No building, structure or land shall hereafter be used and no building, structure or part thereof shall be erected, moved or altered, unless for a use expressly permitted by and in conformity with the regulations herein specified to the district in which it is located, except as hereinafter provided.
In applying the regulations below, refer to Attachment 3R - Residential Districts - Schedule of Lot Area and Bulk Standards and Attachment 3NR - Non-Residential Districts - Schedule of Lot Area and Bulk Standards for the applicable district lot bulk standards.[1]
A.
Building and structure height. No building or structure shall hereafter be erected or altered to exceed the maximum permitted height for the district in which it is located, except for certain features as set forth in Subsection F herein.
B.
Required yards.
(1)
No building or structure shall be hereinafter erected, nor shall any existing building or structure be altered, enlarged or moved, nor shall any lot, yard, lot width, open space, loading or parking space required in relation to any building or structure or use be encroached upon or reduced in any manner, not in conformity with the lot area, lot area per dwelling unit or establishment, lot coverage, open space and building bulk regulations, yard requirements and other space and area regulations defined herein for the underlying district, except for certain features as set forth in Subsection G herein.
(2)
All required front yard setbacks shall be measured from all lot property lines fronting on a street.
(3)
For lots in a Boulevard District, the required front yard setbacks shall also be measured from the abutting State Highway centerline. The greater distance shall determine the controlling location of the front yard setback line.
(4)
All required side and rear yard setbacks shall be measured from all side and rear property lines, respectively.
C.
Yard as related to a use, building or structure. No part of a yard or other open space required appurtenant to any building, structure or use shall be included as a part of a yard or other open space required for any other building, structure or use on any other lot.
D.
Use of yards. Yards, as required herein, shall not be used for the storage of merchandise, equipment, building materials, junk, vehicles, vehicle parts or any other material or for signs, unless specifically allowed by the chapter.
E.
Lots bordering major streams. No building permit shall be issued for the construction of any principal or accessory use or structure in any district within 75 feet of the mean high-water line of the main-stream and within 40 feet of the mean high-water line of tributary branches of any streams in the Town of North East, unless specifically permitted by the Planning Board. Main streams in North East include the following watercourses:
F.
Height exceptions. The maximum height limits for principal and accessory buildings and structures required by this chapter may be exceeded for the following certain features subject to the limitations provided herein:
(1)
Architectural spires, domes, belfries, chimneys, cupolas, skylights, parapets or railings, elevators, stair bulkheads, air-conditioning units, ventilation units or similar necessary mechanical appurtenances not used for human occupancy, provided they do not cover an area larger than 100 square feet individually and in their aggregate occupy no larger than 10% of the total roof area of the building or structure upon which they located. Such features shall be erected to the minimum height necessary to accomplish the purpose for which they are intended but shall not exceed an additional 12 feet above the maximum permitted height as otherwise required by this chapter and shall be designed with an appearance and construction integral to that of the building or structure. No such feature shall be used as a place for habitation or for signage.
(2)
Telecommunication facilities approved in accordance with this chapter.
G.
Yard exceptions.
(1)
Exceptions in any yard. The following features may extend into a required front, side, or rear yard setback area subject to the limitations provided herein:
(a)
Driveways, including connector cross access with abutting properties via an easement.
(b)
Sidewalks and walkways.
(c)
Water supply well not exceeding a height of 36 inches above grade, catch basins, field drains, manholes, utility lines, and buried irrigation lines and heads.
(d)
Accessory parking on a driveway serving a principal detached single-family dwelling.
(e)
Architectural features such as chimneys, cornices, eaves, cantilevered roofs, belt courses, sills, canopies/awnings, or similar architectural features may extend or project not more than three feet into a required yard provided such architectural features shall not occupy or cover more than 25% of the wall area of the structure from which they project.
(f)
Fences, gates, walls, and landscaping.
[1]
Fences and gates not exceeding six feet in height measured from the adjacent ground level to the top of such fence or gate. Driveway gates shall be sufficiently setback to permit vehicles, including service and delivery trucks, to pull entirely off the road prior to passing through said gate.
[2]
Walls not exceeding three feet in height measured from the adjacent ground level to the top of such wall.
[3]
No fence, gate, wall, or landscaping shall be erected or placed on a lot resulting in the obstruction of a clear line of sight for traffic entering and exiting the lot or traveling on an abutting street.
