Northeast Town City Zoning Code

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.

Required yards.

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.

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.

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:

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:

Yard exceptions.

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.

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.

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.

Junkyard.

Quarry, sand pit, gravel pit, topsoil stripping (as a principal use)

Shooting range.

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)

Vape store and any tobacco specialty business.

Agricultural (A5A) District.

Very Low Density Residential (R3A) District.

Low Density Residential (R1A) District.

Medium Density Residential (R20,000) District.

Residential lot clustering.

Boulevard District West (BD-West).

Boulevard District East (BD-East).

Boulevard District 4 (BD-4).

Alternative land use development performance modifications: Boulevard West and East Districts.

Irondale Business (IB) District.

Light Industrial (M-A) District.

Land Conservation (LC) District.

Entrances and exits upon public streets.

Sidewalks.

Open outside storage.

Fire-resistant construction. All building construction shall be fire-resistant construction as defined in this chapter.

Dust. Properties shall be suitably improved and maintained with appropriate landscaping, plantings, or other materials to minimize windblown dust and other particulate matter.

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.

Vibration. No activity shall cause or create a steady state or impact vibration discernible at any lot line.

All special permit uses cited in Article V of this chapter shall be subject to review and approval by the Planning Board-in accordance with the standards and procedures set forth herein.

In all cases where this article requires a special use permit, a special use permit application shall be initially submitted to and reviewed for general completeness by the Zoning Enforcement Officer and referred by the Zoning Enforcement Officer to the Planning Board for its consideration. No building permit or certificate of occupancy shall be issued by the Zoning Enforcement Officer and/or Code Enforcement Officer except upon authorization of, and in full conformity with, plans approved, and conditions imposed, by the Planning Board.

As provided by § 180-33, all uses requiring the issuance of a special use permit are additionally subject to site plan review and approval, as described in Article VII of this chapter.

The location and size of the use, the nature and intensity of the operations involved, the size of the site in relation to the use and the location of the site with respect to existing and future streets and roads providing access shall be in harmony with the orderly development of the district in which the proposed use would be located.

The location, nature and height of the buildings, structures, equipment, walls and fences and the nature and intensity of intended operations will not discourage the appropriate development and use of adjacent land and buildings or impair the value thereof.

All proposed traffic accessways shall be adequate but not excessive in number; adequate in width, grade, alignment, and visibility; sufficiently separated from street intersections and places of public assembly; and meet similar safety considerations.

Adequate provisions for safe and accessible off-street parking and loading spaces shall be provided to prevent parking in public streets of the vehicles of persons associated with or visiting the use.

All parking and service areas shall be screened at all seasons of the year from the view of adjacent residential lots and streets or roadways, and the general landscaping of the site shall be in character with that generally prevailing in the neighborhood. Such landscaping shall include the preservation of existing trees to the extent practicable.

All proposed buildings, structures, equipment and/or material shall be readily accessible for fire and police protection.

The character and appearance of the proposed use, buildings, structures and/or outdoor signs shall be in general harmony with the character and appearance of the surrounding neighborhood, shall not be more objectionable to nearby properties by reason of noise, fumes, vibration or flashing lights than would the operations of any permitted principal use and shall not adversely affect the general welfare of the inhabitants of the Town of North East.

The use shall meet the prescribed area and bulk requirements for the district in which it is located, or as further specified in the supplementary regulations, including such matters as minimum setback, maximum height, required off-street parking and sign regulations.

The level of services required to support the proposed activity or use is, or will be, available to meet the needs of the proposed activity or use. This consideration shall include the suitability of water supply and sanitary sewage facilities, whether private or publicly provided, to accommodate the intended use.

The use shall be carried out in a manner compatible with its environmental setting and with due consideration of the protection of natural resources.

The Planning Board may impose additional conditions and restrictions upon the special permit as may be reasonably necessary to ensure continual conformance with all applicable standards and requirements, including reasonable assurance that these conditions and restrictions can be responsibly monitored and enforced.

Application and fee. All applications made to the Planning Board shall be in writing, on forms and in accordance with the schedule prescribed by the Planning Board and to be considered complete, shall, except as may be waived by the Planning Board on a case-by-case basis due to the minor nature of the specific request, include the following:

Public notice and hearing. The Planning Board shall within 62 calendar days of receipt of a complete application conduct a public hearing on any such special use permit application. The Planning Board shall provide a copy of the notice of said hearing to the applicant, and at such hearing the applicant shall appear in person or by agent. The Planning Board shall additionally provide notice as follows:

Required referral to dutchess county department of planning.

