A.Â
Except where specifically defined herein, all words
used in this chapter shall carry their customary meanings.
B.Â
Words used in the present tense include the future
tense.
C.Â
Words used in the singular include the plural, and
words used in the plural include the singular.
D.Â
The word "person" includes a firm, association, organization,
partnership, corporation, trust and company as well as an individual.
E.Â
The word "lot" shall include the word "plot" or "parcel"
or "tract,"
F.Â
The word "shall" is always mandatory and not merely
directory.
G.Â
The words "Zoning Map" shall mean the "Zoning Map
of the Town of Kent, New York."
H.Â
Unless the context requires a different interpretation,
any word denoting gender includes the female and the male.
I.Â
The term "Town Board" shall mean the Town Board of
the Town of Kent, New York.
J.Â
The term "Planning Board" shall mean the Planning
Board of the Town of Kent, New York.
K.Â
The terms "Zoning Board of Appeals," "Board of Appeals,"
and "Zoning Board" shall mean the Zoning Board of Appeals of the Town
of Kent, New York.
L.Â
The term "Building Inspector" shall mean the Building
Inspector of the Town of Kent, New York.
M.Â
The term "Code Enforcement Officer" shall mean the
Code Enforcement Officer of the Town of Kent, New York.
N.Â
The term "Town Code" shall mean the Town Code of the
Town of Kent.
Unless otherwise expressly stated, the following
terms shall, for the purposes of this chapter, have the meanings herein
indicated:
A subordinate structure detached from but located on the
same lot as the principal structure, the use of which is incidental
and accessory to that of the principal structure.
See "use, accessory" definition below.
Contemporary use of an existing building or structure, in
accordance with the allowable uses under this chapter, for a use other
than that for which it was originally designed, intended or occupied,
e.g., use of a former dwelling as an office. This shall include the
expansion of the existing building or structure by not more than 25%
of the existing gross floor area. An expansion of an existing building
or structure by more than 25% shall be deemed to be a "redevelopment."
The employment of land, including for the primary purpose
of obtaining a profit in money, for raising, harvesting, and selling
crops, or feeding, including but not limited to, grazing, breeding,
managing, selling or producing livestock, poultry, fur-bearing animals
or honeybees, or by dairying and the sale of dairy products, by any
other horticulture, floriculture or viticulture, aquaculture, hydroponics,
silvaculture, animal husbandry, or by a combination thereof. It also
includes the employment of land, including for the primary purpose
of obtaining a profit, for stabling or training equines, including
but not limited to providing riding lessons, training clinics and
schooling shows, including other on-farm niche marketing promotions.
Shall mean a district established pursuant to Article 25-AA
of the Agriculture and Markets Law.
A residential facility which includes but is not limited
to family care homes for the elderly (55 years of age or older), private
property homes for the elderly (55 years of age or older), proprietary
homes for the elderly (55 years of age or older), proprietary residences
for the elderly (55 years of age or older), nursing homes, domiciliary
care facilities and like facilities.
A change to, modification of, or addition to the parts of
a structure or man-made improvement other than normal maintenance
or repairs, or the moving of a building from one location to another.
Man-made trees, clock towers, bell steeples, light poles
and similar alternative-design mounting structures that camouflage
or conceal the presence of antennas or towers (see also "stealth technologies").
A device that converts radio frequency electrical energy
to radiated electromagnetic energy and vice versa for television,
radio, data, imagery, telephone or other forms of telecommunications,
including receiving and transmitting antenna, and satellite dish antenna.
An antenna, other than a satellite dish antenna, used exclusively
to receive radio, television programming, or any other electromagnetic
signal.
An antenna with a reflective surface used to receive and/or
transmit radio or electromagnetic waves from and/or to an orbiting
satellite.
See "communication tower."
An antenna used to transmit and/or transmit and receive radio
or electromagnetic waves.
A second dwelling unit added to an existing single-family
detached dwelling for use as a complete, independent living facility
with provision within the accessory dwelling unit for cooking, eating,
sanitation, and sleeping. Such a dwelling shall be clearly accessory
and incidental to the principal dwelling.
A structure used as a work place by an artist, artisan, or
craftsperson, including persons engaged in the application of fine
arts such as, but not limited to, drawing, vocal or instrumental music,
painting, sculpture, and writing.
Any premises used for spectator presentations, such as concerts,
theatrical performances, lectures and similar cultural events, containing
seats permanently affixed to the floor.
A lot where motor vehicles are disassembled, dismantled,
junked or wrecked or where inoperative motor vehicles or used parts
of motor vehicles are stored.
An establishment which sells baked goods directly to the
public on premises. Goods may or may not be baked on premises.
An establishment which produces and sells baked goods primarily
to other establishments, produced primarily for sale off the premises
and only incidentally directly to the public on the premises.
The height of the mean high water level along a stream or
watercourse.
An entity that accepts deposits and makes loans, and includes
monetary services such as the redemption of travelers checks or money
orders, wire transfers, check cashing, and currency exchange.
The portion of a building that is partly below grade which
has more than half of its height, measured from floor to ceiling,
above the average finished grade of the ground adjoining the building.
An establishment licensed under the laws of New York State
primarily for the sale and consumption on premises of alcoholic or
nonalcoholic beverages and which may provide live entertainment. Food
may also be served, but it is secondary and incidental to the business.
A grill, nightclub, cabaret, saloon, pub, public house, beer garden
or similar establishment shall be considered to be a "bar" or a "tavern."
An owner-occupied residence resulting from a conversion of
a one-family dwelling, used for providing overnight accommodations
and a morning meal to not more than 10 transient lodgers, and containing
at least three but not more than five bedrooms for such lodgers, and
where rooms are rented to guests for a maximum stay of two weeks,
and where meals are only to be provided to guests A bed-and-breakfast
does not qualify as a home occupation use.
Any room which might, in the judgment of the Planning Board,
the Building Inspector or the Code Enforcement Officer, be used or
be altered by minor modifications to be used as a sleeping room. All
dwelling units shall be rated as having at least one "bedroom" (example:
studio apartment).
Any sign which directs attention to a business, commodity,
service, entertainment or attraction sold, offered or existing elsewhere
than upon the same lot where such sign is displayed or only incidentally
upon such lot.
