A.
Purpose. The use regulations in this article are intended to allow
flexibility of land use to encourage business development that is
consistent with the character and scale of the City of Newburgh. In
reviewing applications for special use permits and site plan approval,
the City Planning Board shall impose any conditions that may be necessary
to ensure that a proposed use will be compatible with its surroundings.
The City Planning Board shall deny any proposed use which does not
satisfy the criteria in this chapter.
B.
Use restrictions and Schedule of Use Regulations. No structure or
land shall be used except as provided in the Schedule of Use Regulations.
In the event that a particular proposed use does not fit into one
of the categories shown on the Schedule of Use Regulations, it shall
be considered to be prohibited.
[Amended 11-23-2020 by Ord. No. 10-2020; 5-22-2023 by Ord. No. 3-2023]
Schedule of Use Regulations Key
| ||||||
P
|
Designates a use permitted by right. Usually requires a building
permit and a certificate of occupancy from the Building Inspector,
but does not require review by any municipal board.
| |||||
P*
|
Designates a use permitted by right subject to site plan review by the City Planning Board (Article XI)
| |||||
S
|
Designates a use permitted by special use permit of the City Planning Board (Article XII)
| |||||
A
|
Designates a use that is permitted as a use accessory to a use
permitted by right, with site plan approval, or with a special use
permit.
|
Schedule of Use Regulations
Use
|
R-1
|
Low-Density Residential
|
Medium-Density Residential
|
High-Density Residential
|
Commercial
|
Industrial
|
Neighborhood Commercial Overlay
|
Conservation Development District
|
Broadway Corridor (BC)
|
Downtown Neighborhood (DN)
|
Waterfront Gateway (WG)
|
Planned Waterfront District (PWD)
|
---|---|---|---|---|---|---|---|---|---|---|---|---|
Residential
| ||||||||||||
Apartment house
|
P*
|
P
|
P*
|
P
|
P*
|
P*
|
P*
| |||||
Four-family dwelling
|
P
|
P*
|
P*
|
P
|
P*
|
P*
|
P*
| |||||
Two- or three-family dwelling
|
P*
|
P
|
P
|
P*
|
P
|
P
|
P*
|
P*
| ||||
Row or attached dwelling (townhome)
|
P
|
P
|
P*
|
P
|
P*
|
P*
| ||||||
Two-family detached dwelling
|
P*
|
P
|
P
|
P*
|
P
|
P*
| ||||||
One-family detached dwelling
|
P
|
P*
|
P
|
P
|
P*
|
P
|
P*
|
P*
| ||||
Residential care facility
|
S
|
S
|
P*
|
P
|
P
|
P*
|
P*
| |||||
Cooperative house
|
P
|
P
|
P
|
P
|
P
|
P*
|
P*
| |||||
Accessory apartment
|
A;S
|
A
|
A
|
A
| ||||||||
Bed-and-breakfast
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
| ||||
Short-term in-home lodging
|
A;S
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||||
Boardinghouse
|
S
|
S
| ||||||||||
Customary home occupation
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
|
A;S
| ||||
Rooming house
|
S
|
S
|
S
|
S
|
S
| |||||||
Mixed use with residential
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| |||||
Live/work
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||||
Institutional
| ||||||||||||
Buildings, uses or facilities of any governmental unit
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||
Cemetery
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||
College/university
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||||
Community center
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||
Parking lot
|
S
|
S
|
S
|
P
|
P
|
P*
|
P*
|
S
|
S
|
S
| ||
Community parking lot
|
S
|
S
|
P*
|
P*
|
P
|
P
|
P*
|
P*
|
S
|
S
|
S
| |
Dormitories
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
|
A
| ||
Hospital
|
S
|
A
|
A
|
A
|
A;S
|
A
| ||||||
House of worship
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||
Membership club
|
S
|
S
|
S
|
P*
|
P*
|
P*
|
P*
| |||||
Museum
|
S
|
S
|
S
|
P*
|
P*
|
P*
|
P*
| |||||
Parks, open space, recreational facilities
|
P
|
P
|
P
|
P
|
P
|
P*
|
P
|
P
|
P*
|
P*
| ||
Public libraries
|
P
|
P*
|
P*
| |||||||||
School of general instruction
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||
Commercial
| ||||||||||||
Activity facility
|
P*
|
P*
|
P
|
P
|
P*
|
P*
| ||||||
Adult day-care facility
|
P*
|
P*
|
P
|
P
|
P*
|
P*
| ||||||
Adult uses
|
S
|
S
| ||||||||||
Amusement center
|
P*
|
P*
|
S
|
S
| ||||||||
Animal care facility
|
S
|
S
|
P*
|
S
|
S
| |||||||
Assembly hall
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||||
Bank
|
P*
|
A
|
P
|
P*
| ||||||||
Bar
|
P*
|
P*
|
P
|
P*
|
P*
|
P*
| ||||||
Billiard parlor
|
P*
|
P*
|
P
|
P*
|
P*
| |||||||
Bowling alley
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||||
Brewing of malt beverages or distilled spirits primarily for
on-site consumption
|
P*
|
P*
|
P*
|
P*
|
P*
| |||||||
Professional office
|
P
|
P
|
P
|
P
|
P*
|
P
|
P
|
P*
|
P*
| |||
Cabaret
|
S
|
S
|
P
|
P
|
P*
|
P*
| ||||||
Cannabis, adult-use on-site consumption
| S | S | S | S |
S
|
S
| ||||||
Cannabis, industrial
|
P*
|
P*
| ||||||||||
Cannabis, retail
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||||
Car rental
|
S
|
P*
|
S
|
S
|
S
| |||||||
Child day-care
|
P*;S
|
S
|
S
|
S
|
P*
|
P
|
P
|
P*
|
P*
| |||
Cottage industry
|
S
|
P
|
P
|
S
|
P*
|
P
|
P
|
P*
|
P*
| |||
Drive-thru (bank, restaurant, pharmacy, etc.)
