City of Newburgh, NY
Orange County
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Table of Contents
Table of Contents
[Amended 11-23-2020 by Ord. No. 10-2020]
For the purposes listed in § 300-4, the City of Newburgh is hereby divided into the following zoning districts:
A. 
Traditional zoning districts:
(1) 
R-1 - Single-Family District - zone characterized by one, single-family dwelling per lot.
(2) 
Residential - Low-Density (R-Law) - zone characterized by detached, single-family dwellings per lot, with allowances for two- and three-family dwellings and other housing types, facilities and services that meet the needs of the community and residents, provided they are at a scale and density compatible with the landscape character in the zone.
(3) 
Residential - Medium-Density (R-Med) - zone characterized by one- to four-family structures and limited commercial uses that are functionally compatible with intensive residential use.
(4) 
Residential - High-Density (R-High) - zone characterized by structures that accommodate large numbers of residential dwelling units in limited space in areas within easy pedestrian access to commercial areas and public facilities within the City.
(5) 
Commercial District (CD) - zone characterized by primarily retail and service-related businesses, and under closely controlled conditions, light industrial uses that are frequented by the general public.
(6) 
Conservation Development District (CDD) - as defined in § 300-33.
(7) 
Industrial District (IND) - zone characterized by commercial activity focused on manufacturing, packaging, storage/warehousing, or wholesale production of goods.
(8) 
Right-of-Way (R-Way) - a parcel of property over which pedestrians or vehicles may legally pass over or through for purposes of public travel.
(9) 
Park - areas owned or used by the City, state, or other government entity for the purpose of being used as parkland, playgrounds, recreation areas, nature preserves, or open space.
B. 
Form-based districts:
(1) 
Broadway Corridor (BC) - as defined in § 300-127.
(2) 
Downtown Neighborhood (DN) - as defined in § 300-127.
(3) 
Waterfront Gateway (WG) - as defined in § 300-127.
(4) 
Planned Waterfront District (PWD) - as defined in § 300-127.
C. 
Overlay districts:
(1) 
In addition to these land use districts, the following overlay districts are hereby created:
(a) 
East End Historic District Overlay (EEH) - see generally, §§ 300-36 through 300-45.
(b) 
Colonial Terraces Architectural Design District Overlay (CTA) - see generally, §§ 300-36 through 300-45.
(c) 
Waterfront Protection Overlay (WPO) - as defined in § 300-46.
(d) 
Neighborhood Commercial Overlay (NC) - as defined in § 300-47.
(2) 
Overlay districts do not change the use and dimensional requirements of the underlying land use districts, unless specifically so stated in this chapter. On any given parcel of land, more than one overlay district may apply.
A. 
The location and boundaries of the zoning districts are established as shown on the Zoning Map of the City of Newburgh, attached hereto and made a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included at the end of this chapter.
B. 
Readoption of Maps. The Official Zoning Map shall be kept in the office of the City Clerk, the Building Inspector/Code Enforcement, and the Planning Department, and shall be reviewed for accuracy and updated at least once annually with any Zoning Map amendments adopted in the previous year by the City Council or its designee.
C. 
Zoning Map amendment. Changes may be made in district boundaries or other matter portrayed on the Zoning Maps only by zoning amendments adopted by the City Council. Such changes shall be noted by the City Clerk on the Official Zoning Maps promptly after the City Council adopts such an amendment.
D. 
Final zoning authority. Each ordinance adopting an amendment shall be the final authority as to the current status of lands, structures and uses in the City.
E. 
Authorized Map changes. Any unauthorized Map change made by any person shall be considered a violation of this chapter, punishable under Article XIV of this chapter.
Where uncertainty exists with respect to the boundaries of any of the zoning districts, the following rules apply:
A. 
Where district boundaries are indicated as approximately following or parallel to the center lines of streets or highways, or the boundaries of streets, highways, or rights-of-way, the district boundary shall be construed as following or being parallel to said center or boundary lines.
B. 
Where a land use district boundary divides a lot line in a single ownership existing at the effective date of this chapter, the City Planning Board may grant a special use permit to allow the uses authorized and the district requirement of the less restricted portion of such lot to extend up to a maximum of 50 feet into the more restricted portion of the lot. This provision shall not apply to overlay districts.
C. 
Where district boundaries are so indicated that they approximately follow lot lines in effect at the time of the effective date of this chapter, the district boundary shall be construed as following said lot line.
D. 
Where the boundary of a district follows shorelines, streams, creeks and waterbodies, said boundary shall be deemed to follow such shorelines and, in the event of change in the shoreline, shall be deemed as moving with the actual shoreline.
E. 
Where the boundary of a district follows shorelines, creeks, streams, lakes, or other bodies of water, said boundary line shall be deemed to be at the limit of the jurisdiction of the City, state or federal agency, unless otherwise indicated.
F. 
Within the Water Protection Overlay District, where the overlay district is based upon natural features, such boundaries may be more precisely established through field investigation by a qualified professional.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements. Whenever the requirements of this chapter are at variance with the requirements of any other lawfully adopted rules, regulations, or ordinances, the most restrictive, or that imposing the highest standards, shall govern.