A building in which at least three but not more than six
rooms are offered for rent for compensation, whether or not table
board is furnished to lodgers, and in which no transients are accommodated
and no public restaurant is maintained.
A collector street that includes a landscaped median along
its length.
A collector street that includes a landscape median at its
intersection with another street.
Any structure having a roof supported by columns, poles or
walls, used and intended to be used for the shelter of persons, animals
or property and used for residential and nonresidential purposes.
A detached subordinate building on a lot, the use of which
is customarily incidental to that of the main or principal building.
An example would be, on a premises in use for single-family occupancy,
a garage, shed or similar nonhabitable structure used for the storage
of automobiles, tools, personal effects, etc., but not including the
storage of tools, machinery or other items used in a business or trade
not related to the single-family use of the property, and not including
additional separate living quarters or accommodations such as an apartment.
The space remaining on a lot after subtracting the constrained
land area and the areas required for an approvable on-site water supply
facility and sewage treatment system, and after the minimum yard,
area and bulk requirements of this chapter or allowed under a variance
granted by the Zoning Board of Appeals have been met. The buildable
area shall be contiguous and unbroken, shall have a shape consisting
of not less than four sides in which any one side shall have a length
of not less than 50 feet.
The number of potential building lots or the maximum unit
density for a proposed subdivision after deduction of constrained
land areas and public improvements on the parent parcel, and the minimum
yard, area and bulk requirements for each proposed lot have been met.
A building surrounded by open space on the same lot.
The line of that face of the building nearest the front line
of the lot. This face includes sun parlors and covered porches, whether
enclosed or unenclosed, but does not include steps.
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A building, structure or other improvement that does not
conform to the area, yard or bulk regulations of this chapter.
The Building Inspector of the Town of Kent appointed pursuant to Chapter 27 of the Code of the Town of Kent.
Any use or business that:
Is any use of land, structure or location which,
by the provisions of the Penal Law, is required to restrict the access
thereto by minors; or
Is an establishment, location, building or structure
which features topless dancers, nude dancers or strippers, male or
female; or
Is a location, building or structure used for
presenting, lending or selling motion picture films, videocassettes,
cable television or any other such visual media, or used for presenting,
lending or selling books, magazines, publications, photographs or
any other written materials distinguished or characterized by an emphasis
of matter depicting, describing or relating to specified sexual activities
or specified anatomical areas as defined herein:
Is the use of land, structures or location for
an adult entertainment business as defined herein:
ADULT ENTERTAINMENT BUSINESSIncluding adult bookstores, adult video stores, adult theaters, adult cabarets, adult physical contact establishment, and nude modeling studios, shall be defined as follows:
ADULT BOOKSTOREAn establishment having as a substantial or significant portion of its stock-in-trade books, magazines and other periodicals which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT VIDEO STOREAn establishment having as a substantial or significant portion of its stock-in-trade video films, videocassettes or other films for sale or rental which are distinguished or characterized by their emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas as defined herein.
ADULT THEATERAn establishment which regularly features live performances, films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions characterized by an emphasis on the depiction or description of specified sexual activities or specified anatomical areas as defined herein. An "adult theater" shall also include drive-in theaters and establishments where such materials or performances are viewed from one or more individual enclosures or booths.
ADULT CABARETAn establishment which features live entertainment including topless dancers, exotic dancers, strippers, male or female impersonators or similar entertainers whose performances are characterized by partial or full nudity.
ADULT PHYSICAL CONTACT ESTABLISHMENTAny establishment which offers or purports to offer massage or other physical contact to patrons of either gender by employees or staff of either gender. Medical offices, offices of persons licensed or authorized under the Education Law to practice massage therapy, offices of persons licensed or otherwise authorized by the Education Law as physical therapists or physical therapist assistants and electrolysis, martial arts, judo and dance studios are not to be considered adult physical contact establishments.
Open space, landscape areas, fences, walls, berms or any
combination thereof used to physically separate or screen one use
or property from another use or property so as to visually shield
or block noise, light, or other nuisances.
Any land, including any building thereon, used for any assembly
of persons for what is commonly known as "day camp" purposes, and
any of the foregoing establishments, whether or not conducted for
profit and whether or not occupied by adults or by children, either
as individuals, families or groups.
Premises used or intended to be used primarily for outdoor
recreational purposes, including buildings, shelters and seasonal
lodgings.
Two or more cabins and/or space for two or more tents, travel
or camping trailers, shelters, houseboats or other accommodations
of a design or character suitable for seasonal or other more or less
temporary living purposes, regardless of whether such structures or
other accommodations actually are occupied seasonally or otherwise.
A building, the use of which is devoted to the washing of
and cleaning of the interior and exterior of trucks and automobiles,
including but not limited to one of the following types:
CONVEYOR TYPEA car wash facility where automobiles progress through the washing process pulled by a conveyor or by some other means than their own power.
DRIVE-THROUGH TYPEA car wash facility where automobiles are driven through the washing process under their own power.
SELF-SERVICE TYPEA car wash facility where automobiles are washed by the driver of the automobile using machinery provided by the management of the facility.
The portion of a building that is partly or entirely below
grade, which has more than half of its height, measured from floor
to ceiling, below the average finished grade of the ground adjoining
the building.
Land used for the burial of the dead and dedicated for cemetery
purposes, including crematories, columbariums, and mausoleums when
operated in conjunction with and within the boundary of such cemetery.
An ambulatory health care facility where patients are admitted
for examination, diagnosis and treatment on an outpatient basis by
one or more physicians, dentists or other medical personnel, and where
patients are not lodged overnight.
See "club, membership."
A commercial establishment open to the public for a fee that
provides services and facilities for physical fitness training, which
includes but is not limited to swimming, handball and racket sports.
Spas, clubs and other similar facilities featuring exercise or other
active physical conditioning shall also be considered a "health and
fitness club." Such uses may include as accessory uses restaurants
and the sale of equipment used in the activities provided.
An association of persons forming a membership corporation,
registered under the Corporation Law of the State of New York as a
nonprofit organization, with bona fide dues-paying members. The corporation
services and caters exclusively to its members and guests, and its
premises and buildings shall be devoted to recreational, athletic,
social, fraternal, civic or cultural purposes conducted on a nonprofit
basis catering exclusively to members and their guests and which is
not an adjunct to, or operated by, or in connection with or as a public
tavern, cafe or other like public place.
