§ 12.1. General conditions.
Prior to approving any conditional use, the planning board shall determine the conformity of such use and the proposed development with the conditions and standards as set forth under article XI. In various provisions of this ordinance, specific standards are enumerated for certain uses, which standards shall be the minimum conditions for such use. The following standards shall supplement the requirements listed for each of the conditional uses in the use and bulk tables.
12.1.1. Schools, colleges and educational institutions. Special conditions:
12.1.1.1. Any such school shall be a not-for-profit organization within the definition of the Internal Revenue Act, now in effect or subsequently amended, and shall be registered effectively as such thereunder.
12.1.2. Annual membership clubs providing outdoor recreational facilities, such as private playgrounds, swimming pools and tennis courts. Special conditions:
12.1.2.1. That any such club is incorporated pursuant to the provisions of the Membership Corporation or the Benevolent Order Laws of the State of New York and catering exclusively to members and their guests, or unincorporated associations approved by the village board and catering exclusively to members and their guests.
12.1.2.2. Any such use shall not be conducted as a business enterprise.
12.1.2.3. That the use of outdoor public address systems for any purpose shall be prohibited.
12.1.2.4. That exterior lighting, other than that essential for the safety and convenience of the users of the premises, shall be prohibited.
12.1.3. Railroad, public utility and television towers, rights-of-way and related structures, necessary to serve areas within the village:
12.1.3.1. The planning board may impose special conditions in order to protect, promote and preserve the health, safety and general welfare of the community and character of the neighborhood in which the proposed structure is to be located.
12.1.3.2. In new subdivisions, utilities shall be located underground.
12.1.4. Conversion of existing one-family dwelling to a two-family dwelling. Special conditions:
12.1.4.1. The single-family dwelling must have been in existence at the time of the enactment of the first zoning ordinance of the Village of Goshen, January 15, 1948.
12.1.4.2. In the R-2 district, residences existing after the date of the enactment of the ordinance may be converted to a two-family dwelling.
12.1.4.3. Such structures shall have contained, on the effective date of this ordinance, 1,000 square feet of livable floor area for the first dwelling unit plus 600 square feet of livable floor area for the additional dwelling unit created.
12.1.4.4. Three offstreet parking spaces shall be provided on said lot.
12.1.5. Not-for-profit harness racetracks. Special conditions:
12.1.5.1. Minimum track size shall be 20 acres.
12.1.5.2. Minimum setback of any new structure (from any lot line) shall be ten feet.
12.1.5.3. Maximum parcel coverage by buildings shall not exceed 15 percent.
12.1.5.4. Maximum height of structures shall not exceed 45 feet.
12.1.6. Private, parochial, and specialty schools for the handicapped, emotionally disturbed, retarded and/or preschooler; which schools, in the opinion of the planning board, are not covered in section 12.1.1. Special conditions:
12.1.6.1. Residential schools for the handicapped are permitted provided they are approved by the appropriate state agencies.
12.1.6.2. Schools for preschoolers shall be day care centers or nursery schools approved by the New York State department of education or other appropriate state agency.
12.1.7. Home occupations, provided that:
12.1.7.1. Such occupation is incidental to the residential use of the premises and is carried out by a resident therein with no residential assistants.
12.1.7.2. Such occupation is carried on in an area not exceeding 100 square feet of the principal building, and [is] to be located on only one floor.
12.1.7.3. No display of goods, advertising display or structure shall be permitted on the property where the home occupation exists. One signed, not illuminated, maximum size of eight inches by 18 inches or 144 square inches, shall be permitted for the sole purpose of indicating the person's name and the nature of the home occupation. No sign shall be nearer than 15 feet to any street or property line.
12.1.7.4. A minimum of one offstreet parking space shall be provided for the home occupation.
12.1.7.5. The following home occupations are permitted:
(a)
Seamstress;
(b)
Typist;
(c)
Accountant;
(d)
Private tutor (except for dance, music and singing; one pupil at a time);
(e)
Clergyman;
(f)
Telephone answering service;
(g)
Tourist home or boardinghouse limited to two tourists or boarders per house. One offstreet parking space shall be provided for each tourist or boarder.
