City of Newburgh, NY
Orange County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents

§ 300-136 Broadway Corridor.

The Broadway Corridor is characterized by a wide street with shopfront-type buildings fronting on the lot line. Current form encourages pedestrian activity and serves as the central commercial corridor in the City.
A. 
Purpose and intent.
(1) 
The purpose and intent of the Broadway Corridor is to:
(a) 
Promote a vibrant, pedestrian-oriented Broadway;
(b) 
Focus new commercial development along Broadway;
(c) 
Provide for a mix of uses that serves the needs of the residents of, and visitors to, the City.
300 FBC BC-3.tif
(2) 
Within this district, the preferred form for new development is the shopfront form, also known as the "Main Street form." This form generally features ground-floor retail with residential or commercial uses on the upper floors. Buildings with residential use only are allowed, but must follow the design guidelines for the district.
(3) 
A transit-oriented development is planned for the western end of the district. The area is bound by Broadway to the north and West Street and Lake Street to the west and east. This subdistrict will feature the same general form as the rest of the corridor, but will allow slightly higher and more dense new development that will capitalize on transit investments made by the City and county.
B. 
District standards.
(1) 
Lot standards. Buildings within the Broadway Corridor District shall comply with the following lot, building height, and building frontage requirements.
Minimum
Maximum
(A)
Lot width (feet)
20
(B)
Lot depth (feet)
75
(C)
Front setback1 (feet)
0
0/10
(D)
Side setback2 (feet)
0
0
(E)
Rear setback3, 4, 5 (feet)
20
(F)
Landscaped area6
10%
(G)
Frontage occupancy
80%
(H)
Height7
Broadway Corridor
3 stories/35 feet
5 stories/65 feet
TOD subdistrict (south of Broadway between Lake Street and West Street)
4 stories/45 feet
6 stories/75 feet
NOTES:
1.
A maximum of 10 feet may be allowed only if the front yard has no parking and is landscaped and used in a manner that enhances the street life by such means as pocket parks or plazas, outdoor dining areas, or public art. No outdoor display of items for sale shall be permitted in the front yard.
2.
Lots 100 feet wide or greater may have, but are not required to have, one side yard of 12 feet.
3.
If the rear yard is dedicated to the City of Newburgh as all or part of a public parking lot or structure, the minimum setback shall be five feet with landscaping within the setback to screen from adjacent uses.
4.
Lots fronting on Broadway and within the TOD subdistrict are not required to have a rear yard.
5.
Private service alleys are permitted within the rear yard.
6.
Lots fronting on Broadway, and all those lots south of Broadway between West Street and Lake Street, are not required to have a minimum landscaped area.
7.
A 6th story is only allowed if set back from the front facade at least 15 feet.
(2) 
Building placement examples.
300 FBC BC-4.png 300 FBC BC-5.png
  • Building placed at front lot line for continuous street wall
  • Lot width <100 feet so no side yard allowed
  • Recessed entrance allowed because 80% of facade is at lot line
  • One side yard of 12 feet is allowed because lot width is greater than 100 feet
(3) 
Building height diagrams.
Broadway Corridor
TOD Subdistrict
300 FBC BC-6.png 300 FBC BC-7.png
  • Minimum 3 stories (35 feet)
  • Maximum 5 stories (65 feet)
  • Minimum 4 stories (45 feet)
  • Maximum 6 stories (75 feet)
  • 6th story must be set back 15 feet
C. 
Building and site enhancement standards.
(1) 
Building and sign types. Buildings within the Broadway Corridor District must be of the shopfront or civic building type as defined in § 300-151. Midrise buildings are also allowed in certain areas of the district. The table below illustrates the allowable sign types, as defined and regulated in § 300-153, for each building type.
