[Amended 11-23-2020 by Ord. No. 10-2020]
For the purposes listed in § 300-4, the City of Newburgh is hereby divided into the following zoning districts:
A.
Traditional zoning districts:
(1)
R-1 - Single-Family District - zone characterized by one, single-family
dwelling per lot.
(2)
Residential - Low-Density (R-Law) - zone characterized by detached,
single-family dwellings per lot, with allowances for two- and three-family
dwellings and other housing types, facilities and services that meet
the needs of the community and residents, provided they are at a scale
and density compatible with the landscape character in the zone.
(3)
Residential - Medium-Density (R-Med) - zone characterized by one-
to four-family structures and limited commercial uses that are functionally
compatible with intensive residential use.
(4)
Residential - High-Density (R-High) - zone characterized by structures
that accommodate large numbers of residential dwelling units in limited
space in areas within easy pedestrian access to commercial areas and
public facilities within the City.
(5)
Commercial District (CD) - zone characterized by primarily retail
and service-related businesses, and under closely controlled conditions,
light industrial uses that are frequented by the general public.
(7)
Industrial District (IND) - zone characterized by commercial activity
focused on manufacturing, packaging, storage/warehousing, or wholesale
production of goods.
(8)
Right-of-Way (R-Way) - a parcel of property over which pedestrians
or vehicles may legally pass over or through for purposes of public
travel.
(9)
Park - areas owned or used by the City, state, or other government
entity for the purpose of being used as parkland, playgrounds, recreation
areas, nature preserves, or open space.
C.
Overlay districts:
(1)
(2)
Overlay districts do not change the use and dimensional requirements
of the underlying land use districts, unless specifically so stated
in this chapter. On any given parcel of land, more than one overlay
district may apply.
A.
The location and boundaries of the zoning districts are established
as shown on the Zoning Map of the City of Newburgh, attached hereto
and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B.
Readoption of Maps. The Official Zoning Map shall be kept in the
office of the City Clerk, the Building Inspector/Code Enforcement,
and the Planning Department, and shall be reviewed for accuracy and
updated at least once annually with any Zoning Map amendments adopted
in the previous year by the City Council or its designee.
C.
Zoning Map amendment. Changes may be made in district boundaries
or other matter portrayed on the Zoning Maps only by zoning amendments
adopted by the City Council. Such changes shall be noted by the City
Clerk on the Official Zoning Maps promptly after the City Council
adopts such an amendment.
D.
Final zoning authority. Each ordinance adopting an amendment shall
be the final authority as to the current status of lands, structures
and uses in the City.
Where uncertainty exists with respect to the boundaries of any
of the zoning districts, the following rules apply:
A.
Where district boundaries are indicated as approximately following
or parallel to the center lines of streets or highways, or the boundaries
of streets, highways, or rights-of-way, the district boundary shall
be construed as following or being parallel to said center or boundary
lines.
B.
Where a land use district boundary divides a lot line in a single
ownership existing at the effective date of this chapter, the City
Planning Board may grant a special use permit to allow the uses authorized
and the district requirement of the less restricted portion of such
lot to extend up to a maximum of 50 feet into the more restricted
portion of the lot. This provision shall not apply to overlay districts.
C.
Where district boundaries are so indicated that they approximately
follow lot lines in effect at the time of the effective date of this
chapter, the district boundary shall be construed as following said
lot line.
D.
Where the boundary of a district follows shorelines, streams, creeks
and waterbodies, said boundary shall be deemed to follow such shorelines
and, in the event of change in the shoreline, shall be deemed as moving
with the actual shoreline.
E.
Where the boundary of a district follows shorelines, creeks, streams,
lakes, or other bodies of water, said boundary line shall be deemed
to be at the limit of the jurisdiction of the City, state or federal
agency, unless otherwise indicated.
F.
Within the Water Protection Overlay District, where the overlay district
is based upon natural features, such boundaries may be more precisely
established through field investigation by a qualified professional.
In their interpretation and application, the provisions of this
chapter shall be held to be the minimum requirements. Whenever the
requirements of this chapter are at variance with the requirements
of any other lawfully adopted rules, regulations, or ordinances, the
most restrictive, or that imposing the highest standards, shall govern.
