Town of Newburgh, NY Definitions

Has direct access to a body of navigable water;

Is used for the storage of boats or vessels and associated equipment; and

CANNABIS DISTRIBUTION FACILITY

Does not have bathroom or kitchen facilities and is not designed or used for lodging or residency.

BORROW PIT

An excavation for the purpose of obtaining sand, gravel or other unconsolidated material of any type which affects more than 400 cubic yards of material within any parcel or any one subdivision in receipt of preliminary or final approval, excluding proposed public roads.

BUFFER OR BUFFER STRIP

A strip of land containing natural vegetative growth, plantings of trees or shrubs, and which serves to separate distinct uses or activities either within a property or on adjacent properties.

[Amended 3-5-2007 by L.L. No. 1-2007]

BUILDABLE AREA

An area of a lot within the building envelope so positioned as to allow the siting of a principal building and accessory uses and not constrained by DEC-regulated water bodies, protected wetlands, steep slopes, one-hundred-year floodplains, areas subject to tidal inundation, rights-of-way of existing public or private roads or utility easements.

[Added 11-1-2010 by L.L. No. 8-2010]

BUILDING

A structure wholly or partially enclosed within exterior walls and a roof affording shelter to persons, animals or property.

BUILDING ENVELOPE

The two-dimensional space within which a structure is permitted to be built on a lot and that is defined by minimum yard setbacks.

[Added 11-1-2010 by L.L. No. 8-2010]

BUILDING HEIGHT

The vertical distance measured from the average elevation of the finished grade along the side of the structure fronting on the nearest street to the highest point of such structure.

BUSINESS PARK

A tract of land on which are situated two or more buildings providing business, professional, institutional or research uses, or any combination of such uses.

CALIPER

The diameter of a tree measured at a point six inches above the ground if the resulting measurement does not exceed four inches. For trees whose caliper exceeds four inches, the measurement is made at a point 12 inches above the ground. Measurement of tree diameters shall be made according to diameter at breast height (dbh).

[Added 3-5-2007 by L.L. No. 1-2007]

A use that is licensed by the State of New York to distribute cannabis products to licensed cannabis retail dispensaries.

[Added 1-23-2023 by L.L. No. 1-2023]

CANNABIS MEDICAL DISPENSARY

A use that is licensed by the New York State Department of Health to dispense or distribute medical marijuana in accordance with Article 33 of the Public Health Law and Part 1004 of Title 10 of the New York Codes, Rules and Regulations.

[Added 1-23-2023 by L.L. No. 1-2023]

CANNABIS MICROBUSINESS PREMISES

A use that is licensed by the State of New York to be engaged in the cultivation of cannabis on an area less than 10,000 square feet and to act as a licensed distributor, manufacturer and retailer of cannabis products cultivated on site.

[Added 1-23-2023 by L.L. No. 1-2023]

CANNABIS ON-SITE CONSUMPTION PREMISES

A use that is licensed by the State of New York to sell cannabis products and cannabis derived products for on-site consumption by smoking or otherwise.

[Added 1-23-2023 by L.L. No. 1-2023]

CANNABIS PROCESSING FACILITY

A use that is licensed by the State of New York to process cannabis products. Processing may include extraction, compounding, blending, infusing or other forms of manufacturing cannabis products. Processing may additionally include cultivation, harvesting, packaging, labeling and distribution of cannabis products produced at the facility.

[Added 1-23-2023 by L.L. No. 1-2023]

CANNABIS RETAIL DISPENSARY

A use that is licensed in the State of New York to sell cannabis products at retail for off-premise consumption.

[Added 1-23-2023 by L.L. No. 1-2023]

CARGO CONTAINER

A standardized reusable metal vessel that was:

[Added 2-10-2014 by L.L. No. 2-2014]

Originally designed for or used in the packing, shipping, movement or transportation of freight, articles, goods or commodities; and/or

Originally designed for, or capable of, being mounted or moved by rail, truck or ship by means of being mounted on a chassis or similar transport device. This definition includes the terms "transport containers" and "portable site storage containers" having a similar appearance to and similar characteristics of cargo containers.

For purposes of this chapter, cargo containers originally built for purposes other than the storage of goods and materials are not accessory buildings.

(4)

For purposes of this chapter, trailers, as defined by the Vehicle and Traffic Law, including those with mounted containers, are not cargo containers.

CAR WASH

A structure or area that provides facilities for washing and cleaning motor vehicles which may use production-line methods with a conveyor, blower or other mechanical devices or which may employ hand labor and waxing. This use shall be regulated in accordance with § 185-28.

