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.
[Amended 11-23-2020 by Ord. No. 10-2020; 5-22-2023 by Ord. No. 3-2023]
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 | 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* | |||||
Four-family dwelling | 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* | 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* | ||
College/university | P* | P* | P* | P* | P* | P* | ||||||
Community center | P* | P* | P* | P* | P* | P* | P* | P* | P* | P* | ||
Parking lot | S | S | S | P | P | P* | P* | S | S | S | ||
Community parking lot | S | S | P* | P* | P | P | P* | P* | S | S | S | |
Dormitories | A | A | A | A | A | A | A | A | A | A | ||
Hospital | S | A | A | A | A;S | A | ||||||
House of worship | P* | P* | P* | P* | P* | P* | P* | P* | ||||
Membership club | S | S | S | P* | P* | P* | P* | |||||
Museum | S | S | S | P* | P* | P* | P* | |||||
Parks, open space, recreational facilities | P | P | P | P | P | P* | P | P | P* | P* | ||
Public libraries | P | P* | P* | |||||||||
School of general instruction | P* | P* | P* | P* | P* | P* | P* | P* | ||||
Commercial | ||||||||||||
Activity facility | P* | P* | P | P | P* | P* | ||||||
Adult day-care facility | P* | P* | P | P | P* | P* | ||||||
Adult uses | S | S | ||||||||||
Amusement center | P* | P* | S | S | ||||||||
Animal care facility | S | S | P* | S | S | |||||||
Assembly hall | P* | P* | P* | P* | P* | P* | ||||||
Bank | P* | A | P | P* | ||||||||
Bar | P* | P* | P | P* | P* | P* | ||||||
Billiard parlor | P* | P* | P | P* | P* | |||||||
Bowling alley | P* | P* | P* | P* | P* | P* | ||||||
Brewing of malt beverages or distilled spirits primarily for on-site consumption | P* | P* | P* | P* | P* | |||||||
Professional office | P | P | P | P | P* | P | P | P* | P* | |||
Cabaret | S | S | P | P | P* | P* | ||||||
Cannabis, adult-use on-site consumption | S | S | S | S | S | S | ||||||
Cannabis, industrial | P* | P* | ||||||||||
Cannabis, retail | P* | P* | 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* | P | P | P* | P* | |||
Drive-thru (bank, restaurant, pharmacy, etc.) | P* | P* | P* | P* | P* | |||||||
Funeral home | P* | P* | P* | P* | P* | |||||||
Hotel | P* | P* | P* | P* | P* | P* | ||||||
Laundromat | 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 | P* | P* | P* | P* | ||||
Office park | 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 | P* | 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 | P* | ||||||||
Technical school | S | P* | P* | S | S | S | ||||||
Industrial | ||||||||||||
Agriculture | S | S | S | P* | P* | S | ||||||
Automobile gas station | S | S | ||||||||||
Automobile sales | S | S | ||||||||||
Automobile service/repair | S | S | S | |||||||||
Automobile wash | S | S | ||||||||||
Boat repair | P* | S | ||||||||||
Distribution facility/warehouse | P* | P* | ||||||||||
Dry cleaner; commercial laundry | P* | P* | P* | |||||||||
Industrial uses | P* | |||||||||||
Storage yard | P* | P* | ||||||||||
Wholesale | P | P* | P* | |||||||||
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 a change in the purpose or level of activity within a building that implicates a change in application of the requirements of the New York State Uniform Fire Prevention and Building Code or the requirements of this chapter. The following exceptions shall not be considered a change of use: a change of ownership, tenancy, or named occupant(s) of a property or building; a decrease in the number of units within a building provided the proposed purpose remains the same as the purpose allowed on a valid certificate of occupancy; an increase in the intensity of a one-, two-, three-, or four-family structure by no more than a 20% increase in square footage and a 20% increase in the number of units proposed.
[Amended 11-23-2020 by Ord. No. 10-2020]
(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.
(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.