Except as otherwise provided by this chapter, no building or structure or land shall be used nor shall any building or structure be built or altered except for the purposes specified for each of the individual Zoning Districts. Any use which is not specifically permitted by this chapter are hereby declared to be a "prohibited" use. Any use not specifically listed for an individual Zoning District shall be deemed "prohibited" in that Zoning District. In addition, the following uses are specifically "prohibited" in all Zoning Districts within the Town of North East:
A. 
Junkyard.
B. 
Quarry, sand pit, gravel pit, topsoil stripping (as a principal use)
C. 
Shooting range.
D. 
Storage of alcohol, gasoline, crude oil, liquified petroleum gas or other highly flammable substances (as a principal use, except associated with a gas station/gas station with convenience store)
E. 
Vape store and any tobacco specialty business.
A. 
Agricultural (A5A) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in an A5A District are listed on Attachment 1R — Schedule of Permitted Principal Uses — Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in an A5A District are listed on Attachment 2R — Schedule of Permitted Accessory Uses — Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in an A5A District are listed on Attachment 3R — Schedule of Lot Area and Bulk Standards — Residential Districts, which attachment shall be deemed a part of this chapter.
A. 
Very Low Density Residential (R3A) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in an R3A District are listed on Attachment 1R - Schedule of Permitted Principal Uses - Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in an R3A District are listed on Attachment 2R - Schedule of Permitted Accessory Uses - Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in an R3A District are listed on Attachment 3R - Schedule of Lot Area and Bulk Standards - Residential Districts, which attachment shall be deemed a part of this chapter.
A. 
Low Density Residential (R1A) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in an R1A District are listed on Attachment 1R - Schedule of Permitted Principal Uses - Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in an R1A District are listed on Attachment 2R - Schedule of Permitted Accessory Uses - Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in an R1A District are listed on Attachment 3R - Schedule of Lot Area and Bulk Standards - Residential Districts, which attachment shall be deemed a part of this chapter.
A. 
Medium Density Residential (R20,000) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in an R20,000 District are listed on Attachment 1R - Schedule of Permitted Principal Uses - Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in an R20,000 District are listed on Attachment 2R - Schedule of Permitted Accessory Uses - Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in an R20,000 District are listed on Attachment 3R - Schedule of Lot Area and Bulk Standards - Residential Districts, which attachment shall be deemed a part of this chapter.
A. 
Residential lot clustering.
(1) 
Residential dwelling units may be clustered as provided in § 278 of New York State Town Law. The Planning Board may require lot clustering for a residential subdivision or resubdivision.
(2) 
Lot clustering shall result in a permitted number of building lots or dwelling units which shall in no case exceed the number which could be permitted, in the Planning Board's judgment, if the land were subdivided into lots conforming to the minimum lot size and density requirements applicable to the underlying zoning district or districts in which such land is situated and conforming to all other applicable requirements. Provided, however, that where the property falls within two or more contiguous districts, the Planning Board may approve a cluster development representing the cumulative density as derived from the summing of all units allowed in all such districts and may authorize actual construction to take place in all or any portion of one or multiple such districts.
(3) 
The Planning Board may establish the areas within which structures may be located, the height and spacing of buildings, open spaces and their landscaping, off-street open and enclosed parking spaces, streets, driveways and any other features as required by the Planning Board.
(4) 
The dwelling units permitted may be, at the discretion of the Planning Board, detached, semi-detached, attached, or multi-story structures.
(5) 
The Planning Board as a condition of approval may establish such conditions on the ownership, use, and maintenance of the open lands of a cluster development as it deems necessary to assure the preservation of the natural and scenic qualities of such open lands.
A. 
Boulevard District West (BD-West).
(1) 
Schedule of permitted principal uses. Principal uses permitted in a BD-West District are listed on Attachment 1NR - Schedule of Permitted Principal Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in a BD-West District are listed on Attachment 2NR - Schedule of Permitted Accessory Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in a BD-West District are listed on Attachment 3NR - Schedule of Lot Area and Bulk Standards - Non-Residential Districts, which attachment shall be deemed a part of this chapter. The applicable lot area and bulk standards for a BD-West District are divided and specified for properties located north and south of Route 44 differently.