CLUB, MEMBERSHIP

An organization established under the laws of the State of New York catering exclusively to members and their guests which is not conducted primarily for gain, and provided that there are no vending stands, merchandising or commercial activities conducted except as required generally for the membership and purposes of such club. Accessory uses or structures may include such subordinate purposes as administration, operation, accommodations and the sale of food and drink primarily to members and their guests. Membership clubs may be:

Recreational, including recreation facilities such as tennis courts, swimming pools, golf courses, boating facilities, fishing or hunting preserves or other athletic facilities; or

Nonrecreational, including premises and buildings for social, cultural, political or fraternal purposes.

CLUSTER DEVELOPMENT

A tract of land on which buildings are situated, either on individual lots or in group ownership, and in which common open space is gained by use of lot dimensions smaller than the minimums required by the bulk regulations for the district in which the tract is located, as authorized by the Town Board under authority of § 281 of the Town Law[1] of the State of New York and pursuant to the authority of the Municipal Home Rule Law. "Cluster developments" may be:

Residential, in which a permissible number of dwelling units that would result from conventional application of this chapter and Appendix A, Subdivision Regulations,[2] may be concentrated on a smaller portion of land in detached, semidetached, attached or multistory structures of such type or combination of types as may be permitted in the district in which the tract is located; or

COMMUNITY RESIDENCE FOR THE DISABLED

Nonresidential, in which the same principles may be applied to commercial, industrial, institutional or recreational purposes.

COMMERCIAL VEHICLE

A vehicle with commercial license plates and commercial advertising on its sides, roof, hood, trunk or tailgate and used for business purposes.

[Added 9-23-1998 by L.L. No. 10-1998]

A dwelling unit that provides a supervised residence for four to 14 mentally disabled persons and is subject to licensing by the State Office of Mental Health or the State Office of Mental Retardation and Developmental Disabilities. All residents in such a structure shall be construed to be one family.

CONDOMINIUM

The individual ownership in fee simple of a building or a portion of a building, either residential or nonresidential, with indivisible joint interest with other such owners in all common facilities.

CONVENIENCE STORE

A retail business selling nondurable consumer products, including but not limited to groceries, prepared and packaged foods and gasoline, and providing no services. A convenience store shall be regulated in accordance with § 185-28 if it is on the same lot with a car wash or motor vehicle service station.

CRITICAL AREA OF ENVIRONMENTAL CONCERN

Any area containing resources of critical concern to the Town as designated by a local law of the Town of Newburgh adopted in accordance with 6 NYCRR 617.4(j), filed with the Commissioner of Environmental Conservation, and indicated on the Zoning Map which is part of this chapter.[3]

DECIDUOUS

Woody plants that lose their foliage annually. Either:

[Added 3-5-2007 by L.L. No. 1-2007]

CANOPYA large maturing woody plant with a single trunk that will achieve a height of at least 35 feet at maturity; or

DRIVE-THRU AND DRIVE-UP ESTABLISHMENTS

UNDERSTORYA small maturing woody plant with a single trunk or multiple stems that will achieve a height of less than 35 feet at maturity.

DOCK

Any structure, whether affixed or floating, placed in or upon a lake, pond, river, stream or brook and which provides a berth for watercraft and/or a means of pedestrian access to and from the shoreline. This shall include piers, wharfs, crib docks, stake docks, floating docks and all such similar structures.

[Added 4-18-2005 by L.L. No. 6-2005]

DOMESTIC ANIMAL

As herein defined shall be limited to cows, horses, sheep, goats, donkeys, dogs and cats.

Any business facility, including fast-food restaurants and convenience stores, where all or any part of the business is based on customers driving up to a window to obtain their orders or walking into a facility or to a window to pick up a small number of items.

[Added 9-23-1998 by L.L. No. 10-1998]

DUMP

See "junkyard."

DWELLING OR DWELLING UNIT

One or more rooms with provisions for living, cooking, sanitary and sleeping facilities arranged for the use of one family. NOTE: The term "dwelling," "single-family dwelling," "multifamily dwelling" or "dwelling unit" shall not be deemed to include a hotel, motel, automobile court, tourist home, furnished rooming house, dormitory, boarding home, convalescent home, rest home, nursing home or other accommodation used for transient occupancy.

DWELLING, GARDEN-STYLE

A multiple dwelling wherein the entrance of a dwelling unit is no more than one floor above or below ground floor level. All ground floor units shall contain access to usable outdoor areas from a second entry.

DWELLING, HIGH-RISE

Any multiple dwelling with more than three stories.

