Newburgh City Zoning Code

RESIDENCE DISTRICTS

§ 157.115 GENERAL PROVISIONS.

(A) Permitted uses. Permitted uses of land or buildings, as hereinafter listed, shall be permitted in the districts indicated under the conditions indicated. No building or tract of land shall be devoted to any use other than a use permitted hereinafter in the zoning district in which such building or tract of land shall be located, with the exception of the following:

(1) Uses lawfully established on the effective date of this chapter;

(2) Conditional uses, allowed in accordance with the provisions of division (B) below.

(a) Uses already established on the effective date of this chapter and rendered nonconforming by the provisions hereof, shall be subject to the regulations of § 157.085.

(b) Home occupations and uses which are accessory to permitted uses shall be permitted in all residential districts. Uses which are accessory to special uses may be permitted when approved as part of the special use, or when the Plan Commission finds they are not an expansion of an approved special use.

(B) Conditional uses.

(1) Conditional uses, as hereinafter listed, may be allowed in the zoning districts indicated, subject to review by the Board of Zoning Appeals for approval in accordance with the provisions of § 157.050. Unless otherwise specifically set forth, whenever a conditional use is named as a major category in this section, it shall be deemed to include all and only those itemized uses listed under the said category.

(2) The Zoning Administrator may allow land uses (permitted or conditional) which, though not contained by name in the zoning district list of permitted uses, are deemed to be clearly similar in nature to the listed uses.

(C) Accessory structures. Permitted accessory structures shall include accessory buildings customarily incidental to the above uses, including a private garage or private parking area, but not involving the conduct of a business. Any accessory building that is not a part of the main structure shall not exceed 14 feet in height, shall be located not less than 60 feet from the front lot line, at least ten feet from any dwelling situated on the same lot and at least six feet from any other building or accessory building on the lot. Accessory buildings must be located in the rear yard. Such accessory buildings shall not be nearer than three feet to any side or rear lot line, nor nearer than five feet to any alley abutting the rear of the lot where the doors open to the alley. A private garage is permitted up to and including a maximum size of 26 feet by 42 feet.

(D) Lot size requirements. Lot size requirements shall be as specified under each zoning district. In addition, no use shall be established or hereafter maintained on a lot recorded after the effective date of this chapter, which is of less area or less width than prescribed hereinafter for such use in the zoning district in which it is to be located.

(E) Yard requirements.

(1) Yard requirements shall be set forth under each zoning district. Front, side and rear yards shall be provided in accordance with the regulations hereinafter indicated and shall be unobstructed from the ground level to the sky unless otherwise provided herein.

(2) All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, unless otherwise indicated.

(3) The rear yard requirement for a through-lot shall be the same as the requirement for the front yard, for the particular district in which it is located.

(4) In residential developments containing three or more units, the yard requirements may be waived in order to encourage innovative design, including cluster development and the zero lot line concept, and to provide for such housing types as the atrium or patio house. Such waiver may be obtained through planned unit development procedures under the special use provisions, as provided within each residential district.

(F) Building bulk (volume) limitations. Building bulk limitations shall be expressed in terms of minimum yard requirements and maximum building height. All structures must comply with the building height limitations prescribed in the zoning districts.

(G) Signs. Signs shall be allowed in residence districts in accordance with the regulations established in §§ 157.195 through 157.218 .

(H) Off-street parking and loading. In no instance shall parking be provided in the front yard of a residence, other than on a driveway. Off-street parking and loading facilities, accessory to uses allowed in residence districts, shall be provided in accordance with the regulations established in §§ 157.180 through 157.183.

(I) Landscaping and screening. Landscaping, other than one- and two-family dwellings, and screening shall be required in residence districts in accordance with the regulations established in this chapter.

(J) Overlay districts. In addition, the provisions of the following overlay districts may apply to new development in the residence districts: Town Core District and Highway Commercial District.

(K) Plan review in residential districts. All development in the R3 to Core Residence Districts shall be subject to site plan review, as provided for in § 157.039.

(Ord. 1997-1, § 130.6(A), passed 1-22-1997)

§ 157.116 A1 AGRICULTURAL DISTRICT.

(A) Purpose statement. The A1 Agricultural District is designed for agricultural uses on lands primarily in the outlying areas of the town, prior to development of those areas into subdivisions. When subdividing occurs, it is expected that these areas will be rezoned to a class other than agricultural, in keeping with the general plan of that portion of the town.

