The Town of Kent is hereby divided into the classes of districts listed below:
In addition to the above districts, the following overlay districts are hereby created. Any overlay maps adopted or modified under this chapter shall be adopted or modified by zoning amendment pursuant to the procedures specified in the Home Rule Law. The overlay districts impose requirements that supplement those in the underlying districts listed in this chapter above and do not supersede the provisions of those districts, except insofar as the overlay districts may impose more restrictive requirements. The overlay districts are as follows:
[Amended 9-20-2011 by L.L. No. 5-2011]
The boundaries of said districts are hereby established as shown on the Zoning Map, Town of Kent, dated November 24, 2008, which accompanies and which, with all explanatory matter thereon, is hereby adopted and made a part of this chapter. Said Zoning Map shall be the final authority as to the current zoning classification of any land within the boundaries of the Town of Kent.
Editor's Note: The Zoning Map is on file in the Town offices.
In determining the boundaries of districts shown on the Zoning Map, the following rules shall apply:
Where district boundaries are indicated as approximately following the center lines of streets, highways, waterways or other mapped rights-of-way or such lines extended, such center lines shall be construed to be such boundaries.
Where such boundaries are indicated as approximately following the property lines of private parcels or of parks or other publicly owned lands, such lines shall be construed to be such boundaries.
In all cases where a district boundary divides a lot in one ownership and more than 50% of the area of such lot lies in the less-restricted district, the regulations prescribed by this chapter for the less-restricted district may be extended by the Board of Appeals to such portion of the more restricted portion of said lot which lies within 50 feet of such district boundary. For purposes of this section, the more-restricted district shall be deemed to be that district which is subject to regulations that prohibit the use intended to be made of said lot or that require higher standards with respect to density, coverage, yards, screening, landscaping, parking, loading and similar requirements.
In all cases where a district boundary line is located not farther than 25 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
In all other cases, where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the Building Inspector by application of a scale thereto.
Where natural or man-made features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered in this section, the district boundaries shall be interpreted by the Board of Appeals.
No building shall be erected, moved, altered, rebuilt or enlarged, nor shall any land or building be used, designed or arranged to be used for any purpose or in any manner except in conformity with all regulations, requirements and restrictions specified in this chapter for the district in which such building or land is located.
No yard or open space required in connection with any building or use shall be considered as providing a required open space for any other building on the same or any other lot.
No lot shall be formed from part of a lot already occupied by a building unless such building, all yards and open spaces connected therewith and the lot on which such building stands comply with all requirements prescribed by this chapter for the district in which said lot is located. No building permit shall be issued for the erection of a building on any new lot thus created unless such building and lot comply with all the provisions of this chapter.
No driveway shall provide access to a lot located in another district, which lot is used for any use prohibited in the district in which such driveway is located. No street or road, whether private or public, which exclusively serves or supports a lot located in another district, which lot is used for any use prohibited in the district in which the street or road is located, shall be used to provide access to said lot.
Nothing contained in this chapter shall prevent the construction of a building or other structure which is made nonconforming by this chapter or subsequent amendments thereto for which a building permit has been lawfully issued, provided that either:
Construction of the foundation shall have been completed prior to the effective date of this chapter by virtue of which such building became nonconforming, and construction thereafter is diligently prosecuted; or
The Board of Appeals makes a finding that substantial expenditures have been made or substantial financial obligations incurred in the development of plans for such nonconforming building or structure prior to the effective date of this chapter, provided that in such a case, construction shall commence within 12 months following such effective date and shall be diligently prosecuted thereafter.
Lots. After the effective date of this chapter, no lot in any district shall be built upon unless it is a buildable lot pursuant to § 77-34.3 of this chapter. Additionally:
Any lot created after the effective date of this chapter shall have the minimum buildable area as defined in this chapter and shall be a buildable lot as defined herein.
All lots proposed for subdivision shall be configured to allow for the later addition of a deck and/or a porch without the need for a variance. The Planning Board is expressly authorized to require the reconfiguration of proposed lots and proposed boundary lines in order to give effect to this provision.
Uses. Following the effective date of this chapter, any use not identified or listed as an allowed use in the district on which a proposed or existing building(s) or lot(s) is located shall be deemed to be a prohibited use. No building or lot shall be used for any purpose or in any manner except in conformity the regulations, requirements and/or restrictions specified in this chapter for the district in which such building or lot is located.
Town Board reservation of authority. Where a conflict arises as to the jurisdiction of the Town Board, the Planning Board, the Zoning Board of Appeals, the Building Department and/or the Zoning Enforcement Office in regard to enforcement of this chapter, the Town Board shall make a determination as to the appropriate agency in any given case.