DWELLING, MULTIPLE

A building or portion thereof containing three or more dwelling units, either side by side or above and below each other.

DWELLING, SEMIDETACHED

A building containing two single-family attached dwelling units. When such dwelling units occupy different lots, they are synonymous with the term "zero lot line dwellings." A "semidetached dwelling" shall not be construed to mean a single-family dwelling with an accessory apartment.

DWELLING, SINGLE-FAMILY ATTACHED

A single-family dwelling sharing a common or party wall with one or more adjacent dwellings in a multiple-dwelling structure and with no other dwelling above or below. Such use is synonymous with the terms "townhouse" and "row house."

DWELLING, SINGLE-FAMILY DETACHED

A detached building containing one dwelling unit only in which the shortest median dimension, either longitudinal or transverse, must be at least 24 feet and which is erected on a permanent foundation and equipped for year-round occupancy.

DWELLING, TWO-FAMILY

A building containing two single-family dwelling units only, either attached side by side, front to rear or one above the other. A two-family dwelling shall not be construed to mean a single-family dwelling with an accessory apartment. Side-by-side dwellings may be situated on separate lots sharing a common wall as semidetached or zero lot line units.

[Amended 9-23-1998 by L.L. No. 10-1998]

EATING AND DRINKING PLACE

A business establishment serving food or drink to be consumed primarily on the premises or within a food court area of a shopping center. All uses serving food shall be construed to be eating and drinking places for purpose of determining off-street parking requirements.

[Amended 9-23-1998 by L.L. No. 10-1998]

EVERGREEN

Woody plants with foliage that persists and remains green year-round.

[Added 3-5-2007 by L.L. No. 1-2007]

FAMILY

One or more persons occupying a dwelling unit as a single, nonprofit housekeeping unit. A group of persons occupying a boardinghouse, lodging house, club, fraternity house, hotel or motel shall not be deemed to constitute a family.[4]

FENCE

A structure made of metal, wood, stone or masonry to afford screening, privacy or security for a property. Fences shall include electrical and/or nonvisible fences which must be appropriately signed for the information and safety of the general public.

[Added 9-23-1998 by L.L. No. 10-1998]

FILLING OF LAND

Any activity which deposits natural or artificial material so as to modify the surface or subsurface conditions of land, lakes, ponds or watercourses and which exceeds a total of 400 cubic yards of material within any parcel or any one subdivision in receipt of preliminary or final approval, excluding proposed public roads.

FLOOD, BASE

The stream flow having a one-percent chance of occurring in any year.

FLOODPLAIN, ONE-HUNDRED-YEAR

Land area susceptible to being inundated by water from any source subject to a one-percent or greater chance of flooding in any given year as defined or shown on the Flood Insurance Rate Map panels and related documents prepared by the Federal Emergency Management Agency as referenced in and made a part of § 109-6 of the Code of the Town of Newburgh.

[Amended 7-20-2009 by L.L. No. 2-2009]

FLOODPLAIN, FIVE-HUNDRED-YEAR

Those land areas shown as five-hundred-year flood zones on the Flood Insurance Rate Map panels and related documents prepared by the Federal Emergency Management Agency as referenced in and made a part of § 109-6 of the Code of the Town of Newburgh.

[Amended 7-20-2009 by L.L. No. 2-2009]

FLOODWAY

The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in § 109-14B of the Code of the Town of Newburgh.

[Amended 7-20-2009 by L.L. No. 2-2009]

FLOOR AREA

The sum of the gross horizontal areas of the several floors, basement and attic of the building or buildings on a lot, as measured from the exterior faces of the exterior walls or from the center lines of the party walls separating two buildings or units thereof.

FLOOR AREA, HABITABLE

All spaces within the exterior walls of a dwelling unit exclusive of garages, breezeways, unheated porches, heating and mechanical equipment rooms and basements having a window area of less than 20% of the square foot area of the room. Habitable floor area shall include all spaces not otherwise excluded above, such as principal rooms, utility rooms, bathrooms, all closets and hallways opening directly into any room within the dwelling unit, stairways and all attic area having a clear height of 7 1/2 feet or more from finished floor level to roof rafter.

FOOD PREPARATION SHOP

A business devoted to the preparation of food to be consumed primarily off premises, including but not limited to delicatessens and bakeries. This use may be located within a larger use such as a convenience or grocery store.

[Amended 9-23-1998 by L.L. No. 10-1998]

FOWL

Shall include but not be limited to domesticated birds, such as chickens, ducks, geese, turkeys and pheasants, raised in confinement.