(B) Permitted uses. The following uses are permitted in the A1 District:

(1) Accessory uses;

(2) Child care home;

(3) Crop cultivation, farming;

(4) Gardening, including truck farming;

(5) Greenhouses;

(6) Household farm dwellings, up to two single;

(7) Nurseries, plant materials;

(8) Orchards; and

(9) Roadside stands for the sale of farm grown produce.

(1) Bed and breakfasts;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Convents, monasteries, seminaries;

(5) Day care centers;

(6) Elderly housing;

(7) Golf, tennis, outdoor recreation;

(8) Home occupations;

(9) Public safety buildings;

(10) Public, private schools, parks, playgrounds;

(11) Quasi-public uses, retreat house, conference center; and

(12) Retail-nurseries, lawn, garden.

(D) Lot size requirements minimum lot area. All lots shall be ten acres.

(E) Yard requirements. No buildings except roadside stands shall be constructed within 50 feet of any property line.

(F) Building height limitations. Single-household dwellings and accessory structures shall not exceed 35 feet in height. Barns, sheds and silos, shall not exceed 60 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(B), passed 1-22-1997)

§ 157.117 RL LARGE LOT RESIDENCE DISTRICT.

(A) Purpose statement. The RL Large Lot District is intended to accommodate low density residential uses of a semi-rural character. This district is located in areas of existing large-lot development and/or in areas of natural beauty where maximum open space preservation is desired. The density shall not exceed one dwelling unit per one acre.

(B) Permitted uses. The following uses are permitted in the RL District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as follows:

(a) Garages and carports. Garage dimensions shall not exceed 26 feet by 42 feet;

(b) Gardens, private;

(d) Home occupations as set forth in § 157.070;

(e) Swimming pools and tennis courts, private (noncommercial);

(f) Toolhouses, sheds and other similar buildings for the storage of domestic supplies;

(g) Temporary storage of building materials and equipment for on-site construction for a period not to exceed the duration of such construction;

(h) Temporary real estate tract offices; for the sole purpose of conducting the sale of lots of the tracts upon which such tract office is located, for a period not to exceed the duration of such sales;

(i) Temporary storage of boats, campers, other types of recreational vehicles and firewood allowed, but prohibited in the area located between the front building setback line and the corresponding street property line; and

(j) Miscellaneous accessory structures including, but not limited to, satellite receiving dishes and play houses.

(2) Single-household detached dwellings.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Crop cultivation;

(5) Home occupations;

(6) Public safety buildings;

(7) Public and private schools, parks, playgrounds; and

(8) Quasi-public uses, retreat house, conference center.

(D) Lot size requirements minimum lot area. One acre.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	50 ft.	20 ft.	30 ft.	3 ft.
Single-household detached dwellings	50 ft.	20 ft*	50 ft.	50 ft.
* Plus one foot for each 2 feet by which the building height exceeds 25 feet

(F) Building height limitations. No building or other structure erected within the RL District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(C), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.118 R1 SINGLE-HOUSEHOLD RESIDENCE DISTRICT.

(A) Purpose statement. The R1 Single-Household Residence District is intended to provide for residences at a density greater than estate development consistent with conventional suburban subdivisions and to protect these areas from the encroachment of incompatible uses.

(B) Permitted uses. The following uses are permitted in the R1 District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071; and

(2) Single-household detached dwellings.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Home occupations;

(5) Public safety buildings; and

(6) Public, private schools, parks, playgrounds.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
14,520 sq. ft.	75 ft., 100 ft. on corner lots

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	35 ft.	3 ft.	15 ft.	3 ft.
Single-household detached dwellings	35 ft.*	3 ft.**	15 ft.	25 ft.
* Or the average setback of the 2 adjoining structures, whichever is greater
** A total of 30 feet for the two yards combined; plus 1 foot for each 2 feet by which the building height exceeds 35 feet

(F) Building height limitations. No building or other structure erected within the R1 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(D), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001; Ord. 2017-12, passed 11-21- 2017)

§ 157.119 R2 SINGLE-HOUSEHOLD RESIDENCE DISTRICT.

(A) Purpose statement. The R2 Household Residence District is intended to provide single-household residences with moderate sized lots, and to encourage efficient site arrangement through cluster and zero lot line arrangements. The density shall not exceed six dwelling units per acre.

