City of Newburgh, NY District Regulations and Guidelines

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.

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.

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.

District standards.

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 setback^{3, 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.

Building placement examples.


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

Building height diagrams.

Broadway Corridor	TOD Subdistrict

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

Building and site enhancement standards.

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
Sign Type	SHOPFRONT	MIDRISE¹	CIVIC
BAND	✓	✓	✓
BLADE	✓	✓	✓
SHINGLE	✓	✓
AWNING	✓	✓	✓
YARD			✓
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.

Purpose and intent.

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.

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.

District standards.

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 setback^2,3,4 (feet)	—	0
(E)	Rear setback^5,6 (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.

Building placement examples.

Rowhouse Building Placement Example	Compact Detached House Placement Example

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

Building height diagrams.

Rowhouse/Compact Detached House	Shopfront/Midrise

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

Building and site enhancement standards.

Building and sign types.

Building Type
Sign Type	SHOPFRONT	MIDRISE	ROWHOUSE	COMPACT DETACHED¹	CIVIC
BAND	✓	✓			✓
BLADE	✓	✓			✓
SHINGLE	✓	✓	✓	✓
AWNING	✓	✓			✓
YARD			✓	✓	✓
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.

Purpose and intent.

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.

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.

District standards.

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 setback^{2, 3} (feet)	—	0
(E)	Rear setback^{4, 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.

Building placement examples.

	Rowhouse Building Placement Example

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

Building height diagrams.


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

Building and site enhancement standards.

Building and sign types.

Building Type
Sign Type	SHOPFRONT	MIDRISE¹	ROWHOUSE¹	CIVIC
BAND	✓	✓		✓
BLADE	✓	✓		✓
SHINGLE	✓	✓	✓
AWNING	✓	✓		✓
YARD			✓	✓
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.

Purpose and intent.

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.

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.

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.

District standards.

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.

Building placement examples.

	Rowhouse Building Placement Example

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

Building height diagrams.

Shopfront/Midrise	Rowhouse

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)

Building and site enhancement standards.

Building and sign types.

Building Type
Sign Type	SHOPFRONT	MIDRISE	ROWHOUSE¹	CIVIC
BAND	✓	✓		✓
BLADE	✓	✓		✓
SHINGLE	✓	✓	✓
AWNING	✓	✓		✓
YARD			✓	✓
MARQUEE²	✓	✓		✓

NOTES:
1.	Not allowed on Broadway or on the south side of Front Street.
2.	Only allowed on the Broadway frontage of buildings.

Other requirements for the PWD.

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.

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.