FRONTAGE, USABLE LAKEFRONT

The extent of land measured as a line horizontally along a lakefront as it winds and turns at the mean high water mark, but excluding those fronting lakefront areas which are covered or subject to protected wetlands, slopes having a grade greater than 20%, streams, or rights-of-way of existing public or private roads that would prevent use of the underlying land in any manner.

[Added 12-30-2002 by L.L. No. 11-2002]

FUEL TANK

A storage tank for combustible petroleum products, including petroleum bulk storage.

GARAGE, PRIVATE

An enclosed space for the storage of one or more motor vehicles not for gain through the commercial rental of space.

GROSS LEASABLE FLOOR AREA

Gross leasable floor area is defined for purposes of calculating parking requirements as the total area of a space rented or leased by a tenant exclusive of any common area, whether covered or uncovered. In a mall or other large building, common area, utility or general storage space is not included in parking calculations, but leased storage area by a tenant shall be included up to 50% of such storage area.

[Added 9-23-1998 by L.L. No. 10-1998]

HEALTH CLUB OR FITNESS FACILITY

A for-profit or not-for-profit indoor recreational and exercise facility, not necessarily intended primarily for therapeutic uses, that may include such facilities as weight-lifting equipment, indoor running tracks, swimming pools, tennis, squash or racquetball courts, exercise machines, such as treadmills and rowers, and accessory facilities such as saunas, showers and locker rooms, but excluding such facilities as skating or roller rinks, any facility involving the use or discharge of firearms and also excluding video game rooms, arcades and other such indoor recreational activities.

[Added 9-23-1998 by L.L. No. 10-1998]

HIGH-WATER MARK

The point on the bank or shore where the surface water is present often enough to leave a distinct mark. More specifically, the high-water mark is the point on the bank or shore up to which the water, by its presence and action, leaves a distinct mark indicated by erosion, destruction or prevention of terrestrial vegetation, predominance of aquatic vegetation or other easily recognizable characteristic. If a mark cannot be found, then the high-water mark shall be the line of mean high water.

[Added 4-18-2005 by L.L. No. 6-2005]

HOME OCCUPATION

Any gainful occupation or profession customarily conducted within a dwelling by the residents thereof, clearly secondary to the use of the dwelling for living purposes, and which does not change the character of the structure as a residence. Said activity shall not have more than one nonresident employee working on the premises at any one time and shall not occupy more than 1/2 of the ground floor area of the dwelling or its equivalent elsewhere in the dwelling, if so used. Permissible home occupations include, but are not limited to, the following: art studio; dressmaking; offices for a clergyman, lawyer, physician, dentist, architect, engineer, real estate agent or accountant; and teaching, with musical, dancing and other instruction limited to one pupil at a time. However, home occupations shall not be construed to include uses such as the following: clinic or hospital, barbershop or beauty parlor, restaurant, animal hospital, commercial animal breeding, taxi service or yard and in residential zones, uses which entail the outdoor use, maintenance, servicing, testing, cleaning, repair, loading, unloading or storage of outdoor machinery, motor equipment or commercial vehicles or outdoor work activities conducted on the property containing the dwelling.

[Amended 3-3-2014 by L.L. No. 4-2014]

HOTEL

One or more buildings offering transient lodging accommodations on a fee or hire basis to the general public, and which provide rooms or areas for group assembly and a central kitchen only and a central dining room within the building or in an accessory building. A hotel shall not constitute an individual's or family's primary residence and shall not be construed to be a multiple dwelling.

[Amended 4-20-2015 by L.L. No. 3-2015[5]]

JUNKYARD

A parcel of land or part thereof, including any buildings thereon, which is occupied in any part by a deposit, collection or storage, outside of a completely enclosed building, of, or which is used for the disposal by abandonment, dumping, burial, burning or any other means or for whatever purpose of, wastepaper, rags, scrap metal, garbage, sewage, trash, refuse, junk, discarded materials, tires, debris from construction and demolition activities or waste material of any kind or for the collecting, dismantling, storing or salvaging of machinery or the sale of parts thereof, excepting any substance that is flammable, combustible, explosive, reactive, corrosive or toxic to humans, as defined in United States Environmental Protection Agency regulations under 40 CFR 116. One cubic yard of refuse located on a property for more than 30 days shall constitute a junkyard.

JUNKYARD, MOTOR VEHICLE

An area of land, including any buildings thereon, which is used for or occupied in any part by a deposit, collection or storage, outside of a completely enclosed building, of used or discarded motor vehicles or parts thereof, with or without dismantling, wrecking, salvage, sale or other use or disposition of the same. A deposit, collection or storage on a lot of two or more motor vehicles not in condition for legal use on the public highways, or parts thereof, for one week or more in a residential district or for three weeks or more in a nonresidential district shall constitute a motor vehicle junkyard.