12.1.7.6. The following type of uses shall not be considered home occupations:
(a)
Doctors;
(b)
Lawyers;
(c)
Dentists;
(d)
Realtors;
(e)
Restaurants;
(f)
Sale, manufacture or storing of food;
(g)
Barbershops;
(h)
Antique shops;
(i)
Beauty salons;
(j)
Mail order houses;
(k)
Printing of any type;
(l)
Health clinics or hospitals;
(m)
Animal hospitals or kennels;
(n)
Parking or storing of cars or commercial vehicles for profit;
(o)
Garage sales or yard sales, with the exception of one per year per house of a duration of three days maximum;
(p)
Uses similar to those types listed above are prohibited at the discretion of the planning board.
12.1.7.7. Home occupations shall not resemble a retail business establishment in the home where customers or clients may purchase goods or products or tend to congregate for services.
12.1.8. Multiple and attached dwellings, including apartments and up to six attached dwellings in individual ownership, subject to the following conditions:
12.1.8.1. The entire site occupied by such buildings is maintained in single ownership throughout the life of the development. A condominium created in accordance with Real Property Law art. 9-B shall constitute single ownership within the meaning of this section. A multiple or attached dwellings project, in individual ownership and in which the open spaces or areas associated with the project are to be owned by a mandatory homeowners' association, shall also constitute single ownership within the meaning of this section, provided that such project is subject to the provisions of General Business Law § 352-e.
12.1.8.2. Access facilities are adequate for the estimated traffic to and from the site, to assure the public safety and to avoid traffic congestion. No such development shall be located so as to have access only to a minor street as defined in the village subdivision regulations.
12.1.8.3. Vehicular entrances and exits shall be so located as to maximize safe sight distance from the street and be at least 75 feet from any intersection.
12.1.8.4. No building shall exceed 160 feet in length.
12.1.8.5. The minimum distance between principal buildings shall be as follows:
(a)
Fifty feet between front elevations.
(b)
Fifty feet between front and rear elevations.
(c)
Thirty-five feet between side elevations.
(d)
Twenty feet between principal and accessory buildings.
(e)
Thirty feet between side and front or rear elevations.
(f)
There shall be provided on the same lot suitably equipped and landscaped outdoor recreational facilities subject to planning board approval and as follows:
(i)
Playlot area per dwelling unit (sq. ft.) = 150.
(ii)
Usable open space per dwelling unit (sq. ft.) = 2,000.
12.1.8.6. Subject to the area requirements for common recreation space shown in section 12.1.7.5 [12.1.8.5] above, there shall be provided:
(a)
For every 75 dwelling units or fraction thereof within either the geographic area(s) of the site plan(s) or overall plan, a suitably equipped and landscaped neighborhood park-playground as defined in the comprehensive development plan for the Village of Goshen, subject to the approval of the planning board.
(b)
For every 150 dwelling units within either the geographic area(s) of the site plan(s) or overall plan, a suitably equipped and landscaped community park-playfield as defined in the comprehensive development plan for the Village of Goshen, subject to planning board approval.
(c)
The village board, for good cause shown and upon recommendation of the planning board, may substitute a fee in lieu of outdoor recreational facilities.
12.1.8.7. Playlot area may be considered to be a portion of the common recreation space, and both may be considered as a portion of the useable open space.
12.1.8.8. In order to protect sensitive natural resources in the village and to ensure that areas vital to a balanced environment remain preserved, 75 percent of land within a designated wetland will be subtracted from the gross lot area. The net lot area shall be used to determine compliance with the minimum bulk requirement for lot area.
In the event a landowner obtains the authority of the New York State department of environmental conservation (DEC) to use a portion of its lands located in a designated wetland area for building purposes, that portion of the lands so authorized by the DEC to be built upon shall be added back to the computation of gross lot area. The net lot area shall continue to be used in compliance with the bulk requirements for lot area.
12.1.9 Senior citizen housing developments, subject to the following requirements:
12.1.9.1. It shall be the duty of the owner or his agent to file a certification with the building inspector indicating compliance with this ordinance's requirements relating to the number of occupants and the age of the occupants in each dwelling unit. Such certification shall be filed no later than January 15 of each year. Failure to file certification as required shall be deemed a violation of this ordinance subject to penalties set forth in article XIV.
12.1.9.2. No dwelling unit shall contain more than two bedrooms, except that one dwelling unit for each superintendent may be provided which shall consist of no more than three bedrooms.
12.1.9.3. Except for the superintendent and his immediate family, the occupancy of a senior citizen housing development shall be limited to persons who qualify as senior citizens under present, future or amended definitions of the governmental agency providing subsidiary or support to the project (federal Department of Housing and Urban Development, New York State division of housing and community renewal or similar or successor agencies of the federal or state government) or to families, the head of which so qualifies except that occupancy of a dwelling unit by a family, the head of which is younger than a senior citizen shall be permitted if it is established that the presence of such person is essential for the physical care of an eligible occupant. In the absence of any definition, the minimum age for eligibility shall be 60 years.