|
P*
|
P*
|
P*
|
P*
|
P*
| |||||||
Funeral home
|
P*
|
P*
|
P*
|
P*
|
P*
| |||||||
Hotel
|
P*
|
P*
|
P*
|
P*
|
P*
|
P*
| ||||||
Laundromat
|
P*
|
P*
|
P
|
P
| ||||||||
Marina
|
P*
|
P*
| ||||||||||
Movie or professional theater, indoor concert venue
|
S
|
S
|
S
|
S
|
S
|
S
| ||||||
Nursing home
|
S
|
S
|
S
|
S
|
P*
|
P*
|
P*
|
P*
| ||||
Office park
|
P*
|
P*
| ||||||||||
Personal services
|
P
|
A
|
P*
|
P
|
P
|
P*
|
P*
| |||||
Restaurant
|
P*
|
A
|
P*
|
P
|
P
|
P*
|
P*
| |||||
Restaurant, carry-out
|
P*
|
A
|
P*
|
P
|
P*
|
P*
| ||||||
Restaurant, fast-food
|
P*
|
A
|
P*
|
P
|
P*
|
P*
| ||||||
Retail
|
P
|
A
|
P*
|
P
|
P
|
P*
|
P*
| |||||
Retail, neighborhood
|
S
|
S
|
P
|
A
|
P*
|
P
|
P
|
P*
|
P*
| |||
Self storage
|
P*
|
P*
| ||||||||||
Shopping center
|
P*
| |||||||||||
Tattoo parlor
|
P
|
P
|
P
|
P*
|
P*
| |||||||
Taxi service
|
S
|
S
|
S
|
P*
| ||||||||
Technical school
|
S
|
P*
|
P*
|
S
|
S
|
S
| ||||||
Industrial
| ||||||||||||
Agriculture
|
S
|
S
|
S
|
P*
|
P*
|
S
| ||||||
Automobile gas station
|
S
|
S
| ||||||||||
Automobile sales
|
S
|
S
| ||||||||||
Automobile service/repair
|
S
|
S
|
S
| |||||||||
Automobile wash
|
S
|
S
| ||||||||||
Boat repair
|
P*
|
S
| ||||||||||
Distribution facility/warehouse
|
P*
|
P*
| ||||||||||
Dry cleaner; commercial laundry
|
P*
|
P*
|
P*
| |||||||||
Industrial uses
|
P*
| |||||||||||
Storage yard
|
P*
|
P*
| ||||||||||
Wholesale
|
P
|
P*
|
P*
|
D.
Accessory uses. Uses customarily incidental and subordinate to principal
uses shown on the Schedule of Use Regulations shall be allowed on
the same terms as the principal uses, whether or not on the same lot,
unless otherwise indicated on the Schedule of Use Regulations. Noncommercial
recreational use shall be permitted as an accessory use in all districts.
E.
Mixed use. The City of Newburgh encourages the mixing of uses where
such mixing does not create land use conflicts. Accordingly, all special
use permit and/or site plan reviews for the same project shall be
consolidated into one proceeding before the City Planning Board for
site plan approval.
F.
Change of use or structure. A change of use is a change in the purpose
or level of activity within a building that implicates a change in
application of the requirements of the New York State Uniform Fire
Prevention and Building Code or the requirements of this chapter.
The following exceptions shall not be considered a change of use:
a change of ownership, tenancy, or named occupant(s) of a property
or building; a decrease in the number of units within a building provided
the proposed purpose remains the same as the purpose allowed on a
valid certificate of occupancy; an increase in the intensity of a
one-, two-, three-, or four-family structure by no more than a 20%
increase in square footage and a 20% increase in the number of units
proposed.
[Amended 11-23-2020 by Ord. No. 10-2020]
(1)
Uses by right (P). Any change of use of land or existing structures to a use permitted by right without site plan review (P on the Schedule of Use Regulations) shall not require approval from the City Planning Board or the Building Inspector. This shall not affect applicable requirements for obtaining building permits for construction or expansion of a structure from the Building Inspector under Chapters 121, 122, 125, and 126 of the Code of the City of Newburgh.
(2)
Uses by right subject to site plan review (P*). Except for one- and
two-family dwellings on a single lot, any change of the use of an
existing structure to a use permitted by right subject to site plan
review shall require site plan review only if it involves:
(a)
The development or redevelopment of any property or structure,
including but not limited to vacant property, for a new use.
