[Amended 8-11-1993 by L.L. No. 1-1993; 4-21-2008 by L.L. No. 2-2008; 8-27-2008 by L.L. No.
5-2008; 6-7-2010 by L.L. No. 4-2010]
The Town of Newburgh is hereby divided into
the following eight basic zoning districts and six overlay districts:
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RR
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Reservoir Residence District
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AR
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Agricultural Residence District
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R-1
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Residence District
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R-2
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Residence District
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R-3
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Residence District
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B
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Business District
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IB
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Interchange Business District
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I
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Industrial Business District
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Overlay Districts
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A
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Airport
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O
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Professional Office Overlay
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E
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Education Facility Overlay District
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MT
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Marina Townhome Overlay District
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LHI
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Light and Heavy Industrial Equipment and Recreational
Vehicle Sales, Service and Repair Overlay District
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SC
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Route 9W Self-Storage Center Overlay District
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[Amended 3-6-2006 by L.L. No. 3-2006; 4-11-2022 by L.L. No. 1-2022]
The boundaries of said districts hereby established
are shown on the August 19, 1974, Zoning Map, Town of Newburgh, as
last amended by Local Law No. 1 of the Year 2022, which accompanies
and which, with all explanatory matter thereon, is hereby adopted
and made a part of this chapter. The exact location of each zoning
district boundary is recorded on an Official Zoning Map in the office
of the Town Clerk in accordance with § 264 of Town Law.
In determining the boundaries of districts shown
on the Zoning Map, the following rules shall apply:
A.
General. Unless otherwise shown, the district boundaries
shall coincide with property lot lines, center lines of streets, alleys,
highways, waterways and railroad and utility rights-of-way or such
lines extended, as shown on the Map of the Town of Newburgh, New York,
as originally prepared by the Orange County Planning Department in
1971 and updated by Garling Associates in April 1989, and which map
was used as the basis for the Zoning Map.
B.
Property lines of public lands. Where such boundary
lines are indicated as approximately following the boundary lines
of publicly owned lands, such lines shall be construed to be such
boundaries.
C.
Measurements. Measurements stated on the Zoning Map
are perpendicular or radial distances from street lines measured to
the district boundary line, which in all cases where distances are
given are parallel to the street line.
D.
Division of existing lot. Where a district boundary
divides a lot in single ownership, the regulations for either portion
of the lot may, at the owner's discretion, be extended up to 30 feet
beyond the boundary line of the district.
E.
Use of scale. In all other cases where dimensions
are not shown on the map, the location of the district boundaries
shown on the map shall be determined by the use of a scale on the
Official Zoning Map with zoning district boundaries superimposed and
maintained by the Town Clerk.
A.
Compliance with regulations. No building, structure
or land shall hereafter be used or occupied and no building or structure
or part thereof shall hereafter be erected, moved, altered, rebuilt
or enlarged except in conformity with the regulations herein specified
for the district in which it is located.
B.
Yards or open space. No yard or open space required
in connection with any building or use shall be considered as providing
required open space for any other building or use on the same or any
other lot.
C.
Reduction of yards or lots. No yard or lot existing
at the time of enactment of this chapter shall be reduced in size
or area below the minimum requirements set forth herein. Yards or
lots created after the effective date of this chapter shall meet the
minimum requirements established by this chapter.
D.
Interpretation of regulations. Within such district,
the regulations set forth by this chapter shall be minimum regulations
and shall apply uniformly to each kind of structure or land.
E.
Permits issued before adoption of this chapter. Nothing
contained in this chapter shall be construed as changing the plans
or uses of present buildings or the construction, use or occupation
of any building for which a building permit or variance has heretofore
been issued according to law and the construction of which shall have
been diligently prosecuted within six months of the date of the permit
or variance and which entire building shall have been completed within
one year from the effective date of this chapter.
F.
Unspecified uses. Any use not specifically permitted
shall be deemed to be prohibited.
G.
Existing lots of record. Existing lots of record existing
or approved prior to the amendment of September 1998 will not have
to meet new lot area and lot width requirements.
[Added 9-23-1998 by L.L. No. 10-1998]
Several regulations found in this chapter or
elsewhere in state or federal regulations impact the use and development
of land in the Town of Newburgh. These regulations are described or
spelled out in this section.
A.
O Professional Office Overlay District. This district,
shown on the Zoning Map with an O, is an overlay of various residential
areas which are considered to be areas in transition from residential
to commercial use. The residential uses are to be allowed and encouraged
while office uses which have limited impact on residential uses and
areas are encouraged. This is particularly true for areas along certain
major roads.
B.
A Airport Overlay District.
(1)
Federal Aviation Administration (FAA) Part 77 Regulations
require certain height limits around all airports. These regulations
vary based upon the size and rolls of the airport and the type of
landing systems in place for each runway. The overlay shown on the
Zoning Map which accompanies and which with all explanatory material
thereon is hereby adopted and made a part of this chapter[1] reflects the current status of FAA regulations for Stewart
Airport and its runways.