An association of persons forming a membership corporation
registered under the Corporation Law of the State of New York as a
nonprofit organization with bona fide dues-paying members. The corporation
owns, hires or leases land and/or buildings or a portion thereof for
the primary and principal use of operating and conducting a generally
recognized sport, offering instruction or recreational activity, which
include activities permitted in a health and fitness club and golf,
tennis, basketball courts, bridge club (nonmembership) instruction,
miniature golf courses, electronic golf courses, golf driving ranges,
pitch-n-putt golf, gymnastics instruction, handball courts, judo instruction,
karate instruction, lifeguard instruction, scuba and skin-diving instruction,
sports instruction, squash courts, swimming pools, volleyball courts,
yoga instruction, swimming, skiing, bowling, archery range instruction,
firearm training and use, soccer, baseball instruction and racquetball
courts. Such uses may include as accessory uses restaurants and the
sale of equipment used in the activities provided. Billiard parlors
and billiard halls are specifically excluded.
A residential subdivision where the dwelling units that would
result on a given parcel under a conventional subdivision plan are
allowed to be concentrated on a smaller and more compact portion of
land and where a majority of the remaining land is left in its natural
open space condition in perpetuity. Cluster development results in
a flexibility of design and development to promote the most appropriate
use of land, to facilitate the adequate and economical provisions
of streets and utilities, and to preserve the natural and scenic qualities
of open lands.
The mounting of multiple communication facilities used by
the same provider, or by two or more service providers, on the same
property and/or antenna support structure or antenna tower.
Private and public outdoor and/or indoor recreational facilities
such as golf courses, playgrounds, swimming pools, ice rinks, fishing
and hunting preserves, water park, tennis courts, driving ranges,
basketball courts, handball and racquets courts, baseball and softball
fields, football fields, polo fields, tracks, and riding rinks. May
also include uses accessory and incidental to commercial recreation,
such as locker rooms, eating and drinking facilities, and retail sale
of goods associated with the primary activity.
An application that includes the following:
An application form together with all information
concerning a proposed project in the format as specified by the applicable
provisions of this chapter;
All application fees required by this chapter
in an amount set by resolution of the Town Board and the professional
review fee deposit, if any, required by the reviewing agency;
[Amended 3-7-2017 by L.L.
No. 2-2017]
An EAF or DEIS assessing the potential environmental
impacts of the proposed project;
A determination by the reviewing agency, or
by the lead agency in the event of coordinated review, that the proposed
project is not likely to have a significant impact on the environment
(negative declaration), or the filing of a notice of completion of
a Draft Environmental Impact Statement in accordance with the provisions
of SEQRA.
A vehicle registered as a commercial vehicle by the State
of New York, or a vehicle of more than one-ton capacity used for the
transportation of persons or goods primarily for gain, or a vehicle
of any capacity carrying a permanently affixed sign exceeding one
square foot in area or lettering of a commercial nature.
Any facility including one or more of the following: an antenna
or communication tower with or without associated buildings, structures
and equipment, and/or receiving and/or transmitting antenna, but excluding
satellite dish antenna less than one meter in maximum diameter in
a residential district or less than two meters in maximum diameter
in a nonresidential district that do not produce or contribute to
the production of emission levels exceeding the emission standards
adopted, from time to time, by the FCC, based on the maximum equipment
output.
A tower supported by guy wires or a freestanding lattice-type
antenna support structure or monopole structure greater than 12 feet
in height in a residential district and greater than 25 feet in height
in a nonresidential district. All communication towers shall be considered
a building for the purposes of this chapter.
See "special use."
An individually owned dwelling unit, the owner of which has
an interest in the common areas and facilities which serve a group
of residences.
A facility used for conferences and seminars with sleeping
accommodations, food preparation and eating, recreation, entertainment,
resource facilities, meeting rooms, fitness and health centers, and
retail stores and services.
Land containing one or more of the following: local, state
and federal protected freshwater wetlands; one-hundred-year floodplains
or flood hazard areas; steep slopes of 25% and greater.
A person or firm engaged in a trade as a business for the
purpose of providing electrical, plumbing, excavation, and general
residential or commercial construction.
A structure used by a person or firm engaged in a trade as
a business for the purpose of providing electrical, plumbing, excavation,
and general residential or commercial construction services performed
at off-site locations.
A use accessory to a contractor office use and located on
the same lot or parcel, in which equipment and other materials and
facilities customarily required in a contractor's trade are stored
and maintained, but excluding the storage of materials or equipment
for on-site or off-site sale.
A retail business containing no more than 2,500 square feet
of gross floor area that is designed and stocked primarily to sell
food, beverages and household supplies to customers who purchase only
a relatively few items. Such establishments may include the retail
sale of gasoline, diesel, oil and other automotive fluids without
the repair or servicing of motor vehicles.
A change in use or occupancy, or a change to the exterior
of a principal structure.
An open space enclosed on all sides by exterior walls of
a building or such walls and lot lines.
An open space enclosed on three sides by exterior walls of
a building and opening onto another open space that is permanently
defined as such.
The average horizontal dimension measured from the unenclosed
side of the court to the farthest wall thereof.
The least horizontal dimension of the court measured substantially
parallel to its opening.
A facility for the care of three or more children away from
their own homes for more than three hours but less than 24 hours in
a single day.
An exterior floor surface, unroofed, extending outward from
a structure as an integral part thereof, intended to accommodate multipurpose
outdoor activities.
A retail use selling foods already prepared or requiring
little preparation for serving such as cooked meats, cheese, relishes
and the like, and having no more than 12 seats for customers to consume
food or beverages on site.
Refers to the number of dwelling units allowed after deducting
constrained lands from the total acreage of the lot or lots sought
to be developed.
The amount of land area left for development after subtracting
the constrained land area from the total area of the project parcel.
All land preparation activities involving the movement, placement,
removal, transfer or shifting of soil and/or vegetation, including
but not limited to clearing, draining, filling, grading, regrading
or the building of structures or the placement of improvements on
land including the construction of individual sidewalks, paths, roads
or driveways.