(c)
The expansion of any existing use or any change of use of a
property or structure, where the City Planning Board has determined
that the alteration will substantially intensify the use or substantially
modify the site with respect to the generation of traffic, pedestrian
movement, parking needs, noise, glare, exposure to hazard from fire
or flood, utilization of water supply, sanitary sewer, drainage or
other utility system and may have a substantial impact upon the character
or environment of the surrounding area. This includes an increase
in density in residential areas.
(3)
Uses by special use permit ("S" on the Schedule of Use Regulations).
(a)
A special use permit shall be required for any change of use
from a use that does not require a special use permit, or a use permitted
in the zone, to a use that does require a special use permit.
(b)
Once a special use permit has been granted, it shall run with
the land and apply to the approved use and to all subsequent owners,
tenants and occupants engaged in the same use. The special use permit
shall also apply to any subsequent use of the property in the same
use category, provided that such use has no greater impact on adjoining
properties, complies with all terms and conditions of the special
use permit, and does not involve new construction, enlargement, exterior
alteration of existing structures, increased parking, or other changed
use of outdoor areas. Any change to another use allowed by special
use permit shall require the granting of a new special use permit
or a special use permit amendment.
G.
Rebuilding, replacement, expansion of structures. The rebuilding/replacement
on the same footprint of any structure for a use which requires site
plan review (P*) or a special use permit (S) shall require site plan
review, even if it is a continuation of the same use.
H.
Special site design considerations.
(1)
In the Conservation Development District (CDD). The purpose of the CDD is to encourage conservation of environmental resources in exchange for flexibility in building and area requirements and the potential for granting more intensive development if conservation goals stated in § 300-33 are achieved. A minimum of 50% of net land shall be preserved by a permanent conservation easement or deed restriction as open space. Buildings shall have a maximum height of four stories or 50 feet and a maximum length of 200 feet. Additional regulations for the CDD are in § 300-33.
(2)
Buildings shall be placed in front of their parking lots to screen
the parking from the road. This requirement shall not apply if the
entire site is screened from the road by natural vegetation and/or
natural topography. The City Planning Board may modify or waive this
requirement where unusual lot configurations, such as corner lots
or through lots, make compliance with this requirement impractical
or impossible or where the predominant character of surrounding development
is such as compliance with this requirement would serve no useful
purpose, provided that the applicant minimizes the visual impacts
of such parking areas.
B.
Purpose. The restrictions and controls in this section regulate development
as set forth in the Schedule of Bulk, Area, and Parking Regulations,
which are supplemented by the other sections of this chapter. This
chapter shall not interfere with or abrogate or annul any easement,
covenant or other agreement between parties; provided, however, that
when this chapter imposes a greater restriction on the use of buildings
or land or on the height of buildings or requires larger open spaces
or imposes any higher standards than are imposed or required by any
other statute, law, ordinance, rule or regulation, or by any easement,
covenant or agreement, the provisions of this chapter shall control.
Where the requirements of this chapter differ from the requirements
of another statute, law, ordinance, rule or regulation, the more restrictive
shall govern.
C.
Exempt uses. The provisions of this article shall not apply in any
of the following instances:
(1)
Public parks, playgrounds or similar recreational areas owned or
operated by a governmental authority with permission of the Building
Inspector.
(2)
Firehouses, police stations, or other public safety uses owned or
operated by the City of Newburgh, Orange County, or by any governmental
authority, with permission of the Building Inspector.
(3)
Other municipal buildings, uses, or utility services operated by
the City of Newburgh with permission of the Building Inspector.
D.
Additional dimensional requirements.
(1)
Corner lots. A yard equal to the required front yard shall be provided
with respect to any lot line that abuts a street. The other yards
shall be deemed to be side yards.
(2)
Through lots. The Building Inspector shall designate a front and
rear yard in keeping with the predominant development pattern of the
area and/or to promote consistency with the goals of the Comprehensive
and Land Use Plans.
(3)
With respect to one-, two-, three-, and four-family houses, no more
than one principal building and its accessory structures and uses
may be located on one lot.
E.
Subdivision of a lot. Where a lot is subdivided from an existing
lot already occupied by a building or structure, both the existing
lot and the newly subdivided lot shall conform to the requirements
of this chapter with respect to existing building(s) and all yards
and other required spaces in connection therewith.
F.
Required street frontage. No building permit shall be issued nor
shall any site plan be approved for the construction of any new building
or structure unless the lot upon which the use is to be established
or such structure is to be built has frontage of at least 20 feet
on a dedicated public street or on a street or highway which has been
suitably improved to City road standards or a bond posted therefor
and unless the actual access to such use or such structure will be
over such frontage.
G.
Multiple residential buildings on one lot. A lot may contain more
than one principal apartment house, provided that the lot conforms
to the applicable density requirements of the underlying zoning district.
Such lot may not later be subdivided unless the subdivided lots conform
to the dimensional regulations in effect when the subdivision is proposed.
H.
Projections into required yards.
(1)
Every part of a required yard shall be open from its lowest point
to the sky unobstructed, except for the ordinary projection of sills,
belt courses, pilasters, leaders, chimneys, cornices, eaves and ornamental
features, provided that no such projection may extend more than four
feet into any required yard.
