Town of Kent, NY Article V R-10 Residential District

§ 77-15 Purpose and permitted uses.

This district recognizes and is intended to preserve the principally single-family residential development pattern within the Town's established neighborhoods by promoting continuing opportunity for single-family residential and smaller-scale institutional and community facility uses within these neighborhoods consistent with their established character. In an R-10 Residential District, no building or premises shall be used and no building shall hereafter be erected, altered or added to unless otherwise provided in this chapter, except for one or more of the following uses:

A. Principal permitted uses. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.

(1) One-family dwellings, not to exceed one dwelling on a single lot.

(2) (*) Public parks, playgrounds and recreational areas; firehouses, police stations and other public buildings and uses.

(3) (*) Regularly organized elementary or high schools having a curriculum approved by the Board of Regents of the State of New York, and subject to the following:

(a) The minimum lot size shall be five acres.

(b) No building, or parking or loading area, or part thereof, shall be located within 100 feet of any street line nor within 50 feet of any property line.

(4) (*) Places of religious worship, including part-time religious schools, provided that the minimum lot size shall be one acre, and that no building or part thereof and no parking or loading area shall be located within 50 feet of any street or lot line; and parish houses, parsonages and rectories which shall comply with the requirements set forth herein for one-family dwellings.

(5) (*) Public utility structures and rights-of-way, but excluding utility offices, garages, storage yards, and communication facilities.

B. Permitted accessory uses. (*) indicates a use that is also subject to Planning Board Site Plan Approval.

(1) (*) Off-street parking and loading in accordance with the provisions of Article XI of this chapter.

(2) (*) Streets, roads, driveways, utilities, and infrastructure subject to § 77-6D.

(3) Home occupations in accordance with the provisions of § 77-41 of this chapter.

(4) Private swimming pools and tennis and deck tennis facilities in accordance with the provisions of § 77-42 of this chapter.

(5) (*) Signs in accordance with the provisions of Article X of this chapter.

(6) Satellite antennas which receive and/or transmit, are less than one meter in maximum diameter, and which 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.

(7) Other customary accessory uses and buildings, provided that such uses shall not include any activity conducted as a business.

C. Special uses permitted subject to the approval by the Planning Board in accordance with the provisions of § 77-59 of this chapter. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.

(1) (*) Private membership clubs, operated by nonprofit membership corporations, exclusively for members and their guests, including ice-skating, swimming, tennis, squash or other similar clubs, subject to the following requirements:

(a) The minimum lot area shall be one acre.

(b) No building, or parking or loading area, or part thereof, shall be located within 50 feet of any street or lot line.

(2) (*) Outdoor commercial recreation areas, such as seasonal camps and horseback riding establishments, including stables, maintenance and service buildings and other accessory structures incidental to the recreation area, but excluding tourist cabins, subject to the following:

(a) The minimum lot size shall be one acre.

(b) No building, or parking or loading areas, or part thereof, shall be located within 50 feet of any street or lot line.

§ 77-16 Lot and bulk requirements.

A. Minimum lot area. The minimum lot area shall not be less than 10,000 square feet subject to the supplementary minimum lot area regulations of § 77-34.2 of this chapter, unless otherwise specified.

B. Minimum lot width. The minimum lot width shall not be less than 100 feet.

C. The minimum highway frontage shall be not less than 50 feet as measured along a single unbroken linear length at the street line.

D. Minimum lot coverage. The area covered by all buildings shall not exceed 35% of the total lot area.

E. The maximum impervious surface coverage shall not exceed 35% of the total lot area.

F. Minimum yards. Yards shall have the following minimum setbacks:

(1) Front yard: 15 feet.

(2) Each side yard: eight feet.

(3) Rear yard: 20 feet.

G. Maximum height shall not exceed 2 1/2 stories or 30 feet.

H. Each lot shall be a buildable lot as set forth in § 77-34.3.

§ 77-17 Design standards.

A. Design standards. The following standards shall be applied during the site plan and subdivision review of any development project in the R-40 District. The Planning Board may use its discretion to waive or modify these standards.

(1) Except as set forth hereinafter, no fence or garden wall in any required yard or between the front building line and the required front yard shall exceed a height of six feet.

§ 77-18 Permitted encroachments.

A. The following encroachments upon required yard areas are permitted:

(1) Stairs, cornices, eaves, gutters, chimneys or bay windows projecting not more than 24 inches.

(2) One-story open porches and terraces not exceeding three feet in height, projecting not more than six feet only into a front or rear yard.

(3) One-story enclosed vestibule not greater than 10 feet wide and five feet deep, projecting only into a front yard.

B. In any case where the Board of Appeals, by variance, has permitted the reduction of a required yard, none of the foregoing encroachments shall be permitted into such diminished yard.