Decisions. Every decision of the Planning Board with respect to a special use permit application shall be made by resolution within 62 calendar days of the close of the public hearing, which resolution shall clearly state the decision, including findings, and any conditions attached thereto. The time within which the Planning Board must render its decision may be extended by mutual consent of the applicant and the Planning Board. Each such decision shall be filed with the office of the Town Clerk within five business days after the decision is made. Copies shall also be sent to the applicant and to the Town's Zoning Enforcement Officer and Code Enforcement Officer.

Consultant review. In its review of an application for special use permit, the Planning Board may consult with the Town Zoning Enforcement Officer and/or Code Enforcement Officer, the Superintendent of Highways, the Conservation Advisory Council, the Dutchess County Health Department, other local and county officials and its designated private planning and engineering consultants, attorney to the Planning Board, agencies and or other experts as deemed necessary, in addition to appropriate representatives of state agencies including but not limited to the Department of Transportation, the Health Department and the Department of Environmental Conservation.

Reimbursable costs incurred by the Planning Board for private consultation fees or other extraordinary expenses in connection with the review of a special use permit application shall be charged to the applicant as set forth in Chapter 92, Article I, Reimbursement of Professional Fees. Such reimbursable costs shall be in addition to the required application fee. The maximum amounts for such reimbursable costs by project type and size shall be in accordance with the fee schedule established, maintained and annually reviewed by the Town Board. Said fee schedule shall include the requirement that an escrow account be established upon the Planning Board receipt of the application to cover the anticipated costs of such consultant review and other expenses.

In addition to compliance with all other applicable provisions of this chapter, and all other local, county and state laws, rules and regulations, no building permit shall be issued for any structure regulated by this article until such special use permit has received Planning Board approval and a copy of a resolution to that effect has been presented to the Code Enforcement Officer.

No certificate of occupancy shall be issued for any structure or use of land covered by this article until the structure is completed or the land developed in strict accordance with the Planning Board resolution of special use permit approval and other applicable requirements of this chapter.

Any use for which a special use permit has been granted shall be deemed a conforming use in the zoning district in which it is located, provided that such special use permit shall be deemed to affect only the lot or portion thereof for which such special use permit has been granted.

The Planning Board may require in its resolution of approval that a special use permit be renewed periodically. Such renewal may be withheld only after public hearing and upon specific determination by the Planning Board that such conditions as may have been prescribed in conjunction with the issuance of the original permit have not been, or are no longer being, complied with. In such cases, a period of 60 calendar days shall be granted for full compliance by the applicant prior to consideration of the revocation of the special use permit.

Application to Zoning Enforcement Officer.

Action of the Planning Board.

Statement of use. A written statement, signed by the applicant and by the owner if different from the applicant, describing the following in sufficient detail to determine compliance with the provisions of this chapter, including the use provisions applicable in the district, and to establish the plan and development program basis for review of the site plan submission; four copies shall be submitted:

Vicinity maps. A map drawn to a scale of 2,000 feet to the inch or larger, showing the relationship of the proposal to existing community facilities that may affect or serve it, such as roads, shopping areas, schools, etc., which map may be superimposed on a United States Geological Survey Map; and a map drawn to a scale of 400 feet to the inch or larger showing the lot for which the site plan is proposed and all property lines and lots, subdivisions, street rights-of-way and easements within 500 feet of the lot, which map may be based on the Property Tax Assessment Map of the Town.

Site plan. A site plan drawn at a scale of not less than 50 feet to the inch. The site plan shall be prepared by a professional engineer, architect and/or land surveyor licensed to practice in the State of New York and as required by law. The site plan, including details and specifications, shall show all of the following information, both existing on the premises and proposed to be established, and clearly distinguishing between existing and proposed, as applicable to the particular application; four copies shall be submitted.

Architectural plans. Architectural plans of all proposed buildings and structures, and signs and outdoor illumination facilities unless otherwise provided in connection with the site plan, as applicable to the particular application, which plans may be preliminary in form but shall include exterior elevation drawings, floor plans and perspective drawings in sufficient detail to indicate the exterior building materials, color, height, bulk, stories, roofline, ornamentation and general character and the interior uses of the floor area, all prepared, except for drawings for signs, by an architect or professional engineer licensed to practice in the State of New York; four copies shall be submitted. All revisions shall be numbered, dated and notated.