(B) Uses. The following uses are permitted in the R2 District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071;

(2) Duplexes, up to four-plexes only, at the time of planing and no conversions are allowed after platting;

(3) Single-household detached dwellings; and

(4) The owner of a single-family residence may lease any portion of that residence not to exceed 50% of the total living area for an additional dwelling unit; provided, however, the owner continues to reside in the residence.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Child care facilities;

(4) Churches, temples, synagogues;

(5) Congregate housing;

(6) Convents, monasteries, seminaries;

(7) Day care centers;

(8) Elderly housing;

(9) Family care facilities;

(10) Group care facilities, six or more residents;

(11) Public safety buildings;

(12) Public, private schools, parks, playgrounds; and

(13) Lodges and fraternal organizations.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
7,260 sq. ft.	65 ft., 85 ft. on corner lots

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	25 ft.	6 ft.	10 ft.	3 ft.
Single-household detached dwellings	25 ft.**	6 ft*	10 ft.	25 ft.
* A total of 20 feet for the two yards combined, plus 1 foot for each 2 feet by which the building height exceeds 25 feet
** Or the average setback of two adjacent structures, whichever is greater

(F) Building height limitations. No building or other structure erected within the R2 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(E), passed 1-22-1997; Ord. 2003-28, passed 10-8-2003; Ord. 2017-12, passed 11-21-2017)

§ 157.120 R3 MEDIUM DENSITY RESIDENCE DISTRICT.

(A) Purpose statement. The R3 Medium Density Residence District is primarily designed to provide for medium density housing in a setting which permits a wide variety of housing types and densities with effective use of open space. The density shall not exceed ten gross dwelling units per acre.

(B) Permitted uses. The following uses are permitted in the R3 District;

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 150.071;

(2) Child care facilities;

(3) Family care facilities;

(4) Group care facilities;

(5) Single and two household detached dwellings; and

(6) Condominium units not exceeding six units per building.

(1) Bed and breakfasts;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Congregate housing;

(5) Convents, monasteries, seminaries;

(6) Day care centers;

(7) Elderly housing;

(8) Golf, tennis, outdoor recreation;

(9) Public safety buildings; and

(10) Public, private schools, parks, playgrounds.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
4,356 sq. ft.	33 ft.
3,000 sq. ft. per d.u.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	15 ft.	4 ft.	8 ft.	3 ft.
Principal structure	15 ft.*	4 ft.**	8 ft.	25 ft.
* Or the average setback of adjacent structures, whichever is greater
** Or a total of 20% of the frontage, whichever is less, plus 1 foot for each 2 feet by which the building height exceeds 25 feet

(F) Building height limitations. No building or other structure erected within the R3 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(F), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.121 R4 MULTI-HOUSEHOLD RESIDENCE DISTRICT.

(A) Purpose statement. The R4 Multi-Household Residence District is intended to provide for a mixture of residential dwelling types and to allow other selected uses that are compatible with the district’s residential character. The density will not exceed 15 gross dwelling units per acre.

(B) Permitted uses. The following uses are permitted in the R4 Districts:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071;

(2) Child care facilities;

(3) Duplexes;

(4) Family care facilities;

(5) Group care facilities;

(6) Multi-household dwellings;

(7) Single-household attached dwellings; and

(8) Single-household detached dwellings.

(1) Alcohol abuse treatment;

(2) Cemeteries;

(3) Children’s home;

(4) Churches, temples, synagogues;

(5) Congregate housing;

(6) Convents, monasteries, seminaries;

(7) Day care centers;

(8) Drug rehabilitation treatment;

(9) Elderly housing;

(10) Golf, tennis, outdoor recreation;

(11) Government, cultural, library, municipal, museum;

(12) Halfway houses;

(13) Libraries;

(14) Nursing homes;

(15) Public safety buildings;

(16) Public, private schools, parks, playgrounds; and

(17) Mobile home parks.

(D) Lot size requirements.

Minimum lot size	7,500 sq. ft.
Minimum lot area per dwelling unit	2,900 sq. ft.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	30 ft.	10 ft.	12 ft.	3 ft.
Principal structure	30 ft.*	10 ft.**	12 ft.**	25 ft.
Transitional buffer yard adjacent to single-household	—	10% of lot width	—	10% of lot width
* Or the average of the 2 adjacent structures, whichever is least
** Or a combined 20% of the lot frontage, whichever is least
Minimum 19 ft., maximum 25 ft.
This yard may be observed only when no other lots with frontage on this street have, or have the ability to have, a building frontage on this street

(F) Building bulk limitations. No building or other structure erected within the R4 District will exceed 45 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(G), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017; Ord. 2017-17, passed 12- 27-2017)

Newburgh City Zoning Code

RESIDENCE DISTRICTS

§ 157.115 GENERAL PROVISIONS.

