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Newburgh City Zoning Code

OFFICE DISTRICTS

§ 157.150 GENERAL PROVISIONS.

   For development approval for all Office Districts, a site plan review shall occur and shall receive acceptance before the petition is forwarded to the Plan Commission for action.
(Ord. 1997-1, § 130.8(A), passed 1-22-1997)

§ 157.151 O1 ARTERIAL OFFICE DISTRICT.

   (A)   Purpose statement.
      (1)   The O1 District is designed to function as an office and related employment use area along major roadway corridors. The intent is to encourage high-quality office development that serves as a transitional use between the arterial roadway and adjacent residential areas of the town.
      (2)   Transition areas adjacent to residential districts and areas at or near major intersections are identified as having a significant impact on the town. This is due to the need to protect the integrity and environment of the town’s residential neighborhoods, traffic safety conditions and the land-use character of key intersections. Therefore, all development proposed within these districts shall be subject to site plan review and approved as specified in § 157.039.
   (B)   General requirements. All development in the O1 Arterial Office District shall be subject to the general requirements of site plan review, as provided for in § 157.039.
   (C)   Permitted uses. The following uses are permitted in the O1 District:
      (1)   Accessory uses;
      (2)   Computer services;
      (3)   Congregate care facilities;
      (4)   Employer support activities including convenience retail, restaurants, fast food restaurants, card shops, pharmacies, grocery stores and other similar goods and services;
      (5)   Financial institutions;
      (6)   Hospitals, shelter and care facilities;
      (7)   Medical and dental clinics in excess of 4,000 square feet;
      (8)   Offices, business, government, professional, in excess of 10,000 gross square feet;
      (9)   Offices, medical and dental; and
      (10)   Social services, individual and family.
   (D)   Conditional uses. The following conditional uses may be allowed in the O1 District:
      (1)   Day care facilities;
      (2)   Parking lot, garage; and
      (3)   Public safety buildings.
   (E)   Lot area and width.
 
Minimum Lot Area
Minimum Lot Width
Standard development parcel
10,000 sq. ft.
80 ft.
 
   (F)   Yards. The minimum yard requirements in the O1 District shall be as follows:
      (1)   Abutting nonresidential.
 
Front and Corner Side Yard
Interior Side Yard
Rear Yard
Building
10% of parcel depth
20 ft.
20 ft.
Parking
15 ft.
12 ft.
10 ft.
 
      (2)   Abutting residential.
         (a)   Where an O1 lot abuts the side of rear lot line of a residential lot, the side or rear yard shall be 10% of the lot width/length or ten feet, whichever is greater.
         (b)   Front and corner side yards shall be the same as the adjacent residential district.
   (G)   Building height. No building or structure in the O1 District shall exceed 55 feet in height and where an O1 abuts residential structures the height limitation shall be 35 feet.
   (H)   Off-street parking and loading. The parking and loading requirements for the O1 District shall be as specified in §§ 157.181 and 157.182.
   (I)   Landscaping and screening. The landscaping and screening requirements for the O1 District shall be as specified in § 157.065.
   (J)   Sign regulations. The sign regulations for the O1 District shall be as specified in §§ 157.195 through 157.218 .
   (K)   Site plan acceptance. In accordance with § 157.039.
(Ord. 1997-1, § 130.8(B), passed 1-22-1997)

§ 157.152 O2 OFFICE PARK DISTRICT.

   (A)   Purpose statement.
      (1)   This district is designed to function primarily as an employment district. It provides a use and design opportunity for major office related employment uses to locate within the town. The intent is to encourage the development of a campus-type office environment protected from incompatible uses.
      (2)   However, the district also permits a limited amount of distribution functions which are often combined with office functions. These special uses are Intended to facilitate the development of multi-tenant buildings (i.e., “flex tech” or “business park” developments) that may be suited to small business which by necessity must combine office, distribution and light processing at a single location.
   (B)   General requirements. All development in the O2 District shall be subject to the general requirements of site plan review as specified in § 157.039.
   (C)   Permitted uses. The following uses are permitted in the O2 District:
      (1)   Accessory uses;
      (2)   Computer services;
      (3)   Day care centers;
      (4)   Financial institutions, no drive-up;
      (5)   Offices, business, government, professional;
      (6)   Offices, medical, dental;
      (7)   Social services, individual and family; and
      (8)   Support retail services including restaurants, pharmacies, copy shops and other uses compatible with the office employment activity at the discretion of the Administrator.
   (D)   Conditional uses. The following conditional uses may be allowed in the O2 District:
      (1)   Cultural facilities;
      (2)   Cultural facilities, as an accessory use;
      (3)   Financial institutions with drive-up;
      (4)   Gardens, botanical, zoological;
      (5)   Health centers;
      (6)   Limited warehousing, storage, distribution as an accessory use;
      (7)   Medical and dental clinics;
      (8)   Medical and dental lab;
      (9)   Out-patient clinics;
      (10)   Parking lot, garage;
      (11)   Physical education center, all inside;
      (12)   Physical education center, some outside;
      (13)   Public safety buildings;
      (14)   Research development lab; and
      (15)   Schools: business, professional, trade.
   (E)   Development area and width.
 
Minimum Lot Area
Minimum Lot Width
Standard lot
2 acres, may be subdivided into smaller lots
175 ft.
 
