Details

Title	Goshen, New York Zoning Code (Affordable Housing)
Highlights	There is implicit recognition that zoning ordinances do not provide incentives for the development of affordable housing.   Goshen, New York permits two-family dwellings and home occupations in single-family areas and requires that ten percent of all new housing be affordable.
Description	The Town of Goshen, New York’s draft zoning ordinance contains a number of provisions that have an impact on affordable housing development. The provisions include allowing two-family dwellings by-right in single-family zoned areas, having no minimum lot sizes for areas with public sewer and water, permitting home occupations, allowing the transfer of development rights between parcels, permitting the reconstruction of damaged nonconforming uses, and requiring that ten percent of all new housing be affordable. Goshen allows two-family dwellings by-right in all single-family zoned areas (Section 97-18 D). The town also permits home occupations in single-family zoned areas but requires the town to approve the use through the site plan review process. Section 97-51 describes the conditions under which the town will allow home occupations. Only residents and up to two nonresidents can conduct business as a home occupation. The business can take no more than 30 percent of the dwelling unit’s floor area up to a maximum of 1,000 square feet. The ordinance also describes restrictions on signs, parking, traffic, and exterior storage of materials related to the business. The town, by special permit, may waive these regulations. In section 97-15 the town allows multifamily development but places restrictions on maximum densities, parking, and lot area coverage. The town does not have a minimum lot size for lots connected to public sewer and water. Section 97-18 K allows the town to grant the transfer of development rights between parcels that may have environmental challenges to sites that do not have such issues. The draft ordinance also requires that 10 percent of housing provided in Goshen be affordable. The ordinance defines affordable housing as rental and for-sale housing priced so that those earning less than 80 percent of the county median income can afford the unit. In addition, Section 97-24 places certain additional physical requirements on such housing. The draft indicates that the exterior of the units should be indistinguishable from other units in the development and no two affordable units should abut each other. The draft ordinance also requires that affordable units be subject to deed restrictions. The draft ordinance (Section 97.32) also allows for the restoration of nonconforming uses. It allows the reconstruction of totally or partially damaged structures or uses, but requires the Planning Board to review and approve the site plan for the reconstruction. The ordinance also gives the Planning Board the ability to issue a special permit to allow the expansion of a nonconforming use by up to 50 percent of its original area. The ordinance also accessory apartments, if the dwelling unit contains the lesser of 1,000 square feet or 30 percent of the floor space of an owner-occupied structure.
Publication Date	2004
Organization	Town of Goshen, New York
Web Location	http://www.townofgoshen.org/zbminutes/minutes/proposedzoning/GoshenPubRevZoning032904.pdf

Notice: The contents of this record reflect the views of the author and/or promulgating municipality, and should not be construed as representing the views or policies of the U.S. Department of Housing and Urban Development or U.S. HUD's Office of Policy Development and Research. No attempt has been made by U.S. HUD or its contractors to verify the accuracy, currency, or validity of the record contents presented herein.