An establishment which, by design, physical facilities, service
or by packaging procedures, encourages and permits customers to receive
services and obtain goods while remaining in their motor vehicles.
Any area reserved on any lot, site or parcel of land for
the purpose of providing vehicular access from an access road, private
road, or state, county or Town highway to principal and accessory
structures located on said lot, site or parcel.
A lot or part thereof used primarily for disposal by abandonment,
dumping, burial, burning or any other means and for whatever purpose,
of garbage, offal, sewage, trash, refuse, junk, discarded machinery,
vehicles or parts thereof, or waste material of any kind.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "two-family
dwelling" or "dwelling group" shall not be deemed to include motel,
boardinghouse, tourist home or guesthouse.
A building or portion thereof containing three or more dwelling
units.
A detached building containing one dwelling unit designed
for or occupied exclusively by one family.
A building containing two dwelling units designed for or
occupied exclusively by not more than two families living independently
of each other.
A building or entirely self-contained portion thereof containing
complete housekeeping facilities, including not more than one kitchen,
for occupancy by only one family, including any domestic servants
living and employed on the premises, having no enclosed space (other
than vestibules, entrance or other hallways or porches) or cooking
or sanitary facilities in common with any other "dwelling unit." A
boarding or rooming house, convalescent home, dormitory, fraternity
or sorority house, hotel, inn, lodging, nursing or other similar home
or structure shall not be deemed to constitute a "dwelling unit."
A nonpublic or private school, college, university, vocational
school, or academy.
Charitable.
Any activity which removes or disturbs surface or subsurface
conditions of land, lakes, ponds or watercourses.
A building erected or used exclusively as a central station
where telephone lines meet and where connections are made between
them and where no trucks or materials are stored.
The Federal Aviation Administration.
The exterior wall or walls of a building which identify the
front of a building, and which faces a street or public way.
As used herein shall mean:
Any number of persons occupying a single nonprofit
dwelling unit, related by blood, marriage or legal adoption, living
and cooking together as a single housekeeping unit.
Any number of persons occupying a single nonprofit
dwelling unit, not exceeding six adults living and cooking together
as a single housekeeping unit where all are not related by blood,
marriage or legal adoption.
Notwithstanding the provisions of this definition, a group of unrelated persons numbering more than six shall be considered a "family" upon a determination by the Zoning Board of Appeals that the group is the functional equivalent of a family pursuant to the standards enumerated in Subsection D below.
In determining whether a group of more than six unrelated persons constitutes a "family" for the purpose of occupying a dwelling unit, as provided herein, the Zoning Board of Appeals shall utilize the standards enumerated herein in making said determination. Before making a determination under this subsection, the Zoning Board of Appeals shall hold a public hearing, after public notice in accordance with § 77-58A and B of this chapter. In making a determination, the Zoning Board of Appeals shall find that:
The group is one which, in theory, size, appearance
and structure, resembles a traditional family unit.
The group is one which will live and cook together
as a single housekeeping unit.
The group is of a permanent nature and is neither
a framework for transient or seasonal living nor merely an association
or relationship which is transient or seasonal in nature. Nothing
herein shall preclude the seasonal use of a dwelling unit by a group
which otherwise meets the standards of this subsection at its permanent
residence.
Any determination under this subsection shall
be limited to the status of a particular group as a "family" and shall
not be interpreted as authorizing any other use, occupancy or activity.
In making any such determination, the Board of Appeals may impose
such conditions and safeguards as the Board of Appeals shall deem
necessary or advisable in order to maintain the stability and character
of the neighborhood and protect the public health, safety and welfare.
Persons occupying group quarters such as a dormitory,
fraternity or sorority house or a seminary shall not be considered
a "family."
A property where general farming, truck gardening, nurseries,
greenhouses and similar projects and activities are carried on for
gain or profit and where animals are maintained. "Farms" also may
include land under cultivation on which no building exists. (See also
"agriculture.")
A structure used for the display and sale of farm products
grown on the property on which the farm stand is located.
A facility used for the seasonal retail selling of vegetables,
produce, flowers, orchard products, and similar nonanimal agricultural
products, where the vendors are individuals who have raised the vegetables
or produce or have taken the same on consignment for retail sale.
The Federal Communications Commission.
Any act by which earth, sand, gravel, rock or any other similar
material is deposited, placed, pushed, pulled or transported to a
place other than the place from which it was excavated, and shall
include the conditions resulting therefrom.
The sum of the gross horizontal area of the several floors
of a building and its accessory buildings on the same lot, excluding
cellar and basement floor areas not devoted to residential use, but
including the areas devoted to roofed porches and roofed terraces.
All dimensions shall be measured between the exterior faces of walls.
The sum of the gross horizontal areas of the several floors
of a building or group of buildings on a lot, measured from the exterior
faces of exterior walls or from the center line of party walls separating
two buildings, but excluding any floors or portions thereof contained
on terraces or balconies projecting beyond the exterior face of the
building or occupied permanently by mechanical equipment, by off-street
parking or loading and, in any cellar and basement, only by storage
and by building maintenance and operation activities.
A dwelling or other structure used and occupied by a professional
licensed mortician for burial preparation and funeral services.
A building, or part thereof, used for the storage, care or
minor repair of motor vehicles as a business, including sale of new
or used automobile accessories and supplies, or where automobiles
are kept for hire. It shall not include the painting of motor vehicles
by any means.
A principal or accessory building or structure used for the
storage of commercial motorized vehicles and equipment, including
commercially registered passenger vehicles, where such vehicles and
equipment are used by the owner for commercial and business purposes.
An accessory building or part of a main or principal building
used only for the storage of motor vehicles as an accessory use.
The vertical distance measured from the average finished
grade at all foundation corners of the building or structure, or at
not less than 10 equidistant points in the case of a circular structure,
to a point midway between the highest and lowest points of the roof,
excluding the chimney or any superstructure above the roof such as
stair or elevator bulkheads, water towers, etc. Building height with
regard to a communication tower shall mean the distance measured from
the average finished grade around the base pad of the support structure
to the highest point on the tower, including the base pad and any
projecting antenna.
That portion of any lot which bounds a street, as measured
along the property line which is coincidental with such street right-of-way
or center line, or on a corner lot in which case frontage is along
both streets.
