Specific terms. As used in this chapter, unless the
context or subject matter requires otherwise, the following terms
shall have the meanings herein indicated:
ACCESSORY
A term applied to a use or structure clearly incidental to
or subordinate to the principal building or permitted use on the same
lot.
ACCESSORY APARTMENT
A supplemental dwelling unit within a one-family detached
dwelling or a separate dwelling unit accessory to a principal residential
or nonresidential use. An accessory apartment within a one-family
detached dwelling shall not constitute a semidetached or a two-family
dwelling.
ACCESSORY USE
A use recognized in Article
IV, Schedules of District Regulations, as clearly incidental to a principal use (whether permitted by right or by special condition) and permitted only in conjunction with the principal use identified.
ALTERATION
A change, extension, enlargement or rearrangement in the
structural parts of a building or structure, whether by extending
to the front, rear or side, increasing the height or moving from one
location or position to another.
BERM
An earthen mound designed to provide visual interest, screen
undesirable views, and/or decrease noise. A berm additionally is intended
to give added height to other buffer elements.
[Added 3-5-2007 by L.L. No. 1-2007]
BERTHING
The place where a vessel lies when at anchor or at a dock.
[Added 4-18-2005 by L.L. No. 6-2005]
BLOCK
A tract of land or lot or group of lots bounded by one or
more of the following: a street or highway; public park; parkway;
railroad right-of-way; reservoir, lake or other body of water or watercourse;
unsubdivided land; or a boundary line of the Town of Newburgh, or
any combination of the above.
BOARDINGHOUSE
A building containing a single dwelling unit and lodging
rooms accommodating, for compensation, four or more persons who are
not the resident owner's family. This use is prohibited in the Town
of Newburgh.
BOATHOUSE
A building which:
[Added 4-18-2005 by L.L. No. 6-2005]
(1)
Has direct access to a body of navigable water;
(2)
Is used for the storage of boats or vessels
and associated equipment; and
(3)
Does not have bathroom or kitchen facilities
and is not designed or used for lodging or residency.
BORROW PIT
An excavation for the purpose of obtaining sand, gravel or
other unconsolidated material of any type which affects more than
400 cubic yards of material within any parcel or any one subdivision
in receipt of preliminary or final approval, excluding proposed public
roads.
BUFFER OR BUFFER STRIP
A strip of land containing natural vegetative growth, plantings
of trees or shrubs, and which serves to separate distinct uses or
activities either within a property or on adjacent properties.
[Amended 3-5-2007 by L.L. No. 1-2007]
BUILDABLE AREA
An area of a lot within the building envelope so positioned
as to allow the siting of a principal building and accessory uses
and not constrained by DEC-regulated water bodies, protected wetlands,
steep slopes, one-hundred-year floodplains, areas subject to tidal
inundation, rights-of-way of existing public or private roads or utility
easements.
[Added 11-1-2010 by L.L. No. 8-2010]
BUILDING
A structure wholly or partially enclosed within exterior
walls and a roof affording shelter to persons, animals or property.
BUILDING ENVELOPE
The two-dimensional space within which a structure is permitted
to be built on a lot and that is defined by minimum yard setbacks.
[Added 11-1-2010 by L.L. No. 8-2010]
BUILDING HEIGHT
The vertical distance measured from the average elevation
of the finished grade along the side of the structure fronting on
the nearest street to the highest point of such structure.
BUSINESS PARK
A tract of land on which are situated two or more buildings
providing business, professional, institutional or research uses,
or any combination of such uses.
CALIPER
The diameter of a tree measured at a point six inches above
the ground if the resulting measurement does not exceed four inches.
For trees whose caliper exceeds four inches, the measurement is made
at a point 12 inches above the ground. Measurement of tree diameters
shall be made according to diameter at breast height (dbh).
[Added 3-5-2007 by L.L. No. 1-2007]
CANNABIS DISTRIBUTION FACILITY
A use that is licensed by the State of New York to distribute
cannabis products to licensed cannabis retail dispensaries.
[Added 1-23-2023 by L.L. No. 1-2023]
CANNABIS MEDICAL DISPENSARY
A use that is licensed by the New York State Department of
Health to dispense or distribute medical marijuana in accordance with
Article 33 of the Public Health Law and Part 1004 of Title 10 of the
New York Codes, Rules and Regulations.
[Added 1-23-2023 by L.L. No. 1-2023]
CANNABIS MICROBUSINESS PREMISES
A use that is licensed by the State of New York to be engaged
in the cultivation of cannabis on an area less than 10,000 square
feet and to act as a licensed distributor, manufacturer and retailer
of cannabis products cultivated on site.
[Added 1-23-2023 by L.L. No. 1-2023]
CANNABIS ON-SITE CONSUMPTION PREMISES
A use that is licensed by the State of New York to sell cannabis
products and cannabis derived products for on-site consumption by
smoking or otherwise.
[Added 1-23-2023 by L.L. No. 1-2023]
CANNABIS PROCESSING FACILITY
A use that is licensed by the State of New York to process
cannabis products. Processing may include extraction, compounding,
blending, infusing or other forms of manufacturing cannabis products.
Processing may additionally include cultivation, harvesting, packaging,
labeling and distribution of cannabis products produced at the facility.
[Added 1-23-2023 by L.L. No. 1-2023]
CANNABIS RETAIL DISPENSARY
A use that is licensed in the State of New York to sell cannabis
products at retail for off-premise consumption.
