City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
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.
 
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
Commercial District Overlay/ 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*
P*
Four-family dwelling
P
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*
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*
P*
College/university
P*
P*
P*
P*
P*
P*
Community center
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
P*
Parking lot
S
S
S
P
P
P
P*
P*
S
S
S
Community parking lot
S
S
P*
P*
P
P
P
P*
P*
S
S
S
Dormitories
A
A
A
A
A
A
A
A
A
A
A
Hospital
A
A
A
A;S
A
House of worship
P*
P*
P*
P*
P*
P*
P*
P*
Membership club
S
S
S
S
P*
P*
P*
P*
Museum
S
S
S
S
P*
P*
P*
P*
Parks, open space, recreational facilities
P
P
P
P
P
P
P*
P
P
P*
P*
Public libraries
P
P*
P*
P*
School of general instruction
P*
P*
P*
P*
P*
P*
P*
Commercial
Activity facility
P*
P*
P*
P
P
P*
P*
Adult day-care facility
P*
P*
P
P
P*
P*
Adult uses
S
S
Amusement center
P*
P*
P*
S
S
Animal care facility
S
S
S
S
Assembly hall
P*
P*
P*
P*
P*
P*
Bank
P*
A
P*
P
P*
Bar
P*
P*
P*
P
P*
P*
P*
Billiard parlor
P*
P*
P
P*
P*
Bowling alley
P*
P*
P*
P*
P*
P*
P*
Brewing of malt beverages or distilled spirits primarily for on-site consumption
P*
P*
P*
P*
P*
P*
Professional office
P
P
P
P
P
P
P
P*
P*
Cabaret
S
S
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*
S
P
P
P*
P*
Drive-thru (bank, restaurant, pharmacy, etc.)
P*
P*
P*
P*
P*
Funeral home
P*
P*
P*
P*
P*
P*
Hotel
P*
P*
P*
P*
P*
P*
Laundromat
P*
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
S
P*
P*
P*
P*
Office park
P*
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
S
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
S
P*
Technical school
S
P*
S
S
S
S
Industrial
Agriculture
S
S
S
P*
P*
S
S
Automobile gas station
S
S
S
Automobile sales
S
S
S
Automobile service/repair
S
S
S
S
Automobile wash
S
S
S
Boat repair
P*
S
Distribution facility/warehouse
P*
P*
Dry cleaner; commercial laundry
P*
P*
P*
P*
Industrial uses
P*
Storage yard
P*
P*
S
Wholesale
P
P*
P
P*
C. 
Prohibited uses. Any use, whether or not listed in the Schedule of Use Regulations, is prohibited if it does not satisfy the standards and criteria in §§ 300-31 and 300-129.
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 the initiation of a use that is in a different use category, as listed on the Schedule of Use Regulations, from the existing use of the site or structure. A change of ownership, tenancy, or occupancy, or a change from one use to another within the same category shall not be considered a change of use, unless the change would result in the expansion of any existing use or any change of use of a property or structure, enlargement or addition of a sign or an increase of more than 20% in vehicle trip generation as indicated in current trip generation rates contained in the publications Trip Generation or Trip Generation Handbook published by the Institute of Transportation Engineers (ITE).
(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.
(b) 
Any use requiring a special use permit, subject to any exceptions contained in Articles XII and XIII of this chapter.
(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.
A. 
Applicability. The density and dimensional regulations in this section apply to the traditional zoning districts, as defined in § 300-21. The density and dimensional regulations for the form-based districts, as defined in § 300-21, are regulated in Article XV of this chapter.
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.
(3) 
For watercourse setbacks see § 300-46.
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.
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
Commercial District Overlay/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*
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*
S
As determined by City Planning Board and in accordance with facility master plan
Amusement center
P*
P*
P*
S
60%
1 per 200 square feet
Animal care facility
S
S
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
S
10
5
10
1
15
60%
1 per 3 gas pumps; plus parking for accessory uses
Automobile service/repair
S
S
S
10
5
10
2
25
60%
2 per repair bay
Automobile wash
S
S
S
10
5
10
1
15
60%
*
Bank
P*
A
P*
P
4
45
60%
1 per 300 square feet
Bar
P*
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*
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*
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
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*
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
P*
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*
P*
4
45
60%
As determined by City Planning Board
Dry cleaner/commercial laundry
P*
P*
P*
P*
10
10
10
3
35
70%
1 per 500 square feet
Funeral home
P*
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
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
S
P*
4
45
60%
1 per 300 square feet
Nursing home
S
S
P*
0
10
20
6
60
55%
1 per 4 beds, or as determined by City Planning Board
Park
P
P
P
P
As determined by City Planning Board
Parking area, community
P
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
S
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*
S
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
NOTES:
(1)
Must also comply with § 300-53.
(2)
Parking subject to Article IX
(3)
Cemetery must have a minimum lot size of 40,000 square feet.
Accessory structures and uses are permitted pursuant to § 300-31, Accessory uses and structures, as well as the other applicable sections of this chapter.
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.