Traffic impact report. For proposed site development involving 50 or more new parking spaces or proposed uses projected to generate either more than 200 vehicle trips per day or more than 100 vehicle trips per day per 1,000 square feet of floor area, a traffic impact report, prepared by a licensed engineer recognized as a traffic engineer, indicating the expected average daily vehicular trips and peak hour volumes to be generated by all of the uses on the lot and the access conditions at the lot, distribution of such traffic to be generated, types of vehicles expected, effect upon the level of service on the street giving access to the lot and at nearby intersections and recommended access and street improvements to avoid congestion and provide safe and convenient access, taking into account the site-generated trips and the traffic on the street and at nearby intersections projected to the date of occupancy of the site.

General. In acting on any proposed site plan submission, the Planning Board shall take into consideration the requirements of the Comprehensive Plan and any supplements thereto adopted by the Board, as well as the Official Map as it may be adopted by the Town Board. Site plans shall conform to all other provisions of this chapter and to the standards hereinafter specified.

Neighborhood. The site plan and architectural plan shall be of a character as to harmonize with the neighborhood, to accomplish a transition in character between areas of unlike character, to protect property values and to preserve and enhance the appearance and beauty of the community.

Access and circulation. Provision shall be made for vehicular access to the lot and circulation upon the lot in such a manner as to safeguard against hazards to traffic and pedestrians in the street and upon the lot, to avoid traffic congestion on any street and to provide safe and convenient circulation upon the lot. Access and circulation shall also conform to the following:

Existing streets. Where the lot has frontage on an existing street, proper provision shall be made for grading and improvement of shoulders and sidewalk areas within the right-of-way of the street and for provision of curbs and sidewalks in accordance with the pattern of development along the street. Where necessary to provide for suitable access or for a system of neighborhood circulation streets, provision shall also be made for appropriate continuation and improvement of streets terminating at the lot where the use is to be located.

Parking and loading. Off-street parking and truck loading spaces shall be provided in accordance with § 180-50. Whenever possible, area on the lot shall be provided for any truck maneuvering necessary to use off-street truck loading spaces. Truck loading spaces and maneuvering areas shall have dimensions sufficient to accommodate the type and size of truck expected at the premises.

Drainage.

Soil erosion and sediment control. Provision shall be made for soil erosion and sediment control, prior to commencement of construction and during and upon completion of construction, in accordance with the current edition of Soil Erosion and Sediment Control Guidebook, published by the Dutchess County Soil and Water Conservation District.

Wetlands and watercourses. Where wetlands and/or watercourses are located on or adjacent to the lot, provision shall be made for their protection in a natural state unless modification is approved by the Planning Board and, when subject to regulatory jurisdiction by a Town, county or state agency, is approved by such agency prior to site plan approval.

Special flood hazard areas. When any part of the lot is located within an area of special flood hazard, the site plan shall conform to the requirements of Chapter 95, Flood Damage Prevention.

Fire protection. Proper provision shall be made for fire protection facilities and access, taking into account any recommendations of the Chief of the Fire Department serving the Town of North East and including the following:

Sanitation. Provision shall be made for water supply, sewage disposal, control of wastes and protection of water quality in accordance with the following criteria:

Landscaping. Landscaping shall be provided and permanently maintained on the lot to conform to the standards of § 180-36A and B and the following:

Lighting. The location, height design, direction, and brightness of outdoor illumination (area lighting, floodlighting and illumination of signs) shall be arranged and maintained as follows:

Signs. Any signs to be established on the lot shall be part of the site plan submission and shall conform to the standards of § 180-55.

Buildings and structures. Buildings and other structures shall have an exterior design, including finish and color, that conforms to § 180-36A and B. The exterior walls of any building that are visible from any street or any other lot shall present a finished appearance by means of materials consistent with the design of the building as a whole. No mechanical equipment shall be located on the roof of a building if visible from any street unless such equipment is housed or screened from view in a manner consistent with the architectural design of the building.

Nonconformity. After public hearing as provided in § 180-34B(3), the Planning Board may approve a site plan authorizing the erection, moving or alteration of buildings and structures on a lot having existing site development which fails to conform to the standards of this article and/or authorizing continuation, enlargement, extension, moving or reconstruction of existing site development which fails so to conform if the Planning Board finds that the following standards are met:

Expiration. A site plan shall be deemed to authorize only the site development expressly specified on the approved site plan and shall expire if the approved site development has not commenced (evidenced by obtaining associated zoning and building permits) and diligently pursued within one calendar year of the date of issuance of the site plan approval. Upon prior written request to the Planning Board, including a statement of justification for the requested time extension, the time period for initiation of the site plan may be extended once for a maximum period of one calendar year from its otherwise specified expiration date.