An accessory nonresidential occupation or business activity
operated for financial gain from a single-family residential dwelling
unit by one or more family members residing within that dwelling unit,
and where such use is clearly secondary and subordinate to the existing
principal residential use. A home occupation shall not include the
following uses: animal hospital; veterinarian or physician office;
kennel; barbershop; beauty parlor; bed-and-breakfast; clinic; hospital;
dance school; mortician; mortuary; nursery school; clubs; auto and
general repair shop; retail business; service business; personal service
business; restaurant; tourist home; rooming or boarding houses.
A building containing beds for four or more patients that
is used for the diagnosis, treatment or care of human ailments, but
excluding nursing homes.
Any building or structure devoted to the diagnosis and treatment
of animals and providing accommodations therefor. An "animal hospital"
includes every type of similar establishment designated an animal
clinic, a veterinary clinic, etc.
A building or any part thereof which contains sleeping accommodations
for transient occupancy by the public for compensation, has a common
exterior entrance or entrances, and which contains one or more dining
rooms.
That percentage of the lot covered by impervious surfaces
including buildings, pavement, concrete and metal surfaces.
A type of planned industrial environment for a variety of
industrial and related activities in which special emphasis and attention
are given to aesthetics and community compatibility. Subdivided and
developed according to an enforceable Master Plan that includes detailed
provisions for streets and all necessary utilities, the park provides
serviced sites for a community of industrial and industry-oriented
uses. Adequate control of the land, buildings and industrial operations
is provided through zoning, private restrictions incorporated as legal
requirements in deeds of sale or leases and the provision of continuing
management, all for the purpose of assuring attractive and efficient
uses within the park and the harmonious integration of the industrial
area into the community in which it is located.
A use that includes limited manufacturing, wholesaling, warehousing,
research and development, and related commercial/service activities
such as: beverage bottling, distribution and warehousing; contractors
offices and storage buildings; including general contractors, plumbers,
electricians, heating, ventilating, air-conditioning contractors,
masons, painters, refrigeration contractors, roofing contractors,
and other such construction occupations; distribution centers; ice
production, storage, sales and distribution; laboratories for research,
testing and experimental purposes; machine shops; manufacture of computers,
computer peripherals, electrical appliances, electronic equipment,
medical instruments, and other similar products from previously manufactured
components; manufacture of precision instruments and equipment such
as watches, electronics equipment, photographic equipment, optical
goods and similar products; manufacturing of articles or merchandise
from previously prepared or natural materials such as cardboard, cement,
cloth, cork, fiber, glass, leather, paper, plastics, wood, metals,
stones and other such prepared materials; printing and publishing;
foundries, truck terminals, delivery services, moving and storage
facilities, and truck maintenance. This shall not include any uses
involving the use of chemicals, processes or materials that might
constitute a potential explosive or environmental hazard; slaughter
plants, packing houses, animal by-products rendering, and other such
animal processing activities; automobile salvage and reclamation yards
and facilities; processing or production of oil, natural gas, geothermal
resources or other hydrocarbons.
An area of land, with or without buildings, used for or occupied
by a deposit, collection or storage, outside a completely enclosed
building, such as wastepaper, rags or scrap material or used building
materials, house furnishings, machinery or parts thereof, with or
without dismantling, processing, salvage, sale or other use or disposition
of the same. One cubic yard or more of refuse located on a property
for more than 30 days shall also be deemed to be a "junkyard." A deposit,
collection or storage on a lot of two or more motor vehicles no longer
in condition for legal use on the public highways, or parts thereof,
for one week or more in a residential district or for three weeks
or more in a nonresidential district shall constitute a "junkyard."
A structure used for the harboring of more than three dogs
that are more than six months old or more than 12 dogs that are under
six months of age where a fee is paid for the boarding and care of
the dogs. Any dog owner whose dog(s) bear(s) more than one litter
of puppies that are of registered pedigree and offered for sale, shall,
for the purposes of this chapter, be considered as maintaining a "dog
kennel" and must adhere to all regulations governing the same.
A portion of a building designed or used primarily for cooking
purposes.
An establishment with self-operating clothes washing and
drying machines for public use.
An establishment where clothes laundry work is done for the
public either on the premises or accepted for transfer to another
site for laundering.
Any domesticated animal intentionally reared in an agricultural
setting for subsistence or for profit.
A clubhouse or club room of the local unit of a nationally
recognized fraternal or social order.
Unless specifically authorized in this chapter, a parcel
of land not divided by streets, devoted to a particular use or occupied
or to be occupied by a building and its accessory buildings, together
with such open spaces as are required under the provisions of this
chapter and having its principal frontage on a street or on such other
means of access as may be deemed in accordance with the provisions
of law to be adequate as a condition of the issuance of a building
permit for a building or buildings on such land.
A lot at the junction of and abutting on two or more intersecting
streets, where the interior angle of intersection does not exceed
135°. A lot abutting a curved street shall be deemed to be a "corner
lot" if the tangents to the curve at the points of intersection of
the side lot lines with the street lines intersect at an interior
angle of less than 135°.
That percentage of the lot covered by the footprint of the
principal and accessory building area.
The general average of the distances from the street line
of the lot to its opposite rear line, measured in the general direction
of the side lines of the lot.
A lot which has insufficient frontage on a public street to comply with the minimum lot frontage requirements of § 77-29 of this Code, but is shaped in such a manner that the portion of the lot closest to the street can only be used for access purposes and not as a yard or buildable area, and whose width some distance back from the right-of-way is sufficient to provide proper space to meet the yard and setback requirements.
Any line dividing one lot from another.
The lot line generally opposite the street line. If the rear
lot line is less than 10 feet in length or if the lot comes to a point
in the rear, the "rear lot line" shall be deemed to be a line parallel
to the street line not less than 10 feet long lying farthest from
the street line.
A lot having street frontage both in front and to the rear.
The width of a lot measured along a line drawn parallel to
the street line through the point of existing or proposed construction
nearest to such street line.
A complete lighting unit, consisting of a lamp or lamps together
with the parts designed to distribute the light, to position and protect
the lamps and to connect the lamps to the power. When used, includes
ballasts and photocells. Commonly referred to as a "fixture."
