Town of Newburgh, NY Zoning

Town of Newburgh, NY

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Table of Contents

Table of Contents

Part I, Administrative Legislation
Ch 1 General Provisions
Ch 4 Attorney, Town
Ch 7 Civil Disturbance Control
Ch 9 Conservation Advisory Council
Ch 10 Criminal History Record Check
Ch 12 Defense and Indemnification
Ch 14 Emergency Preparedness Advisory Board
Ch 16 Ethics, Code of
Ch 20 Flag
Ch 25 Local Laws, Adoption of
Ch 27 Meetings
Ch 36 Planning Board
Ch 40 Recreation Advisory Board
Ch 41 Parks, Recreation and Conservation, Department of
Ch 42 Residency Requirements
Ch 43 Salaries and Compensation
Part II, General Legislation
Ch 52 Alarm Systems
Ch 56 Animals
Ch 60 Assemblies, Mass Public
Ch 64 Bingo and Games of Chance
Ch 66 Blasting
Ch 71 Building Construction
Ch 75 Buildings, Unsafe
Ch 79 Checks, Fraudulent
Ch 83 Clearing and Grading
Ch 87 Condominium Conversion
Ch 94 Drugs and Drug Paraphernalia
Ch 95 Dumpsters and Garbage; Brush and Weed Control
Ch 98 Entertainment, Public
Ch 100 Environmental Quality Review
Ch 104 Fees
Ch 107 Fire Prevention
Ch 109 Flood Damage Prevention
Ch 125 Noise and Illumination Control
Ch 128 Outdoor Furnaces
Ch 131 Parking Lots
Ch 133 Parks and Recreation Areas
Ch 135 Peace and Good Order
Ch 137 Peddling and Soliciting
Ch 144 Records
Ch 148 Sewers
Ch 152 Smoking
Ch 157 Stormwater Management
Ch 160 Streets and Sidewalks
Ch 161 Street Specifications
Ch 163 Subdivision of Land
Ch 166 Taxation
Ch 168 Telecommunications Facilities, Wireless
Ch 170 Towing
Ch 174 Vehicles and Traffic
Ch 179 Water
Ch 185 Zoning
Ch 185 Art I Authority and Purposes
§ 185-1 Authority.
§ 185-2 Purposes.
Ch 185 Art II Definitions
§ 185-3 Definitions; word usage.
Ch 185 Art III Zoning Districts and Zoning Map
§ 185-4 Establishment of zoning districts.
§ 185-5 Zoning Map.
§ 185-6 District boundaries.
§ 185-7 Effect of establishment of zoning districts.
§ 185-8 Overlay districts.
Ch 185 Art IV Schedules of District Regulations
§ 185-9 Establishment.
§ 185-10 Utilization of Use Table.
§ 185-11 Utilization of Bulk Table.
Ch 185 Art V Supplementary Regulations Applicable to All Districts
§ 185-12 Required performance standards.
§ 185-13 Off-street parking and loading facilities.
§ 185-14 Sign regulations.
§ 185-14.1 Sign regulations for shopping centers.
§ 185-15 Accessory buildings.
§ 185-15.1 Cargo container use for storage.
§ 185-16 Fences and walls.
§ 185-17 Corner lots.
§ 185-18 Exceptions to district regulations.
§ 185-19 Nonconforming buildings and uses.
§ 185-20 Privately owned utility systems.
§ 185-21 Buffer strips and screening.
§ 185-22 Environmentally sensitive areas.
Ch 185 Art VI Supplementary Regulations Applicable to Certain Uses
§ 185-23 Mobile home courts.
§ 185-24 Education facilities in the Education Facility Overlay District.
§ 185-25 Multiple dwellings and townhouses.
§ 185-26 Cluster developments.
§ 185-27 Hotels, motels and accessory restaurants.
§ 185-28 Motor vehicle service stations, car washes and rental agencies.
§ 185-29 Membership clubs.
§ 185-30 Outdoor storage.
§ 185-31 Stripping or filling of land.
§ 185-32 Professional Office Overlay District.
§ 185-33 Junkyards and motor vehicle junkyards.
§ 185-34 Marinas.
§ 185-35 Self-storage centers.
§ 185-35.1 Route 9W Self-Storage Center Overlay District.
§ 185-36 Quarrying and removal of sand and gravel.
§ 185-37 Individual mobile homes on individual lots.
§ 185-38 Accessory apartments.
§ 185-39 Petroleum bulk storage.
§ 185-40 Satellite earth stations.
§ 185-41 Business parks.
§ 185-42 Fast-food, drive-thru and drive-up establishments.
§ 185-43 Garden houses, toolsheds, wading and swimming pools and tennis courts.
§ 185-44 Seasonal roadside stands.
§ 185-45 Veterinarian offices.
§ 185-46 Public utilities.
§ 185-47 Affordable housing.
§ 185-48 Senior citizen housing.
§ 185-48.1 Travel centers.
§ 185-48.2 Two-family dwellings.
§ 185-48.3 Lakefront access lots.
§ 185-48.4 Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay District.
§ 185-48.5 Residential lot areas.
§ 185-48.6 Home occupations.
§ 185-48.7 Banks with drive-through windows.
§ 185-48.8 Day-care centers and nursery schools for pre-school children.
Ch 185 Art VII Enforcement and Penalties
§ 185-49 Building permits.
§ 185-50 Certificates of occupancy.
§ 185-50.1 Violations of conditions.
§ 185-51 Duties of Building and Code Enforcement Officer.
§ 185-52 Penalties for offenses; jurisdiction.
Ch 185 Art VIII Board of Appeals
§ 185-53 Creation, appointment and organization.
§ 185-54 Powers and duties.
§ 185-55 Procedure; construal of provisions; conflict with state law.
Ch 185 Art IX Site Plan Review
§ 185-56 Purpose and authority.
§ 185-57 Application procedure.
§ 185-57.1 Stormwater management plan.
§ 185-58 Site plan approval.
Ch 185 Art X Architectural Review Board
§ 185-59 Establishment; powers and duties; review standards.
Ch 185 Art XI Amendments
§ 185-60 Procedure.
Ch 185 Art XII Master Plan
§ 185-61 Authority; ratification.
Ch 185 Art XIII Interpretation and Applicability
§ 185-62 Interpretation and applicability.
Ch 185 Art XIV Repealer
§ 185-63 Prior Zoning Law repealed.
Ch 185 Art XV Exceptions
§ 185-64 Grandfathering clause.
Ch 185 Art XVI Adult-Oriented Businesses
§ 185-65 Legislative findings.
§ 185-66 Legislative purpose.
§ 185-67 Definitions.
§ 185-68 Prohibition on massage establishments.
§ 185-69 Location of Adult-Oriented Business.
§ 185-70 Separation, lot, bulk and parking requirements.
§ 185-71 Signs and displays.
§ 185-72 Interior and exterior lighting.
§ 185-73 Live entertainment security.
§ 185-74 Nonconforming buildings or lots.
§ 185-75 Termination and amortization of nonconforming adult-oriented businesses.
§ 185-76 Prohibited activities.
§ 185-77 Enforcement and penalties.
Ch 185 Art XVII Solar Siting
§ 185-78 Purpose and intent.
§ 185-79 Definitions.
§ 185-80 Applicability.
§ 185-81 Permit required; construction and placement requirements.
§ 185-82 Safety.
§ 185-83 Solar farms and solar power plants.
§ 185-84 Appeals.
§ 185-85 Building permit fees for solar panels.
§ 185-86 Guidelines for future solar access.
§ 185-87 Penalties for offenses.
Disposition List
Ch DL Disposition List