Revocation. In all instances, including those cited above, a site plan may be revoked by the Planning Board after public hearing, if it is found and determined that there has been a substantial failure to comply with any of the terms, conditions limitations and/or requirements imposed by said site plan approval.

At the discretion of the Planning Board, final site plan approval including public infrastructure such as a sidewalk, and improvements may be granted subject to the prior establishment of a performance bond or other surety sufficient to cover the full cost of installation of the same by the Town, in accordance with the procedures set forth in Chapter 150, Subdivision of Land, §§ 150-27 and 150-28, of the Town Code. The amount and sufficiency of such a performance guarantee shall be determined in accordance with the procedures set forth in those sections of the Town Code.

No certificate of occupancy shall be issued until all required public infrastructure and improvements as shown on the site plans have been installed and approved as to sufficiency of installation and operation by the Town Engineer.

The Planning Board may also require other financial guarantees (bonds) regarding stormwater management controls and soil and erosion and site stabilization controls.

Purpose. A country inn is a use that occupies and provides for rehabilitation of the premises of an existing large residential structure located in the Agricultural (A5A) District or the Very Low Density Residential (R3A) District, with access on arterial highway Route No. 22, 44 or 199. The primary purpose of the country inn shall be the service of food and lodging to transients while maintaining the rural appearance and character of the area. A country inn is a use considered under special permit and licensing procedures in order that a determination is made that the use conforms to the standards of Article VI and the purpose and standards specified in this section, and that the use in its particular location, and in its operation, is consistent with the purpose and intent of this chapter.

Tract. A country inn use shall be located on a lot of at least 20 acres having a frontage of 400 feet or more on arterial highway Route No. 22, 44 or 199 and shall have adequate access to said highway.

Country inn premises.

Yards: front, rear and side. There shall be front, rear and side yards of a minimum of 100 feet in depth, into which there shall be no encroachment by buildings, structures, recreation facilities, pavement or parking spaces, other than access drives to the arterial highway or permitted signs.

Landscaping.

Parking. Refer to "Attachment 1P – Schedule of Off-Street Parking Spaces" and § 180-50, Off-Street Parking and Loading. Parking shall be strictly limited to designated off-street parking spaces.

Illumination. Outdoor illumination, including illumination of signs, shall be designed to avoid sky glow and disability veiling glare, as well as trespass illumination at the boundary of the tract. Luminaires shall be located or shielded so as to deliver no more than 0.05 footcandle of illumination at the property line, measured in both a horizontal and vertical plane at such line. Illumination of signs shall be limited to floodlighting and floodlighted background silhouette signs.

Noise. Provision to be made for music, entertainment or other unusual sources of sound in connection with the use shall be specified at the time of application for the special permit or any amendment thereto. There shall be no electronic sound speakers located outdoors. No continuous sound or frequent impulse sound shall be generated by the use and transmitted outside the lot as to exceed 55 decibels between 7:00 a.m. and 10:00 p.m. and 45 decibels between 10:00 p.m. and 7:00 a.m., or greater than five decibels above the ambient noise at the point on the boundary of the lot where measured, whichever is greater.

Site plan; codes. The site plan submission specified in Article VII is required in connection with an application for a special permit for a country inn use. A complete plan of existing and proposed landscaping shall be included in the site plan submission. In addition, the applicant shall demonstrate that the proposed use, including rehabilitation of the farmhouse premises and new construction, can be completed in a manner to conform to all current requirements of the New York State Sanitary Code, the Fire Code, the Dutchess County Department of Health, the access requirements of the owner of the arterial highway and other applicable codes, statutes, ordinances and laws. In its site plan approval process, the Planning Board shall have the authority to limit the maximum number of permitted parking spaces so as to ensure that the use of the premises will be consistent with the purposes set forth in § 180-40A of this chapter.

License required for country inn.

Shall include no more than two drive-through lanes per establishment.

Shall be separated from other internal site circulation lanes and shall include appropriately located and designed bypass lanes.

Shall be designed to prevent circulation congestion, both on site and on adjacent streets. The design shall be integrated with the on-site circulation pattern and shall not enter or exit directly into a public street.