B. 
Boulevard District East (BD-East).
(1) 
Schedule of permitted principal uses. Principal uses permitted in a BD-East District are listed on Attachment 1NR - Schedule of Permitted Principal Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in a BD-East District are listed on Attachment 2NR - Schedule of Permitted Accessory Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in a BD-East District are listed on Attachment 3NR - Schedule of Lot Area and Bulk Standards - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
C. 
Boulevard District 4 (BD-4).
(1) 
The following uses are permitted in a BD-4 District:
(a) 
Off-street parking, water supply and sewage treatment facilities, and other accessory buildings and facilities for maintenance and operation of any permitted principal use located upon an abutting lot with vehicular access thereto from a BD-West District property, may be permitted as accessory uses and structures subject to special permit and/or site plan approval as otherwise applicable to the associated principal use.
(b) 
Municipal buildings, uses and facilities.
(c) 
Accessory uses, buildings and other structures associated with and supporting a permitted principal use as approved and located within a BD-West District, subject to special permit and/or site plan approval as otherwise applicable to the associated principal use.
(2) 
Applicable minimum and/or maximum lot area and bulk standards shall be the same as those for a BD-West District (southside) as listed on Attachment 3NR - Schedule of Lot Area and Bulk Standards - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
D. 
Alternative land use development performance modifications: Boulevard West and East Districts.
(1) 
Purpose. The Town recognizes it is confronted with a decreasing supply of centrally located suitable land for economic development and the need to provide carefully planned, integrated and unified projects which will maximize the use of this limited resource. As such, it is the purpose of this section to permit and encourage alternative variety and flexibility in the siting and configuration of site development to implement the objectives and policies set forth in the Town's Comprehensive Plan and to ensure commercial viability within the Boulevard Districts.
(2) 
Intent. These alternative modifications are intended to encourage flexibility and efficiency in land development in the Boulevard Districts by achieving one or more of the following:
(a) 
Fostering supportive economic viability within and surrounding the Boulevard Districts.
(b) 
Implementing physical, cultural, and social policies set forth in the Town's Comprehensive Plan.
(c) 
Fostering adaptive re-use or repurposing of existing developed properties to enhance the viability of commercial uses in the Boulevard Districts.
(d) 
Ensuring retention and enhancement of community rural character.
(e) 
Protecting natural features and resources, e.g., tree cover, open areas, wetlands and water related resources and other environmentally significant features.
(f) 
Enhancing the quality of new development and promoting sustainability principles and best management practices balancing environmental protection and economic viability.
(g) 
Reducing impervious surfaces and associated impacts from stormwater runoff through shared access, parking and loading facilities.
(h) 
Providing more efficient use of public facilities required to support commercial development.
(i) 
Promoting additional housing types and housing opportunities.
(j) 
Facilitating coordinated and integrated development of abutting commercial land by providing flexibility in meeting certain zoning lot bulk requirements where facilities are shared.
(k) 
Preserving the capacity and safety of existing abutting arterial public roadways through reduction to area traffic congestion by providing shared and internal lot connectivity.
(l) 
Calming traffic and improving vehicular circulation, while making the area of the Boulevard Districts more walkable, pedestrian friendly and better connected.
(3) 
Applicability. The Planning Board, in conjunction with a special permit and/or site plan application for property located in a Boulevard West District or Boulevard East District, is hereby authorized pursuant to this chapter to evaluate and approve certain alternative performance modifications to applicable lot bulk standards and permit certain residential uses provided the Planning Board determines such provides for an improved site plan layout and land use configuration consistent with the above stated purpose and intent. Such modifications do not give the Planning Board the ability to grant variances. Any number of abutting parcels may be included for the purpose of integrated site development, regardless of ownership.
(4) 
Alternative performance modifications.
