In order to promote a more urban, walkable, and vibrant downtown, the City of Newburgh has chosen to utilize a form-based zoning approach for its four downtown districts. The regulations in this article supplement those regulations found in the rest of this chapter and provide specific details on the form of development that is encouraged and allowed in this important section of the City.
A. 
This form-based code will:
(1) 
Focus on the importance of building types and the relationship of one building to another.
(2) 
Allow flexibility and variety with respect to uses within buildings and within a zoning district.
(3) 
Help ensure new development is compatible with the existing urban fabric of downtown Newburgh.
(4) 
Provide guidelines for the redevelopment of the waterfront.
(5) 
Provide clarity to developers about what is desired and allowed.
(6) 
Speed the application and approval process for projects meeting the requirements of this article.
B. 
Organization.
(1) 
This form-based code (FBC) is a fully binding and enforceable component of the City's Zoning Code. It is also designed as a stand-alone resource for the development regulations for Newburgh's downtown.
(2) 
The form-based code is organized as follows.
(a) 
Part 1: Introduction. This section describes the purpose and intent of the form-based districts and includes the schedule of permitted uses within the districts.
(b) 
Part 2: District Regulations and Guidelines. This section defines the development standards for each of the four downtown districts.
(c) 
Part 3: Supplementary Standards. This section provides detailed standards on building design, streetscape, and parking within the form-based districts.
The following four zoning districts, shown on the official Zoning Map of the City of Newburgh, are regulated through this Form-Based Code. The regulations in this form-based code regulate the use, bulk, area, and design of new construction within these four zoning districts.
1 
Broadway Corridor
The Broadway Corridor (BC) Zone applies generally to lots along Broadway from West Street to Grand Street. The primary purpose of the zone is to focus commercial activity along this main thoroughfare.
2 
Downtown Neighborhood
The Downtown Neighborhood (DN) Zone generally encompasses the most urban neighborhoods to the north and south of Broadway.
3 
Waterfront Gateway
The Waterfront Gateway (WG) Zone is suited for the most dense and tallest development in the City. It includes areas to the north and south of Broadway between Grand Street and Water Street.
4 
Planned Waterfront District
The Planned Waterfront District (PWD) is the area of downtown generally between Water Street and the Hudson River. It is the historic heart of Newburgh and has been, and is expected to be, the catalyst for the revitalization of the City.
The following images characterize some of the existing form within the downtown districts and show the diversity of existing building types and uses within the FBC districts. They are presented for informational purposes only.
A. 
Broadway Corridor.
Shopfront Building Type
  • Shopfront building type used for residential use
  • Entrance should be accentuated more
Shopfront Building Type
  • Mixed-use buildings on Broadway
  • Zero front and side yard setback
  • Complementary, but not identical, architectural features
  • Infill opportunities on vacant and underdeveloped lots
Civic Building Type
  • Former Armory
  • Distinctive architecture and building form
  • Respects street wall
B. 
Downtown Neighborhood.
Rowhouse Building Type
  • Facade breaks for every lot
  • Stoop-type entrance feature
  • All houses are built with entrance feature right to front lot line
Shopfront Building Type
  • Liberty/Grand Street commercial corridor
  • High degree of transparency on the first floor
  • Architectural feature (bay window) allowed to encroach onto public right-of-way to add visual interest
Rowhouse Building Type
  • Porch-type entrance feature
  • Architectural accents, including bay windows, to maximize visual interest
  • All houses are built with entrance feature to front lot line
C. 
Waterfront Gateway.
Civic Building Type
  • Institutional uses and civic buildings anchor Waterfront Gateway District
  • Higher building to capitalize on Hudson River views and site topography
D. 
Planned Waterfront District.
Shopfront Building Type
  • Front Street on the waterfront
  • Ground-floor commercial and retail
  • Awnings provide visual interest
  • Setback should be used for public amenities
  • Waterfront walkway between Hudson River and buildings
  • Pedestrian path provided with lighting, seating, and other amenities
A. 
Permitted by right and permitted by site plan. The form-based code allows a mix of uses, both within lots and within buildings. The following uses are permitted within the form-based districts as designated by P; are permitted within the form-based districts pending site plan review as designated by P*; or are permitted within the form-based districts by special permit from the Planning Board as designated by S.
[Amended 5-22-2023 by Ord. No. 3-2023]
Use
Broadway Corridor
(BC)
Downtown Neighborhood
(DN)
Waterfront Gateway
(WG)
Planned Waterfront District
(PWD)
Residential
Apartment house
P
P*
P*
P*
Four-family dwelling
P
P*
P*
P*
Two- or three-family dwelling
P
P
P*
P*
Row or attached dwelling (townhome)
P
P*
P*
Two-family detached dwelling
P
P*
One-family detached dwelling
P
P*
P*
Residential care facility
P
P
P*
P*
Cooperative house
P
P
P*
P*
Accessory apartment
Bed-and-breakfast
A;S
A;S
A;S
A;S
Short-term in-home lodging
A
A
A
Boardinghouse
Customary home occupation
A;S
A;S
A;S
A;S
Rooming house
S
S
S
S
Mixed use with residential
P*
P*
P*
P*
Live/work
P*
P*
P*
P*
Institutional
Buildings, uses or facilities of any governmental unit
P*
P*
P*
P*
Cemetery
P*
P*
P*
P*
College/university
P*
P*
P*
Community center
P*
P*
P*
P*
Parking lot
P*
S
S
S
Community parking lot
P*
S
S
S
Dormitories
A
A
A
A
Hospital
A;S
A
House of worship
P*
P*
P*
P*
Membership club
P*
P*
P*
P*
Museum
P*
P*
P*
P*
Parks, open space, recreational facilities
P
P
P*
P*
Public libraries
P*
P*
School of general instruction
P*
P*
P*
Commercial
Activity facility
P
P
P*
P*
Adult day-care facility
P
P
P*
P*
Adult uses
Amusement center
S
S
Animal care facility
S
S
Assembly hall
P*
P*
P*
Bank
P
P*
Bar
P
P*
P*
P*
Billiard parlor
P
P*
P*
Bowling alley
P*
P*
P*
P*
Brewing of malt beverages or distilled spirits primarily for on-site consumption
P*
P*
P*
Professional office
P
P
P*
P*
Cabaret
P
P
P*
P*
Car rental
S
S
S
Cannabis, adult-use on-site consumption
S
S
S
Cannabis, industrial
Cannabis, retail
P*
P*
P*
Child day-care
P
P
P*
P*
Cottage industry
P
P
P*
P*
Drive-thru (bank, restaurant, pharmacy, etc.)
P*
P*
P*
Funeral home
P*
P*
P*
Hotel
P*
P*
P*
P*
Laundromat
P
P
Marina
P*
P*
Movie or professional theater, indoor concert venue
S
S
S
S
Nursing home
P*
P*
P*
P*
Office park
Personal services
P
P
P*
P*
Restaurant
P
P
P*
P*
Restaurant, carry-out
P
P*
P*
Restaurant, fast-food
P
P*
P*
Retail
P
P
P*
P*
Retail, neighborhood
P
P
P*
P*
Self storage
Shopping center
Tattoo parlor
P
P
P*
P*
Taxi service
P*
Technical school
S
S
S
Industrial
Automobile gas station
Automobile sales
Automobile service/repair
Automobile wash
Agriculture
Boat Repair
S
Distribution facility/warehouse
Dry cleaner; commercial laundry
P*
Industrial uses
Storage yard
Wholesale
P*
B. 
Architectural Review Commission. Lots within the East End Historic District must also comply with the requirements of Article VI.