This chapter shall be known and may be cited as the "City of Newburgh, New York Zoning Ordinance."
This chapter enables the City of Newburgh to protect the diverse character of the City while also giving landowners a range of options and choices for the use, development, and conservation of their land. It is designed to strike a balance between achieving the community's goals as expressed in the City's Comprehensive Plan and protecting the property interests of landowners, providing a development approval process that is predictable, efficient and fair.
Overview. This section provides a brief overview of what is in the Zoning Law.
The Schedule of Use Regulations in § 300-31 identifies the uses allowed in each district. The definitions in § 300-6 explain meanings of the different use categories. Several of the uses are also regulated by supplementary regulations in Article VIII, which are referenced in the Schedule of Use Regulations.
Articles VI and VII address overlay districts, which are special districts designed primarily to protect special resources from inappropriate development and to maintain the City's character and natural and historic resources. The provisions of these districts apply in addition to those of the underlying land use district.
Article X contains rules for allowing the continuation of buildings and uses that were legal under previous regulations but do not conform to this chapter.
Supplementary regulations in Article VIII contain performance standards for all development, as well as additional requirements for specific types of uses and structures.
Articles X, XI, XII and XIII explain the procedures for obtaining various types of approvals and permits from the City, including land use permits from the Building Inspector, special use permits and site plan approval from the City Planning Board, and variances from the Zoning Board of Appeals. Section 300-123 contains the procedures for amending this chapter to change the Map or the text.
How to use this chapter. Landowners and others who use this chapter are encouraged to meet with the Building Inspector to discuss how this chapter applies to their property. For any large-scale development (a large business or a development of several homes), it is also a good idea to consult with the City's Comprehensive Plan to understand how to make a proposed development fit within the City's vision of its future. The usual sequence of steps in using this chapter is as follows:
Check the Zoning Land Use District Map to determine land use district(s) in which your property is located.
Consult the Schedule of Use Regulations and text in § 300-31, along with any relevant definitions in § 300-6, to determine whether your proposed use is allowed in that district and what permits may be needed to approve it. Also, check the specific sections that address the district in which your land is located as well as any supplementary regulations in Article VIII that may apply to your proposed use.
Consult the Schedules of Area, Bulk, and Parking Regulations in § 300-32 to see which setbacks and other dimensional standards apply.
If your land is in the CDD, review the requirement of a conservation analysis and the various development options provided in § 300-33 to determine which you want to pursue.
If you have an existing use that is no longer permitted, or if your existing building or lot does not comply with dimensional standards for your zoning district, refer to Article X to determine what you can do with it.
If your proposed use or structure is not permitted, you may want to petition for either a variance from the Zoning Board of Appeals (as provided in Article XIII) or a zoning amendment from the City Council (as provided in § 300-123). These options should be discussed with the Building Inspector before they are pursued. Any zoning amendment must be consistent with the Comprehensive Plan.
Except as hereinafter provided:
No building or land shall hereafter be used or occupied and no building or part thereof shall be erected, moved or altered unless in conformity with the regulations herein specified for the zoning district(s) in which it is located.
No building shall hereafter be erected or altered to exceed the height, to house a greater number of families, to occupy a greater percentage of lot area, or to have narrower or smaller yards than is specified herein for the district(s) in which such building located.
No part of a yard or other open space about any building required for the purpose of complying with the provisions of this chapter shall be included as part of a yard or other open space similarly required for another building.
This chapter has been adopted and deemed necessary to achieve the following purposes:
To promote the orderly development and redevelopment of the City.
To recognize, preserve, and promote the character of the City, which is one of mixed use, tightly knit, and urban in nature.
To promote the goals and objectives of the Comprehensive Plan.
To establish the appropriate location of various uses, buildings, and open spaces necessary to protect public health and safety.
To provide a range of housing opportunities for all segments of the population with due consideration of regional housing needs, ensuring that affordable housing remains in appropriate proportion to the development of market rate housing.
To encourage a range of business activities in appropriate locations by concentrating businesses in or near transportation corridors, and to promote economic development by building on the tremendous physical, aesthetic, and historical assets of the City.
To preserve the historic and architectural features and districts that make Newburgh unique and desirable, as well as form the basis for the overall character of the community.
To promote the appropriate use, conservation and enjoyment of the public spaces of the City, including sidewalks, streets, parks and the waterfront.
To conserve the natural resources of the City by encouraging development in appropriate locations and by limiting building in areas where it would adversely affect the City's ecological habitats.
To improve transportation facilities in areas designated for more intensive development, taking advantage of existing regional transit programs and encouraging the implementation of new programs.
To reduce traffic congestion on Broadway and other major transportation routes by establishing a pattern of development and circulation that reduces the need for driving, provides alternative routes between destinations, and encourages walking, bicycling and the use of regional transportation services.