[4]
The finished quality on the side of all fences, gates and walls shall face outward from the premises towards the adjacent street or neighboring property.
[5]
Fences, gates, and walls shall be situated sufficiently setback from all property lines to permit maintenance without the necessity of entering abutting lots.
[6]
No fence, gate, wall, or landscaping (planted or natural growth) shall be erected, placed, or maintained (overhanging branches shall be no closer than eight feet to the ground) within a corner of a lot at two intersecting streets that obstructs a clear line of sight for traffic within the pavement and a straight line between two points, each 75 feet back from the theoretical intersection of the nearest edges of pavement prolonged. "Line of sight" is defined as the observer's eye being four feet above the grade of the pavement edge and the object being one foot above the grade of the pavement edge.
 |
(2)
Front yard exceptions. The following additional features may extend into a required front yard setback area subject to the limitations provided herein:
(3)
Side and rear yard exceptions. The following additional features may extend into a required side or rear yard setback area subject to the limitations provided herein:
(a)
Exterior light posts provided the encroachment does not exceed three feet into the required setback for uses requiring Planning Board site plan approval.
(b)
Ground mounted mechanical equipment provided located within five feet of the building or structure served but no closer than three feet to any property line. The total area of encroachment into either a front, side or rear setback area shall not exceed an area greater than 5% of the individual setback area affected, be it the front, side, or rear setback area.
(c)
Underground water storage or propane storage tanks, stormwater control basins and structures (above or below ground), and septic disposal systems, subject to the following:
[1]
A minimum setback of 10 feet from any property line shall be provided.
[2]
The capacity of an underground propane storage tank located within or partly within a setback area shall be 1,000 gallons or less.
[3]
The total area of encroachment into either a front, side or rear setback area shall not exceed an area greater than 25% of the individual setback area affected, be it the front, side, or rear setback area.
[4]
All-season visibility of above ground stormwater control basins or structures (including outlet and overspill controls) located in a setback area shall be screened from abutting streets and lots with suitable landscaping, fencing, walls, or a combination thereof.
(d)
Movable benches and tables, landscape planters, bicycle racks.
(e)
Ground patios and terraces not exceeding one foot in height above the surrounding ground surface and extending from a building provided the associated building complies with applicable yard requirements, and such are no less than 10 feet from any side or rear lot line.
(f)
EV charging stations not to exceed an encroachment of three feet into a required yard.
[1]
Editor's Note: Said attachments are included at the end of this chapter.
A.
No application for a subdivision, site plan, special use permit or variance pursuant to this chapter will be deemed complete for purposes of commencing review of the same by the applicable board for any premises or property upon which there is an existing violation of this chapter or of any Town, county or state law or regulation governing the building construction, development or the use of land, buildings and structures within the Town of North East.
B.
No building permit, certificate of occupancy or certificate of compliance shall be issued by the Zoning Enforcement Officer or Code Enforcement Officer for any premises or property on which there is an existing violation of this chapter or any Town, county or state law or regulation governing the building construction, development or the use of land, buildings and structures within the Town of North East.
C.
For purposes of this section, a premises or property shall be deemed to be in violation of this chapter where a stop-work order, notice of violation, order to remedy violation or similar notice or order has been issued by the Town's Code Enforcement Officer and/or Zoning Enforcement Officer in accordance with the provisions of the Town of North East Code or where the Zoning Enforcement Officer, Code Enforcement Officer or the Town of North East has filed a criminal or civil action in a court of competent jurisdiction and the violation which is the subject of the order, notice or legal action has not been remedied by the property owner. In the event the automatic stay provisions of § 180-102 of the Town of North East Code, or § 267-a(6) of the Town Law, are invoked by timely appeal of any such order or notice to the Zoning Board of Appeals, the applicable board can deem the application complete for purposes of commencing review but no final approval shall be granted by the board until such time as the Zoning Board of Appeals has reversed the determination of the officer or the violation has been remedied. In the event the application is for a building permit and the automatic stay provisions, as described herein, are in effect the officer may issue the building permit, but no certificate of occupancy shall be issued until such time as the determination of the officer is reversed by the Zoning Board of Appeals or the violation is remedied. For purposes of this provision, remedy of a violation shall be deemed to have occurred when the officer who issued the order or notice has inspected the property and has notified the property owner in writing that the violation has been satisfactorily remedied.