[Added 1-23-2023 by L.L. No. 1-2023]
CARGO CONTAINER
A standardized reusable metal vessel that was:
[Added 2-10-2014 by L.L. No. 2-2014]
(1)
Originally designed for or used in the packing, shipping, movement
or transportation of freight, articles, goods or commodities; and/or
(2)
Originally designed for, or capable of, being mounted or moved
by rail, truck or ship by means of being mounted on a chassis or similar
transport device. This definition includes the terms "transport containers"
and "portable site storage containers" having a similar appearance
to and similar characteristics of cargo containers.
(3)
For purposes of this chapter, cargo containers originally built
for purposes other than the storage of goods and materials are not
accessory buildings.
(4)
For purposes of this chapter, trailers, as defined by the Vehicle
and Traffic Law, including those with mounted containers, are not
cargo containers.
CAR WASH
A structure or area that provides facilities for washing and cleaning motor vehicles which may use production-line methods with a conveyor, blower or other mechanical devices or which may employ hand labor and waxing. This use shall be regulated in accordance with §
185-28.
CLUB, MEMBERSHIP
An organization established under the laws of the State of
New York catering exclusively to members and their guests which is
not conducted primarily for gain, and provided that there are no vending
stands, merchandising or commercial activities conducted except as
required generally for the membership and purposes of such club. Accessory
uses or structures may include such subordinate purposes as administration,
operation, accommodations and the sale of food and drink primarily
to members and their guests. Membership clubs may be:
(1)
Recreational, including recreation facilities
such as tennis courts, swimming pools, golf courses, boating facilities,
fishing or hunting preserves or other athletic facilities; or
(2)
Nonrecreational, including premises and buildings
for social, cultural, political or fraternal purposes.
CLUSTER DEVELOPMENT
A tract of land on which buildings are situated, either on
individual lots or in group ownership, and in which common open space
is gained by use of lot dimensions smaller than the minimums required
by the bulk regulations for the district in which the tract is located,
as authorized by the Town Board under authority of § 281
of the Town Law of the State of New York and pursuant to the authority
of the Municipal Home Rule Law. "Cluster developments" may be:
(1)
Residential, in which a permissible number of
dwelling units that would result from conventional application of
this chapter and Appendix A, Subdivision Regulations, may be concentrated on a smaller portion of land in detached,
semidetached, attached or multistory structures of such type or combination
of types as may be permitted in the district in which the tract is
located; or
(2)
Nonresidential, in which the same principles
may be applied to commercial, industrial, institutional or recreational
purposes.
COMMERCIAL VEHICLE
A vehicle with commercial license plates and commercial advertising
on its sides, roof, hood, trunk or tailgate and used for business
purposes.
[Added 9-23-1998 by L.L. No. 10-1998]
COMMUNITY RESIDENCE FOR THE DISABLED
A dwelling unit that provides a supervised residence for
four to 14 mentally disabled persons and is subject to licensing by
the State Office of Mental Health or the State Office of Mental Retardation
and Developmental Disabilities. All residents in such a structure
shall be construed to be one family.
CONDOMINIUM
The individual ownership in fee simple of a building or a
portion of a building, either residential or nonresidential, with
indivisible joint interest with other such owners in all common facilities.
CONVENIENCE STORE
A retail business selling nondurable consumer products, including but not limited to groceries, prepared and packaged foods and gasoline, and providing no services. A convenience store shall be regulated in accordance with §
185-28 if it is on the same lot with a car wash or motor vehicle service station.
CRITICAL AREA OF ENVIRONMENTAL CONCERN
Any area containing resources of critical concern to the
Town as designated by a local law of the Town of Newburgh adopted
in accordance with 6 NYCRR 617.4(j), filed with the Commissioner of
Environmental Conservation, and indicated on the Zoning Map which
is part of this chapter.
DECIDUOUS
Woody plants that lose their foliage annually. Either:
[Added 3-5-2007 by L.L. No. 1-2007]
(1)
CANOPYA large maturing woody plant with a single trunk that will achieve a height of at least 35 feet at maturity; or
(2)
UNDERSTORYA small maturing woody plant with a single trunk or multiple stems that will achieve a height of less than 35 feet at maturity.
DOCK
Any structure, whether affixed or floating, placed in or
upon a lake, pond, river, stream or brook and which provides a berth
for watercraft and/or a means of pedestrian access to and from the
shoreline. This shall include piers, wharfs, crib docks, stake docks,
floating docks and all such similar structures.
[Added 4-18-2005 by L.L. No. 6-2005]
DOMESTIC ANIMAL
As herein defined shall be limited to cows, horses, sheep,
goats, donkeys, dogs and cats.
DRIVE-THRU AND DRIVE-UP ESTABLISHMENTS
Any business facility, including fast-food restaurants and
convenience stores, where all or any part of the business is based
on customers driving up to a window to obtain their orders or walking
into a facility or to a window to pick up a small number of items.
[Added 9-23-1998 by L.L. No. 10-1998]
DWELLING OR DWELLING UNIT
One or more rooms with provisions for living, cooking, sanitary
and sleeping facilities arranged for the use of one family. NOTE:
The term "dwelling," "single-family dwelling," "multifamily dwelling"
or "dwelling unit" shall not be deemed to include a hotel, motel,
automobile court, tourist home, furnished rooming house, dormitory,
boarding home, convalescent home, rest home, nursing home or other
accommodation used for transient occupancy.
DWELLING, GARDEN-STYLE
A multiple dwelling wherein the entrance of a dwelling unit
is no more than one floor above or below ground floor level. All ground
floor units shall contain access to usable outdoor areas from a second
entry.