Shall not encroach into any required minimum yard setback area and shall be designed in a manner that minimizes impacts on adjacent properties from noise, exhaust fumes and vehicle headlights from vehicles as they queue to wait for drive-through services.

Shall not encroach, impede, or obstruct access into or out of parking spaces, pedestrian walkways or loading and service areas.

Shall be clearly delineated from internal circulation traffic aisles, other stacking lanes and parking areas with stripping, curbing, landscaping, and the use of alternative paving materials or landscaped raised medians. The beginning of the drive-through lane shall be clearly marked with appropriate signage and/or line stripping.

Shall be designed and placed to minimize their crossing of pedestrian walkways or otherwise impeding pedestrian access. Where pedestrian walkways cannot be avoided crossing a drive-through lane, the walkways shall have clear visibility and shall be delineated by physical and visual separation between the two, such as textured and colored paving.

Shall not interfere with or obstruct loading and refuse storage areas and loading and refuse operations shall not impede or impair vehicular movement through drive-through lanes.

Shall not be located adjacent to permitted and approved outdoor dining areas.

Shall have a minimum lane width of 12 feet, a minimum interior radius at curves of 10 feet, a minimum distance from the lane entrance to the street access of 50 feet (measured from the center points of the entrance lane to the street intersection at the street right-of-way line).

Shall include vehicle queuing or stacking capacity so that vehicles do not overflow into on-site parking aisles or into an abutting street right-of-way.

Shall provide a minimum number of queuing spaces as per § 180-50B(4) of this chapter and each queuing space shall be a minimum of 20 feet in length.

Shall permit no more than a single (one) menu board with or without an intercom. Any intercom system shall not play continuous or prerecorded audio or video. Related speaker systems shall emit no more than 55 decibels and at no time shall any speaker system be audible above daytime ambient noise levels beyond the subject property. The system shall be designed to compensate for ambient noise levels in the immediate area. A menu board shall be fixed and not incorporate or include any video, animated, blinking, flashing, rotating or otherwise moving or changing lights, displays, images, effects, or messages. A menu board shall list menu options only, no other advertisement permitted. Menu board lighting shall not include neon or unshielded light sources.

Shall have hours of use as set by the Planning Board, which shall not be any earlier than 6:00 am and no later than 12:00 am (midnight).

Cellar occupancy prohibited. It shall be unlawful to occupy all or any part of a cellar for sleeping purposes.

Basement occupancy. Any basement area used for sleeping purposes shall have not less than two means of egress, at least one of which shall be a door giving access to an open area whose surface is at least eight inches below the level of the basement floor. Each basement room used for living purposes shall have a window area, opening to the outside, equal to not less than 1/10 of the floor area of such room.

Location. No special permit shall be granted for the construction or expansion of a school or an educational center unless the associated property has a minimum of 400 feet of frontage on a road with suitable and appropriate ingress and egress.

Coverage and bulk. The maximum coverage shall be 5%. The maximum floor area ratio shall be 0.05.

Yards, front, rear and side. No part of any building or structure, pavement or parking space shall extend nearer than 200 feet to a property line or sideline of a street or 250 feet from the center line of a street, whichever requires the greater setback from the street line.

Structures. No more than one structure shall be used for administration, housing of students and faculty or dining halls per five acres of site area. Structures shall meet all requirements of the New York State Sanitary Code, Fire Code, and all other applicable regulations.

No dwelling shall be erected on a lot which does not abut on at least one street for a distance of not less than 40 feet.

No dwelling may be built or erected directly behind another dwelling having access on the same street and within 200 feet thereof. "Directly behind another dwelling" means with more than 1/2 the width of the structure so placed.

No building in the rear of a main building on the same lot may be used for residential purposes, except for domestic employees of the occupants of the main building.

Shall be located on the same premises as the principal restaurant and under the same ownership and operation.

Shall be utilized solely for the consumption of food and beverages prepared, served and sold on the premises of and by the associated principal restaurant use.

Shall be located so as not to create hazardous sight-line conditions for motor vehicle traffic, or to obstruct access to and from the establishment, other establishments on the premises or neighboring establishments.

Shall be located directly adjacent to and in common with the principal restaurant use on a stable base, such as a constructed deck, porch, terrace, or patio area.

Shall be in accordance with the Americans with Disabilities Act (ADA) and shall provide direct pedestrian access to and from the restaurant.

