A.
Compliance with performance standards. No use shall hereafter be
established, altered, moved or expanded unless it complies with the
performance standards set forth in this section. Continued conformance
with such standards, once applicable, shall be a requirement for the
continuance of any certificate of occupancy.
B.
Purpose of performance standards. Consistent with the general purposes
of this chapter, performance standards shall set specific controls
on potentially objectionable external aspects of all uses in order
to:
(1)
Reduce to a reasonable minimum the dissemination of smoke, gas, dust,
odor or other atmospheric pollution outside the building in which
the use is conducted.
(2)
Control noise and light perceptible beyond the boundaries of the
site of the use.
(3)
Limit the discharge of treated wastes and prohibit the discharge
of untreated wastes into any watercourse.
(4)
Limit the dissemination of vibration, heat or electromagnetic interference
beyond the immediate site on which the use is located.
(5)
Limit physical hazard by reason of fire, explosion, radiation or
any similar cause.
(6)
Regulate and control the generation and flow of vehicular traffic
in order to prevent hazardous conditions, traffic congestion, and
excessive noise in the streets.
C.
Noise. No noises shall be emitted in violation of Chapter 212 of the Code of the City of Newburgh. In addition, the following specific standards apply to noise:
(1)
Sound levels shall be determined at the lot line of the lot from
which the noise is emitted. Sound measurements shall be accomplished
through a sound-level meter having an A-weighted filter and constructed
in accordance with specifications of the American National Standards
Institute or other generally accepted standard for the measurement
of sound.
(2)
No person, firm or corporation shall allow the emission of sound
which, as measured at the lot lines, has a sound level in excess of:
(3)
Sounds emitted at levels lower than those prohibited by Subsection C(2) above shall not be permitted if, because of the type or frequency of the noise emitted, such sounds are offensive, disruptive or in continual disharmony with the character of an adjoining or nearby residential neighborhood.
(4)
Exemptions. The following shall be exempt from the noise level regulations:
(a)
Noises not directly under the control of the property user.
(b)
Noises emanating from construction and maintenance activities
between 8:00 a.m. and sunset, Monday through Friday.
(c)
The noises of safety signals, warning devices, emergency pressure-relief
valves or other emergency warning signals.
(d)
Bells or chimes from a church or other place of worship.
D.
Exterior illumination and glare. No use shall produce glare so as
to cause illumination beyond the boundaries of the property on which
it is located in excess of 0.5 footcandle. All exterior lighting,
including security lighting, in connection with all buildings, signs
or other uses shall be directed away from adjoining streets and properties.
The City Planning Board may require special efforts to reduce the
impacts of exterior lighting, such as limiting hours of lighting,
planting screening vegetation, or installing light shields to alleviate
the impact of objectionable or offensive light and glare on neighboring
residential properties and public thoroughfares.
E.
Review procedures. As a part of site plan review of potentially objectionable
external aspects and therefore subject to these performance standards,
the reviewing board may require the applicant, at his or her own expense,
to provide such evidence as it deems necessary to determine whether
the proposed use will comply with these standards.
B.
Steep slopes.
(1)
For any subdivision, special use permit, site plan, building permit,
zoning permit, or variance that involves the disturbance of slopes
greater than 15%, conditions shall be attached to ensure that:
(a)
Adequate erosion control and drainage measures will be in place
so that erosion and sedimentation do not occur during or after construction,
as determined by the Planning Board.
(b)
Cutting of trees, shrubs, and other natural vegetation will
be minimized, as determined by the Planning Board.
(c)
Safety hazards will not be created due to excessive road or
driveway grades or due to potential subsidence, road washouts, landslides,
flooding or avalanches, as determined by the Planning Board.
(d)
Proper engineering review of plans and construction activities
will be conducted by the City to ensure compliance with this section,
paid for by escrow deposits paid by the applicant.
(e)
No certificate of occupancy will be granted until all erosion
control and drainage measures required pursuant to this section have
been satisfactorily completed.
(2)
Note: There will be no building allowed within 100 feet of a waterbody within the Waterbody Protection Overlay District according to the procedural requirements outlined in § 300-46.