KENNEL

A structure used for the harboring of more than five dogs with attendant commercial services that may include any one or a combination of the following: boarding, grooming, breeding, raising or veterinary care.

LAKEFRONT

The line of contact between a body of water and the land.

[Added 12-30-2002 by L.L. No. 11-2002]

LAKEFRONT ACCESS

The use of a lot, as defined in § 185-2, lot, lakefront access for boat launching, docking, pedestrian or vehicular passage to moored or anchored boats, swimming, bathing and fishing from or incidental to a private lakefront access lot.

[Added 4-18-2005 by L.L. No. 6-2005]

LIGHT AND HEAVY INDUSTRIAL EQUIPMENT SALES, SERVICE AND REPAIR ESTABLISHMENTS

Establishments primarily engaged in the sale or rental of trucks, tractors, cranes, backhoes, other construction equipment, agricultural implements, and similar industrial equipment. Included in this use type is the incidental storage, maintenance, and servicing of such equipment as well as repair garages, service centers, and similar uses where major and minor repair activities are conducted.

[Added 8-27-2008 by L.L. No. 5-2008]

LIVESTOCK

Animals, including but not limited to domestic animals, such as sheep, horses, cattle and goats.

LOADING OR UNLOADING AREA

Any off-street area or space accessible from a street or driveway for the use of trucks or other vehicles while loading or unloading merchandise or materials.

LOT

Land or a parcel of land not divided by streets occupied, unoccupied or to be occupied by a building and its accessory buildings or by a dwelling or group of dwellings and its accessory buildings, together with such open spaces as are required under the provisions of this chapter containing not less than the minimum area required by this chapter for a lot in a district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined in accordance with the provisions of law to be adequate as a condition to the issuance of a building permit for a building on such land.

LOT AREA

The total horizontal area included within the lot boundaries, excluding any area within any private or paper street, and limited by the requirement set forth in Article IV, Schedules of District Regulations.

LOT BUILDING COVERAGE

The percentage of the area of a lot covered by a building or buildings.

LOT, CONFORMING

A lot having not less than the minimum area and dimensions required by this chapter for a lot in the district in which such land is situated and having its principal frontage on a street or on such other means of access as may be determined to be in accordance with the provisions of § 280-a of the Town Law (Chapter 62 of the Consolidated Laws, Article 16) as a condition of issuance of a building permit for a building on such land.

LOT, CORNER

A lot at the junction of and fronting on two or more intersecting streets.

LOT DEPTH

The distance from the street line of a lot to the rear lot line, measured at the midpoint of the location of the principal building or, if there is no such building, measured in the general direction of the side lot lines.

LOT, LAKEFRONT ACCESS

A lot which provides lakefront access to a lake by deed, easement, declaration, right-of-way, lease, contract or other instrument, to lot(s) or dwelling unit(s) which are noncontiguous to said lake and which do not otherwise have direct lakefront access to such lake for uses including, but not limited to, docking, bathing, swimming, fishing, and boating.

[Added 12-30-2002 by L.L. No. 11-2002]

LOT LINE

Any line bounding a lot other than a street line.

LOT LINE, REAR

The lot line generally opposite the street line.

LOT, NONCONFORMING

A parcel of land owned individually and separately and separated in ownership from any adjoining tracts of land which has a total area or dimensions less than as prescribed in this chapter for a lot in the district in which such land is situated.

LOT SURFACE COVERAGE

The percentage of the area of a lot covered by buildings, parking areas, accessory structures and any other impervious materials or surfaces.

LOT WIDTH

The distance measured along a line drawn parallel to the front lot line at a distance equal to the minimum front setback requirement or at the building line.

MANUFACTURING

Any process whereby the nature, size or shape of articles or raw materials is changed or where articles are assembled or packaged in quantity.

MARINA

A waterfront facility for the mooring, sales, storage and servicing of recreational boats.

MINI-MALL

A group of four to six retail stores, shops or similar commercial establishments otherwise permitted within the zoning district, but excluding eating and drinking places, developed or intended to be developed as a unit on one lot and constructed as a single structure designed and built as an architectural unit which shall have associated common facilities for off-street parking, loading and pedestrian circulation.