DWELLING, MULTIPLE
A building or portion thereof containing three or more dwelling
units, either side by side or above and below each other.
DWELLING, SEMIDETACHED
A building containing two single-family attached dwelling
units. When such dwelling units occupy different lots, they are synonymous
with the term "zero lot line dwellings." A "semidetached dwelling"
shall not be construed to mean a single-family dwelling with an accessory
apartment.
DWELLING, SINGLE-FAMILY ATTACHED
A single-family dwelling sharing a common or party wall with
one or more adjacent dwellings in a multiple-dwelling structure and
with no other dwelling above or below. Such use is synonymous with
the terms "townhouse" and "row house."
DWELLING, SINGLE-FAMILY DETACHED
A detached building containing one dwelling unit only in
which the shortest median dimension, either longitudinal or transverse,
must be at least 24 feet and which is erected on a permanent foundation
and equipped for year-round occupancy.
DWELLING, TWO-FAMILY
A building containing two single-family dwelling units only,
either attached side by side, front to rear or one above the other.
A two-family dwelling shall not be construed to mean a single-family
dwelling with an accessory apartment. Side-by-side dwellings may be
situated on separate lots sharing a common wall as semidetached or
zero lot line units.
[Amended 9-23-1998 by L.L. No. 10-1998]
EATING AND DRINKING PLACE
A business establishment serving food or drink to be consumed
primarily on the premises or within a food court area of a shopping
center. All uses serving food shall be construed to be eating and
drinking places for purpose of determining off-street parking requirements.
[Amended 9-23-1998 by L.L. No. 10-1998]
EVERGREEN
Woody plants with foliage that persists and remains green
year-round.
[Added 3-5-2007 by L.L. No. 1-2007]
FAMILY
One or more persons occupying a dwelling unit as a single,
nonprofit housekeeping unit. A group of persons occupying a boardinghouse,
lodging house, club, fraternity house, hotel or motel shall not be
deemed to constitute a family.
FENCE
A structure made of metal, wood, stone or masonry to afford
screening, privacy or security for a property. Fences shall include
electrical and/or nonvisible fences which must be appropriately signed
for the information and safety of the general public.
[Added 9-23-1998 by L.L. No. 10-1998]
FILLING OF LAND
Any activity which deposits natural or artificial material
so as to modify the surface or subsurface conditions of land, lakes,
ponds or watercourses and which exceeds a total of 400 cubic yards
of material within any parcel or any one subdivision in receipt of
preliminary or final approval, excluding proposed public roads.
FLOOD, BASE
The stream flow having a one-percent chance of occurring
in any year.
FLOODPLAIN, ONE-HUNDRED-YEAR
Land area susceptible to being inundated by water from any source subject to a one-percent or greater chance of flooding in any given year as defined or shown on the Flood Insurance Rate Map panels and related documents prepared by the Federal Emergency Management Agency as referenced in and made a part of §
109-6 of the Code of the Town of Newburgh.
[Amended 7-20-2009 by L.L. No. 2-2009]
FLOODPLAIN, FIVE-HUNDRED-YEAR
Those land areas shown as five-hundred-year flood zones on the Flood Insurance Rate Map panels and related documents prepared by the Federal Emergency Management Agency as referenced in and made a part of §
109-6 of the Code of the Town of Newburgh.
[Amended 7-20-2009 by L.L. No. 2-2009]
FLOODWAY
The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than a designated height as determined by the Federal Emergency Management Agency in a Flood Insurance Study or by other agencies as provided in §
109-14B of the Code of the Town of Newburgh.
[Amended 7-20-2009 by L.L. No. 2-2009]
FLOOR AREA
The sum of the gross horizontal areas of the several floors,
basement and attic of the building or buildings on a lot, as measured
from the exterior faces of the exterior walls or from the center lines
of the party walls separating two buildings or units thereof.
FLOOR AREA, HABITABLE
All spaces within the exterior walls of a dwelling unit exclusive
of garages, breezeways, unheated porches, heating and mechanical equipment
rooms and basements having a window area of less than 20% of the square
foot area of the room. Habitable floor area shall include all spaces
not otherwise excluded above, such as principal rooms, utility rooms,
bathrooms, all closets and hallways opening directly into any room
within the dwelling unit, stairways and all attic area having a clear
height of 7 1/2 feet or more from finished floor level to roof
rafter.
FOOD PREPARATION SHOP
A business devoted to the preparation of food to be consumed
primarily off premises, including but not limited to delicatessens
and bakeries. This use may be located within a larger use such as
a convenience or grocery store.
[Amended 9-23-1998 by L.L. No. 10-1998]
FOWL
Shall include but not be limited to domesticated birds, such
as chickens, ducks, geese, turkeys and pheasants, raised in confinement.
FRONTAGE, USABLE LAKEFRONT
The extent of land measured as a line horizontally along
a lakefront as it winds and turns at the mean high water mark, but
excluding those fronting lakefront areas which are covered or subject
to protected wetlands, slopes having a grade greater than 20%, streams,
or rights-of-way of existing public or private roads that would prevent
use of the underlying land in any manner.
[Added 12-30-2002 by L.L. No. 11-2002]
FUEL TANK
A storage tank for combustible petroleum products, including
petroleum bulk storage.
GARAGE, PRIVATE
An enclosed space for the storage of one or more motor vehicles
not for gain through the commercial rental of space.
GROSS LEASABLE FLOOR AREA
Gross leasable floor area is defined for purposes of calculating
parking requirements as the total area of a space rented or leased
by a tenant exclusive of any common area, whether covered or uncovered.