(2)
Bays, including their cornices and eaves, may extend not more than
four feet into any required yard, provided that the sum of such projections
on any wall shall not exceed 1/3 the length of such wall.
(3)
An open fire balcony or fire escape may extend not more than four
feet into any required yard.
(4)
Steps and stairs may extend not more than four feet into the required
side or rear setback area.
(5)
Awnings or movable canopies may extend not more than four feet into
the required side or rear setback area.
I.
Height exceptions. The height limitations in the Dimensional Table
shall not apply to any flagpole, radio or television receiving antenna,
spire or cupola, chimney, elevator or stair bulkhead, parapet or railing,
water tank, or any similar nonhabitable structure, provided that such
structure is firmly attached to the roof or side of a building and
covers no more than 10% of the roof area.
J.
Setbacks for accessory structures and uses.
(1)
Any accessory structure attached to a principal building and any
detached garage, tennis court, or swimming pool shall comply with
the minimum setback requirements of this chapter applicable to the
principal building. Other detached accessory structures or uses may
encroach into required setback areas, provided that they:
(a)
Are not used for human habitation;
(b)
Have a footprint no larger than 200 square feet;
(c)
Do not exceed 16 feet in height;
(d)
Do not occupy more than 10% of the rear setback area;
(e)
Are set back at least 10 feet from side lot lines;
(f)
Are not located closer to the street than the front yard setback
required for a principal building, except for fences, gates, mailboxes,
signs, with less than 100 square feet of footprint, as well as ornamental
structures, such as entry pillars and statues; and
(g)
Are not used for housing animals.
(2)
For corner lots, the setback from all streets shall be the same for
accessory structures as for principal buildings.
K.
Setbacks involving irregular buildings and lot lines. Where structures
or lot lines are irregular or unusual in configuration, all points
on the structure shall satisfy the minimum setback requirements from
that point on the lot line which is the shortest distance from the
structure.
L.
Fences (including hedges). The setback requirements of this chapter
shall not apply to any fences less than four feet high in any front,
side, or rear yard, except where corner clearances are required for
traffic safety.
[Amended 11-23-2020 by Ord. No. 10-2020; 5-22-2023 by Ord. No. 3-2023]
Schedule of Bulk, Area and Parking Regulations: Single-Family
Residential(4)/Low-Density Residential
Use
|
Use Type (4)
|
Minimum Area Lot
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
(feet)
|
Minimum front Yard
(feet)
|
Minimum Side Yard Each
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Height
(stories)
|
Maximum Height
(feet)
|
Maximum Lot Coverage
(percent)
|
Off-Street Parking Required (2)
(number of spaces
|
---|---|---|---|---|---|---|---|---|---|---|---|
One-family detached dwelling; two- or three-family dwelling
(new construction)(1)
|
P*
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
40
|
30%
|
2 per dwelling unit
|
Row or attached townhouse
|
P
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
40%
|
1 per dwelling unit
|
Two- or three-family dwelling within a preexisting building
|
P*
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
40
|
30%
|
2 per dwelling unit
|
Residential care facility
|
S
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
As determined by Planning Board
|
Cooperative house (3)
|
P
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
40
|
30%
|
2 per 3 bedrooms or portion thereof
|
Bed-and-breakfast
|
A;S
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
1 per guest room; 1 for dwelling unit
|
Boardinghouse
|
S
|
3,500
|
30
|
80
|
10
|
5
|
20
|
3
|
40
|
40%
|
2 per 3 bedrooms or portion thereof
|
Child day-care
|
S
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
40
|
30%
|
2
|
Home occupation/home professional office
|
A;S
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
40
|
30%
|
Dwelling unit requirement plus 1 per nonresident employee
|
Cemetery
|
P*
|
40,000
|
20
|
20
|
20
|
2
|
25
|
As determined by Planning Board
| |||
College/university
|
P*
|
As determined by City Planning Board and in accordance with
facility master plan.
| |||||||||
Community center
|
S
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
| |
Community parking area
|
S
|
2,500
|
5
|
5
|
5
|
4
| |||||
Cottage industry
|
S
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
45
|
60%
|
1 per 500 square feet
|
House of worship
|
P*
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
Private recreational facilities
|
A
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
Public parks, playgrounds
|
P
|
As determined by Planning Board
| |||||||||
Agriculture
|
S
|
As determined by City Planning Board and in accordance with
facility master plan.
|
NOTES:
| |
(1)
|
A detached dwelling may have less than the required side yard
on one side if a ten-foot yard is provided by the adjacent use along
the same lot line and where the dwelling provides a ten-foot minimum
side yard along the other side.
|
(2)
|
Parking subject to Article IX.
|
(3)
|
Cooperative houses in existence at the time this chapter is
adopted must submit a complete application for a special permit to
the City Planning Board within six months of this chapter's adoption.
|
(4)
|
Single-family residential is the only use permitted in the Single-Family
Residential District.
|
Accessory structures and uses are permitted pursuant to § 300-31. Accessory uses and structures, as well as other applicable sections of this chapter.