(3)
Slope determinations shall be made based upon the topographic information
required for a particular approval, along with such other topographic
information as a reviewing board or official shall reasonably require
or the applicant shall offer. In cases of uncertainty or dispute,
a qualified professional retained by the City, at the applicant's
expense, shall determine the location of regulated slopes.
C.
Not more than 50% of any land within easements or rights-of-way for
overhead utilities (69 KV or greater) or within a designated street
line shall be counted as part of any minimum lot area requirement.
No building, structure, yard, or land proposed for prolonged habitual
human occupancy shall be located within such easement; however, a
road may traverse the easement.
D.
In calculating minimum lot area or allowable density, or dwelling unit count subject to § 300-33, the portion(s) of the lot that include the following shall be subtracted from the total lot area prior to the calculation of the size subject to the 50% allowable build area:
(1)
Ponds, streams, rivers, lakes;
(2)
Delineated wetlands;
(3)
Lands having slopes greater than 20%;
(4)
Areas within the Federal Emergency Management Agency designated one-hundred-
and five-hundred-year floodplains and floodways;
(5)
Areas within the WPO;
(6)
Ridgelines;
(7)
Scenic viewsheds;
(8)
Ecologically sensitive areas and other environmentally sensitive
features determined by the City Planning Board.
A.
There shall be a landscaped buffer strip along each boundary which
adjoins a lot in the residential districts or an existing dwelling
in any district. This strip shall be at least seven feet in width
and shall contain screening or plantings in the center of the strip
not less than four feet in width and six feet in height at the time
of occupancy of such lot. This planting strip shall be maintained
by the owner or occupant and shall be maintained as a dense screen
on a year-round basis.
B.
At least 50% of the plantings shall consist of evergreens.
C.
At the discretion of the City Planning Board, a solid wall or fence
of at least six feet in height may be substituted for such a landscaped
buffer strip.
A.
No person shall park, keep, or store, or permit the parking, keeping,
or storing on any lot within the residential districts of any "tractor,"
"tractor-trailer combination," "semitrailer," or "bus" as defined
in the Vehicle and Traffic Law of the State of New York.
B.
This section shall not be construed as permitting the continuation
of any such storage, parking, garaging, or keeping as a nonconforming
use, by a business lawfully in operation as of the effective date
of this chapter.
C.
The outside storage of not more than one unoccupied recreational
vehicle or boat and trailer not exceeding 35 feet in length is permitted
within lots in the residential districts.
A.
All swimming pools must meet the requirements of the New York State
Building Code and must be operated and maintained in compliance with
the New York Sanitary Code.
B.
No swimming pool shall be filled or used until the Building Inspector
certifies that the swimming pool meets all necessary requirements
and that the owner has presented evidence of liability insurance of
not less than $100,000.
A.
Notwithstanding any other provision contained herein, the rights
of the City to open, grade, pave and complete for public use the severable
streets and roads laid out pursuant to the authority of the Laws of
1867, Chapter 674, and set forth in the Commissioner's Report of the
Streets and Roads in the City of Newburgh, dated February 11, 1868,
shall be preserved and maintained.
B.
Notwithstanding any other provision contained herein and for the
purpose of ensuring a connection between the shore of said City and
the navigable waters of the Hudson River and enabling the authorities
of the City to extend all streets terminating at the river into the
waters of the Hudson River, all estate, title and interest to all
such lands under water of the river in front of said streets shall
be vested in the City for the use and purpose of public streets and
highways forever.
C.
Notwithstanding any other provision contained herein, all existing
public rights-of-way and easements, including but not limited to rights
of travel on City streets and access to the Hudson River, shall be
preserved and maintained.
D.
Notwithstanding any other provision contained herein, all rights
granted to the City of Newburgh by the Charter of the City of Newburgh
and the laws of the State of New York to extend existing City streets
to the Hudson River shall remain in force and effect.
E.
Notwithstanding any other provision contained herein, all rights
granted to the City of Newburgh by the Charter of the City of Newburgh
and the laws of the State of New York to extend Front Street shall
remain in force and effect.