[1]
Editor's Note: The Zoning Map is included
in a pocket at the end of this volume.
(2)
Within the borders of the A Airport Overlay District established herewith, all uses are permitted as indicated for the districts in which these uses are located as shown on the Schedules of District Regulations which comprise Article IV, except as follows:
(a)
Whenever an application is made for a variance,
building permit or site plan within the Airport Overlay District,
the application shall include a site survey with accurate elevations
based on United States Geological Survey datum for all areas of a
site where structures are proposed.
(b)
All structures and appurtenances shall remain
below the height limitations shown on the Zoning Map. Any intrusion
into such airspaces will require approval by the FAA before a permit
or approval can be issued by any Town agency or official. Any approval
granted shall include conditions, if any, required by the FAA.
C.
Floodplain areas. The Federal Emergency Management Agency (FEMA) has provided for floodplains throughout the Town of Newburgh along various waterways in all zoning districts. These areas are regulated by FEMA, § 185-22A of this chapter and Chapter 109, Flood Damage Prevention, of the Code of the Town of Newburgh and are shown on separate FEMA maps.
D.
Wetlands. Wetlands as regulated by the New York State Department of Environmental Conservation (DEC) and mapped by the DEC and all federal wetlands regulated by the Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps) and discussed in § 185-22B of this chapter.
E.
County agricultural districts. Agricultural districts are scattered in various areas of the Town of Newburgh and regulated by Orange County and state legislation. All uses are permitted in these areas as indicated for the districts in which the uses are located as shown in the Schedules of District Regulations which comprise Article IV. However, any proposed use is subject to more stringent environmental review pursuant to the provisions of the State Environmental Quality Review Act[2] and the regulations promulgated thereunder and other possible
limitations associated with the county agricultural district regulations.
These districts are not zoning districts.
[2]
Editor's Note: See Environmental Conservation
Law § 8-0101 et seq.
F.
Education Facility Overlay District. Notwithstanding anything to the contrary, there is hereby created an Education Facility Overlay Zoning District. The boundaries of said district conform to and are contiguous with the R1 Zoning District boundaries. Within the boundary of said district, education facility use by schools and colleges, as defined by this chapter, may be approved by the Planning Board only after site plan review in accordance with Article IX of this chapter, subject to the conditions and restrictions set forth therein Said overlay district shall only apply to a site with a minimum area of 10 acres.
[Added 8-11-1993 by L.L. No. 1-1993]
G.
Marina Townhome Overlay District. There is hereby established a Marina Townhome Overlay District. The overlay district, designated on the Zoning Map by an "MT," is an overlay of certain areas of the R-1 Residence District, and the I Industrial Business District, along the Hudson River. Marinas are permitted subject to site plan review by the Planning Board in the R-1 and I Districts. In the MT Overlay District, townhomes are permitted as an accessory use to a marina subject to certain conditions and restrictions set forth in § 185-34B(3). For purposes of the MT Overlay District regulations, "townhomes" shall mean single-family dwelling units constructed in a group of three or more attached units in which either each unit extends from the foundation to the roof and with open space on at least two sides, or is designed in such other configuration as is approved by the Architectural Review Board and complies with applicable building codes, rules and regulations.
[Added 4-21-2008 by L.L. No. 2-2008]
H.
LHI Light and Heavy Industrial Equipment and Recreational
Vehicle Sales, Service and Repair Overlay District. There is hereby
created a Light and Heavy Industrial Equipment and Recreational Vehicle
Sales, Service and Repair Overlay District. The boundaries of said
district conform to and are contiguous with the B Business zoning
district boundaries along the Route 9W Corridor. The purpose of this
district is to establish clear guidelines for future development along
the Route 9W Corridor in the context of vehicular and industrial equipment
sales, service and repair. An area in the southwest section of the
Town contiguous with the boundaries of the IB Interchange Business
zoning district at the Interstate 84 and New York State Route 747
interchange 5A and bounding on the Town of Montgomery is also included
in said district, as it is deemed similarly suited for vehicular and
industrial equipment sales, service and repair as is the Route 9W
corridor, particularly in light of the conversion of this former section
of Drury Lane to a state highway.
[Added 8-27-2008 by L.L. No. 5-2008; amended 2-11-2015 by L.L. No.
1-2015]
I.
SC Route
9W Self-Storage Center Overlay District. There is hereby created a
Route 9W Self-Storage Center Overlay District. The boundaries of said
district are as follows:
[Added 6-7-2010 by L.L. No. 4-2010]
(1)
The
boundary along Route 9W is the intersection of Oak Street to the north
and Highland Avenue to the south. To the extent that the streets do
not cross the highways, the property boundaries which most closely
continue the perpendicular line across the B District are used. The
east and west boundaries are the limits of the B District between
the intersections stated.