In a mall or other large building, common area, utility or general
storage space is not included in parking calculations, but leased
storage area by a tenant shall be included up to 50% of such storage
area.
[Added 9-23-1998 by L.L. No. 10-1998]
HEALTH CLUB OR FITNESS FACILITY
A for-profit or not-for-profit indoor recreational and exercise
facility, not necessarily intended primarily for therapeutic uses,
that may include such facilities as weight-lifting equipment, indoor
running tracks, swimming pools, tennis, squash or racquetball courts,
exercise machines, such as treadmills and rowers, and accessory facilities
such as saunas, showers and locker rooms, but excluding such facilities
as skating or roller rinks, any facility involving the use or discharge
of firearms and also excluding video game rooms, arcades and other
such indoor recreational activities.
[Added 9-23-1998 by L.L. No. 10-1998]
HIGH-WATER MARK
The point on the bank or shore where the surface water is
present often enough to leave a distinct mark. More specifically,
the high-water mark is the point on the bank or shore up to which
the water, by its presence and action, leaves a distinct mark indicated
by erosion, destruction or prevention of terrestrial vegetation, predominance
of aquatic vegetation or other easily recognizable characteristic.
If a mark cannot be found, then the high-water mark shall be the line
of mean high water.
[Added 4-18-2005 by L.L. No. 6-2005]
HOME OCCUPATION
Any gainful occupation or profession customarily conducted
within a dwelling by the residents thereof, clearly secondary to the
use of the dwelling for living purposes, and which does not change
the character of the structure as a residence. Said activity shall
not have more than one nonresident employee working on the premises
at any one time and shall not occupy more than 1/2 of the ground floor
area of the dwelling or its equivalent elsewhere in the dwelling,
if so used. Permissible home occupations include, but are not limited
to, the following: art studio; dressmaking; offices for a clergyman,
lawyer, physician, dentist, architect, engineer, real estate agent
or accountant; and teaching, with musical, dancing and other instruction
limited to one pupil at a time. However, home occupations shall not
be construed to include uses such as the following: clinic or hospital,
barbershop or beauty parlor, restaurant, animal hospital, commercial
animal breeding, taxi service or yard and in residential zones, uses
which entail the outdoor use, maintenance, servicing, testing, cleaning,
repair, loading, unloading or storage of outdoor machinery, motor
equipment or commercial vehicles or outdoor work activities conducted
on the property containing the dwelling.
[Amended 3-3-2014 by L.L. No. 4-2014]
HOTEL
One or more buildings offering transient lodging accommodations
on a fee or hire basis to the general public, and which provide rooms
or areas for group assembly and a central kitchen only and a central
dining room within the building or in an accessory building. A hotel
shall not constitute an individual's or family's primary residence
and shall not be construed to be a multiple dwelling.
[Amended 4-20-2015 by L.L. No. 3-2015]
JUNKYARD
A parcel of land or part thereof, including any buildings
thereon, which is occupied in any part by a deposit, collection or
storage, outside of a completely enclosed building, of, or which is
used for the disposal by abandonment, dumping, burial, burning or
any other means or for whatever purpose of, wastepaper, rags, scrap
metal, garbage, sewage, trash, refuse, junk, discarded materials,
tires, debris from construction and demolition activities or waste
material of any kind or for the collecting, dismantling, storing or
salvaging of machinery or the sale of parts thereof, excepting any
substance that is flammable, combustible, explosive, reactive, corrosive
or toxic to humans, as defined in United States Environmental Protection
Agency regulations under 40 CFR 116. One cubic yard of refuse located
on a property for more than 30 days shall constitute a junkyard.
JUNKYARD, MOTOR VEHICLE
An area of land, including any buildings thereon, which is
used for or occupied in any part by a deposit, collection or storage,
outside of a completely enclosed building, of used or discarded motor
vehicles or parts thereof, with or without dismantling, wrecking,
salvage, sale or other use or disposition of the same. A deposit,
collection or storage on a lot of two or more motor vehicles not in
condition for legal use on the public highways, or parts thereof,
for one week or more in a residential district or for three weeks
or more in a nonresidential district shall constitute a motor vehicle
junkyard.
KENNEL
A structure used for the harboring of more than five dogs
with attendant commercial services that may include any one or a combination
of the following: boarding, grooming, breeding, raising or veterinary
care.
LAKEFRONT
The line of contact between a body of water and the land.
[Added 12-30-2002 by L.L. No. 11-2002]
LAKEFRONT ACCESS
The use of a lot, as defined in §
185-2, lot, lakefront access for boat launching, docking, pedestrian or vehicular passage to moored or anchored boats, swimming, bathing and fishing from or incidental to a private lakefront access lot.
[Added 4-18-2005 by L.L. No. 6-2005]
LIGHT AND HEAVY INDUSTRIAL EQUIPMENT SALES, SERVICE AND REPAIR
ESTABLISHMENTS
Establishments primarily engaged in the sale or rental of
trucks, tractors, cranes, backhoes, other construction equipment,
agricultural implements, and similar industrial equipment. Included
in this use type is the incidental storage, maintenance, and servicing
of such equipment as well as repair garages, service centers, and
similar uses where major and minor repair activities are conducted.
[Added 8-27-2008 by L.L. No. 5-2008]
LIVESTOCK
Animals, including but not limited to domestic animals, such
as sheep, horses, cattle and goats.
LOADING OR UNLOADING AREA
Any off-street area or space accessible from a street or
driveway for the use of trucks or other vehicles while loading or
unloading merchandise or materials.