(a) 
Maximum site coverage may be increased not to exceed a maximum of 50% for any lot consisting of 10 acres or greater.
(b) 
Maximum site coverage may be increased not to exceed a maximum of 70%; maximum building coverage may be increased not to exceed a maximum of 25% maximum building width (at front yard setback) may be increased not to exceed a maximum of 90 feet; and/or minimum rear and/or side yard setbacks (for buildings, structures and off-street parking) may be reduced to a minimum of not less than 10 feet, provided a reciprocal easement is established with one or more abutting lots for one or more of the following measures (the more measures provided, the greater flexibility may be granted):
[1] 
Common vehicular access via a public street by a shared driveway and single curb cut.
[2] 
Interior interconnected vehicular access between the properties.
[3] 
Interior interconnected pedestrian access in addition to street frontage sidewalks.
[4] 
Shared parking and/or loading facilities pursuant to § 180-50F of this chapter.
(c) 
Minimum side and/or rear yard building/structures/parking setbacks may be reduced to a minimum of not less than 10 feet if the reduction provides a corresponding increased setback protective buffer from that otherwise required in § 180-11E of this chapter providing added protection of the sensitive natural resource, including but not limited to important significant or rare wildlife habitat, wetlands and watercourses and associated buffers, 100-floodplain lands, or avoidance and/or protection of similarly important or significant resources consistent with the Town's Comprehensive Plan.
(d) 
Maximum building stories may be increased not to exceed three stories; and maximum single-building footprint may be increased not to exceed a maximum of 12,000 square feet, if one or more of the following configurations are implemented:
[1] 
The second and third floors are used strictly for residential rental apartments as defined and regulated in § 180-72.4.
[2] 
Up to 50% of the additional second and third story gross floor areas may be used as permitted principal commercial uses provided the balance of the gross floor area is designated and used as "affordable housing" rental apartments as defined and regulated in § 180-72.5. The additional commercial use may be located on the second and/or third floors provided the total amount of additional commercial use does not exceed 50% of the total cumulative gross floor areas of both upper floors.
[3] 
Maximum building height of a building with a permitted third story may be increased not to exceed a maximum of 40 feet.
[4] 
In addition to the above, maximum site coverage may be increased not to exceed a maximum of 70% if the number of residential units legally restricted as "affordable housing" as defined and regulated in § 180-72.5 is doubled from that otherwise required pursuant to § 180-72.3 and § 180-72.4.
(5) 
Review and approval procedure.
(a) 
Pre-application workshop. Applicants proposing an application involving one or more of the alternative performance modifications listed hereunder shall first participate in one or more non-binding workshops (pre-application) with the Planning Board to assess if such an application is worthy of consideration.
(b) 
Submission of application. An application for alternative performance modifications shall be submitted simultaneously to the Planning Board with an application for a special permit and/or site plan. Such application shall be processed concurrently and with the same procedures applicable to special permit/site plan approvals as set forth in this chapter, including all applicable requirements of SEQRA.
(c) 
Narrative statement. A narrative statement shall be submitted with the following information:
[1] 
A detailed description of the requested modification.
[2] 
An explanation as to how the modification will provide an improved site layout and/or project development consistent with and implementing the physical, social and cultural policies of the Town's Comprehensive Plan.
[3] 
Details of how the overall project will be in harmony with the purpose and intent of this chapter and the underlying Boulevard District, its stated objectives, and will promote the purposes herein.
[4] 
Details of how the project will result in an improved site plan layout and land use configuration consistent with the stated purpose and intent of these alternative performance modification standards.
[5] 
Details of how the project will result in an improved visual appearance, including but not limited to building elevations, site renderings and/or photo simulations.
[6] 
Details of how the proposed project is sufficiently advantageous to render it appropriate for grant of the requested modification and that the project will add to the long-term assets of the town.
[7] 
Draft copies of any needed or proposed easements and other legal instruments required for development.
[8] 
Other information. The applicant shall provide additional information or support materials as may be required by the Planning Board, which in its judgement are needed to perform a thorough evaluation of the proposal for modification.