Building Type
300 FBC Buildings-01.png 300 FBC Buildings-02.png
300 FBC Buildings-05.png
Sign Type
SHOPFRONT
MIDRISE1
CIVIC
300 FBC Signs-01.png
BAND
300 FBC Signs-02.png
BLADE
300 FBC Signs-03.png
SHINGLE
300 FBC Signs-04.png
AWNING
300 FBC Signs-05.png
YARD
300 FBC Signs-06.png
MARQUEE
NOTE:
1
Not allowed for buildings that front Broadway or are within the TOD subdistrict.

§ 300-137 Downtown Neighborhood.

The Downtown Neighborhood is characterized by residential blocks featuring rowhouses, the Liberty/Grand Street commercial corridor with a mix of uses and building facades, and mixed-use blocks of residential with shopfronts on the corner.
A. 
Purpose and intent.
300 FBC DN-3.tif
(1) 
The primary intent of this zone is to protect and promote the quality of the downtown residential neighborhoods immediately north and south of Broadway and the smaller scale mixed-use shopfront buildings located primarily on Liberty Street and Grand Street. This zone also includes the Liberty/Grand Street Heritage Corridor and contains a number of historically significant properties.
(2) 
Several building forms are in this district. New infill development shall respect the pattern and scale of the existing urban development. Compact detached houses with small side yards are allowed except on lots fronting Liberty Street or Grand Street. Within the more commercial areas of the district, such as Liberty Street or Grand Street, the shopfront and midrise are the preferred building types. These commercial, mixed-use, and higher-density residential structures will reflect the historic development pattern of the area and capitalize on the cultural assets within the district.
B. 
District standards.
(1) 
Lot standards. Buildings within the Downtown Neighborhood District shall comply with the following lot, building height, and building frontage requirements.
Minimum
Maximum
(A)
Lot width (feet)
20
(B)
Lot depth (feet)
75
(C)
Front setback1 (feet)
0/10
(D)
Side setback2,3,4 (feet)
0
(E)
Rear setback5,6 (feet)
20
(F)
Landscaped area
15%
(G)
Frontage occupancy
80%
(H)
Height7
Rowhouse and compact detached house
2 stories/25 feet
4 stories/50 feet
Shopfront and midrise
3 stories/35 feet
6 stories/75 feet
NOTES:
1.
A maximum of 10 feet may be allowed only if:
(a)
For shopfront, primarily commercially used midrise, and civic buildings, the front yard has no parking and is landscaped and used in a manner that enhances the street life by such means as pocket parks or plazas, outdoor dining areas, or public art. No outdoor display of items for sale shall be permitted in the front yard; or
(b)
For rowhouses, primarily residential midrises, and compact detached houses, the entrance feature connects the house to the sidewalk.
2.
Lots 100 feet wide or greater may have, but are not required to have, one side yard of 12 feet.
3.
Compact detached houses may have two side yards that are no more than 20 feet combined, no one of which is greater than 15 feet.
4.
Rowhouses are allowed to have one side yard no greater than 12 feet and no less than five feet.
5.
If the rear yard is dedicated to the City of Newburgh as all or part of a public parking lot or structure, the minimum setback shall be five feet with landscaping within the setback to screen from adjacent uses.
6.
Private service alleys are permitted within the rear yard.
7.
A 6th story is only allowed if set back from the front facade at least 15 feet.
(2) 
Building placement examples.
Rowhouse Building Placement Example
Compact Detached House Placement Example
300 FBC DN-4.png 300 FBC DN-5.png
  • Building facade is set back no more than 10 feet from front lot line
  • Stoop continues to front lot line
  • One side yard of 15 feet provided
  • Building facade is set back no more than 10 feet from front lot line
  • Stoop connects to sidewalk
  • Where possible, building facade aligns with adjoining building
  • One side yard on end building of 12 feet allowed
(3) 
Building height diagrams.
Rowhouse/Compact Detached House
Shopfront/Midrise
300 FBC DN-6.png 300 FBC DN-7.png
  • Minimum 2 stories (25 feet)
  • Maximum 4 stories (50 feet)
  • Minimum 3 stories (35 feet)
  • Maximum 6 stories (75 feet)
  • 6th story must be set back 15 feet
C. 