LOT
Land or a parcel of land not divided by streets occupied,
unoccupied or to be occupied by a building and its accessory buildings
or by a dwelling or group of dwellings and its accessory buildings,
together with such open spaces as are required under the provisions
of this chapter containing not less than the minimum area required
by this chapter for a lot in a district in which such land is situated
and having its principal frontage on a street or on such other means
of access as may be determined in accordance with the provisions of
law to be adequate as a condition to the issuance of a building permit
for a building on such land.
LOT AREA
The total horizontal area included within the lot boundaries, excluding any area within any private or paper street, and limited by the requirement set forth in Article
IV, Schedules of District Regulations.
LOT, CONFORMING
A lot having not less than the minimum area and dimensions
required by this chapter for a lot in the district in which such land
is situated and having its principal frontage on a street or on such
other means of access as may be determined to be in accordance with
the provisions of § 280-a of the Town Law (Chapter 62 of
the Consolidated Laws, Article 16) as a condition of issuance of a
building permit for a building on such land.
LOT, CORNER
A lot at the junction of and fronting on two or more intersecting
streets.
LOT DEPTH
The distance from the street line of a lot to the rear lot
line, measured at the midpoint of the location of the principal building
or, if there is no such building, measured in the general direction
of the side lot lines.
LOT, LAKEFRONT ACCESS
A lot which provides lakefront access to a lake by deed,
easement, declaration, right-of-way, lease, contract or other instrument,
to lot(s) or dwelling unit(s) which are noncontiguous to said lake
and which do not otherwise have direct lakefront access to such lake
for uses including, but not limited to, docking, bathing, swimming,
fishing, and boating.
[Added 12-30-2002 by L.L. No. 11-2002]
LOT LINE
Any line bounding a lot other than a street line.
LOT, NONCONFORMING
A parcel of land owned individually and separately and separated
in ownership from any adjoining tracts of land which has a total area
or dimensions less than as prescribed in this chapter for a lot in
the district in which such land is situated.
LOT SURFACE COVERAGE
The percentage of the area of a lot covered by buildings,
parking areas, accessory structures and any other impervious materials
or surfaces.
LOT WIDTH
The distance measured along a line drawn parallel to the
front lot line at a distance equal to the minimum front setback requirement
or at the building line.
MANUFACTURING
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled or packaged
in quantity.
MARINA
A waterfront facility for the mooring, sales, storage and
servicing of recreational boats.
MINI-MALL
A group of four to six retail stores, shops or similar commercial
establishments otherwise permitted within the zoning district, but
excluding eating and drinking places, developed or intended to be
developed as a unit on one lot and constructed as a single structure
designed and built as an architectural unit which shall have associated
common facilities for off-street parking, loading and pedestrian circulation.
MOBILE HOME
A transportable single-family dwelling with a body width
exceeding eight feet or a body length exceeding 32 feet, which may
be towed on its own running gear and which may be temporarily or permanently
affixed to real estate, used for nontransient, residential purposes
and which conforms to American Standard for Installation in Mobile
Homes of Electrical, Heating and Plumbing Systems or Mobile Home Standard
for Plumbing, Heating and Electrical Systems.
MOBILE HOME COURT
Any area of land occupied by two or more mobile homes that
are used for dwelling purposes.
MODULAR HOME
A factory-fabricated, sectionalized transportable building
for dwelling purposes designed to be used by itself or to be incorporated
with similar building sections and placed on a permanent foundation
at the building site.
MOTEL
A building or group of buildings, whether detached or connected,
offering transient lodging accommodations on a fee or hire basis to
the general public including transient automobile travelers and provided
with accessory off-street parking facilities. A motel shall not constitute
an individual's or family's primary residence and shall not be construed
to be a multiple dwelling. The term "motel" includes all similar fee-
or hire-based uses offering transient lodging to the general public
and terms, such as tourist courts, motor lodges, auto courts and roadside
cabins, but shall not be construed to include mobile homes or campers.
[Amended 4-20-2015 by L.L. No. 3-2015]
MOTOR VEHICLE RENTAL AGENCY
A facility at which automobiles, trucks and trailers are
offered for rental or lease. Automotive service is limited to the
storage, cleaning, refueling and basic servicing of the vehicle, but
does not include repair.
MOTOR VEHICLE SALES DEALERSHIP
A facility engaged primarily in the sales and servicing of
a specific brand or brands of vehicle. Accessory or ancillary to sales,
the facility may also rent or lease, hold in storage for sale, service
or wash motor vehicles. The motor vehicle service facility shall be
licensed by the State of New York to service, inspect and sell motor
vehicles.
MOTOR VEHICLE SALES (USED)
The display for sale of two or more vehicles on a site at
one time or the sale or display of more than two vehicles at a site
at separate times during a one-year period. Such use shall be licensed
by New York State.
[Amended 9-23-1998 by L.L. No. 10-1998]
MOTOR VEHICLE SERVICE STATION
A building or lot or part thereof where refueling and related
services are available to the public, operated for gain, including
repair, greasing, washing, servicing, adjusting, equipping, lease
or rental of automobiles or other motor vehicles, but not including
the storing, holding or displaying of the same for sale or resale,
except as to the holding of a vehicle for not more than 60 days for
insurance appraisal purposes covering property damage claims and except
as to the holding of a vehicle for the required period to perfect
or protect a garageman's lien pursuant to statute.
