinance also provided for expiration
of these provisions as follows: "This Commercial Recreation Overlay
District shall terminate and cease to exist without further action
by the Town Board if the Town Planning Board does not approve a special
permit and site plan and/or subdivision for a Commercial Recreation
Facility within six (6) months of the effective date of this local
law or, if so approved, the Commercial Recreation Facility is thereafter
abandoned."
[3]
Editor's Note: The Use Table is included at the end of this chapter..