(1) Uses lawfully established on the effective date of this chapter;

(2) Conditional uses, allowed in accordance with the provisions of division (B) below.

(a) Uses already established on the effective date of this chapter and rendered nonconforming by the provisions hereof, shall be subject to the regulations of § 157.085.

(B) Conditional uses.

(E) Yard requirements.

(2) All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, unless otherwise indicated.

(3) The rear yard requirement for a through-lot shall be the same as the requirement for the front yard, for the particular district in which it is located.

(G) Signs. Signs shall be allowed in residence districts in accordance with the regulations established in §§ 157.195 through 157.218 .

(J) Overlay districts. In addition, the provisions of the following overlay districts may apply to new development in the residence districts: Town Core District and Highway Commercial District.

(K) Plan review in residential districts. All development in the R3 to Core Residence Districts shall be subject to site plan review, as provided for in § 157.039.

(Ord. 1997-1, § 130.6(A), passed 1-22-1997)

§ 157.116 A1 AGRICULTURAL DISTRICT.

(B) Permitted uses. The following uses are permitted in the A1 District:

(1) Accessory uses;

(2) Child care home;

(3) Crop cultivation, farming;

(4) Gardening, including truck farming;

(5) Greenhouses;

(6) Household farm dwellings, up to two single;

(7) Nurseries, plant materials;

(8) Orchards; and

(9) Roadside stands for the sale of farm grown produce.

(1) Bed and breakfasts;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Convents, monasteries, seminaries;

(5) Day care centers;

(6) Elderly housing;

(7) Golf, tennis, outdoor recreation;

(8) Home occupations;

(9) Public safety buildings;

(10) Public, private schools, parks, playgrounds;

(11) Quasi-public uses, retreat house, conference center; and

(12) Retail-nurseries, lawn, garden.

(D) Lot size requirements minimum lot area. All lots shall be ten acres.

(E) Yard requirements. No buildings except roadside stands shall be constructed within 50 feet of any property line.

(F) Building height limitations. Single-household dwellings and accessory structures shall not exceed 35 feet in height. Barns, sheds and silos, shall not exceed 60 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(B), passed 1-22-1997)

§ 157.117 RL LARGE LOT RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the RL District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as follows:

(a) Garages and carports. Garage dimensions shall not exceed 26 feet by 42 feet;

(b) Gardens, private;

(d) Home occupations as set forth in § 157.070;

(e) Swimming pools and tennis courts, private (noncommercial);

(f) Toolhouses, sheds and other similar buildings for the storage of domestic supplies;

(g) Temporary storage of building materials and equipment for on-site construction for a period not to exceed the duration of such construction;

(j) Miscellaneous accessory structures including, but not limited to, satellite receiving dishes and play houses.

(2) Single-household detached dwellings.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Crop cultivation;

(5) Home occupations;

(6) Public safety buildings;

(7) Public and private schools, parks, playgrounds; and

(8) Quasi-public uses, retreat house, conference center.

(D) Lot size requirements minimum lot area. One acre.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	50 ft.	20 ft.	30 ft.	3 ft.
Single-household detached dwellings	50 ft.	20 ft*	50 ft.	50 ft.
* Plus one foot for each 2 feet by which the building height exceeds 25 feet

(F) Building height limitations. No building or other structure erected within the RL District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(C), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.118 R1 SINGLE-HOUSEHOLD RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the R1 District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071; and

(2) Single-household detached dwellings.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Home occupations;

(5) Public safety buildings; and

(6) Public, private schools, parks, playgrounds.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
14,520 sq. ft.	75 ft., 100 ft. on corner lots

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	35 ft.	3 ft.	15 ft.	3 ft.
Single-household detached dwellings	35 ft.*	3 ft.**	15 ft.	25 ft.
* Or the average setback of the 2 adjoining structures, whichever is greater
** A total of 30 feet for the two yards combined; plus 1 foot for each 2 feet by which the building height exceeds 35 feet

(F) Building height limitations. No building or other structure erected within the R1 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(D), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001; Ord. 2017-12, passed 11-21- 2017)

§ 157.119 R2 SINGLE-HOUSEHOLD RESIDENCE DISTRICT.

