[Amended 8-11-1993 by L.L. No. 1-1993; 4-21-2008 by L.L. No. 2-2008; 8-27-2008 by L.L. No. 5-2008; 6-7-2010 by L.L. No. 4-2010]
The Town of Newburgh is hereby divided into the following eight basic zoning districts and six overlay districts:
RR
Reservoir Residence District
AR
Agricultural Residence District
R-1
Residence District
R-2
Residence District
R-3
Residence District
B
Business District
IB
Interchange Business District
I
Industrial Business District
Overlay Districts
A
Airport
O
Professional Office Overlay
E
Education Facility Overlay District
MT
Marina Townhome Overlay District
LHI
Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay District
SC
Route 9W Self-Storage Center Overlay District
[Amended 3-6-2006 by L.L. No. 3-2006; 4-11-2022 by L.L. No. 1-2022]
The boundaries of said districts hereby established are shown on the August 19, 1974, Zoning Map, Town of Newburgh, as last amended by Local Law No. 1 of the Year 2022, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. The exact location of each zoning district boundary is recorded on an Official Zoning Map in the office of the Town Clerk in accordance with § 264 of Town Law.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
A. 
General. Unless otherwise shown, the district boundaries shall coincide with property lot lines, center lines of streets, alleys, highways, waterways and railroad and utility rights-of-way or such lines extended, as shown on the Map of the Town of Newburgh, New York, as originally prepared by the Orange County Planning Department in 1971 and updated by Garling Associates in April 1989, and which map was used as the basis for the Zoning Map.
B. 
Property lines of public lands. Where such boundary lines are indicated as approximately following the boundary lines of publicly owned lands, such lines shall be construed to be such boundaries.
C. 
Measurements. Measurements stated on the Zoning Map are perpendicular or radial distances from street lines measured to the district boundary line, which in all cases where distances are given are parallel to the street line.
D. 
Division of existing lot. Where a district boundary divides a lot in single ownership, the regulations for either portion of the lot may, at the owner's discretion, be extended up to 30 feet beyond the boundary line of the district.
E. 
Use of scale. In all other cases where dimensions are not shown on the map, the location of the district boundaries shown on the map shall be determined by the use of a scale on the Official Zoning Map with zoning district boundaries superimposed and maintained by the Town Clerk.
F. 
Multiple uses. Multiple uses shall be permitted on a single lot, provided that they receive site plan approval from the Planning Board in accordance with all required regulations of Article VI, Supplementary Regulations Applicable to Certain Uses (if applicable), and Article IX, Site Plan Review.
A. 
Compliance with regulations. No building, structure or land shall hereafter be used or occupied and no building or structure or part thereof shall hereafter be erected, moved, altered, rebuilt or enlarged except in conformity with the regulations herein specified for the district in which it is located.
B. 
Yards or open space. No yard or open space required in connection with any building or use shall be considered as providing required open space for any other building or use on the same or any other lot.
C. 
Reduction of yards or lots. No yard or lot existing at the time of enactment of this chapter shall be reduced in size or area below the minimum requirements set forth herein. Yards or lots created after the effective date of this chapter shall meet the minimum requirements established by this chapter.
D. 
Interpretation of regulations. Within such district, the regulations set forth by this chapter shall be minimum regulations and shall apply uniformly to each kind of structure or land.
E. 
Permits issued before adoption of this chapter. Nothing contained in this chapter shall be construed as changing the plans or uses of present buildings or the construction, use or occupation of any building for which a building permit or variance has heretofore been issued according to law and the construction of which shall have been diligently prosecuted within six months of the date of the permit or variance and which entire building shall have been completed within one year from the effective date of this chapter.
F. 
Unspecified uses. Any use not specifically permitted shall be deemed to be prohibited.
G. 
Existing lots of record. Existing lots of record existing or approved prior to the amendment of September 1998 will not have to meet new lot area and lot width requirements.
[Added 9-23-1998 by L.L. No. 10-1998]
Several regulations found in this chapter or elsewhere in state or federal regulations impact the use and development of land in the Town of Newburgh. These regulations are described or spelled out in this section.
A. 
O Professional Office Overlay District. This district, shown on the Zoning Map with an O, is an overlay of various residential areas which are considered to be areas in transition from residential to commercial use. The residential uses are to be allowed and encouraged while office uses which have limited impact on residential uses and areas are encouraged. This is particularly true for areas along certain major roads.
B. 
A Airport Overlay District.
(1) 
Federal Aviation Administration (FAA) Part 77 Regulations require certain height limits around all airports. These regulations vary based upon the size and rolls of the airport and the type of landing systems in place for each runway. The overlay shown on the Zoning Map which accompanies and which with all explanatory material thereon is hereby adopted and made a part of this chapter[1] reflects the current status of FAA regulations for Stewart Airport and its runways.