Building and site enhancement standards.
(1) 
Building and sign types.
Building Type
300 FBC Buildings-01.png 300 FBC Buildings-02.png 300 FBC Buildings-03.png 300 FBC Buildings-04.png 300 FBC Buildings-05.png
Sign Type
SHOPFRONT
MIDRISE
ROWHOUSE
COMPACT DETACHED1
CIVIC
300 FBC Signs-01.png
BAND
300 FBC Signs-02.png
BLADE
300 FBC Signs-03.png
SHINGLE
300 FBC Signs-04.png
AWNING
300 FBC Signs-05.png
YARD
300 FBC Signs-06.png
MARQUEE2
NOTES:
1.
Not allowed on lots fronting Liberty Street or Grand Street.
2.
Only allowed on the Liberty Street and Grand Street building frontage.

§ 300-138 Waterfront Gateway.

The Waterfront Gateway is anchored by institutional uses and civic buildings. Much of the rest of the district is characterized by large undeveloped and under-developed properties, many of which are City-owned.
A. 
Purpose and intent.
300 FBC WG-3.tif
(1) 
The primary intent of the Waterfront Gateway District is to maximize the residential and commercial density of new development. New projects in this zone should capitalize on the dramatic views of the Hudson River Valley, while protecting the views of the river from upland as defined in Article XI. It is anticipated that flagship buildings will anchor this district along Broadway and a mix of uses north and south of Broadway will create a center of activity within the City.
(2) 
This district forms a transition between the Waterfront, the Broadway Corridor, and the Downtown Neighborhood Districts. Development should provide inviting public spaces that encourage pedestrian activity. The physical form of buildings is intended to vary within the district. Mid- to high-rise buildings are encouraged along Broadway and its surrounding blocks, with shopfronts on the first floor to encourage pedestrian activity. Higher-density residential, mixed-use, and commercial buildings are encouraged in the rest of the district. Creative responses to the opportunities presented by the district's vacant and underutilized blocks are strongly encouraged.
B. 
District standards.
(1) 
Lot standards. Buildings within the Waterfront Gateway District shall comply with the following lot, building height, and building frontage requirements.
Minimum
Maximum
(A)
Lot width (feet)
20
(B)
Lot depth (feet)
75
(C)
Front setback1 (feet)
0/10
(D)
Side setback2, 3 (feet)
0
(E)
Rear setback4, 5 (feet)
20
(F)
Landscaped area6
10%
(G)
Frontage occupancy
80%
(H)
Height7
Rowhouse
3 stories/30 feet
4 stories/50 feet
Shopfront and midrise
5 stories/50 feet
8 stories/95 feet
NOTES:
1.
A maximum of 10 feet may be allowed only if:
(a)
For shopfront, midrise, and civic buildings, the front yard has no parking and is landscaped and used in a manner that enhances the street life by such means as pocket parks or plazas, outdoor dining areas, or public art. No outdoor display of items for sale shall be permitted; or
(b)
For rowhouses, the entrance feature connects the house to the sidewalk allowed.
2.
Lots 100 feet wide or greater may have, but are not required to have, one side yard of 12 feet.
3.
Rowhouses are allowed to have one side yard no greater than 12 feet and no less than five feet.
4.
If the rear yard is dedicated to the City of Newburgh as all or part of a public parking lot or structure, the minimum setback shall be five feet with landscaping within the setback to screen from adjacent uses.
5.
Private service alleys are permitted within the rear yard.
6.
Lots fronting on Broadway are not required to have a minimum landscaped area.
7.
An 8th story including parking stories is allowed for buildings set into the hillside only if the story is set back from the front facade at least 15 feet. The building cannot block any viewshed as defined in Article VII.
(2) 
Building placement examples.