|
Schedule of Bulk, Area and Parking Regulations: Medium-Density
Residential
Use
|
Use Type
|
Minimum Area Lot
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
(feet)
|
Minimum Front Yard
(feet)
|
Minimum Side Yard Each (2)
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Height
(Stories)
|
Maximum Height
(feet)
|
Maximum Lot Coverage
(percent)
|
Off-Street Parking Required (4)
(number of spaces)
|
---|---|---|---|---|---|---|---|---|---|---|---|
Apartment house (5)
|
P*
|
1,800 per dwelling unit
|
45
|
80
|
10
|
10
|
20
|
4
|
45
|
50%
|
0.75 per bedroom
|
One-family detached dwelling; two- or three-family dwelling
(new construction) (1)
|
P
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
2 per dwelling unit
|
Row or attached townhouse
|
P
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
40%
|
1 per dwelling unit
|
Two-, three-, or four-family dwelling within a preexisting building
|
P
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
1 per dwelling unit
|
Residential care facility
|
S
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
As determined by Planning Board
|
Cooperative house
|
P
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
2 per 3 bedrooms or portion thereof
|
Bed-and-Breakfast
|
A; S
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
1 per guest room; 1 for dwelling unit
|
Boardinghouse (3)
|
S
|
3,500
|
30
|
80
|
10
|
5
|
20
|
3
|
40
|
40%
|
2 per 3 bedrooms; or portion thereof
|
Home occupation/home professional office
|
A;S
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
30%
|
Dwelling unit requirement plus 1 per nonresident employee
|
Live/work
|
P*
|
2,500
|
25
|
95
|
10
|
5
|
20
|
3
|
40
|
40%
|
2
|
Buildings, uses or facilities of governmental unit
|
P*
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
Cemetery
|
P*
|
40,000
|
20
|
20
|
20
|
2
|
25
|
As determined by City Planning Board
| |||
College/university
|
P*
|
As determined by City Planning Board and in accordance with
facility master plan.
| |||||||||
Community center
|
P*
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
Community parking area
|
S
|
2,500
|
5
|
5
|
5
|
4
| |||||
Cottage industry
|
S
|
2,500
|
25
|
95
|
15
|
10
|
20
|
3
|
45
|
60%
|
1 per 500 square feet
|
Child day-care
|
S
|
2,500
|
100
|
100
|
15
|
10
|
20
|
2.5
|
35
|
50%
|
2 per classroom
|
House of worship
|
P*
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
Public parks, playgrounds
|
P
|
As determined by Planning Board
| |||||||||
Professional office
|
P
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
School of general instruction
|
P*
|
15,000
|
100
|
150
|
30
|
30
|
30
|
3
|
40
|
50%
|
1 per 16 students
|
Laundromat
|
P*
|
2,500
|
25
|
95
|
10
|
10
|
10
|
3
|
35
|
70%
|
1 per 500 square feet
|
Nursing home
|
S
|
15,000
|
100
|
150
|
0
|
10
|
20
|
6
|
60
|
55%
|
1 per 4 beds, or as determined by City Planning Board
|
Neighborhood retail
|
S
|
2,500
|
25
|
95
|
10
|
10
|
10
|
3
|
35
|
70%
|
1 per 500 square feet
|
Agriculture
|
S
|
As determined by City Planning Board and in accordance with
facility master plan.
|
NOTES:
| |
(1)
|
A detached dwelling may have less than the required side yard
on one side if a ten-foot yard is provided by the adjacent use along
the same lot line and where the dwelling provides a ten-foot minimum
side yard along the other side lot line.
|
(2)
|
Where a dwelling shares a common wall meeting applicable building
and construction codes, no side yard is required.
|
(3)
|
Boardinghouses in existence at the time this chapter is adopted
must submit a complete application for a special permit to the City
Planning Board within six months of this chapter's adoption.
|
(4)
|
Parking subject to Article IX.
|
(5)
|
New construction of apartment houses in the Medium-Density District
is limited to 10 units per lot.
|
Accessory structures and uses are permitted pursuant to § 300-31, Accessory uses and structures, as well as other applicable sections of this chapter.
|
Schedule of Area, Bulk, and Parking Regulations: High-Density
Residential
Use
|
Use Type
|
Minimum Area Lot
(square feet)
|
Minimum Lot Width
(feet)
|
Minimum Lot Depth
(feet)
|
Minimum Front Yard
(feet)
|
Side Yard Each (2)
(feet)
|
Minimum Rear Yard
(feet)
|
Maximum Height
(stories)
|
Maximum Height
(feet)
|
Maximum Lot Coverage
(percent)
|
Off-Street Parking Required (4)
(number of spaces)
|
---|---|---|---|---|---|---|---|---|---|---|---|
Apartment house
|
P
|
500 per dwelling unit
|
30
|
70
|
0
|
10
|
20
|
6
|
60
|
55%
|
0.75 per bedroom
|
Two-, three-, or four-family dwelling within a preexisting building
|
P
|
2,000
|
20
|
70
|
0
|
5
|
20
|
4
|
45
|
55%
|
As determined by City Planning Board
|
One-family detached dwelling; two- or three-family dwelling
(new construction) (1)
|
P
|
2,000
|
20
|
70
|
0
|
5
|
20
|
3.5
|
45
|
55%
|
None
|
Residential care facility
|
S
|
2,000
|
20
|
70
|
0
|
5
|
20
|
4
|
45
|
55%
|
0.33 per bedroom (or as determined by City Planning Board)
|
Cooperative house
|
P
|
2,000
|
20
|
70
|
0
|
5
|
20
|
4
|
45
|
55%
|
None
|
Bed-and-Breakfast
|
A; S
|
2,000
|
20
|
70
|
0
|
5
|
20
|
4
|
45
|
55%
|
1 space per guest room (in addition to those required for dwelling
unit)
|
Home occupation/home professional office
|
A; S
|
2,000
|
20
|
70
|
0
|
5
|
20
|
4
|
45
|
55%
|
0.33 per nonresident employee, in addition to dwelling unit
requirement
|
Live/work
|
P*
|
2,000
|
20
|
70
|
0
|
5
|
20
|
4
|
45
|
55%
|
2
|
Buildings, uses or facilities of any governmental unit/public
library
|
P*/P
|
2,000
|
20
|
70
|
0
|
5
|
20
|
2.5
|
35
|
70%
|
As determined by Planning Board
|
Cemetery
|
P*
|
40,000
|
20
|
20
|
20
|
2
|
25
|
As determined by City Planning Board
| |||
College/university
|
P*
|
As determined by City Planning Board and in accordance with
facility master plan.