(B) Uses. The following uses are permitted in the R2 District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071;

(2) Duplexes, up to four-plexes only, at the time of planing and no conversions are allowed after platting;

(3) Single-household detached dwellings; and

(1) Bed and breakfast;

(2) Cemeteries;

(3) Child care facilities;

(4) Churches, temples, synagogues;

(5) Congregate housing;

(6) Convents, monasteries, seminaries;

(7) Day care centers;

(8) Elderly housing;

(9) Family care facilities;

(10) Group care facilities, six or more residents;

(11) Public safety buildings;

(12) Public, private schools, parks, playgrounds; and

(13) Lodges and fraternal organizations.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
7,260 sq. ft.	65 ft., 85 ft. on corner lots

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	25 ft.	6 ft.	10 ft.	3 ft.
Single-household detached dwellings	25 ft.**	6 ft*	10 ft.	25 ft.
* A total of 20 feet for the two yards combined, plus 1 foot for each 2 feet by which the building height exceeds 25 feet
** Or the average setback of two adjacent structures, whichever is greater

(F) Building height limitations. No building or other structure erected within the R2 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(E), passed 1-22-1997; Ord. 2003-28, passed 10-8-2003; Ord. 2017-12, passed 11-21-2017)

§ 157.120 R3 MEDIUM DENSITY RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the R3 District;

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 150.071;

(2) Child care facilities;

(3) Family care facilities;

(4) Group care facilities;

(5) Single and two household detached dwellings; and

(6) Condominium units not exceeding six units per building.

(1) Bed and breakfasts;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Congregate housing;

(5) Convents, monasteries, seminaries;

(6) Day care centers;

(7) Elderly housing;

(8) Golf, tennis, outdoor recreation;

(9) Public safety buildings; and

(10) Public, private schools, parks, playgrounds.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
4,356 sq. ft.	33 ft.
3,000 sq. ft. per d.u.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	15 ft.	4 ft.	8 ft.	3 ft.
Principal structure	15 ft.*	4 ft.**	8 ft.	25 ft.
* Or the average setback of adjacent structures, whichever is greater
** Or a total of 20% of the frontage, whichever is less, plus 1 foot for each 2 feet by which the building height exceeds 25 feet

(F) Building height limitations. No building or other structure erected within the R3 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(F), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.121 R4 MULTI-HOUSEHOLD RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the R4 Districts:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071;

(2) Child care facilities;

(3) Duplexes;

(4) Family care facilities;

(5) Group care facilities;

(6) Multi-household dwellings;

(7) Single-household attached dwellings; and

(8) Single-household detached dwellings.

(1) Alcohol abuse treatment;

(2) Cemeteries;

(3) Children’s home;

(4) Churches, temples, synagogues;

(5) Congregate housing;

(6) Convents, monasteries, seminaries;

(7) Day care centers;

(8) Drug rehabilitation treatment;

(9) Elderly housing;

(10) Golf, tennis, outdoor recreation;

(11) Government, cultural, library, municipal, museum;

(12) Halfway houses;

(13) Libraries;

(14) Nursing homes;

(15) Public safety buildings;

(16) Public, private schools, parks, playgrounds; and

(17) Mobile home parks.

(D) Lot size requirements.

Minimum lot size	7,500 sq. ft.
Minimum lot area per dwelling unit	2,900 sq. ft.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	30 ft.	10 ft.	12 ft.	3 ft.
Principal structure	30 ft.*	10 ft.**	12 ft.**	25 ft.
Transitional buffer yard adjacent to single-household	—	10% of lot width	—	10% of lot width
* Or the average of the 2 adjacent structures, whichever is least
** Or a combined 20% of the lot frontage, whichever is least
Minimum 19 ft., maximum 25 ft.
This yard may be observed only when no other lots with frontage on this street have, or have the ability to have, a building frontage on this street

(F) Building bulk limitations. No building or other structure erected within the R4 District will exceed 45 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(G), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017; Ord. 2017-17, passed 12- 27-2017)

Newburgh City Zoning Code

RESIDENCE DISTRICTS

§ 157.115 GENERAL PROVISIONS.

(1) Uses lawfully established on the effective date of this chapter;

(2) Conditional uses, allowed in accordance with the provisions of division (B) below.