MULTI-BOAT LAKEFRONT ACCESS
The use of a lakefront access lot as defined in §
185-2, lot, lakefront access for the launching or docking of boats or pedestrian or vehicular passage to berthings, moored or anchored boats or other watercraft. Use of a lot for the launching, mooring or docking of boats owned, registered and operated exclusively by a single-family residing in a dwelling unit on the lakefront access lot shall not be included within the definition and meaning of "multi-boat lakefront access."
NONCONFORMING BUILDING OR USE
A use or building, whether of a building or land or both,
which does not conform to the requirements respecting permitted uses
or coverage as set forth in this chapter for the district in which
it is situated but which lawfully existed prior to the enactment of
a zoning law or any revision or amendment thereto which would prohibit
the use and which is maintained after the effective date thereof although
it does not conform to the use or coverage regulations of the district
in which it is located.
NURSERY
An agricultural operation involving the propagation, cultivation
and sale of horticultural plants intended for exterior landscaping.
A nursery shall not be construed to mean a garden center or other
retail sales yard or a landscape contracting business.
OPEN SPACE
That area of a parcel unoccupied by structures or vehicular
facilities and open to the sky.
OPEN SPACE, COMMON
Any area of open space of a parcel that is accessible and
available to all occupants of the parcel for purpose of active or
passive outdoor recreation. Common open space shall not be construed
to mean areas within 30 feet of a principal building or within 10
feet of a roadway, parking lot or accessory building and shall not
include buffer strips or screening, slopes over 25% or wetlands.
PERSON
Any individual, firm, company, association, society, partnership,
corporation or entity capable of being sued.
PERSONAL SERVICE STORE OR USE
An establishment or use that primarily renders services to
persons rather than engaging in the sale of products, including but
not limited to barber, hairdresser, health spa, beauty, tanning, tattoo
and nail salons and parlors, shoe repair, laundry, laundromat, dry
cleaner, tailoring, dressmaking, photographic studio, pet grooming,
catering with no on-site food service, express mail/courier without
warehouse, travel agencies and businesses providing similar services.
Personal services may include, as an accessory use only, retail sales
of items related to the services being provided. Personal services
do not include professional office use or motor vehicle related services.
[Added 12-29-2014 by L.L. No. 13-2014]
PETROLEUM BULK STORAGE
A commercial facility or a facility accessory to an industrial
use for the storage or dispensing of petroleum products from one or
more tanks having a total capacity of over 1,100 gallons.
PLACE OF WORSHIP
A building wherein the conduct of religious services is the
principal use. Living accommodations and educational institutions
shall not be construed to be places of worship.
PROHIBITED USE
A use of a building, structure, lot or land, or part thereof, which is not specifically listed as a permitted use, use subject to site plan review, accessory use or special permit use. In addition (as stated in §
185-7F), any use not specifically permitted as one of the above shall be deemed to be prohibited.
PUBLIC GARAGE
An enclosed or covered storage area for vehicles which are
parked or stored by the hour, day, week or other period of time for
compensation. A public garage can also be referred to as a "parking
garage."
[Added 9-23-1998 by L.L. No. 10-1998]
PUBLIC SEWER
Any sewage disposal system approved by the Town Board as
meeting the standards required for municipal operation.
PUBLIC UTILITY PLANT
A facility for the generation or production of electricity,
gas or steam for distribution through a public utility system.
PUBLIC UTILITY STRUCTURE
A structural component of a public utility transmission or
distribution system, such as a tower, substation, manhole, transformer
or valve. A public utility structure shall not be construed to mean
a public utility plant.
PUBLIC WATER
Any water supply system approved by the Town Board as meeting
the standards required for municipal operation.
QUARRY
An excavation for the purpose of obtaining minerals, stone,
rock, gravel, sand, soil or other natural deposits which affects more
than 400 cubic yards of material within any parcel or any one subdivision
in receipt of preliminary or final approval, excluding proposed public
roads.
RECREATIONAL VEHICLE
A vehicular-type portable structure without permanent foundation
that can be towed, hauled, or driven and primarily designed as a temporary
living accommodation for recreational, camping, and travel use and
including, but not limited to, travel trailers, truck campers, camping
trailers, and self-propelled motor homes.
[Added 8-27-2008 by L.L. No. 5-2008]
RESTAURANT
An eating establishment that provides table service. A restaurant
shall not be construed to mean either an establishment that primarily
dispenses alcoholic beverages or a fast-food establishment.
SCHOOL AND COLLEGE
These categories consist of private, public and parochial
facilities that provide a curriculum of elementary and secondary academic
instruction, as well as higher education, including kindergartens;
elementary, middle, junior and senior high schools; and two-year,
four-year and advanced degree institutions. Nursery schools and day-care
facilities licensed by the state are covered under nursery schools.
All other schools, such as business, beauty or computer schools, dance
or music schools, etc., are allowed in offices, business parks or
business districts as office or service commercial uses and are regulated
as such.
SCREEN OR SCREENING
A method of shielding or obscuring one abutting or nearby
use from another use through either:
[Amended 3-5-2007 by L.L. No. 1-2007]
(1)
A strip of land at least 10 feet in width supporting
dense natural vegetative growth or with dense plantings of trees or
shrubs of such types as will provide a year-round visual barrier;
(2)
An opaque wall, fence or other visual barrier
at least six feet in height above the ground; or
(3)
Any other island, barrier, emplacement, wall,
fence, tree, planting, shrubbery or other artificial or natural dividing
strip or marker of any kind, wherever located on a parcel, that may
be conditioned or required in any building permit, certificate of
occupancy, site development plan, subdivision approval, special permit,
variance, zoning amendment or other requirement of any board, agency,
commission or official of the Town of Newburgh pursuant to this chapter.