Nothing in this chapter shall restrict the construction or use
of underground or overhead distribution conduits of public utilities
operating under the laws of the State of New York. Public utility
buildings and electrical substations are permitted in all zoning districts;
however, they are only permitted in a residential district when the
location within such district is necessary for the direct furnishing
of service to customers and provided that no offices, warehouses,
construction, repair shops or garage facilities are included, and
provided that a special use permit is obtained from the City Planning
Board. Nothing herein shall be construed to allow cellular or personal
communication facilities in accordance with this section.
No mobile home shall be permitted in any district in the City
of Newburgh, except as an office by a contractor during construction,
upon issuance of a permit by the Building Inspector and payment of
the appropriate fee.
A.
The City Planning Board will determine the maximum number and type
of animals to be boarded based on site conditions, ability of the
proposed facility to provide a safe and sanitary environment for the
animals and their caretakers, and the ability to mitigate any potential
noise, odor, or community character impact.
B.
The City Planning Board may consider the number and size of animals
to be sheltered and impose reasonable conditions to protect neighbors,
aesthetic impact and animal safety in order to ensure the health,
safety and general welfare of the community.
C.
All boarding of pets shall be indoors.
D.
If stored outside, no animal waste or substance which produces a
noxious or offensive odor or dust shall be stored or permitted to
accumulate within 200 feet of any lot line, 100 feet of any street,
wetland, lake or stream. The storage area, whether inside or outside
shall not attract or harbor vermin, rodents, flies or other animals
and shall be subject to the approval of the City Planning Board. If
the Building Inspector or other Code Enforcement Officer determines
that a problem does exist, he or she shall so notify the owner in
writing, and the owner must commence steps to rectify the situation
within a timely fashion but not to exceed 30 days. If the problem
is not rectified in a satisfactory manner, the Building Inspector
or other Code Enforcement Officer may commence criminal proceedings
against the owner or other person(s) responsible for such violation(s),
and, upon a conviction thereof, such owner or other responsible person
shall be liable for any and all fines and/or penalties applicable
to violations of this chapter. If the situation is not rectified within
30 days from the date upon which the violation should have been rectified,
the Building Inspector or Code Enforcement Officer may commence any
and all appropriate proceedings for revocation of the special use
permit.
A.
Location. No adult use shall be located within 500 feet of:
(1)
Any dwelling unit, provided that as of the effective date of this
chapter said dwelling existed.
(2)
Any lot within the residential districts and the Broadway Corridor,
Downtown Neighborhood, Waterfront Gateway or the Planned Waterfront
District zoning districts.
(3)
Another adult use.
(4)
Any school, church, house of worship, park, playground, or playing
field.
B.
No more than one adult use as defined in this chapter shall be located
on any lot.
C.
Termination of use; extension.
(1)
In all districts, a nonconforming adult use shall terminate within
one year after the effective date of this chapter or from such later
date that the adult establishment becomes nonconforming, except that
such use may be continued for a limited period of time by the Zoning
Board of Appeals, provided that:
(a)
An application is made by the owner of such use to the Zoning
Board of Appeals at least 120 days prior to the date on which such
use must terminate;
(b)
The applicant has made, prior to the nonconformity, substantial
financial expenditures related to the nonconforming use;
(c)
The applicant has not recovered substantially all of the financial
expenditures related to the nonconforming use; and
(d)
The period for which such use may be permitted to continue is
the minimum period sufficient for the applicant to recover substantially
all of the financial expenditures incurred related to the nonconforming
use.
(2)
For the purposes of this section, "financial expenditure" shall mean
the capital outlay made by the applicant to establish the adult use,
exclusive of the fair market value of the building in which the use
is located and exclusive of any improvements unrelated to the nonconforming
adult use.
In addition to the requirements set forth in this Chapter 300 of the Code of the City of Newburgh, the City of Newburgh Local Waterfront Revitalization Program adopted May 14, 2001, as it may be amended from time to time, shall apply to all properties located within the City of Newburgh Local Waterfront Revitalization Program boundaries, and compliance with the City of Newburgh Waterfront Consistency Review Law, Chapter 159, Article III, of the Newburgh City Code, is required. A copy of the City of Newburgh Local Waterfront Revitalization Program is available in the office of the Newburgh City Clerk.