MOBILE HOME

A transportable single-family dwelling with a body width exceeding eight feet or a body length exceeding 32 feet, which may be towed on its own running gear and which may be temporarily or permanently affixed to real estate, used for nontransient, residential purposes and which conforms to American Standard for Installation in Mobile Homes of Electrical, Heating and Plumbing Systems or Mobile Home Standard for Plumbing, Heating and Electrical Systems.

MOBILE HOME COURT

Any area of land occupied by two or more mobile homes that are used for dwelling purposes.

MOBILE HOME OR MODULAR HOME SALES LOT

Any area of land upon which mobile or modular homes are placed for purposes of sale or display.

MODULAR HOME

A factory-fabricated, sectionalized transportable building for dwelling purposes designed to be used by itself or to be incorporated with similar building sections and placed on a permanent foundation at the building site.

MOTEL

A building or group of buildings, whether detached or connected, offering transient lodging accommodations on a fee or hire basis to the general public including transient automobile travelers and provided with accessory off-street parking facilities. A motel shall not constitute an individual's or family's primary residence and shall not be construed to be a multiple dwelling. The term "motel" includes all similar fee- or hire-based uses offering transient lodging to the general public and terms, such as tourist courts, motor lodges, auto courts and roadside cabins, but shall not be construed to include mobile homes or campers.

[Amended 4-20-2015 by L.L. No. 3-2015[6]]

MOTOR VEHICLE RENTAL AGENCY

A facility at which automobiles, trucks and trailers are offered for rental or lease. Automotive service is limited to the storage, cleaning, refueling and basic servicing of the vehicle, but does not include repair.

MOTOR VEHICLE SALES DEALERSHIP

A facility engaged primarily in the sales and servicing of a specific brand or brands of vehicle. Accessory or ancillary to sales, the facility may also rent or lease, hold in storage for sale, service or wash motor vehicles. The motor vehicle service facility shall be licensed by the State of New York to service, inspect and sell motor vehicles.

MOTOR VEHICLE SALES (USED)

The display for sale of two or more vehicles on a site at one time or the sale or display of more than two vehicles at a site at separate times during a one-year period. Such use shall be licensed by New York State.

[Amended 9-23-1998 by L.L. No. 10-1998]

MOTOR VEHICLE SERVICE STATION

A building or lot or part thereof where refueling and related services are available to the public, operated for gain, including repair, greasing, washing, servicing, adjusting, equipping, lease or rental of automobiles or other motor vehicles, but not including the storing, holding or displaying of the same for sale or resale, except as to the holding of a vehicle for not more than 60 days for insurance appraisal purposes covering property damage claims and except as to the holding of a vehicle for the required period to perfect or protect a garageman's lien pursuant to statute.

MULTI-BOAT LAKEFRONT ACCESS

The use of a lakefront access lot as defined in § 185-2, lot, lakefront access for the launching or docking of boats or pedestrian or vehicular passage to berthings, moored or anchored boats or other watercraft. Use of a lot for the launching, mooring or docking of boats owned, registered and operated exclusively by a single-family residing in a dwelling unit on the lakefront access lot shall not be included within the definition and meaning of "multi-boat lakefront access."

MUNICIPAL BUILDINGS AND TOWN ACTIVITIES

Buildings, structures and activities of the Town of Newburgh and its special improvement districts.

[Added 9-23-1998 by L.L. No. 10-1998]

NONCONFORMING BUILDING OR USE

A use or building, whether of a building or land or both, which does not conform to the requirements respecting permitted uses or coverage as set forth in this chapter for the district in which it is situated but which lawfully existed prior to the enactment of a zoning law or any revision or amendment thereto which would prohibit the use and which is maintained after the effective date thereof although it does not conform to the use or coverage regulations of the district in which it is located.

NURSERY

An agricultural operation involving the propagation, cultivation and sale of horticultural plants intended for exterior landscaping. A nursery shall not be construed to mean a garden center or other retail sales yard or a landscape contracting business.

NURSING, REST OR CONVALESCENT HOME

Any dwelling where persons are housed or lodged and furnished with meals and nursing care for hire.

OPEN SPACE

That area of a parcel unoccupied by structures or vehicular facilities and open to the sky.

OPEN SPACE, COMMON

Any area of open space of a parcel that is accessible and available to all occupants of the parcel for purpose of active or passive outdoor recreation. Common open space shall not be construed to mean areas within 30 feet of a principal building or within 10 feet of a roadway, parking lot or accessory building and shall not include buffer strips or screening, slopes over 25% or wetlands.

PERSON

Any individual, firm, company, association, society, partnership, corporation or entity capable of being sued.