(a) Uses already established on the effective date of this chapter and rendered nonconforming by the provisions hereof, shall be subject to the regulations of § 157.085.

(B) Conditional uses.

(E) Yard requirements.

(2) All accessory buildings which are attached to principal buildings (e.g., attached garages) shall comply with the yard requirements of the principal building, unless otherwise indicated.

(3) The rear yard requirement for a through-lot shall be the same as the requirement for the front yard, for the particular district in which it is located.

(G) Signs. Signs shall be allowed in residence districts in accordance with the regulations established in §§ 157.195 through 157.218 .

(J) Overlay districts. In addition, the provisions of the following overlay districts may apply to new development in the residence districts: Town Core District and Highway Commercial District.

(K) Plan review in residential districts. All development in the R3 to Core Residence Districts shall be subject to site plan review, as provided for in § 157.039.

(Ord. 1997-1, § 130.6(A), passed 1-22-1997)

§ 157.116 A1 AGRICULTURAL DISTRICT.

(B) Permitted uses. The following uses are permitted in the A1 District:

(1) Accessory uses;

(2) Child care home;

(3) Crop cultivation, farming;

(4) Gardening, including truck farming;

(5) Greenhouses;

(6) Household farm dwellings, up to two single;

(7) Nurseries, plant materials;

(8) Orchards; and

(9) Roadside stands for the sale of farm grown produce.

(1) Bed and breakfasts;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Convents, monasteries, seminaries;

(5) Day care centers;

(6) Elderly housing;

(7) Golf, tennis, outdoor recreation;

(8) Home occupations;

(9) Public safety buildings;

(10) Public, private schools, parks, playgrounds;

(11) Quasi-public uses, retreat house, conference center; and

(12) Retail-nurseries, lawn, garden.

(D) Lot size requirements minimum lot area. All lots shall be ten acres.

(E) Yard requirements. No buildings except roadside stands shall be constructed within 50 feet of any property line.

(F) Building height limitations. Single-household dwellings and accessory structures shall not exceed 35 feet in height. Barns, sheds and silos, shall not exceed 60 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(B), passed 1-22-1997)

§ 157.117 RL LARGE LOT RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the RL District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as follows:

(a) Garages and carports. Garage dimensions shall not exceed 26 feet by 42 feet;

(b) Gardens, private;

(d) Home occupations as set forth in § 157.070;

(e) Swimming pools and tennis courts, private (noncommercial);

(f) Toolhouses, sheds and other similar buildings for the storage of domestic supplies;

(g) Temporary storage of building materials and equipment for on-site construction for a period not to exceed the duration of such construction;

(j) Miscellaneous accessory structures including, but not limited to, satellite receiving dishes and play houses.

(2) Single-household detached dwellings.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Crop cultivation;

(5) Home occupations;

(6) Public safety buildings;

(7) Public and private schools, parks, playgrounds; and

(8) Quasi-public uses, retreat house, conference center.

(D) Lot size requirements minimum lot area. One acre.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	50 ft.	20 ft.	30 ft.	3 ft.
Single-household detached dwellings	50 ft.	20 ft*	50 ft.	50 ft.
* Plus one foot for each 2 feet by which the building height exceeds 25 feet

(F) Building height limitations. No building or other structure erected within the RL District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(C), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.118 R1 SINGLE-HOUSEHOLD RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the R1 District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071; and

(2) Single-household detached dwellings.

(1) Bed and breakfast;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Home occupations;

(5) Public safety buildings; and

(6) Public, private schools, parks, playgrounds.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
14,520 sq. ft.	75 ft., 100 ft. on corner lots

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	35 ft.	3 ft.	15 ft.	3 ft.
Single-household detached dwellings	35 ft.*	3 ft.**	15 ft.	25 ft.
* Or the average setback of the 2 adjoining structures, whichever is greater
** A total of 30 feet for the two yards combined; plus 1 foot for each 2 feet by which the building height exceeds 35 feet

(F) Building height limitations. No building or other structure erected within the R1 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(D), passed 1-22-1997; Ord. 2001-14, passed 8-22-2001; Ord. 2017-12, passed 11-21- 2017)

§ 157.119 R2 SINGLE-HOUSEHOLD RESIDENCE DISTRICT.