12.1.9.4. Within the senior citizen housing development, certain related ancillary facilities may be permitted, either in a separate building or in combination with dwelling units, such as cafeterias, self-service laundries, lounges, game rooms, workshops or medical infirmaries, only to the extent that they meet the needs of the occupants of the development. Such facilities shall be subordinate to the residential character of the development and shall be located out of public view with no outside advertising. Such facilities shall be approved by the planning board. Approval of a conditional use and site development plan for dwelling units in a senior citizen housing development in no way constitutes approval for installation of any type of related facility.
12.1.9.5. The gross site density shall not exceed 15 dwelling units per acre.
12.1.9.6. The minimum distance between detached buildings shall be 50 feet.
12.1.9.7. Suitably equipped and adequately maintained recreation and open space shall be provided. Group sitting areas shall be well defined by walls, fences, hedges or other plantings designed to impart a sense of containment and/or security and to provide group privacy.
12.1.9.8. There shall be provided a safe and convenient system of drives, service access roads and walks with due consideration given in planning such facilities to such items as handrails and ramps. Such facilities shall be adequately lighted, and said lighting shall not be directed on adjacent streets or properties.
12.1.9.9. Central refuse collection areas shall be located for the convenience of all units. There shall be supplied an adequate number and type of covered receptacles and these areas shall be provided with proper screening and maintenance.
12.1.9.10. Any swimming pool shall be no closer than 30 feet to any building and 50 feet to any lot line.
12.1.10. Emergency medical helipads; special conditions:
12.1.10.1. Only two helipads shall be permitted per hospital.
12.1.10.2. Helipads shall not be located closer than 300 feet to an existing residential structure.
12.1.10.3. Helipads shall require approval by the Federal Aviation Authority (FAA).
12.1.11. Motor vehicle sales facilities; special conditions:
12.1.11.1. No more than two such uses shall be permitted in any one contiguous industrial park district.
12.1.11.2. Car dealerships shall not include the sale of farm vehicles or equipment, mobile or modular homes, tractor-trailers, used cars, motor homes, recreational vehicle, or similar uses, except as indicated in [section] 12.1.11.3 below.
12.1.11.3. Specific accessory uses to motor vehicles sales are permitted at the time of site plan approval or upon amendment thereto, as follows: lease of automobiles; sale or lease of used cars, motorcycles, recreation vehicles and motor homes, light trucks, tractor trailers, truck cabs or truck tractors; motor vehicle service and repair including auto body repair provided such facilities and service are within a fully enclosed structure; and storage of gasoline underground.
12.1.11.4. Recreation vehicles, motor homes and truck cabs or tractors may be stored outside provided they are behind and fully screened from any road or adjacent property by a solid fence or evergreen screen. The planning board may require cross section views to ensure that this screening requirement can be met by an applicant prior to approval.
12.1.12. Motels, subject to the following conditions:
12.1.12.1. No building or part thereof, or parking or loading area, shall be situated within 30 feet of any street or lot line, except that this distance shall be increased to 50 feet when adjacent to a lot in residential use or a residence district boundary line.
12.1.12.2. The maximum building length shall be 180 feet.
12.1.13. Gasoline service stations and automotive repair garages; special conditions:
12.1.13.1. Entrance and exit driveways shall have an unrestricted width of not less than 35 feet, shall be located no closer than five feet from any property line and shall be so laid out as to avoid the necessity of any vehicle backing out across any public right-of-way.
12.1.13.2. Vehicle lifts or pits, dismantled automobiles, and all parts or supplies shall be located within a building enclosed on all sides.
12.1.13.3. All service, inspection or repair of motor vehicles, other than such minor servicing as change of tires or sale of gasoline or oil, shall be conducted in a building fully enclosed on all sides. This requirement shall not be construed to mean that the doors to any repair shop must be kept closed at all times.
12.1.13.4. The storage of gasoline or flammable oils in bulk shall be located fully underground and not nearer than 15 feet from any property line other than the street line.
12.1.13.5. No gasoline pumps shall be located nearer than 15 feet to any street line or property line.
12.1.14. Hotels and conference centers; special conditions:
12.1.14.1. Each lot shall have a minimum frontage of 250 feet on a public street; this requirement may be reduced by 50 percent by the planning board for lots located on a cul-de-sac or street having other unusual characteristics; each lot shall have a minimum width of 250 feet.