PERSONAL SERVICE STORE OR USE

An establishment or use that primarily renders services to persons rather than engaging in the sale of products, including but not limited to barber, hairdresser, health spa, beauty, tanning, tattoo and nail salons and parlors, shoe repair, laundry, laundromat, dry cleaner, tailoring, dressmaking, photographic studio, pet grooming, catering with no on-site food service, express mail/courier without warehouse, travel agencies and businesses providing similar services. Personal services may include, as an accessory use only, retail sales of items related to the services being provided. Personal services do not include professional office use or motor vehicle related services.

[Added 12-29-2014 by L.L. No. 13-2014]

PETROLEUM BULK STORAGE

A commercial facility or a facility accessory to an industrial use for the storage or dispensing of petroleum products from one or more tanks having a total capacity of over 1,100 gallons.

PLACE OF WORSHIP

A building wherein the conduct of religious services is the principal use. Living accommodations and educational institutions shall not be construed to be places of worship.

PROHIBITED USE

A use of a building, structure, lot or land, or part thereof, which is not specifically listed as a permitted use, use subject to site plan review, accessory use or special permit use. In addition (as stated in § 185-7F), any use not specifically permitted as one of the above shall be deemed to be prohibited.

PUBLIC GARAGE

An enclosed or covered storage area for vehicles which are parked or stored by the hour, day, week or other period of time for compensation. A public garage can also be referred to as a "parking garage."

[Added 9-23-1998 by L.L. No. 10-1998]

PUBLIC SEWER

Any sewage disposal system approved by the Town Board as meeting the standards required for municipal operation.

PUBLIC UTILITY PLANT

A facility for the generation or production of electricity, gas or steam for distribution through a public utility system.

PUBLIC UTILITY STRUCTURE

A structural component of a public utility transmission or distribution system, such as a tower, substation, manhole, transformer or valve. A public utility structure shall not be construed to mean a public utility plant.

PUBLIC WATER

Any water supply system approved by the Town Board as meeting the standards required for municipal operation.

QUARRY

An excavation for the purpose of obtaining minerals, stone, rock, gravel, sand, soil or other natural deposits which affects more than 400 cubic yards of material within any parcel or any one subdivision in receipt of preliminary or final approval, excluding proposed public roads.

RECREATIONAL VEHICLE

A vehicular-type portable structure without permanent foundation that can be towed, hauled, or driven and primarily designed as a temporary living accommodation for recreational, camping, and travel use and including, but not limited to, travel trailers, truck campers, camping trailers, and self-propelled motor homes.

[Added 8-27-2008 by L.L. No. 5-2008]

RESTAURANT

An eating establishment that provides table service. A restaurant shall not be construed to mean either an establishment that primarily dispenses alcoholic beverages or a fast-food establishment.

SATELLITE EARTH STATION

A dish-type antenna supported by a rigid frame on a concrete base or on another structure.

SCHOOL AND COLLEGE

These categories consist of private, public and parochial facilities that provide a curriculum of elementary and secondary academic instruction, as well as higher education, including kindergartens; elementary, middle, junior and senior high schools; and two-year, four-year and advanced degree institutions. Nursery schools and day-care facilities licensed by the state are covered under nursery schools. All other schools, such as business, beauty or computer schools, dance or music schools, etc., are allowed in offices, business parks or business districts as office or service commercial uses and are regulated as such.

SCREEN OR SCREENING

A method of shielding or obscuring one abutting or nearby use from another use through either:

[Amended 3-5-2007 by L.L. No. 1-2007]

A strip of land at least 10 feet in width supporting dense natural vegetative growth or with dense plantings of trees or shrubs of such types as will provide a year-round visual barrier;

An opaque wall, fence or other visual barrier at least six feet in height above the ground; or

SENIOR ASSISTED-CARE FACILITY

Any other island, barrier, emplacement, wall, fence, tree, planting, shrubbery or other artificial or natural dividing strip or marker of any kind, wherever located on a parcel, that may be conditioned or required in any building permit, certificate of occupancy, site development plan, subdivision approval, special permit, variance, zoning amendment or other requirement of any board, agency, commission or official of the Town of Newburgh pursuant to this chapter.

SELF-STORAGE CENTER

A public facility for dead storage of personal, household or business property which is serviced by the owner of the stored property or an agent of the owner. The term "self-storage center" includes all similar uses and terms but shall not be construed to mean a warehouse.

One or more structures containing individual dwelling units, or partial units, designed and constructed for seniors and subject to management or legal restrictions that require all units and partial units be occupied by persons 60 years of age or older, providing long-term residence, centralized cooking and common dining, housekeeping and personal care and supervision as needed, to five or more adults unrelated to the operator and who may or may not require some limited, continuing medical care.