A luminaire that does not emit light at or above a horizontal
plane running through the lowest point on the luminaire.
A luminaire that that emits light above the horizontal plane
running through the lowest point on the luminaire.
A luminaire that does not allow light to escape above a 65°
angle measured from a vertical line from the center of the lamp extended
to the ground.
Any process whereby the nature, size or shape of articles
or raw materials is changed or where articles are assembled.
A dwelling unit manufactured in one or more sections, designed
for long-term occupancy, containing sleeping accommodations, a flush
toilet, a tub or shower, bath and kitchen facilities, with plumbing
and electrical connections provided for attachment to outside systems,
and designed to be transported after fabrication on its own permanent
chassis and/or wheels to the site where it is to be occupied as a
complete dwelling. A recreational vehicle is not included in this
definition.
Use of a lot, land, buildings, or structures for a variety
of residential and/or nonresidential purposes in a complementary and
integrated design.
Lot(s), parcel(s), building(s), or structure(s) in which
a variety of residential and/or nonresidential uses are located within
a complementary and integrated design.
Any lot, parcel or tract of land upon which two or more mobile
homes or house trailers are located or parked for long-term occupancy.
See "communication tower."
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as tourist courts, motor lodges, auto courts and similar
appellations, but does not include boardinghouses.
A building or portion of a building arranged, intended, or
designed for making repairs to motor vehicles, their mechanical systems
and their body structure, including painting, but excluding the sale
of petroleum products and the sale of motor vehicles.
A building and/or area arranged, intended or designed to
be used for the rental, lease, sale and/or resale of motor vehicles,
new or used.
Any area of land, including structures thereon, that is used
for the sale of gasoline or any other motor vehicle fuel and oil and
other lubricating substances, including any sale of motor vehicle
minor accessories, and which may or may not include facilities for
lubricating or otherwise servicing motor vehicles, but not including
the painting thereof by any means. A canopy over the fuel-dispensing
stations shall be considered to be part of the principal structure.
May include a convenience store and a car wash.
Non-Ionizing Electromagnetic Radiation.
A sign containing copy that does not promote a business,
commodity, service, or entertainment.
See "use, nonconforming."
A place where trees, shrubs, vines and/or flower and vegetable
plants are grown and/or are offered for sale, to be transplanted onto
the lands of the purchaser by the purchaser or by the nursery establishment
itself.
A facility operated for the purpose of providing therein
long-term lodging, board and nursing care to sick, invalid, infirm,
disabled or convalescent persons for compensation.
A lot or related lots designed as a master planned area for
the transaction of business, for the rendering of professional services,
or for other services that involve stocks of goods, ware or merchandise
in limited quantities for use incidental to office uses or samples
purposes. This may include such uses as: office building for business
and professional services, including lawyer, physician, dentist, architect,
engineer, musician, teacher or other professional person, including
real estate and insurance offices, banking and other financial services
and similar purposes in connection with such use; clinics for outpatient
care, as well as outpatient medical services including, but not limited
to, imaging and physical therapy; restaurant or cafeteria for supplying
meals only to employees and guests for the principal use; and newsstand,
post office, branch banking facilities and similar conveniences serving
primarily employees and guests of the principal use, provided that
there shall be no external evidence of such use; radio and television
stations, but not including transmitting facilities or antennae.
A place or establishment used for the organizational or administrative
aspects of a trade or used in the conduct of a business and not involving
the manufacture, storage, display or direct retail sale of goods.
This may include, but is not limited to, offices of salesmen, sales
representatives, insurance brokers, real estate brokers and persons
with similar occupations.
An office devoted to a professional service occupation, in
which knowledge in some department of science or learning is applied
to the affairs of others, either advising or guiding them, or otherwise
serving their interest or welfare through the practice of a profession
founded on such knowledge.
Land left in a natural state for conservation and agricultural
purposes or land landscaped for scenic purposes, devoted to active
or passive recreation, or devoted to the preservation of distinctive
architectural, historic, geologic or botanic sites. The term shall
not include land that is paved, used for the storage, parking or circulation
of automobiles, or occupied by any structure. Open space may be included
as a portion of one or more large lots, or may be contained in a separate
open space lot but shall not include private yards within 50 feet
of a principal structure.
An unenclosed portion of the ground of a lot which is not
devoted to driveways, access roads, parking spaces; which is free
of structures that would interfere with the functionality of the open
space and the intended use of the property; which is no less than
eight feet in width at any point; which is available and accessible
to all occupants of the building or buildings on said lot, or on a
separate dedicated lot as part of a common development scheme, for
purposes of active or passive outdoor use.
A zoning district, with supplementary regulations, which
is superimposed upon existing use districts.
The owner of record of a lot, tract or parcel.
A parcel of land legally in existence on the effective date
of this chapter.
The space required for each motor vehicle intended to be
parked in an off-street parking area.
An establishment primarily engaged in providing services
involving the care of a person or a person's apparel, including but
not limited to laundries, barber and beauty shops, and dry-cleaning
shops, but not including an adult business use, a motor vehicle accessory
sales and service use, a motor vehicle body shop use, a motor vehicle
sales and service use, a motor vehicle service facility use, motor
vehicle repair facility, or a tattoo parlor.
A roofed, screened or unscreened, unfinished, unheated, seasonal
use, veranda, stoop, deck, access ramp, steps or the like providing
or having access to a principal structure.
A sign, whether on its own trailer, wheels or otherwise,
designed to be movable and not permanently affixed to the ground,
a building, structure or another sign. Included are signs displayed
on a parked or moving vehicle or trailer or other vehicle where the
primary purpose of the vehicle is to promote a product, service business,
or other activity. This definition includes a vehicle hanging or displaying
a banner sign whose primary purpose is for advertising. This does
not apply to signs or lettering on buses, taxis, or vehicles operating
during the normal course of business.
A building in which is conducted the main or principal use
of the lot on which said building is located.
Any mechanical manipulation of material including crushing,
screening, blending, washing, and any procedure which changes the
size of the particles or the particle size distribution or gradation
from in-situ characteristics. Processing also includes any mechanical
and/or thermal combining or blending of materials from one or more
sources in order to manufacture a product with certain specification
requirements. Processing shall not mean simply excavating and loading
earth material directly into a transport vehicle.