(B) Uses. The following uses are permitted in the R2 District:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071;

(2) Duplexes, up to four-plexes only, at the time of planing and no conversions are allowed after platting;

(3) Single-household detached dwellings; and

(1) Bed and breakfast;

(2) Cemeteries;

(3) Child care facilities;

(4) Churches, temples, synagogues;

(5) Congregate housing;

(6) Convents, monasteries, seminaries;

(7) Day care centers;

(8) Elderly housing;

(9) Family care facilities;

(10) Group care facilities, six or more residents;

(11) Public safety buildings;

(12) Public, private schools, parks, playgrounds; and

(13) Lodges and fraternal organizations.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
7,260 sq. ft.	65 ft., 85 ft. on corner lots

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	25 ft.	6 ft.	10 ft.	3 ft.
Single-household detached dwellings	25 ft.**	6 ft*	10 ft.	25 ft.
* A total of 20 feet for the two yards combined, plus 1 foot for each 2 feet by which the building height exceeds 25 feet
** Or the average setback of two adjacent structures, whichever is greater

(F) Building height limitations. No building or other structure erected within the R2 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(E), passed 1-22-1997; Ord. 2003-28, passed 10-8-2003; Ord. 2017-12, passed 11-21-2017)

§ 157.120 R3 MEDIUM DENSITY RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the R3 District;

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 150.071;

(2) Child care facilities;

(3) Family care facilities;

(4) Group care facilities;

(5) Single and two household detached dwellings; and

(6) Condominium units not exceeding six units per building.

(1) Bed and breakfasts;

(2) Cemeteries;

(3) Churches, temples, synagogues;

(4) Congregate housing;

(5) Convents, monasteries, seminaries;

(6) Day care centers;

(7) Elderly housing;

(8) Golf, tennis, outdoor recreation;

(9) Public safety buildings; and

(10) Public, private schools, parks, playgrounds.

(D) Lot size requirements.

Minimum Lot Area	Minimum Lot Width
4,356 sq. ft.	33 ft.
3,000 sq. ft. per d.u.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	15 ft.	4 ft.	8 ft.	3 ft.
Principal structure	15 ft.*	4 ft.**	8 ft.	25 ft.
* Or the average setback of adjacent structures, whichever is greater
** Or a total of 20% of the frontage, whichever is less, plus 1 foot for each 2 feet by which the building height exceeds 25 feet

(F) Building height limitations. No building or other structure erected within the R3 District shall exceed 35 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(F), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.121 R4 MULTI-HOUSEHOLD RESIDENCE DISTRICT.

(B) Permitted uses. The following uses are permitted in the R4 Districts:

(1) Accessory uses and structures, incidental to and on the same zoning lot as the principal use, as specified in § 157.071;

(2) Child care facilities;

(3) Duplexes;

(4) Family care facilities;

(5) Group care facilities;

(6) Multi-household dwellings;

(7) Single-household attached dwellings; and

(8) Single-household detached dwellings.

(1) Alcohol abuse treatment;

(2) Cemeteries;

(3) Children’s home;

(4) Churches, temples, synagogues;

(5) Congregate housing;

(6) Convents, monasteries, seminaries;

(7) Day care centers;

(8) Drug rehabilitation treatment;

(9) Elderly housing;

(10) Golf, tennis, outdoor recreation;

(11) Government, cultural, library, municipal, museum;

(12) Halfway houses;

(13) Libraries;

(14) Nursing homes;

(15) Public safety buildings;

(16) Public, private schools, parks, playgrounds; and

(17) Mobile home parks.

(D) Lot size requirements.

Minimum lot size	7,500 sq. ft.
Minimum lot area per dwelling unit	2,900 sq. ft.

(E) Yard requirements.

Minimum Standards	Front Yard	Interior Side Yard	Corner Side Yard	Rear Yard
Accessory structures	30 ft.	10 ft.	12 ft.	3 ft.
Principal structure	30 ft.*	10 ft.**	12 ft.**	25 ft.
Transitional buffer yard adjacent to single-household	—	10% of lot width	—	10% of lot width
* Or the average of the 2 adjacent structures, whichever is least
** Or a combined 20% of the lot frontage, whichever is least
Minimum 19 ft., maximum 25 ft.
This yard may be observed only when no other lots with frontage on this street have, or have the ability to have, a building frontage on this street

(F) Building bulk limitations. No building or other structure erected within the R4 District will exceed 45 feet in height.

(G) Site plan acceptance. In accordance with § 157.039.

(Ord. 1997-1, § 130.6(G), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017; Ord. 2017-17, passed 12- 27-2017)