12.1.14.2. No building or structure shall be located less than or closer than 250 feet from the boundary of any residential district in the Village or Town of Goshen, less than or closer than 100 feet from the boundary of any other district, or 75 feet from any other lot line. The planning board may reduce this requirement by 20 percent for lots having unusual topography or other unusual characteristics that prevent or reduce the intrusion of disturbances from such buildings or structures that would be anticipated under normal setback conditions.
12.1.14.3. No building shall be located less than 250 feet from the right-of-way of any state or county highway or any other public street right-of-way, except for an interior access road entirely within the underlying IP or OB district for which a minimum setback of 75 feet shall be required.
12.1.14.4. Each sleeping room shall have an area, inclusive of bathroom and closet space, of at least 300 square feet.
12.1.14.5. Occupancy for any guest shall be limited to not more than 30 days in any 90-day period.
12.1.14.6. Direct access to a state or county highway, or to a local residential street, is prohibited.
12.1.14.7. All accessory uses, with the exception of offstreet parking and outdoor recreational facilities, shall be located within the principal building(s).
12.1.14.8. The total minimum number of parking spaces shall be 80 percent of the sum of spaces required, but in no event less than one space for each sleeping room.
12.1.14.9. No offstreet parking or loading area shall be located within 150 feet of the boundary of any residential district, or 50 feet of the boundary of any other district or lot line.
12.1.14.10. The planning board may permit the use of shared parking facilities for offices or other uses permitted in the OB or IP districts with the hotel conference center, subject to the requirements of section 6.1.1.7.
12.1.15. Apartment above commercial establishments in the CS district, subject to the following conditions:
12.1.15.1. Individual apartments may be of the efficiency, studio, one-bedroom, or two-bedroom type, as defined by the planning board. In no instance shall such an apartment have less than 500 square feet in livable floor area, or be located on the ground floor of the building.
12.1.15.2. All qualifying buildings shall maintain some floorspace devoted to commercial use if such is permitted by the district in which the building is located. The total floor area devoted to residential uses shall not exceed the total floor area devoted to commercial uses by more than 50 percent, except where buildings are three stories in height, in which case total floor area devoted to residential uses may exceed commercial uses by no more than 100 percent.
12.1.15.3. The residential component of any structure shall have an entrance or entrances which do not require access through any nonresidentially used area, other than a common lobby or plaza. The location and design of such entrances shall be subject to approval by the planning board as a part of conditional use approval.
12.1.15.4. Site plan approval by the planning board shall be required of all apartments above commercial establishments. The planning board shall review proposed floor plans, architectural renderings and landscaping, and may refer said plans to the board's architectural consultant for further review and comment.
12.1.15.5. Offstreet parking requirements. Except in noncomplying buildings as defined in section 8.3 of this article, there shall be provided one parking space per efficiency, studio, or single bedroom dwelling unit and one and one-half parking spaces per two-bedroom dwelling unit.
(L.L. No. 1-1998, § 2.7, 3-9-98)
12.1.16. Adult retirement communities; special conditions:
12.1.16.1. Retirement communities may consist of attached, detached, or clustered dwelling units and life care facilities for retired persons, with certain related service facilities extending beyond independent living accommodations such as dietary and food services, housekeeping, grounds maintenance and security services, which shall be for the exclusive use of the members, guests and employees of the retirement community.
12.1.16.2. A minimum of 80 percent of the total units shall have a head of household of 60 years of age or older. The remaining 20 percent of the total units may qualify by meeting one of the following conditions:
(a)
The household head is 55 years of age, or older;
(b)
A unit is occupied by the surviving member(s), meeting the age requirements, and who was a resident at the time of the death of the head of household;
(c)
A unit is occupied by management personnel and his/her family (the total of such dwelling units shall not exceed one per 40 dwelling units, or portion thereof, in the project).
12.1.16.3. The following minimum safety standards shall be required:
(a)
All doors shall be of sufficient width to accommodate wheelchair use;
(b)
Wherever steps are located, ramps or elevators shall also be provided;
(c)
Cooking units shall have no open flame;
(d)
Emergency signal facilities shall be provided in each residential unit and shall register a signal at a central location;
(e)
Electrical outlets shall be located at least 24 inches above floor level;
(f)
Grab bars shall be located around all tubs and showers, and toilet areas shall be adaptable for the installation of grab bars;
(g)
All floor surfaces shall be non-skid;
(h)
Central heating and air conditioning shall be individually adjustable for each residential unit.
