Plan Commission approves final C-4 permitted-uses list after debate on specificity

On Nov. 3, 2025, the Town of Newburgh Plan Commission approved a final revision to the list of permitted and conditional uses for the C-4 zoning district and voted to recommend the document to the Town Council as an ordinance.

The item prompted extended discussion about regulatory approach. An unidentified commissioner objected to the itemized approach, saying, "I oppose this method of listing everything. I think that's impractical," and pointed out that specific uses such as computer repair or cell-phone repair might be omitted and would later require applicants to seek variances. That commissioner proposed a more generic formulation such as "any kind of repair."

Other commissioners countered that overly generic language could open the door to businesses some members find inappropriate at key entrances to town. One member said they would not want "another ... cannabis shop ... a tattoo parlor or an auto repair shop" at the town entrance. The presiding officer clarified the commission's legal standing: "We could say no because it's not in listed in our c 4 ... And and we would be in within our legal rights to say no," indicating that an unlisted use can be denied or require a variance.

Commission members also discussed how many C-4 parcels are available in town (members referred to a single empty lot available for sale) and noted that an existing storage facility across the street is in county jurisdiction, not the town. After discussion, a motion to accept the prepared document was made and seconded; members voiced "aye" and the presiding officer declared the motion carried. The commission approved the document to be forwarded to the Town Council for ordinance consideration.

The vote recorded in the meeting audio was by voice and not tallied in the transcript. The commission scheduled its next meeting for Dec. 1.