   (F)   Yards. The minimum yard requirements for permitted and special uses shall be as follows:
 
Front and Corner Yard
Interior Side Yard
Rear Yard
Building
50 ft.
30 ft.*
30 ft.*
Parking
25 ft.
15 ft.
15 ft.
* Plus 1 foot for each foot the building exceeds 45 feet in height
 
   (G)   Building height. No building or structure in an O2 District shall exceed the following height limitations: for permitted uses, 75 feet.
   (H)   Off-street parking and loading. The parking and loading requirements for the O2 District shall be as specified in §§ 157.181 and 157.182.
   (I)   Landscaping and screening. The landscaping and screening requirements for the O2 District shall be as specified in § 157.065.
   (J)   Sign regulations. The sign regulations for the 02 District shall be as specified in §§ 157.195 through 157.218 .
   (K)   Site plan acceptance. In accordance with § 157.039.
(Ord. 1997-1, § 130.8(C), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)

§ 157.153 I1 INDUSTRIAL PARK DISTRICT.

   (A)   Purpose statement. The I1 District is intended for “clean” (low environmental impact) industrial uses that will be compatible with neighboring residential, office and commercial districts. It is intended to accommodate warehousing, light fabrication, assembly and storage activities, as well as associated office uses and certain other uses that are incidental to the principal ones as well as certain special uses. To ensure a high-quality industrial park setting, strict controls will limit outdoor storage, building facades and on-site parking lot location and design.
   (B)   General requirements.
      (1)   The following uses shall be prohibited in the I1 District:
         (a)   Any business, servicing or processing, outside of an enclosed building, except for off-street parking and loading, unless otherwise indicated hereinafter; and
         (b)   Any outdoor storage, except for motor vehicles in operable condition used for conducting the business or materials completely enclosed and effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height. In the event a solid wall is used to satisfy this requirement, the yard requirements, of this district shall apply to the exterior wall.
      (2)   All applications for new construction or substantial additions or changes to an existing building or structure, as determined by the Zoning Administrator, within an I1 District shall be subject to site plan review, as specified in § 157.039.
   (C)   Permitted uses. The following uses are permitted in the I1 District:
      (1)   Accessory uses;
      (2)   Antennas not located within a required yard;
      (3)   Bedding and furniture assembly;
      (4)   Boot and shoe manufacturing, no leather processing;
      (5)   Cloth products manufacturing;
      (6)   Commercial testing lab;
      (7)   Contractors shops and storage yards;
      (8)   Day care centers;
      (9)   Display rooms: merchandise retail, wholesale;
      (10)   Electronic, scientific precision instrument manufacturing;
      (11)   Equipment rental, leasing;
      (12)   Financial institutions;
      (13)   Fur processing;
      (14)   Gasoline stations, no repairs;
      (15)   Health centers;
      (16)   Laboratories: research and testing;
      (17)   Laundries;
      (18)   Light machinery products: appliance, business machines and the like;
      (19)   Lithographing;
      (20)   Living quarters, watchmen and families, on-site;
      (21)   Machine shop;
      (22)   Mail order houses;
      (23)   Manufacturer of antennas, electronic equipment and any other allied products;
      (24)   Musical instruments manufacture;
      (25)   Offices, business, government, professional;
      (26)   Orthopedic and medical appliance manufacture;
      (27)   Parking lot, garage;
      (28)   Pottery and ceramics manufacture;
      (29)   Printing and publishing establishments;
      (30)   Research, noncommercial, scientific, educational;
      (31)   Research, development lab;
      (32)   Restaurants;
      (33)   Sporting goods manufacture;
      (34)   Tool and die; and
      (35)   Wearing apparel manufacture.
   (D)   Conditional uses. The following conditional uses may be allowed in the I1 District, subject to the provisions of § 157.050.
      (1)   Airports and heliports, private, commercial;
      (2)   Cartage and express facilities;
      (3)   Cosmetics production;
      (4)   Financial institutions, with drive-up;
      (5)   Food, packaging and processing;
      (6)   Health centers;
      (7)   Public safety buildings;
      (8)   Warehouses and distribution facilities; and
      (9)   Woodworking, wood products manufacturing.
   (E)   Lot area requirements. The minimum area for a standard lot in an I1 District shall be as follows:
 
Minimum Lot Area
Minimum Lot Width
Standard development parcel
1 acre
150 ft.
 
   (F)   Yards, The required yards in the I1 District shall be as follows:
 
Front and Corner Side Yard
Interior Yard
Side Rear Yard
Building
35 ft.
20 ft.
20 ft.
Parking
Prohibited
10 ft.
10 ft.
 
   (G)   Transitional buffer yard requirements. Nonresidential land uses abutting or across an alley from residential zoning uses shall be required to provide a minimum transitional yard equal to 10% of the average width or depth of the lot adjacent to the residential zoning lot. Such transitional buffer yards shall extend the entire length of the abutting residential zoning district. The minimum transitional buffer yard required for any nonresidential development shall be ten feet in width. The maximum transitional buffer yard shall be 100 feet in width. Transitional buffer yard widths may be reduced as provided for in § 157.065.
   (H)   Building height. No building or structure in an I1 District shall exceed 45 feet in height, except for: chimneys, antennas, flagpoles, roof-mounted electrical equipment, solar collectors and stair and elevator penthouses none of which shall exceed 50 feet in height.
   (I)   Outdoor storage. All outdoor storage areas in an I1 District must be completely enclosed and effectively screened by a solid wall or fence (including solid entrance and exit gates) not less than six feet nor more than eight feet in height.
   (J)   Parking and loading. All parking and loading areas within an I1 District shall conform to the requirements of §§ 157.181 and 157.182.
   (K)   Landscaping and screening. Landscaping and screening within the I1 District shall conform to the requirements of § 157.065.
   (L)   Regulations. All signs, within an I1 District shall conform to the requirements of §§ 157.195 through 157.218 .
   (M)   Site plan acceptance. In accordance with § 157.039.
(Ord. 1997-1, § 130.8(D), passed 1-22-1997; Ord. 2017-12, passed 11-21-2017)