Shall not be located within a designated off-street parking or loading area, designated walkway required to provide pedestrian ADA access or access into a building, principal building required yard setback area, required landscaping area, area devoted to septic disposal or water supply, or as otherwise determined inappropriate by the Planning Board.

Shall be permitted only where evidence of sufficient water supply and sewage disposal capacity for all indoor and outside seating at full occupancy can be provided.

Shall be adequately screened and buffered to protect adjacent properties from visual, lighting, noise, odor, and other environmental impacts.

Shall be adequately separated and contained to prevent conflicts with vehicle parking and traffic flow, utilizing decorative fencing, stone walls, a variety of native evergreen and deciduous landscaping, building and structural features (trellises, awnings), or combination thereof.

Shall properly maintain in a neat and good working condition all associated awnings, umbrellas, heating units and other similar features, and such shall be stored indoors during the offseason.

Shall provide off-street parking proportionally to the gross floor area and maximum permitted outdoor seating capacity as set forth in § 180-50 of this chapter.

Shall provide and maintain any exterior lighting in compliance with the outdoor lighting standards set forth in § 180-53 of this chapter.

Shall not be permitted to utilize sound amplification and public address systems.

Shall be operated according to the hours of permitted use as set by the Planning Board, which shall not be any earlier than 7:00 am and no later than 10:00 pm.

Except as provided in Article V, no mobile home shall be parked or occupied in the Town of North East outside of an approved mobile home park for more than 48 hours, except upon a special permit issued by the Town Board. Such permit shall be issued for a period not to exceed 30 days and shall not be renewable within the same calendar year.

As an exception to Subsection A above, a permit may be issued for parking and occupying a mobile home on land owned by the occupant or occupants during the construction of a house thereon or, in the event of any emergency as determined by the Town Board, for a period not exceeding 180 days. However, if material progress with house construction work ceases for a consecutive period of 45 days, such permit shall become void.

Also as an exception to Subsection A above, a permit may be issued for parking a mobile home or mobile homes if said mobile homes are used specifically to house persons employed in agriculture on the farm where the mobile home or mobile homes are located, provided that:

Also as an exception to Subsection A above, individual mobile homes so located prior to adoption of this chapter may be replaced on their present sites with mobile homes no less than 720 square feet in area.

The provisions of § 180-47D(4) and (5) shall apply to all individual mobile homes.

License required for a mobile home park.

Required application information. Any applicant for a mobile home park license shall state that he, as agent or owner, shall be responsible for the proper maintenance and upkeep of the proposed park, and shall furnish the following information:

Park plan.

Additional provisions. Each mobile home park and each individual mobile home shall be provided with sanitary conveniences, services and utilities, including water supply, sewage disposal and garbage disposal commensurate with the following:

Nonconforming mobile homes and parks. Mobile homes presently located in nonconforming mobile home parks may be replaced on existing lots within said mobile home parks; however, any expansion or additions to said mobile home park must conform to the regulations provided in this chapter.

Hotel rooms shall be accessed from an interior common lobby or hallway.

Hotel sleeping accommodation may include limited kitchen facilities (i.e., coffee pots, small refrigerators, microwave) but shall not be used as apartments for non-transient tenants, shall not contain more than two rooms and shall not be connected by interior doors in groups of more than two.

A hotel may consist of one or more separate buildings provided all buildings are on the same lot and commonly owned or leased by the same entity.

No guest accommodation shall be offered or operated in any manner which permits the establishment of a tenant/landlord relationship or legal residence by any such occupant.

Each sleeping accommodation unit shall have an area of at least 300 square feet, including a bath facility with a shower or bath, one toilet and sink.

All hotels shall be equipped with sprinklers and fire alarm systems.

Accessory uses may include but not limited to indoor swimming pool, fitness/exercise room, lounge, sundry retail covering an area of less than 200 square feet, meeting/conference rooms, restaurant, banquet facilities.

All accessory uses on the site shall be of the same general appearance and character, planned as an integral part of, and located on the same lot as the principal hotel. The organization of buildings, driveways, parking areas, sidewalks, service areas, and other site components shall have a functional, safe, and harmonious interrelationship and be compatible with existing site features and adjacent on-site and off-site buildings.

Noise. Provision to be made for music, entertainment, or other unusual sources of sound in connection with the hotel use shall be specified at the time of application or any amendment thereto. There shall be no electronic sound speakers located outdoors.