Any lot or parcel of land.
Any person, firm, corporation or governmental agency, duly
authorized to furnish to the public, under governmental regulation,
electricity, gas, water, sewage treatment, steam or communication
service. This definition shall not bestow any special status or standing
not already provided by state or federal law.
A transportation structure, self-propelled or capable of
being towed by a passenger car, station wagon or small pickup truck,
of such size and weight as not to require any special highway movement
permits and primarily designed or constructed to provide temporary,
movable living quarters for recreational, camping or travel use or
to carry such equipment, but not for profit or commercial use. Included
as "recreational vehicles" are the following:
Trailer coaches and fifth-wheel trailers constructed
with integral wheels to make them mobile and intended to be towed
by passenger cars, station wagons and/or light pickup or panel trucks
and similar motor vehicles, but not including truck tractors of any
type.
A camping trailer, the walls of which are constructed
out of either canvas or similar cloth or some form of rigid material
such as fiberglass or plastic or metal, which walls are collapsed
while the recreational vehicle is being towed and are raised or unfolded
when the vehicle becomes temporary living quarters and is not being
moved.
Pickup (slide-in) campers and truck caps designed
to be mounted temporarily or permanently in the beds of light trucks,
with the trucks having either single or double rear wheels and with
or without an assisting, extra tag axle and wheels mounted either
on the camper chassis or the truck chassis behind the truck's rear
wheels.
Chassis mounts, motor homes and mini-motor homes
constructed integrally with a truck or motor-van chassis and incapable
of being separated therefrom. The truck or motor-van chassis may have
single or double rear wheels.
Converted and chopped vans created by altering or changing an existing auto van to make it into a recreational vehicle meeting the requirements of Subsection A of this definition.
A boat or snowmobile trailer, i.e., a vehicle
on which a boat or snowmobile may be transported and which is towable
by a passenger car, station wagon, pickup truck or mobile "recreational
vehicle" as above defined.
The removal and replacement of more than 65% of the gross
floor area of an existing building or structure for a different use
than that of the prior occupancy of said building or structure. This
term shall include the use of land from which previous improvements
have been removed, and shall include an adaptive reuse of an existing
building or structure where said building or structure is expanded
by more than 25% of the existing gross floor area.
A building or buildings for experimentation in pure or applied
research, design, development and production of prototype machines
or devices, or of new products, and uses accessory thereto; wherein
products are not manufactured for wholesale or retail sale; wherein
commercial servicing or repair of commercial products is not performed;
and where there is no display of any materials or products.
A residence for infirm children, adolescents or adults who
require personal care, supervision and services, where compensation
and/or reimbursement of costs is paid to an operator pursuant to state
and/or federal standards, licensing requirements, or programs funding
such services.
A recreational facility whose principal recreational activity
is skiing, both downhill and cross-country, including facilities for
tows, lifts, T-bars, toboggan runs, sledding areas, ice skating, curling
and other related outdoor, cold-weather activities. Accessory facilities
may include a swimming pool, tennis courts, clubhouse and maintenance
building and snow-making equipment.
A recreational facility whose principal recreational activities
are outdoor, warm- and cold-weather activities. These include, but
are not necessarily limited to, golf, horseback riding, skiing, swimming,
tennis and boating, and may have facilities for the housing, feeding
and entertainment of guests.
Traditional establishments, such as florists, lumber and
hardware stores, pharmacies, grocery stores, convenience stores, stationery
stores, bookstores, video-rental stores, clothing stores, department
stores, shoe stores, antique stores, etc., that sell goods or merchandise
to the general public for personal or household consumption, but not
including an adult business use.
An establishment whose principal business is the preparation
and retail sale of food and beverages in a ready-to-consume state
to customers and whose design or principal method of operation includes
one or both of the following characteristics:
Customers are served their foods and beverages,
which may or may not include a bar, by a restaurant employee at the
same table or counter at which said items are consumed.
Customers receive their foods and beverages,
which may or may not include a bar, from a restaurant employee at
a walk-up counter or kiosk and which may be consumed within the restaurant
building or taken off site for consumption.
A cafeteria-type operation where foods and beverages
generally are consumed within the restaurant building.
A facility providing for the care, supervision, education,
and protection of children, whether or not said facility is licensed
by the State of New York.
An establishment primarily engaged in rendering services
to businesses or individuals on a fee or contract basis, such as advertising
and mailing, building maintenance, beauty shop, spa, personal services
unemployment service, office equipment rental and leasing, commercial
research, development and testing, and photo finishing.
The minimum horizontal distance from a property line to any
structure, roadway, parking area, accessory building or other such
improvement on a lot, except driveways.
A group of commercial establishments planned, constructed
or managed as a single entity, with customer and employee parking
provided on site, provision for goods delivery separated from customer
access, aesthetic considerations and landscaping and signage in accordance
with an approved plan.
A use of land, structure or material for the purpose of conveying
information that is prominently displayed for public view, and that
consists of letters or symbols formed, inscribed or mounted on wood,
metal, masonry or any other material. The term "sign" shall be limited
to those signs that are visible to the public from a street, walkway
or neighboring property that are displayed indoors or outdoors.
An area including all faces of a sign, measured as follows:
Where such sign is on a plate or framed or outlined,
all of the area of such plate or the area of such frame or outline
shall be included.
When such sign consists only of letters, designs
or figures engraved, painted, projected or in any manner affixed on
a wall, the total area of such sign shall be deemed the smallest rectangle
within which all of the matter of which such sign consists may be
encompassed.
A sign which is suspended from or attached to and supported
by one or more columns, uprights or braces imbedded in the ground
and in which neither the sign nor supports thereof are attached to
or dependent on any building for support or bracing.
A rendering, drawing, or sketch prepared in accordance with
the specifications of the this chapter, and which shows the arrangement,
layout and design of a proposed use of a single parcel of land as
shown on said plan.
A land use which is deemed permissible within a given zoning
district or districts, but which may have the potential to exhibit
characteristics or create impacts incompatible with the purposes of
such district. The special use shall, therefore, be subject to approval
by the Planning Board in accordance with conditions set forth for
such use, as well as other applicable provisions of this chapter.