[1]
Editor's Note: The Zoning Map is included in a pocket at the end of this volume.
(2) 
Within the borders of the A Airport Overlay District established herewith, all uses are permitted as indicated for the districts in which these uses are located as shown on the Schedules of District Regulations which comprise Article IV, except as follows:
(a) 
Whenever an application is made for a variance, building permit or site plan within the Airport Overlay District, the application shall include a site survey with accurate elevations based on United States Geological Survey datum for all areas of a site where structures are proposed.
(b) 
All structures and appurtenances shall remain below the height limitations shown on the Zoning Map. Any intrusion into such airspaces will require approval by the FAA before a permit or approval can be issued by any Town agency or official. Any approval granted shall include conditions, if any, required by the FAA.
C. 
Floodplain areas. The Federal Emergency Management Agency (FEMA) has provided for floodplains throughout the Town of Newburgh along various waterways in all zoning districts. These areas are regulated by FEMA, § 185-22A of this chapter and Chapter 109, Flood Damage Prevention, of the Code of the Town of Newburgh and are shown on separate FEMA maps.
D. 
Wetlands. Wetlands as regulated by the New York State Department of Environmental Conservation (DEC) and mapped by the DEC and all federal wetlands regulated by the Environmental Protection Agency (EPA) and United States Army Corps of Engineers (Corps) and discussed in § 185-22B of this chapter.
E. 
County agricultural districts. Agricultural districts are scattered in various areas of the Town of Newburgh and regulated by Orange County and state legislation. All uses are permitted in these areas as indicated for the districts in which the uses are located as shown in the Schedules of District Regulations which comprise Article IV. However, any proposed use is subject to more stringent environmental review pursuant to the provisions of the State Environmental Quality Review Act[2] and the regulations promulgated thereunder and other possible limitations associated with the county agricultural district regulations. These districts are not zoning districts.
[2]
Editor's Note: See Environmental Conservation Law § 8-0101 et seq.
F. 
Education Facility Overlay District. Notwithstanding anything to the contrary, there is hereby created an Education Facility Overlay Zoning District. The boundaries of said district conform to and are contiguous with the R1 Zoning District boundaries. Within the boundary of said district, education facility use by schools and colleges, as defined by this chapter, may be approved by the Planning Board only after site plan review in accordance with Article IX of this chapter, subject to the conditions and restrictions set forth therein Said overlay district shall only apply to a site with a minimum area of 10 acres.
[Added 8-11-1993 by L.L. No. 1-1993]
G. 
Marina Townhome Overlay District. There is hereby established a Marina Townhome Overlay District. The overlay district, designated on the Zoning Map by an "MT," is an overlay of certain areas of the R-1 Residence District, and the I Industrial Business District, along the Hudson River. Marinas are permitted subject to site plan review by the Planning Board in the R-1 and I Districts. In the MT Overlay District, townhomes are permitted as an accessory use to a marina subject to certain conditions and restrictions set forth in § 185-34B(3). For purposes of the MT Overlay District regulations, "townhomes" shall mean single-family dwelling units constructed in a group of three or more attached units in which either each unit extends from the foundation to the roof and with open space on at least two sides, or is designed in such other configuration as is approved by the Architectural Review Board and complies with applicable building codes, rules and regulations.
[Added 4-21-2008 by L.L. No. 2-2008]
H. 
LHI Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay District. There is hereby created a Light and Heavy Industrial Equipment and Recreational Vehicle Sales, Service and Repair Overlay District. The boundaries of said district conform to and are contiguous with the B Business zoning district boundaries along the Route 9W Corridor. The purpose of this district is to establish clear guidelines for future development along the Route 9W Corridor in the context of vehicular and industrial equipment sales, service and repair. An area in the southwest section of the Town contiguous with the boundaries of the IB Interchange Business zoning district at the Interstate 84 and New York State Route 747 interchange 5A and bounding on the Town of Montgomery is also included in said district, as it is deemed similarly suited for vehicular and industrial equipment sales, service and repair as is the Route 9W corridor, particularly in light of the conversion of this former section of Drury Lane to a state highway.
[Added 8-27-2008 by L.L. No. 5-2008; amended 2-11-2015 by L.L. No. 1-2015]
I. 
SC Route 9W Self-Storage Center Overlay District. There is hereby created a Route 9W Self-Storage Center Overlay District. The boundaries of said district are as follows:
[Added 6-7-2010 by L.L. No. 4-2010]
(1) 
The boundary along Route 9W is the intersection of Oak Street to the north and Highland Avenue to the south. To the extent that the streets do not cross the highways, the property boundaries which most closely continue the perpendicular line across the B District are used. The east and west boundaries are the limits of the B District between the intersections stated.