Rowhouse Building Placement Example
300 FBC WG-4.png 300 FBC WG-5.png
  • Recessed entrance allowed because 80% of building facade is at lot line
  • One side yard of 12 feet is allowed because lot width is greater than 100 feet
  • Building facade is set back no more than 10 feet from front lot line
  • Where possible, building facade aligns with adjoining building
  • Stoop connects to sidewalk
  • One side yard on end building of 12 feet allowed
(3) 
Building height diagrams.
300 FBC WG-6.png 300 FBC WG-7.png
  • Minimum 3 stories (30 feet)
  • Maximum 4 stories (50 feet)
  • Minimum 5 stories (50 feet)
  • Maximum 8 stories (95 feet)
  • 8th story must be set back 15 feet
C. 
Building and site enhancement standards.
(1) 
Building and sign types.
Building Type
300 FBC Buildings-01.png 300 FBC Buildings-02.png 300 FBC Buildings-03.png
300 FBC Buildings-05.png
Sign Type
SHOPFRONT
MIDRISE1
ROWHOUSE1
CIVIC
300 FBC Signs-01.png
BAND
300 FBC Signs-02.png
BLADE
300 FBC Signs-03.png
SHINGLE
300 FBC Signs-04.png
AWNING
300 FBC Signs-05.png
YARD
300 FBC Signs-06.png
MARQUEE2
NOTES:
1.
Not allowed for buildings that front Broadway.
2.
Only allowed on the Broadway frontage of buildings.

§ 300-139 Planned Waterfront District.

The waterfront district is currently characterized by large amounts of surface parking, thriving restaurants and marinas, and retail uses. A waterfront walkway has been started and links to a City park offering beautiful views of the Hudson. The district also contains large undeveloped parcels.
A. 
Purpose and intent.
300 FBC PWD-3.tif
(1) 
The PWD is established with the goal of revitalizing the waterfront and establishing the City as a regional destination along the Hudson River. Within this district, water-dependent and water-enhanced uses are encouraged. A broad mix of uses, including housing, commercial, cultural, and open space uses are allowed.
(2) 
Because of the importance of this district to the overall development of the City and because of the large number of vacant and underutilized parcels within the district, all new construction must obtain site plan approval from the Planning Board in accordance with Article XI. Development must also meet open space standards as well as provide public access to the waterfront.
(3) 
The physical form and orientation of the buildings within the PWD should reflect the importance of the Hudson River to the successful redevelopment of the waterfront and should encourage activation of the waterfront through increased pedestrian utilization. Shopfront buildings and rowhouses, along with civic buildings, are permitted within this district. Parking lots, both structured and surface, should be primarily located adjacent to the railroad tracks. This will allow the parking to be screened from vantage points to the east and west.
B. 
District standards.
(1) 
Lot standards. Buildings within the Planned Waterfront District shall comply with the following lot, building height, and building frontage requirements.
Minimum
Maximum
(A)
Lot width (feet)
20
(B)
Lot depth (feet)
75
(C)
Front setback1 (feet)
0/10
(D)
Side setback2 (feet)
15
(E)
Rear setback (feet)
(EE)
Hudson River setback3 (feet)
40
(F)
Landscaped area4
15%
(G)
Frontage occupancy
80%
(H)
Height5
Rowhouse
2 stories/25 feet
4 stories/50 feet
Shopfront and midrise
5 stories/50 feet
6 stories/65 feet
NOTES:
1.
A maximum of 10 feet may be allowed only if:
(a)
For shopfront, midrise, and civic buildings, the front yard has no parking and is landscaped and used in a manner that enhances the street life by such means as pocket parks or plazas, outdoor dining areas, or public art. No outdoor display of items for sale shall be permitted in the front yard; or
(b)
For rowhouses, the entrance feature connects the house to the sidewalk.
2.
If a side yard is provided, it shall be no less than eight feet and no more than 15 feet.
3.
Hudson River setback is measured from each point along the shoreline, bulkhead, or stabilized shore, landward. Accessory swimming pools, parking, balconies, and porches are not allowed in the Hudson River setback. Water-dependent uses and structures may be located in the Hudson River setback with approval from the Planning Board.