SELF-STORAGE CENTER
A public facility for dead storage of personal, household
or business property which is serviced by the owner of the stored
property or an agent of the owner. The term "self-storage center"
includes all similar uses and terms but shall not be construed to
mean a warehouse.
SENIOR ASSISTED-CARE FACILITY
One or more structures containing individual dwelling units,
or partial units, designed and constructed for seniors and subject
to management or legal restrictions that require all units and partial
units be occupied by persons 60 years of age or older, providing long-term
residence, centralized cooking and common dining, housekeeping and
personal care and supervision as needed, to five or more adults unrelated
to the operator and who may or may not require some limited, continuing
medical care.
[Added 9-23-1998 by L.L. No. 10-1998]
SENIOR CITIZEN HOUSING
Detached single-family dwelling units, multiple-dwelling
units and senior assisted-care facilities designed and constructed
for seniors and subject to management or legal restrictions that require
all units be occupied by persons 60 years of age or older.
[Added 9-23-1998 by L.L. No. 10-1998]
SETBACK, FRONT
The distance from a building or use to the front lot line.
SETBACK, REAR
The distance from a building or use to the rear lot line.
SETBACK, SIDE
The distance from a building or use to the side lot line.
SHOPPING CENTER
A group of stores, shops or similar commercial establishments
otherwise permitted within the zoning district, including eating and
drinking places, developed or intended to be developed as a unit on
one lot, which may be constructed as a single structure or adjoining
structures or neighboring structures but which shall be designed and
built as an architectural unit and shall have associated facilities
for off-street parking, loading and pedestrian circulation. New York
State Gaming Commission and New York State Lottery licensed video
lottery gaming facilities shall be considered a similar commercial
establishment in shopping centers having in excess of 500 parking
spaces within the IB District. A shopping center shall be designed
to be operated and maintained as a unit, in single ownership and/or
control, sharing certain facilities in common, such as open space,
yards and off-street parking and loading facilities.
[Amended 5-24-2021 by L.L. No. 1-2021]
SHRUB
A self-supporting woody perennial plant of low to medium
height characterized by multiple stems and branches continuous from
the base, usually not more than 10 feet in height at its maturity.
[Added 3-5-2007 by L.L. No. 1-2007]
SIGHT DISTANCE
The length of a continuous straight-line view along a street,
measured from a point three feet six inches above the ground (eye
level of a driver) at the position of the viewer to a point where
a vehicle four feet three inches high protrudes six inches above the
street's horizon (the limit of view along the street).
SIGN
Any letter, word, model, reproduction, banner, pennant, insignia,
trade flag, device or representation used as, or which is in the nature
of, an advertisement, attraction or directive.
SIGN AREA
Includes all faces of a sign measured as follows:
(1)
When such sign is on a plate or framed or outlined,
all of the area of such plate or the area enclosed by such frame or
outline shall be included.
(2)
When such sign consists only of letters, designs
or figures engraved, painted or projected or in any manner affixed
on a wall, the total area of such sign shall be considered to be that
area of the smallest basic geometric shape (rectangle, circle or triangle)
which encompasses all of the letters or symbols of the sign.
SITE PLAN
A plan which shows the proposed development and use of land situated within the Town of Newburgh and which shall consist of a map affirmatively demonstrating compliance with and adequate provision for all of the criteria, matters and items listed in Article
IX herein.
SITE PLAN APPROVAL, USE REQUIRING
A use which requires, prior to the issuance of a building
permit or certificate of occupancy, a review process within which
the Planning Board evaluates, considers and acts upon a site plan,
including the compliance with all the requirements and conditions
necessary for the proper enforcement of this chapter.
SLOPE
The vertical distance, in feet, between the highest elevation
of a lot or development and the lowest elevation of a lot or development,
divided by the horizontal difference between these two elevations,
in feet.
[Added 11-1-2010 by L.L. No. 8-2010]
SOUND BARRIER OR BARRIER
Any solid obstacle which is relatively opaque to sound and
that blocks the line of sight from the sound source to the receiver.
It may be erected specifically to reduce noise, for example: solid
fences, berms, or walls.
[Added 3-5-2007 by L.L. No. 1-2007]
SPECIAL PERMIT USE
A use which because of its unique characteristics requires
individual consideration through a special review process by the Planning
Board as established by § 274-a of the Town Law of the State
of New York or through a special review process by the Zoning Board
of Appeals as established by § 267 of the Town Law. Such
a use may require the meeting of certain conditions and safeguards
before being permitted.
STEEP SLOPE
A contiguous area of at least 5,000 square feet containing
a slope with a topographical gradient equal to or greater than 25%.
[Added 11-1-2010 by L.L. No. 8-2010]
STREET
A public or private way which affords principal means of
access to abutting properties.
STREET LINE
The dividing line between a lot and a street.
STREET OR ROAD FRONTAGE
The distance along the property line of a lot at the street
line measured between adjacent lots. Lot frontage shall be measured
along the same line and shall not be confused with lot width.
[Added 9-23-1998 by L.L. No. 10-1998]
STRIPPING OF LAND
The removal of vegetation, topsoil or subsoil from an area
exceeding 10,000 square feet or 10% of a lot, whichever is less.
STRUCTURE
Anything which is constructed or erected which requires a
location on the land or attachment to something having such location,
including but not limited to the following:
(3)
Walls, other than those less than four feet
high.
(4)
Radio and television antennas, except for such
antennas installed on the roof of the building.
