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Goshen Village City Zoning Code

ARTICLE III

USE REGULATIONS3


Footnotes:
--- (3) ---

Cross reference— Nuisances, ch. 30.


Sec. 3.1.- General requirements.

The general requirements affecting the use of buildings, structures and land for each of the districts established by article II are hereby established and set forth in this article.

Sec. 3.2. - Use table.

The accompanying table entitled "Table of General Use Regulations" shall be deemed part of this ordinance and shall be referred to herein as the "use table." The table of general use regulations is included at the end of this ordinance.

(L.L. No. 2-1998, § 2.1, 3-9-98)

Sec. 3.3. - Utilization of use table.

3.3.1. The use table is divided into columns, with each column headed by a capital letter for reference. Horizontal lines divide the regulations for one district from those of another.

3.3.2. In the use table, the words "same as," followed by the symbol of the district on [or] districts, shall be construed to include all of the matter set forth in the same column for the district on [or] districts thus referred to, thereby incorporating such matter by reference.

3.3.3. In the use table, all uses listed in column B are permitted by right and subject to the bulk and supplemental requirements as applicable. All uses listed in column C are permitted only upon approval of the planning board and are conditional thereon pursuant to Village Law § 7-725(1.b) and articles XI and XII of this ordinance. All uses listed in column D are accessory uses permitted by right.

3.3.3[a]. The uses identified in columns B and C are followed by a letter designating a use group for reference to the table of bulk regulations. Certain uses do not have respective bulk requirements and the requirements pertaining to the principal use shall apply.

3.3.4. Uses carried through from one district to another are cited "same as …" followed by district from which carried through and a number or numbers referring to the particular use as identified in the district. Additionally, as an aid to cross reference, a brief description or identification of the referenced use is enclosed in parentheses following the numerical reference; however, such reference shall be deemed to incorporate all matter pertaining to the subject use. Where a use group is not identified in the use table, the use group for the same use in the previously cited district or districts shall apply.

3.3.5. Any use not identified in the use table shall be deemed prohibited. Any use indicated as conditional shall be deemed prohibited unless approved in a manner specified by this ordinance. Where conditional uses are identified by generic word or description, the planning board shall determine whether a specific use shall be construed to be part of such generic class. In making such determination, the planning board shall consider to what extent the proposed use is alike, in land use impacts, [to] the class of use indicated in the use table.

Sec. 3.4. - Prohibited uses.

The uses which are listed in this section are prohibited in the village.

3.4.1. Any use which is noxious, offensive or objectionable by reason of the emission of smoke, dust, gas, odor or other form of air pollution or by reason of the deposit, discharge or dispersal of liquid, solid or hazardous wastes in any form in a manner or amount as to cause permanent damage to the soil and streams or to adversely affect the surrounding areas, or by reason of the creation of noise, vibration, electromagnetic or other disturbance, or by reason of illumination by artificial light or light reflection beyond the limits of the lot on or from which such light or light reflection emanates, or which involves any dangerous fire, explosive, radioactive or other hazard, or which causes injury, annoyance or disturbance to any of the surrounding properties or to their owners and occupants, and any other process or use which is unwholesome and noisome and may be dangerous or prejudicial to health, safety or general welfare.

3.4.2. Artificial lighting facilities of any kind with light sources visible beyond the lot lines which create glare beyond such lines and exterior lighting other than that essential for the safety and convenience of the users of the premises. No spotlighting or floodlighting shall be permitted which will shine directly upon any property or which will project rays beyond the limits of the property. Unshielded lights will not be permitted. With regard to new applications, the planning board shall determine whether outside lights constitute an annoyance or safety hazard and if lighting is in harmony with the surrounding neighborhood.

3.4.3. Amusement parks and circuses and related activities except for a temporary period on special license from the village board.

3.4.4. Junkyard or dump, except a dump established as an official village dump or duly licensed as a dump by the village board.

3.4.5. The parking or storing of no more than one unregistered vehicle(s) and trailers for a period in excess of 30 days on any premises, except the property of a licensed New York State automobile dealer on a site approved for such use.

3.4.5.1 The offering for sale of any registered or unregistered motor vehicle or boat on any lawn area of any premise except on the property of a licensed New York State authorized automobile dealer on a site approved for such use.

3.4.6. Horse shows, except as hereinafter provided. Horse shows of limited calendar duration shall be allowed upon application to and approval by the village board in all zoning districts on lots of 20 acres or more. It shall be the responsibility of the village board to review all proposals for such shows and to insure that the following requirements are met to protect the health, safety and general welfare of the community. Hours of operation shall be limited to 9:00 a.m. to 9:00 p.m. Adequate provisions shall be made for sanitary facilities, parking facilities or requirements, ingress and egress, concessions, outdoor public address and light systems, and any other facilities which the village board deems necessary.

3.4.7. Uses of a heavy industrial nature including:

3.4.7.1. Manufacturing uses involving primary production of the following products from raw materials: asphalt, cement, charcoal, and fuel briquettes; chemicals: aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, carbon black and bone black, creosote, hydrogen and oxygen, industrial alcohol, nitrates (manufactured and natural) of an explosive nature, potash, plastic materials and synthetic resins, pyroxylin, rayon yarn and hydrochloric, nitric, phosphoric, picric, and sulphuric acids; coal, coke, and tar products, including gas manufacturing; explosives; fertilizers; gelatin, glue, and animal size; linoleum and oil cloth; matches; paint, varnishes, and turpentine; rubber (natural or synthetic); soaps, including fat rendering; starch.

3.4.7.2. The following processes: nitrating of cotton or other materials; milling or processing of flour or grain; magnesium foundry; reduction, refining, smelting, and alloying of metal or metal ores; refining secondary aluminum; refining petroleum products, such as gasoline, kerosene, naphtha, lubricating oil; distillation of wood or bones; reduction and processing of wood pulp and fiber, including paper mill operations.

3.4.7.3. Operations involving stockyards and slaughterhouses, grain elevators, and slag piles.

3.4.7.4. Quarries, stone crushers, screening plants, and storage of quarry screenings, accessory to such uses.

(L.L. No. 6-1999, § I, 12-13-99)