| |||||||||
Community center
|
P*
|
5,000
|
45
|
95
|
15
|
10
|
20
|
3
|
40
|
50%
|
As determined by Planning Board
|
Public parking
|
S
|
5
|
5
|
5
|
4
|
45
| |||||
Hospital
|
A
|
As determined by City Planning Board and in accordance with
facility master plan.
| |||||||||
House of worship/assembly hall/funeral home
|
P*
|
7,500
|
75
|
100
|
0
|
20
|
20
|
3
|
40
|
70%
|
1 per 5 seats
|
Public parks, playgrounds, open space
|
P
| ||||||||||
School of general instruction
|
P*
|
15,000
|
100
|
150
|
0
|
10
|
30
|
3
|
40
|
70%
|
1 per 19 students
|
Adult day-care center
|
P*
|
5,000
|
30
|
70
|
0
|
5
|
20
|
3
|
35
|
55%
|
1.5 per classroom
|
Child day-care center
|
S*
|
5,000
|
30
|
70
|
0
|
5
|
20
|
3
|
35
|
55%
|
1.5 per classroom
|
Hotel/motel
|
P*/P
|
7,500
|
75
|
100
|
0
|
20
|
20
|
4
|
45
|
60%
|
1.0 per room, plus parking for accessory uses
|
Laundromat
|
P*
|
5,000
|
30
|
70
|
0
|
5
|
20
|
2
|
25
|
55%
|
1 per 500 square feet
|
Movie or professional theater
|
S
|
—
|
—
|
—
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 4 seats
|
Nursing home
|
S
|
15,000
|
100
|
150
|
0
|
10
|
20
|
6
|
60
|
55%
|
1 per 4 patient beds, or as determined by City Planning Board
|
Taxi service
|
S
|
5,000
|
30
|
70
|
10
|
5
|
10
|
2
|
25
|
60%
|
1 per 300 square feet, plus adequate parking for all fleet vehicles
|
Automobile service/repair
|
S
|
5,000
|
30
|
70
|
10
|
5
|
10
|
2
|
25
|
60%
|
2 per repair bay
|
Neighborhood retail
|
S
|
2,500
|
25
|
95
|
10
|
10
|
10
|
3
|
35
|
70%
|
1 per 500 square feet
|
Professional office
|
P
|
5,000
|
30
|
70
|
0
|
5
|
20
|
3
|
35
|
55%
|
As determined by Planning Board
|
Agriculture
|
S
|
As determined by City Planning Board and in accordance with
facility master plan.
|
NOTES:
| |
(1)
|
A detached dwelling may have less than the required side yard
on one side if a ten-foot yard is provided by the adjacent use along
the same lot line and where the dwelling provides a ten-foot minimum
side yard along the other side lot line.
|
(2)
|
Where a dwelling shares a common wall meeting applicable building
and construction codes, no side yard is required.
|
(3)
|
Boardinghouses in existence at the effective date of this chapter
must submit a complete application for a special use permit to the
City Planning Board within six months of the effective date of this
chapter.
|
(4)
|
Parking subject to Article IX.
|
Accessory structures and uses are permitted pursuant to § 300-31, Accessory uses and structures, as well as the other applicable sections of this chapter.