In all districts, on a corner lot, within the triangular area formed by the center lines of streets from their intersection, as shown on the schedule below, there shall be no obstruction to vision between the height of 3 1/2 feet and the height of 10 feet above the average grade of each street at the center line thereof. The requirements of this section shall not be deemed to prohibit the construction of any necessary retaining wall.

Sight distance for various street widths.

Purpose and intent. The purpose of these off-street parking and loading standards is to ensure such are treated as accessory uses properly placed in relation to buildings and the abutting street to minimize their visibility and avoid visual impacts caused by vehicle headlights and parking lot lighting. Also, to ensure such facilities are designed so not to visually dominate a lot; are designed to be complementary to buildings and other site improvements; include quality landscaping minimizing associated visual, stormwater runoff and microclimate impact conditions; protect the cultural and environmental character of the area by improving the visual appearance of the lot and surrounding area; and conserve the value of associated and surrounding land and buildings.

Minimum accessory off-street parking and loading required.

Off-street parking and loading facility setbacks and location.

Off-street parking and loading design standards.

Maintenance of off-street parking and loading facilities required.

Alternative and deferred off-street parking and loading space provisions.

Purpose and intent.

Applicability. These landscaping standards shall apply to all uses (principal and accessory) for which special permit and/or site plan approval is required in all zoning districts. A landscaping plan as required by these standards commensurate with the scope and content of an application for site plan approval shall be submitted with such application.

Landscaping design standards.

Landscape buffers and screens.

Pedestrian walkways and parking areas.

Landscaping plan requirements.

Landscaping compliance and inspections.

General standards.

Motor vehicle body shop specific standards.

Motor vehicle repair shop specific standards.

Motor vehicle sales and rental specific standards.

Purpose and intent. The purpose of these outdoor lighting standards is to provide regulations which will protect the health, safety and welfare of the general public, conserve valuable energy resources, prevent light trespass from interfering with our quality of life, protect our ecological and natural resources, and preserve the ability to view the celestial features of the night sky for present and future generations. These provisions are designed so that outdoor lighting will be protective of the environment by applying to all new construction and when current outdoor lighting fixtures that are not in compliance with these standards are replaced. These standards provide for the following:

Applicability.

Design standards for all outdoor lighting installations.

Residential lighting standards. All residential lighting as defined by this chapter shall additionally comply with the following standards.

Non-residential lighting standards. All non-residential lighting as defined by this chapter shall additionally comply with the following standards.

Lighting plan and detail specifications.

Dark-sky acceptable and unacceptable light fixtures. All new and replacement light fixtures shall be dark-sky compliant consistent with these outdoor lighting standards. The diagram below illustrates examples of compliant and noncompliant dark-sky lighting fixtures and is intended for expository purposes and does not guarantee that any particular light fixture is acceptable.

Purpose. Uncontrolled land clearing involving excavation and/or deposition of earth materials may cause serious health, safety, and environmental problems, including erosion, siltation, flooding, and other potential harmful effects. It is the purpose of this section to prevent such harmful effects.

Applicability.

Excavation and deposition standards.

Processing standards.

Purpose and intent.

Applicability.

Exempt signs. The following signs are permitted without a Sign Permit and deemed exempt from these sign standards, provided they comply as set forth below:

Prohibited signs. In addition to the signs listed below, any sign not expressly allowed under this chapter shall be prohibited within the Town:

Permitted signs by Zoning Districts.

Temporary signs.

Sign design standards.

Sign Permit required.

Nonconforming signs. In the event a sign lawfully erected prior to the effective date of these sign standards, as amended, does not conform to these sign standards, then such signs shall be deemed to be nonconforming and shall be subject to the following provisions:

Obsolete signs. It shall be the responsibility of the property owner to remove or cause to be removed any sign which no longer identifies or ceases to identify an existing business conducted or product sold on the premises. Any such sign shall be deemed obsolete and shall be removed within 120 days after cessation of such use, activity, or entity.

A home occupation use shall be customarily incidental and subordinate (accessory use) to the primary residential use.

The operation and physical presence of a home occupation shall not change the residential character of the residence or primary residential use. A home occupation shall be conducted entirely within the principal residence building or within an accessory building. There shall be no outside storage or external display of goods used or produced in the home occupation, nor shall there be any advertising display visible from the street except a sign as permitted in § 180-55E(3) of this chapter.

The home occupation use shall be conducted by the resident occupants of the premises. There shall be no more than one nonresident employee involved in the home occupation.

