A.
The Town of Kent is hereby divided into the classes
of districts listed below:
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One-Family Residence District
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R-80
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One-Family Residence District
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R-40
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One-Family Residence District
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R-10
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Planned Residential Development District
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PRD
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Commercial District
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C
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Industrial/Office/Commercial District
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IOC
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B.
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]
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Towner's Road Overlay District
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TRO
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Business Park Overlay District
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BPOD
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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.[1] 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.
[1]
Editor's Note: The Zoning Map is on file in
the Town offices.
A.
In determining the boundaries of districts shown on
the Zoning Map, the following rules shall apply:
(1)
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.
(2)
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.
(3)
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.
(4)
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.
(5)
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.
(6)
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.
A.
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.
B.
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.
C.
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.
D.
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.
E.
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:
(1)
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
(2)
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.
F.
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:
(1)
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.
(2)
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.
G.
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.
H.
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.