|
Schedule of Bulk, Area and Parking Regulations: Commercial
and Industrial Zones
Use
|
Commercial Use Type
|
Industrial Use Type
|
Neighborhood Commercial Overlay
|
Broadway Corridor Use Type
|
Minimum Front Yard
(feet)
|
Minimum Side Yard Each (1)
(feet)
|
Minimum Rear Yard (1)
(feet)
|
Maximum Height
(stories)
|
Maximum Height
(feet)
|
Maximum Lot Coverage
(percent)
|
Off-Street Parking Required (2)
(number of spaces)
|
---|---|---|---|---|---|---|---|---|---|---|---|
Activity facility
|
P*
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 4 people allowed during maximum occupancy
| |
Adult day-care facility
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
| ||
Adult uses
|
S
|
S
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 2 people allowed during maximum occupancy
| ||
Agriculture
|
P*
|
P*
|
As determined by City Planning Board and in accordance with
facility master plan
| ||||||||
Amusement center
|
P*
|
P*
|
S
|
—
|
—
|
—
|
60%
|
1 per 200 square feet
| |||
Animal care facility
|
S
|
S
|
P*
|
S
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 200 square feet
|
Assembly hall/banquet hall
|
P*
|
P*
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 3 people allowed during maximum occupancy
| |
Automobile gasoline station
|
S
|
S
|
10
|
5
|
10
|
1
|
15
|
60%
|
1 per 3 gas pumps; plus parking for accessory uses
| ||
Automobile service/repair
|
S
|
S
|
10
|
5
|
10
|
2
|
25
|
60%
|
2 per repair bay
| ||
Automobile wash
|
S
|
S
|
10
|
5
|
10
|
1
|
15
|
60%
|
*
| ||
Bank
|
P*
|
A
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
| |
Bar
|
P*
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 150 square feet
| |
Billiard parlor
|
P*
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1.5 per table
| |
Boat repair
|
P*
|
10
|
5
|
10
|
2
|
25
|
60%
|
As determined by City Planning Board
| |||
Bowling alley
|
P*
|
P*
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
3 per lane; plus parking for accessory uses if such uses occupy
more than 300 square feet
| |
Brewing of malt beverages or distilled spirits primarily for
on-site consumption
|
P*
|
P*
|
P*
|
10
|
10
|
10
|
4
|
45
|
70%
|
1 per 1,000 square feet
| |
Business or professional office; office
|
P
|
P
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
|
Cabaret
|
S
|
S
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 100 square feet
| |
Cannabis, adult-use on-site consumption
|
S
|
S
|
S
|
S
|
4
|
45
|
60%
|
1 per 150 square feet
| |||
Cannabis, industrial
|
P*
|
P*
|
4
|
45
|
60%
|
1 per 150 square feet
| |||||
Cannabis, retail
|
P*
|
P*
|
P*
|
P*
|
4
|
45
|
60%
|
1 per 150 square feet
| |||
Car rental
|
S
|
P*
|
S
|
10
|
5
|
10
|
2
|
25
|
60%
|
1 per 300 square feet, plus adequate parking for rental vehicles
| |
Cemetery (3)
|
P*
|
P*
|
P*
|
20
|
20
|
20
|
2
|
25
|
As determined by City Planning Board
| ||
College/university
|
P*
|
As determined by City Planning Board and in accordance with
facility master plan
| |||||||||
Cottage industry
|
S
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 500 square feet
| |||
Child day-care center
|
S
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1.5 per classroom
| |
Distribution facility/warehouse
|
P*
|
P*
|
10
|
10
|
10
|
3
|
35
|
70%
|
1 per 1,000 square feet
| ||
Drive-thru
|
P*
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
As determined by City Planning Board
| ||
Dry cleaner/commercial laundry
|
P*
|
P*
|
P*
|
10
|
10
|
10
|
3
|
35
|
70%
|
1 per 500 square feet
| |
Funeral home
|
P*
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 100 square feet or, 1 per 5 seats in chapel, whichever
is greater
| ||
Hospital
|
A
|
A/S
|
As determined by City Planning Board and in accordance with
facility master plan.
| ||||||||
Hotel/motel
|
P*
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
1.0 per room; plus parking for accessory uses
| ||
House of worship
|
P*
|
P*
|
0
|
20
|
20
|
4
|
45
|
70%
|
1 per 5 seats
| ||
Industrial uses
|
P*
|
10
|
10
|
10
|
3
|
35
|
70%
|
1 per 1,000 square feet
| |||
Membership club
|
S
|
S
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
As determined by City Planning Board
| |
Movie or professional theater
|
S
|
S
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 4 seats
| ||
Museum
|
S
|
S
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
| |
Nursing home
|
S
|
P*
|
0
|
10
|
20
|
6
|
60
|
55%
|
1 per 4 beds, or as determined by City Planning Board
| ||
Park
|
P
|
P
|
P
|
—
|
—
|
—
|
As determined by City Planning Board
| ||||
Parking area, community
|
P
|
P
|
P*
|
5
|
5
|
5
|
4
|
45
| |||
Personal services
|
P
|
A
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
|
Residential care facility
|
P
|
0
|
5
|
20
|
4
|
45
|
55%
|
0.33 per sleeping room (or as determined by City Planning Board)
| |||
Restaurant
|
P*
|
A
|
P*
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 100 square feet
|
Restaurant, carry-out
|
P*
|
A
|
P*
|
P
|
—
|
—
|
—
|
2
|
25
|
60%
|
1 per 100 square feet
|
Restaurant, fast-food
|
P*
|
A
|
P*
|
P
|
—
|
—
|
—
|
25
|
60%
|
1 per 100 square feet
| |
Retail store
|
P
|
A
|
P*
|
P
|
—
|
—
|
—
|
2
|
45
|
60%
|
1 per 300 square feet
|
Retail, neighborhood
|
P
|
A
|
P*
|
P
| |||||||
Rooming house
|
S
|
S
|
—
|
—
|
—
|
4
|
45
|
60%
|
0.5 per boarding unit
| ||
Self storage
|
P*
|
P*
|
10
|
10
|
10
|
4
|
45
|
70%
|
1 per 1,000 square feet
| ||
Shopping center
|
P*
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
| |||
Tattoo parlor
|
P
|
P
|
—
|
—
|
—
|
4
|
45
|
60%
|
1 per 300 square feet
| ||
Taxi service
|
S
|
S
|
S
|
P
|
10
|
5
|
10
|
2
|
25
|
60%
|
1 per 300 square feet, plus adequate parking for all fleet vehicles
|
Technical school
|
S
|
P*
|
P*
|
S
|
—
|
—
|
—
|
4
|
45
|
60%
|
As determined by City Planning Board
|
Wholesale
|
P
|
P*
|
P
|
P*
|
10
|
10
|
10
|
4
|
45
|
70%
|
1 per 1,000 square feet
|
A.