[Added 9-23-1998 by L.L. No. 10-1998]

SENIOR CITIZEN HOUSING

Detached single-family dwelling units, multiple-dwelling units and senior assisted-care facilities designed and constructed for seniors and subject to management or legal restrictions that require all units be occupied by persons 60 years of age or older.

[Added 9-23-1998 by L.L. No. 10-1998]

SETBACK, FRONT

The distance from a building or use to the front lot line.

SETBACK, REAR

The distance from a building or use to the rear lot line.

SETBACK, SIDE

The distance from a building or use to the side lot line.

SHOPPING CENTER

A group of stores, shops or similar commercial establishments otherwise permitted within the zoning district, including eating and drinking places, developed or intended to be developed as a unit on one lot, which may be constructed as a single structure or adjoining structures or neighboring structures but which shall be designed and built as an architectural unit and shall have associated facilities for off-street parking, loading and pedestrian circulation. New York State Gaming Commission and New York State Lottery licensed video lottery gaming facilities shall be considered a similar commercial establishment in shopping centers having in excess of 500 parking spaces within the IB District. A shopping center shall be designed to be operated and maintained as a unit, in single ownership and/or control, sharing certain facilities in common, such as open space, yards and off-street parking and loading facilities.

[Amended 5-24-2021 by L.L. No. 1-2021]

SHRUB

A self-supporting woody perennial plant of low to medium height characterized by multiple stems and branches continuous from the base, usually not more than 10 feet in height at its maturity.

[Added 3-5-2007 by L.L. No. 1-2007]

SIGHT DISTANCE

The length of a continuous straight-line view along a street, measured from a point three feet six inches above the ground (eye level of a driver) at the position of the viewer to a point where a vehicle four feet three inches high protrudes six inches above the street's horizon (the limit of view along the street).

SIGN

Any letter, word, model, reproduction, banner, pennant, insignia, trade flag, device or representation used as, or which is in the nature of, an advertisement, attraction or directive.

SIGN AREA

Includes all faces of a sign measured as follows:

When such sign is on a plate or framed or outlined, all of the area of such plate or the area enclosed by such frame or outline shall be included.

SITE PLAN APPROVAL, USE REQUIRING

When such sign consists only of letters, designs or figures engraved, painted or projected or in any manner affixed on a wall, the total area of such sign shall be considered to be that area of the smallest basic geometric shape (rectangle, circle or triangle) which encompasses all of the letters or symbols of the sign.

SITE PLAN

A plan which shows the proposed development and use of land situated within the Town of Newburgh and which shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in Article IX herein.

A use which requires, prior to the issuance of a building permit or certificate of occupancy, a review process within which the Planning Board evaluates, considers and acts upon a site plan, including the compliance with all the requirements and conditions necessary for the proper enforcement of this chapter.

SLOPE

The vertical distance, in feet, between the highest elevation of a lot or development and the lowest elevation of a lot or development, divided by the horizontal difference between these two elevations, in feet.

[Added 11-1-2010 by L.L. No. 8-2010]

SOUND BARRIER OR BARRIER

Any solid obstacle which is relatively opaque to sound and that blocks the line of sight from the sound source to the receiver. It may be erected specifically to reduce noise, for example: solid fences, berms, or walls.

[Added 3-5-2007 by L.L. No. 1-2007]

SPECIAL PERMIT USE

A use which because of its unique characteristics requires individual consideration through a special review process by the Planning Board as established by § 274-a of the Town Law of the State of New York or through a special review process by the Zoning Board of Appeals as established by § 267 of the Town Law. Such a use may require the meeting of certain conditions and safeguards before being permitted.

STEEP SLOPE

A contiguous area of at least 5,000 square feet containing a slope with a topographical gradient equal to or greater than 25%.

[Added 11-1-2010 by L.L. No. 8-2010]

STREET

A public or private way which affords principal means of access to abutting properties.

STREET LINE

The dividing line between a lot and a street.

STREET OR ROAD FRONTAGE

The distance along the property line of a lot at the street line measured between adjacent lots. Lot frontage shall be measured along the same line and shall not be confused with lot width.

[Added 9-23-1998 by L.L. No. 10-1998]

STRIPPING OF LAND

The removal of vegetation, topsoil or subsoil from an area exceeding 10,000 square feet or 10% of a lot, whichever is less.

STRUCTURE

Anything which is constructed or erected which requires a location on the land or attachment to something having such location, including but not limited to the following:

Signs or billboards.

Fences.