(5)
Pergolas, porches, outdoor bins, toolsheds,
carports, equipment and storage buildings or sheds, swimming pools,
swimming pool filter pads, tennis courts, doghouses or sheds, and
children's tree houses, clubhouses, dollhouses and playhouses and
structures all of which are over 10 feet in height.
[Amended 9-23-1998 by L.L. No. 10-1998]
(6)
Tents, lunch wagons, trailers, dining cars or
similar structures on wheels or other supports used for business or
living purposes.
(7)
The term "structure" shall also include "building."
STRUCTURE, TEMPORARY
One erected, constructed or placed upon the premises to exist
there for a brief or temporary duration of time, not exceeding one
year. All other structures shall be deemed and considered permanent
for the purposes of this chapter.
SUBSTANCE ABUSE REHABILITATION HOME
A dwelling unit that provides a supervised residence and
a therapeutic environment for four to 14 individuals for a period
not to exceed 28 days for any one individual and that is subject to
licensing by the State Division of Substance Abuse Services.
TRAILER, CAMPING
Any unit designed for temporary living purposes on a public
or private campsite or as an accessory to such living purposes, with
one or more wheels, designed to be hauled by a private motor vehicle
or constructed as an integral part thereof. Such units shall not be
provided with water and sewer connections for year-round use.
TRAVEL CENTER
An integrated facility providing a range of services primarily for private passenger, business and commercial users of the interstate highway system. Services provided shall include, at a minimum, sale of prepared foods for on-premises or off-premises consumption, restrooms and fuel service. Additional services may include those such as the following: business services such as telephone, FAX and computer terminal access, tourist information, sale of convenience items, showers and related personal convenience facilities, truck and car wash and lubrication facilities and overnight lodging accommodations. All components of a travel center are regulated solely under the provisions of §
185-48.1 of this Zoning Chapter as herein enacted and not by any of the separate regulatory provisions of this Zoning Chapter governing a restaurant, fast-food establishment, motel, motor vehicle service station, convenience store or any other type of commercial establishment.
[Added 7-15-1996 by L.L. No. 3-1996]
TREE
A living woody plant with an erect perennial trunk and a
definitely formed crown of foliage.
[Added 3-5-2007 by L.L. No. 1-2007]
USABLE AREA
The area of a lot that is suitable for development of single-family
residences, multiple dwellings and/or townhouses. The usable area
of the site shall not include all or a percentage of those portions
of the site that are covered by DEC-regulated water bodies, protected
wetlands, steep slopes, one-hundred-year floodplains, areas subject
to tidal inundation, rights-of-way of existing public or private roads
and utility easements that would prevent use or development of the
underlying land in any manner.
[Amended 11-1-2010 by L.L. No. 8-2010]
USE
The specific purpose for which land or a building is used
or occupied or maintained.
VETERINARIAN OFFICE
Any office operated by a duly licensed veterinarian which
provides for the medical care of domestic animals, including attendant
services such as boarding, grooming, or breeding so long as all activities
associated with such use are accomplished within an enclosed and suitably
ventilated building.
[Added 1-20-2009 by L.L. No. 2-2009]
VIDEO LOTTERY GAMING
Any lottery game played on a video lottery terminal that
consists of multiple players competing for a chance to win a randomly
drawn prize. A video lottery terminal (may be referred to as VLT)
means a video display terminal in which currency or credits are deposited
and a selection is made by the player in order to purchase video lottery
gaming tickets.
VIDEO LOTTERY GAMING FACILITY
The physical area and amenities where licensed video lottery
gaming and related activities are conducted. Related activities shall
include drink service for on-premises consumption, food service, wait
staff service, live entertainment and similar activities.
WAREHOUSE
A building or group of buildings used for storage or storage
and distribution by one or more commercial or business interests and
not open to the public. A warehouse shall not be construed to mean
a self-storage center.
WETLAND, PROTECTED
An area subject to continued marginal inundation or saturation
of soil such that it contains specific indicator vegetation types
as defined on a map prepared by the New York State Department of Environmental
Conservation (DEC) in March 1987, and as subsequently amended by the
DEC, and all land within 100 feet of such wetland boundary; or all
lands subject to federal wetland regulation or jurisdiction; and either
federal or state land which has not been granted a permit for development
by either the federal or state agency(ies) having jurisdiction.
WHEELCHAIR RAMP
An inclined ramp providing an accessible route of travel
for people who are wheelchair users or have an ambulant disability
from an entrance to the building interior to the exterior at grade
level.
[Added 4-5-2004 by L.L. No. 2-2004]
YARD, MINIMUM REQUIRED FRONT
An unoccupied ground area fully open to the sky between the street line and a line drawn parallel thereto at the distance specified in Article
IV, Schedules of District Regulations, of this chapter.
YARD, MINIMUM REQUIRED REAR
An unoccupied ground area fully open to the sky extending the full width of the lot between the building and the rear line of the lot and a line drawn parallel thereto at the distance specified in Article
IV, Schedules of District Regulations, of this chapter.
YARD, MINIMUM REQUIRED SIDE
An unoccupied ground area fully open to the sky between any property line other than a street or rear lot line and a line drawn parallel thereto at the minimum distance specified in Article
IV, Schedules of District Regulations, of this chapter, or at a greater distance necessary to meet the minimum lot width as specified in §
185-9.
Sketch A
Graphic Depiction of Yards and Setbacks
For illustrative purposes only. See Bulk Chart
for minimum yard and setback requirements applicable to specific zoning
district.
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