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.
A.
Building and structure height. No building or structure shall hereafter
be erected or altered to exceed in height the limit designated for
the district in which it is located.
B.
Space and area regulations. 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 designated herein, for the district
in which it is located.[1]
C.
Yard as related to a building or structure. No part of a yard or
other open space required appurtenant to any building or use shall
be included as a part of a yard or other open space required for any
other building 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, except as specific
provision is made therefor.
E.
Lots bordering major streams. No building permit shall be issued
for the construction of any permitted principal or accessory use in
any district within 75 feet of the normal water edge of the main stream
and within 40 feet of the normal water edge of tributary branches
of any streams in the Town of North East, unless specifically permitted
by the Board of Appeals.
[Added 3-10-2011 by L.L. No. 1-2011]
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.