4.
Lots fronting on Broadway and lots on the north side of Front Street between Broadway and South Street are not required to have a minimum landscaped area.
5.
A 6th story is allowed if set back from the front facade at least 15 feet.
(2) 
Building placement examples.
Rowhouse Building Placement Example
300 FBC PWD-4.png 300 FBC PWD-5.png
  • Hudson River setback of at least 40 feet
  • Waterfront walkway provided in Hudson River setback
  • Building facade is set back no more than 10 feet from front lot line
  • Stoop connects to sidewalk
  • Where possible, building facade aligns with adjoining building
(3) 
Building height diagrams.
Shopfront/Midrise
Rowhouse
300 FBC PWD-6.png 300 FBC PWD-7.png
  • Minimum 2 stories (25 feet)
  • Maximum 6 stories (65 feet)
  • 6th story should be set back 15 feet
  • Minimum 2 stories (25 feet)
  • Maximum 4 stories (50 feet)
C. 
Building and site enhancement standards.
(1) 
Building and sign types.
Building Type
300 FBC Buildings-01.png 300 FBC Buildings-02.png 300 FBC Buildings-03.png
300 FBC Buildings-05.png
Sign Type
SHOPFRONT
MIDRISE
ROWHOUSE1
CIVIC
300 FBC Signs-01.png
BAND
300 FBC Signs-02.png
BLADE
300 FBC Signs-03.png
SHINGLE
300 FBC Signs-04.png
AWNING
300 FBC Signs-05.png
YARD
300 FBC Signs-06.png
MARQUEE2
NOTES:
1.
Not allowed on Broadway or on the south side of Front Street.
2.
Only allowed on the Broadway frontage of buildings.
D. 
Other requirements for the PWD.
(1) 
Massing. In order to protect the view corridors to the Hudson River and to reduce the scale of waterfront buildings, an individual building may occupy no more than 100 feet of the dimension of the lot measured parallel to Front Street. Buildings to the north of Broadway and west of Front Street are exempted from this supplementary massing requirement.
(2) 
Parking. Whenever possible, parking (both surface and structured) should be placed adjacent to the railroad tracks. In this manner, the visibility of the parking can be minimized both from points to the east (downtown) and from pedestrians within the waterfront. Limited on-street parking may be allowed at the discretion of the Planning Board and in consultation with the Department of Public Works. In addition, no parking shall be allowed within the Hudson River setback.
(3) 
Open space.
(a) 
All lots greater than 50,000 square feet in area shall provide maintained open space(s) for the benefit of the residents, clients, and/or general public.
(b) 
The amount of maintained open space shall equal no less than 10% of the area of all lands not under water.
(c) 
The nature, location, and maintenance plans for such open spaces shall be approved by the Planning Board during site plan review.
(d) 
A lot's waterfront area may account for no more than 25% of a site's required open space.
(e) 
On-site open space can be used for passive or active recreation and/or to create, enhance, or preserve important views both into and from the City.
(4) 
Public access. This public access section summarizes the detailed requirements in Part 3.
(a) 
Physical access.
[1] 
Public access to the river's edge shall be provided for all lots having the Hudson River as part of its boundary.
[2] 
Public access shall consist of:
[a] 
A waterfront area that is open to the public and has a minimum width of 20 feet.
[b] 
A waterfront walkway within the waterfront area that is a minimum of 12 feet wide.
(b) 
Visual access.
[1] 
All new construction within the PWD shall preserve views of the Hudson River created by the public streets grid.
[2] 
All applications for site plan approval shall be evaluated for their impacts to the following scenic views:
[a] 
Montgomery Street and South Street.
[b] 
Washington's Headquarters.
[c] 
Broadway and Colden Street.
[d] 
Newburgh Public Library.
[e] 
First Street and Montgomery Street.
[f] 
Bay View Terrace.