(d) 
Referral. The Planning Board may refer any proposal for modification to others for their review and comment, including but not limited to federal, state, regional and local boards, committees, officials, professional staff and/or consultants as deemed warranted or necessary.
(e) 
Other applicable use standards.
[1] 
All other applicable lot area and bulk standards shall apply as required by this chapter.
[2] 
Multifamily dwellings. Proposals including multifamily dwellings shall also be subject to the supplemental standards in § 180-72.3 of this chapter.
[3] 
Residential apartments. Proposals including residential apartments above commercial uses shall also be subject to the supplemental standards in § 180-72.4 of this chapter.
[4] 
Affordable housing. Proposals including affordable housing dwellings shall also be subject to the supplemental standards in § 180-72.5 of this chapter, including but not limited to an approved Affordability Plan.
(f) 
Evaluation. The Planning Board shall evaluate the following to determine the adequacy of the proposed modification to be incorporated:
[1] 
The adequacy of the modification to achieve one or more goals of the Town's Comprehensive Plan.
[2] 
The adequacy with which implementation of the modifications will encourage positive flexibility and efficiency in land development in the Boulevard Districts consistent with stated purpose and intent set forth above.
[3] 
The adequacy with which the modification fits the site and how the development relates to onsite and adjacent land uses, structures, and facilities.
[4] 
The adequacy of pedestrian and vehicular access, parking, loading, landscaping and other accessory site features.
[5] 
The adequacy of the water supply, wastewater treatment, transportation, waste disposal and emergency protection facilities serving the site and development, and that such modified site development will not substantially and deleteriously impact upon the future development of adjoining properties.
(g) 
Findings. In approving any special permit or site plan including the granting of a modification, the Planning Board shall render the following findings:
[1] 
The modified proposal is compatible with and implements one or more of the objectives and policies of the Town's Comprehensive Plan consistent with the above stated purpose and intent of these alternative performance modification standards.
[2] 
The modified proposal will not impair the purposes of this chapter and that of the underlying Boulevard District.
[3] 
The modified proposal is compatible with adjacent properties and will safeguard the appropriate use of the land in the immediate vicinity.
[4] 
The modified proposal is preferred to the existing site layout or to a plan conforming to the otherwise required minimum and/or maximum dimensional requirements applicable for the subject property.
(h) 
Modification approval.
[1] 
To approve a modification, the Planning Board shall render positive findings consistent with the standards above.
[2] 
All approved modifications shall be incorporated and integral to the underlying special permit and/or site plan approval.
[3] 
The granting of an alternative performance modification shall be in addition to and not in lieu of any other improvement otherwise required pursuant to any other provisions of this chapter, the subdivision regulations and/or any other land use regulations of the Town, or the provisions of other applicable New York State laws, including, without limitation, Article 16 of New York State Town Law or for compliance with the New York State Environmental Quality Review Act (SEQRA) and the regulations thereunder, all as any of these provisions now exist or as they may be amended from time to time.
[4] 
In authorizing a modification involving shared or common facilities, the Planning Board shall ensure such are adequately permanent in nature and legally assured. If such requires an easement or similar legal instrument to implement, the Planning Board shall ensure the longevity of such and that such surety or other performance guarantees are adequately reviewed, approved as to form and content, and implemented as deemed necessary.
[5] 
Once approved, any change, reduction, alteration or elimination of an associated modification and its associated alternative site layout and/or residential use shall require the prior review and approval of the Planning Board and shall be treated as a new application for approval, which shall be submitted and acted upon in accordance with review procedures set forth above, as may be amended from time to time, for the original application.
[6] 
In the event a lot with an approved easement or other common element approved pursuant to these standards desires to discontinue or otherwise separate from such, each of the affected lots shall be shown to fully comply with all underlying Boulevard District zoning standards.
A. 