Purpose and intent. The purpose of the Conservation Development District
(CDD) is to encourage conservation of environmental resources in exchange
for flexibility in bulk and area requirements and the potential for
granting more intensive development if conservation goals stated herein
are achieved. The primary goals of the CDD are to:
(1)
Preserve open space.
(2)
Preserve or enhance environmentally sensitive features.
(3)
Protect steep slopes by preserving vegetative cover to minimize the
impacts of erosion and sedimentation.
(4)
Provide opportunities for on-site stormwater management and groundwater
recharge.
(5)
Protect and enhance scenic views.
(6)
Encourage flexibility in the design of residential land uses that
may not be permitted under traditional zoning regulations.
(7)
Promote a range of housing types.
(8)
Create on-site recreation opportunities.
(9)
Promote integration with neighboring land uses through trails and
waterfront access points.
B.
Allowable uses. Any uses permitted by right in the Residential R-1,
R-Low, R-Med and R-High Districts.
C.
Definitions. For the purposes of this section, "environmental resource
areas" are areas of slopes over 20%, delineated wetlands, streams,
lakes, and their adjacent one-hundred-foot buffers, one-hundred- and
five-hundred-year floodplains and floodways, areas within the WPO,
ridgelines, scenic viewsheds, ecologically sensitive areas and other
environmentally sensitive features determined by the City Planning
Board.
D.
Standards.
(1)
Multiple parcels allowed. Contiguous parcels under common ownership
may be considered as one site under this section.
(2)
Applications for site plan approval must be in keeping with, and
further the goals stated in, the purpose and intent of this section.
(3)
Dimensional standards. The density and dimensional standards in § 300-32 and all other density and dimensional regulations in this chapter, other than those contained in this section and the parking and loading requirements in Article IX, shall not apply and are superseded by this subsection. Dimensional and density standards shall be approved by the City Planning Board based on physical characteristics of the site, the character of the proposed development, relevant performance standards in this chapter, and the requirements of the SEQRA process.
(a)
The number of dwelling units allowed in a CDD shall be equal
to the gross area of the CDD site less the environmental resource
areas; the remaining number divided by 3,000 square feet.
(b)
Applicants in the CDD may be eligible for a density bonus of
up to 20%, at the discretion of the City Planning Board, based on
the plan's furtherance of the purposes of this article.
(c)
Buildings shall have a maximum length of 200 feet.
(d)
Buildings shall have a maximum height of four stories or 50
feet. However, the City Planning Board may adjust the maximum allowable
height in order to maintain compatibility with surrounding land uses
or to protect important views or to protect, preserve, and enhance
the environmental features of the site.
(e)
Maximum impervious coverage shall be 15% of the total gross
land area, including preserved open space areas.
(4)
A minimum of 50% of the land area of the parcel shall be preserved
by a permanent conservation easement or deed restriction as open space.
Open space land preserved under this subsection may include ponds
and streams, wetlands and wetland buffers, steep slopes, ridgelines,
scenic viewshed areas, and recreational areas, such as trails. It
shall not include land that is covered by impervious surface other
than trails or paths.
(5)
Each CDD site must include passive recreation on the site, such as
walking trails.
(6)
The development area shall be treated as a unit. Regardless of the
form of ownership of the property or its division into separate parcels,
the open space, and other dimensional requirements in this section
shall apply to the entire area zoned CDD and not to any individual
parcels or lots which are portions thereof.
(7)
Off-street parking must be provided on the CDD site in accordance with requirements stated in Article IX. Parking areas must be screened from environmental resource areas and adjacent residentially zoned parcels, except where doing so would not further the goals of this section (i.e., parking areas of two adjacent CDD sites may abut each other without screening).
(8)
Adequate internal circulation must be provided, including adequate
access for emergency vehicles.
E.
Application procedure. For any application within the Conservation Development District, the applicant shall prepare a conservation analysis of the land (as described in § 300-33D) to be submitted with the site plan application. The site plan application in a CDD shall also contain such other information as the City Planning Board deems necessary to determine whether or not the plan complies with the requirements of this subsection. The site plan application package shall also include a management plan for the future of the proposed development as a unified entity.
F.
The City Planning Board shall refer applications for site plan approval
under this section to the Conservation Advisory Council (CAC). The
CAC has 30 days from the referral to provide its comments on the application.