A customary "home occupation" shall not be construed to include that which requires the presence in the home of machinery or equipment normally associated with commercial or industrial activities or that which produces offensive noise, vibration, dust, smoke, odors, heat, glare, or other nuisances.

Purpose. The purpose of this section is to regulate the location and operation of a retail cannabis dispensary to ensure any such use will be in harmony with and will not have a detrimental effect upon the surrounding area and, that both the location and operation are protective of public health and welfare and preserve quality of life.

Retail cannabis dispensaries shall comply with the following supplemental standards:

The dispensary hours of operation shall be limited to between 7:00 am and 9:00 pm daily.

In addition to the required site plan, an operational plan shall accompany an application for dispensary indicating at a minimum, how the facility will be managed related to:

All dispensary facilities shall detail, implement, and carry out a security system utilizing commercial grade equipment to prevent and detect diversion, theft, and loss of cannabis products, including at minimum the following:

The dispensary shall only dispense approved cannabis products in accordance with the applicable laws of New York State. On-site use or consumption of cannabis in any form shall be prohibited.

Product storage, display and sale shall occur wholly within the principal building. No display or products shall be visible to or from the exterior of the building.

The dispensary must provide for secure disposal of cannabis remnants or by-products; such remnants or by-products shall not be placed within the business' exterior refuse containers.

The dispensary shall be ventilated so that the odors cannot be detected by a person with a normal sense of smell at the exterior of the principal building or at any adjoining use or property line.

Prior to permitted operation, an applicant shall provide the Code Enforcement Officer with a copy of a valid New York State Office of Cannabis Management issued license to operate a retail cannabis dispensary, and any subsequent renewed license. Said license shall be posted in a conspicuous place, near the main exit or exit access doorway.

Legislative findings. The Town's Comprehensive Plan states that its primary housing goal is "to provide a variety of housing types to meet the needs of all the residents of the community." To achieve this objective, it is necessary to retain diversity in housing styles, prices and tenures. This will help the community retain a diverse population, maintain its socioeconomic balance and sustain a diverse economy. The Town Board also seeks to promote affordable housing opportunities and encourage the creation of rental residential dwelling units.

Purpose. It is the specific purpose and intent of this section to allow an accessory dwelling unit (ADU), subject to a Zoning Permit, on one-family dwelling lots in all districts that allow one-family dwellings as a permitted principal use and to provide the opportunity and encouragement for the development of small, rental housing units in addition to family multi-generational living accommodations. The enactment of this section is in no way intended to reduce the scope of the permitted use, as of right, of two-family or semidetached dwellings as defined in this chapter. Furthermore, it is the purpose and intent of this provision to provide economic support for homeowners of limited income and to protect and preserve property values. To help achieve these goals and to promote other objectives of this chapter and the Town's Comprehensive Plan, the following specific standards are set forth.

Accessory use. An ADU shall be clearly incidental and subordinate to the principal one-family dwelling use and shall not change the one-family residential character of the neighborhood.

Floor area.

Bedrooms. There shall be a maximum of two bedrooms in an ADU.

One-family character. An ADU shall be clearly incidental and subordinate to the principal dwelling structure and shall not change the single-family residential character of the neighborhood. A dwelling and lot containing an ADU shall maintain the architectural and site character and appearance of a one-family dwelling and shall have only one front entrance, when practicable. A denial by the ZEO pursuant to this subsection may be appealed to the Zoning Board of Appeals consistent with § 180-90 of this chapter.

Location. An ADU shall be permitted within an existing or new one-family dwelling or within an existing or new accessory building. An existing one-family dwelling or existing accessory building may be expanded to include an ADU.

Lot size. The minimum lot size shall conform to the requirements for a one-family dwelling.

Number of dwelling units per lot. Only one ADU per lot shall be permitted. No permit for an ADU shall be issued for a lot where the principal dwelling is other than a detached one-family dwelling.

Parking. Parking requirements shall conform to those set forth in § 180-50.

Adequacy of infrastructure. No permit for an ADU shall be granted in any case where the Dutchess County Health Department has determined that the adequacy of existing or proposed water or sewage systems in question are for any reason not capable of handling the cumulative demand of all property uses.

Construction. The ADU shall be constructed in accordance with all applicable laws, regulations, codes and ordinances, including the New York State Uniform Fire Prevention and Building Code.

General Standards (all day care centers — adult and child).

Adult day care center specific standards.

Child day care center specific standards.

Legislative findings.