Irondale Business (IB) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in an IB District are listed on Attachment 1NR - Schedule of Permitted Principal Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in an IB District are listed on Attachment 2NR - Schedule of Permitted Accessory Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in an IB District are listed on Attachment 3NR - Schedule of Lot Area and Bulk Standards - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
A. 
Light Industrial (M-A) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in a M-A District are listed on Attachment 1NR - Schedule of Permitted Principal Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in a M-A District are listed on Attachment 2NR - Schedule of Permitted Accessory Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in a M-A District are listed on Attachment 3NR - Schedule of Lot Area and Bulk Standards - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
A. 
Land Conservation (LC) District.
(1) 
Schedule of permitted principal uses. Principal uses permitted in a LC District are listed on Attachment 1NR - Schedule of Permitted Principal Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(2) 
Schedule of permitted accessory uses. Accessory uses, buildings and structures permitted in a LC District are listed on Attachment 2NR - Schedule of Permitted Accessory Uses - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
(3) 
Schedule of lot area and bulk standards. Minimum and/or maximum lot area and bulk standards applicable in a LC District are listed on Attachment 3NR - Schedule of Lot Area and Bulk Standards - Non-Residential Districts, which attachment shall be deemed a part of this chapter.
The following supplemental use standards shall apply to properties and uses as permitted in the Land Conservation (LC), Irondale Business (IB), Light Industrial (M-A), and all Boulevard (BD) Districts as follows:
A. 
Entrances and exits upon public streets.
(1) 
Number and spacing. There shall be no more than one entrance and one exit per lot on any individual public street, and the distance between any entrance and exit center line, if separate, shall not be less than 100 feet in any instance.
(2) 
Width. No entrance or exit shall have a width greater than 36 feet.
(3) 
Location. The center line of any such entrance or exit shall not intersect any street line less than 70 feet from the intersection of any two street lines.
B. 
Sidewalks.
(1) 
Sidewalks shall have a minimum width of five feet.
(2) 
Sidewalks parallel to street frontage on lots located within a Boulevard West District shall be required for all new development projects and for substantial redevelopment projects (substantial shall be defined as a project construction cost of $250,000 or more in 2024 U.S. Dollars).
(3) 
Sidewalks along the street frontage of a lot shall be designed to connect with existing sidewalks or appropriately aligned to permit extension of the sidewalk on abutting properties. Such sidewalks shall be constructed of concrete and shall be extended across street access driveways.
(4) 
Sidewalks shall be provided in other locations onsite as required by the Planning Board to assure safe pedestrian travel to and from buildings, off-street parking areas, site amenities and accessory uses/facilities, and to provide safe connections to sidewalks along abutting streets.
(5) 
Sidewalks adjacent to parking areas shall either include a sidewalk with a minimum width of eight feet or a separating landscape strip (preferred) with a minimum width of three feet.
(6) 
Sidewalks as above may also be required by the Planning Board for properties and uses located in other districts, including residential districts.
C. 
Open outside storage.
(1) 
No open outside storage areas shall be established in any Boulevard District except on the southerly side of Route 44 within a BD-East District.
(2) 
Open outside storage areas, where and how permitted, shall conform to all yard requirements specified for buildings, shall not exceed 25% of the area of the lot and shall be screened from view from any street and any other lot to a height of eight feet by enclosing buildings, fences, walls, embankments and/or evergreen shrubs or trees; provided, however, that the Planning Board, when approving a site plan may determine that enclosure is not necessary in connection with all or a portion of open storage that is an adjunct to retail sales.
(3) 
Open outside storage, where and how permitted, shall not be deemed a principal use but shall be an accessory use to a permitted principal use.
D. 
Fire-resistant construction. All building construction shall be fire-resistant construction as defined in this chapter.
E. 
Dust. Properties shall be suitably improved and maintained with appropriate landscaping, plantings, or other materials to minimize windblown dust and other particulate matter.
F. 
Odor. It shall constitute a nuisance for any person, firm, or corporation to permit the emission of any odor that, as measured at the individual property line, offensively affects the sense of smell.
G. 
Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.