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Chapter 185 Zoning

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New Laws

Title	Adopted	Subject	Affects
L.L. No. 3-2020	2020-10-26	Zoning Amendment	Ch 185

[HISTORY: Adopted by the Town Board of the Town of Newburgh 12-16-1991 by L.L. No. 4-1991. Amendments noted where applicable.]

GENERAL REFERENCES

Building construction — See Ch. 71.

Clearing and grading — See Ch. 83.

Environmental quality review — See Ch. 100.

Flood damage prevention — See Ch. 109.

Subdivision of land — See Ch. 163.

ATTACHMENTS

Attachment 1 - Table of Zoning Map Amendments

Attachment 2 - Chart 1: Parking Generation Rates

Attachment 3 - Chart 2: Development Characteristics for Purposes of Determining Off-Street Parking Requirements

Attachment 4 - Chart 3: Worksheet for Projected Percentage(s) of Use of Parking Spaces for Single and Mixed-Use Developments

Attachment 5 - Table of Use and Bulk Requirements, RR District -- Schedule 1

Attachment 6 - Table of Use and Bulk Requirements, AR District -- Schedule

Attacment 7 - Table of Use and Bulk Requirements, R-1 District -- Schedule 3

Attachment 8 - Table of Use and Bulk Requirements, R-2 District -- Schedule 4

Attachment 9 - Table of Use and Bulk Requirements, R-3 District -- Schedule 5

Attachment 10 -Table of Use and Bulk Requirements, O District -- Schedule 6

Attachment 11 - Table of Use and Bulk Requirements, B District -- Schedule 7

Attachment 12 - Table of Use and Bulk Requirements, LHI District -- Schedule 7A

Attachment 12.1 - Table of Use and Bulk Requirements, SC District -- Schedule 7B

Attachment 13 - Table of Use and Bulk Requirements, IB District -- Schedule 8

Attachment 14 - Table of Use and Bulk Requirements, I District -- Schedule 9

Attachment 15 - Buffer and Screening Tables

Article I Authority and Purposes

§ 185-1 Authority.

§ 185-2 Purposes.

Article II Definitions

§ 185-3 Definitions; word usage.

Article III Zoning Districts and Zoning Map

§ 185-4 Establishment of zoning districts.

§ 185-5 Zoning Map.