12.1.16.4. The following uses accessory to retirement communities are permitted, provided they are owned, operated and exclusively used by the retirement community:
(a)
Beauty parlor/barbershop;
(b)
Acts and crafts facilities;
(c)
Common meeting area;
(d)
Library;
(e)
Cafeteria;
(f)
Indoor recreation facilities, including swimming pools;
(g)
Outdoor recreation facilities including swimming pools;
(h)
Gift shop;
(i)
Laundry facilities;
(j)
Religious service facilities;
(k)
Picnic pavilion;
(l)
Any other related facilities as approved by the planning board.
12.1.17. Banks, special conditions.
12.1.17.1.
(a)
Banks with walk-in facilities only shall be considered a use by right in the CS, DS and OB Districts. Each bank shall be subject to the use group standards for each of these districts as specified in the Table of General Use Regulations.
(b)
Banks with both walk-in and drive-in facilities shall be considered as a conditional use in the CS, DS and OB Districts, subject to approval by the planning board. In the CS District, each such bank shall take the standards specified with the "F" use group (10,000 square feet minimum lot size); in the OB District, each such bank shall take the standards specified in the "F-1" use group (30,000 square feet minimum lot size); in the DS District each such bank shall take the standards specified in the "H" use group (40,000 square feet minimum lot size).
12.1.17.2 A specialized traffic study shall be required in connection with each site proposed for a drive-in bank in the CS, DS and OB Districts, Such study shall take into consideration the site placement of the structure to maintain good visual exposure while assuring safe and convenient traffic movement into and within the site, and adequate stacking areas for bank customers waiting to use the drive-up windows. The traffic circulation pattern shall be designed without blocking walk-in entrances or impeding onsite circulation. The scope of the specialized traffic study shall include:
(1)
An analysis of the existing capacity of the affected street(s) and intersection(s);
(2)
An analysis of the impacts and effect of the drive-in bank on affected street(s) and intersection(s);
(3)
An analysis of remedial measures which may be required to mitigate the anticipated impacts; and
(4)
Alternative means of providing for ingress and egress and onsite circulation to achieve the safest and most efficient pedestrian and vehicular traffic flow.
12.1.18. Parking lots; special conditions. Parking lots may be approved as a conditional use in the I, DS, CS, OB, and IP zoning districts, subject to the following conditions:
(1)
Demonstration of need in the immediate vicinity;
(2)
Site plan review and approval considering the following elements:
a.
Street access, sight distance, internal geometry and layout, truck loading, and truck movements, if any;
b.
Stormwater discharge;
c.
Visual impacts, buffering and landscaping;
d.
Signage;
(3)
Representation of the proposed hours of use and nature of use, i.e., residential, commercial or industrial;
(4)
Parking and loading regulations as set forth in Article VI.
12.1.19. Health Clubs, Fitness Centers subject to the following conditions:
(i)
Adequate buffering to residential or conflicting uses shall be provided.
(ii)
All activities shall be conducted within a building, excepting runners or riders departing/returning to the site.
(iii)
Hours of operation shall be established by the planning board.
12.1.20. Places of worship; special conditions:
12.1.20.1. Places of worship may be allowed as set forth in the tables of general use regulations and in compliance with the table of bulk requirements and, further, in accordance with this section and section 5.7 of this chapter.
12.1.20.2. Where a dormitory is associated with a school of general or religious instruction, the following special conditions shall apply:
(a)
The density of dormitory or married student housing shall have no greater density of bedrooms per acre than the underlying residential zone for dwellings with up to four bedrooms for facilities in a residential zone.
(b)
Dormitory use shall have direct access to a state or county road.
(c)
The minimum lot size for a school with dormitory facilities shall be ten acres.
(d)
Maximum height of a dormitory may be two and one-half stories, but in no case exceed 35 feet.
(e)
Dormitories shall be equipped with sprinklers and fire alarm systems in accordance with New York State Uniform Fire Prevention and Building Code.
(L.L. No. 4-1992, § 2(B), 3-23-92; L.L. No. 6-1993, § 1, 6-14-93; L.L. No. 2-1998, § 2.2, 3-9-98; L.L. No. 2-2002, § 2, 4-22-02; L.L. No. 6-2012, § 4.2, 9-10-2012)