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.

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,[2] 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.

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:

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 portion of real property rented for compensation in exchange for lodging for a period of not more than 31 consecutive days. For the purpose of this chapter, the term short-term rental shall not include a bed-and-breakfast, boarding/ lodging house, hotel, motel, or ongoing month-to-month tenancies.

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.