Both general and specific conditions have been established for special
uses to ensure that such use is in harmony with this chapter and Town
of Kent Comprehensive Plan and will not adversely affect the neighborhood
if the requirements are met.
An accessory building or portion of a main building in which
animals, and equipment are kept, whether for private use or for hire,
remuneration or sale.
The utilization of camouflage techniques designed to conceal
the presence of antennas or towers by which a communication facility
is designed and constructed to blend in with surrounding natural and
architectural features. (See also "alternative tower structure.")
The holding or safekeeping of goods in a warehouse or other
depository to await the happening of some future event or contingency
which will call for the removal of the goods.
The accumulation of wholesale quantities of raw or finished
materials (solids, liquids and gases) preparatory to use in a manufacturing
process or to retail sales, a permanent reserve being maintained.
Junk and scrap materials do not qualify for inclusion in this category.
That part of any building, exclusive of cellars but inclusive
of basements, comprised between the level of one finished floor and
the level of the next higher finished floor, or, if there is no higher
finished floor, then that part of the building comprised between the
level of the highest finished floor and the top of the roof beams.
Any story having its finished floor surface entirely above
grade, except that a basement shall be considered a story above grade
where the finished surface of the floor above the basement is: more
than six feet above grade plane; or more than six feet above the finished
ground level for more than 50% of the total building perimeter; or
more than 12 feet above the finished ground level at any point.
Any space partially within the roof framing, where the clear
height of not more than 65% of such space between the top of the floor
beams and the structural ceiling level is seven feet or more.
A street improved to the satisfaction of the appropriate
Town authority, which "street" is one of the following: an existing
Town, county or state highway or street; a "street" shown on an approved
subdivision final plat; a "street" shown on the Official Map of the
Town.
The dividing line between a lot and a street.
Any change in the supporting members of a building, such
as beams, columns or girders.
Anything constructed or erected, the use of which requires
location on, in or under the ground or attached to something having
location on the ground. (See also definition of "building.")
A retail store selling a complete assortment of food and
food preparation materials, household items and other retail items.
"Supermarkets" may contain pharmacies, delicatessens, meat and fish
markets, bakeries and snack bars.
A manufactured in-ground or aboveground outdoor water pool
which is not operated for gain and which is intended to be used for
swimming or bathing by any family or persons residing on the premises
and their guests.
An establishment whose principal business activity, either
in terms of operation or as held out to the public, is the practice
of one or more of the following: placing of designs, letters, figures,
symbols, or other marks upon or under the skin of any person, using
ink or other substances that result in the permanent coloration of
the skin by means of the use of needles or other instruments designed
to contact or puncture the skin; or creation of an opening in the
body of a person for the purpose of inserting jewelry or other decoration.
The transmission of radio communications, between or among
points specified by the user, or information of the user's choosing,
without change in the form or content of the information as sent and
received.
A building or part of a building devoted to the showing of
moving pictures or theatrical productions on a paid-admission basis.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
products, on a paid-admission basis, to patrons seated in automobiles
or on outdoor seats.
One of several units in a building, which unit is designed
for and occupied exclusively as a home or residence for not more than
one family living independently of any other family, is served by
separate utilities, is separated from other units by a party wall
or walls and is erected on a lot intended to be held in the form of
a condominium or in single and separate ownership from any adjoining
units.
Any premises used for the garaging or parking of public transportation
vehicles and the loading and unloading of passengers.
The use of land for trucking operations where there are dock
facilities, either partially or wholly enclosed, for the purpose of
transferring goods for assembly or disassembly or loading onto tractor
trailers for transport to other locations. Warehouses and similar
facilities for the deposit, storage and safekeeping of goods shall
not be deemed to be truck terminals.
Any unenclosed portion of the ground of a lot which is not
devoted to driveways or parking spaces, which is free of structures
of any kind, of which not more than 25% is roofed for shelter purposes
only, the minimum dimension of which is 40 feet, and which is available
and accessible to all occupants of the building or buildings on the
lot for the purposes of active or passive outdoor recreation.
The specific purpose for which land or a building is designed,
arranged, intended or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
A use customarily incidental and subordinate to the principal
use of a building and located on the same lot with such principal
use of a building. An example would be on a premises in use for single-family
occupancy a home occupation use that is subordinate to the single-family
use and provides no outward appearance that a business use also exists
within the single-family premises, and on a premises in use for business
occupancy a drive-through facility that is functionally dependent
on the business. Except for uses accessory to a dwelling unit, any
use which is accessory to a special permit use shall also be a special
permit use. Any use which is accessory to a permitted use shall also
be a permitted use.
Any use of a building, other structure or tract of land which
does not conform to the use regulations for that district in which
such use is located, either at the effective date of this chapter
or as a result of subsequent amendments thereto.
The main or primary use of the lot. Except for designated
mixed uses and multiple retail uses within a shopping center, only
one principal use is permitted per lot, all other uses, unless otherwise
specifically allowed pursuant to this chapter, being excluded.
A building or part of a building for storing of goods, wares
and merchandise, whether for the owner or for others, and whether
it is a public or private warehouse, including self-storage units.
That portion of the open area of a lot extending open and
unobstructed by man-made improvements from the ground upward, along
a lot line for a depth or width as specified by the bulk regulations
of the district in which the lot is located. No part of such yard
shall be included as part of a yard or other open space similarly
required for buildings on another lot.
A space on the same lot with a main building, extending the
full width of the lot and situated between the street line and the
closest point on the front line of the building projected to the side
lines of the lot. The depth of the "front yard" shall be measured
between the closet point on the front line of the building and the
street line. Covered porches, whether enclosed or unenclosed, shall
be considered as part of the main building and shall not project into
a required front yard.
A space on the same lot with a main building, extending the
full width of the lot and situated between the rear lot line and the
closest point on the rear line of the building projected to the side
lines of the lot. The depth of the "rear yard" shall be measured between
the rear lot line or the center line of the alley, if there be an
alley, and the closest point on the rear line of the building.
A space on the same lot with a main building, situated between
the side line of the building and the adjacent side line of the lot
and extending from the rear line of the front yard to the front line
of the rear yard. If no front yard is required, the front boundary
of the side yard shall be the front line of the lot, and if no rear
is required, the rear boundary of the side yard shall be the rear
line of the lot.