§ 185-6 District boundaries.

§ 185-7 Effect of establishment of zoning districts.

§ 185-8 Overlay districts.

Article IV Schedules of District Regulations

§ 185-9 Establishment.

§ 185-10 Utilization of Use Table.

§ 185-11 Utilization of Bulk Table.

Article V Supplementary Regulations Applicable to All Districts

§ 185-12 Required performance standards.

§ 185-13 Off-street parking and loading facilities.

§ 185-14 Sign regulations.

§ 185-14.1 Sign regulations for shopping centers.

§ 185-15 Accessory buildings.

§ 185-15.1 Cargo container use for storage.

§ 185-16 Fences and walls.

§ 185-17 Corner lots.

§ 185-18 Exceptions to district regulations.

§ 185-19 Nonconforming buildings and uses.

§ 185-20 Privately owned utility systems.

§ 185-21 Buffer strips and screening.

§ 185-22 Environmentally sensitive areas.

Article VI Supplementary Regulations Applicable to Certain Uses

§ 185-23 Mobile home courts.

§ 185-24 Education facilities in the Education Facility Overlay District.

§ 185-25 Multiple dwellings and townhouses.

§ 185-26 Cluster developments.

§ 185-27 Hotels, motels and accessory restaurants.

§ 185-28 Motor vehicle service stations, car washes and rental agencies.

§ 185-29 Membership clubs.

§ 185-30 Outdoor storage.

§ 185-31 Stripping or filling of land.

§ 185-32 Professional Office Overlay District.

§ 185-33 Junkyards and motor vehicle junkyards.

§ 185-34 Marinas.

§ 185-35 Self-storage centers.

§ 185-35.1 Route 9W Self-Storage Center Overlay District.

§ 185-36 Quarrying and removal of sand and gravel.

§ 185-37 Individual mobile homes on individual lots.

§ 185-38 Accessory apartments.

§ 185-39 Petroleum bulk storage.

§ 185-40 Satellite earth stations.

§ 185-41 Business parks.

§ 185-42 Fast-food, drive-thru and drive-up establishments.

§ 185-43 Garden houses, toolsheds, wading and swimming pools and tennis courts.

§ 185-44 Seasonal roadside stands.

§ 185-45 Veterinarian offices.

§ 185-46 Public utilities.

§ 185-47 Affordable housing.

§ 185-48 Senior citizen housing.

§ 185-48.1 Travel centers.

§ 185-48.2 Two-family dwellings.

§ 185-48.3 Lakefront access lots.

§ 185-48.4 Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay District.

§ 185-48.5 Residential lot areas.

§ 185-48.6 Home occupations.

§ 185-48.7 Banks with drive-through windows.

§ 185-48.8 Day-care centers and nursery schools for pre-school children.

Article VII Enforcement and Penalties

§ 185-49 Building permits.

§ 185-50 Certificates of occupancy.

§ 185-50.1 Violations of conditions.

§ 185-51 Duties of Building and Code Enforcement Officer.

§ 185-52 Penalties for offenses; jurisdiction.

Article VIII Board of Appeals

§ 185-53 Creation, appointment and organization.

§ 185-54 Powers and duties.

§ 185-55 Procedure; construal of provisions; conflict with state law.

Article IX Site Plan Review

§ 185-56 Purpose and authority.

§ 185-57 Application procedure.

§ 185-57.1 Stormwater management plan.

§ 185-58 Site plan approval.

Article X Architectural Review Board

§ 185-59 Establishment; powers and duties; review standards.

Article XI Amendments

§ 185-60 Procedure.

Article XII Master Plan

§ 185-61 Authority; ratification.

Article XIII Interpretation and Applicability

§ 185-62 Interpretation and applicability.

Article XIV Repealer

§ 185-63 Prior Zoning Law repealed.

Article XV Exceptions

§ 185-64 Grandfathering clause.

Article XVI Adult-Oriented Businesses

§ 185-65 Legislative findings.

§ 185-66 Legislative purpose.

§ 185-67 Definitions.

§ 185-68 Prohibition on massage establishments.

§ 185-69 Location of Adult-Oriented Business.

§ 185-70 Separation, lot, bulk and parking requirements.

§ 185-71 Signs and displays.

§ 185-72 Interior and exterior lighting.

§ 185-73 Live entertainment security.

§ 185-74 Nonconforming buildings or lots.

§ 185-75 Termination and amortization of nonconforming adult-oriented businesses.

§ 185-76 Prohibited activities.

§ 185-77 Enforcement and penalties.

Article XVII Solar Siting

§ 185-78 Purpose and intent.

§ 185-79 Definitions.

§ 185-80 Applicability.

§ 185-81 Permit required; construction and placement requirements.

§ 185-82 Safety.

§ 185-83 Solar farms and solar power plants.

§ 185-84 Appeals.

§ 185-85 Building permit fees for solar panels.

§ 185-86 Guidelines for future solar access.

§ 185-87 Penalties for offenses.