Any other provisions of this chapter notwithstanding,
and except as provided hereinafter, the following uses shall be prohibited
in all districts.
A. Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor or other form
of air pollution; or by reason of the deposit, discharge or dispersal
of liquid or solid wastes, in any form, in a manner or amount so as
to cause permanent damage to the soil or any stream or to adversely
affect the surrounding area; or by reason of the creation of noise,
vibration, electromagnetic or other disturbance perceptible beyond
the boundaries of the lot on which it is situated; or by reason of
illumination by artificial light or light reflection beyond the limits
of the lot on or from which such light or light reflection emanates;
or which involves any dangerous fire, explosive, radioactive or other
hazard, or which can cause injury, annoyance or disturbance to any
of the surrounding properties or to their owners and occupants; and
any other process or use which is unwholesome and noisome and may
be dangerous or prejudicial to health, safety or the general welfare.
B. Lighting facilities of any kind with light sources
visible beyond the lot lines.
C. Junkyards, auto wrecking yards or dumps, except a
dump established as an official Town dump by the Town Board.
E. Manufacture or storage of ammunition, explosives or
fireworks.
F. Satellite dish antenna greater than one meter in maximum
diameter in a residential district or greater than two meters in maximum
diameter in a nonresidential district.
[Added 12-19-2017 by L.L.
No. 4-2017]
A. Purpose.
In order to safeguard the health, safety and welfare of the residents
of the Town of Kent, it is necessary to prohibit certain uses which,
by the very nature in which they are conducted, have the potential
to significantly impact the environment, pose a risk to human health
and safety or disturb or interfere with reasonable community expectations
regarding odors, noise, light, traffic and water quality.
B. Prohibition.
In any use district, except for the Industrial/Office/Commercial District
(IOC District), the production of concrete, the operation of a concrete
products plant, or the manufacture in any form of concrete is hereby
expressly prohibited.
C. Amortization.
Any individual or business that is lawfully engaged in the production
of concrete, the operation of a concrete products plant or the manufacture
in any form of concrete, in any use district except for IOC District
in the Town of Kent, upon the effective date of this section, shall
become engaged in a legal nonconforming use, and that use shall terminate
by amortization no later than two years immediately following the
effective date of this section.
D. Extension. The Zoning Board of Appeals may extend the two-year amortization period for a limited period of time if the individual or business that is engaged in a legal nonconforming use, pursuant to Subsection
C, applies to the Zoning Board of Appeals for an extension of time. The application for an extension of time must be made at least 180 days before the date on which the use must terminate. The applicant must demonstrate that it has made a substantial financial expenditure in the real property at issue prior to the enactment of this section; that the financial expenditure has not been substantially recovered by the end of the two-year amortization period; and the financial expenditure is not otherwise recoverable without engaging in the legal nonconforming use described herein. Nothing herein shall allow for an extension past the minimum period of time to allow for such recovery. Any decision on an extension application by the Zoning Board of Appeals may be appealed to the Town Board of the Town of Kent by the applicant or any other interested party within 30 days of the date of the entry of the extension decision in the office of the Town Clerk.
Home occupations, where permitted, shall be
accessory to the principal use of a residential structure, and shall
be subject to the following regulations:
A. A home occupation shall be incidental and secondary
to the use of the lot for residential purposes. It shall be conducted
in a manner which gives no outward appearance that a business is being
conducted within the principal dwelling or within the accessory structure,
does not infringe on the right of neighboring residents to enjoy the
peaceful occupancy of their dwelling units, and does not alter the
character of the district within which the use is located;
B. There shall be no alteration or physical change to
the exterior of the principal dwelling or the accessory structure
to accommodate the home occupation;
C. The home occupation shall be conducted within the
principal dwelling or within an accessory structure located on the
same lot with the principal dwelling solely by persons utilizing the
principal dwelling as their domicile;
D. There shall be no sign or other advertisement as to
the existence of the home occupation use;
E. There shall be no more than one home occupation use
conducted on the premises;
F. There shall be no exterior storage of materials, equipment,
vehicles or other supplies used in conjunction with the home occupation;
and
G. Prohibited home occupations include animal hospitals,
kennels, barbershops, beauty parlors, clinics, hospitals, dancing
schools, mortuaries, nursery schools, clubs, auto repair shops, restaurants,
tourist homes, rooming or boarding houses and uses similar to those
listed above.
Except as provided hereinafter, no below-grade swimming pool and no aboveground swimming pool having a capacity of over 5,000 gallons shall be located, constructed or maintained on any lot in a residential use except in conformity with the requirements of Chapter
27 of the Code of the Town of Kent, the New York State Uniform Fire Prevention and Building Code, and State Energy Conservation Construction Code. Except as provided hereinafter, no below-grade swimming pool and no aboveground swimming pool having a capacity of over 5,000 gallons shall be located, constructed or maintained on any lot in a residential use except in conformity with the following requirements:
A. Such pool shall not be located nearer to the street
line than the principal building nor nearer than 15 feet to any property
line.
B. Every gate or other opening in the fence enclosing
such pool shall be self-enclosed and self-locking and shall be securely
locked at all times when said pool is not in use.
C. No loudspeaker or amplifying device shall be permitted
which can be heard beyond the lot lines of the lot on which said pool
is located.
D. No lighting or spotlighting shall be permitted which
will project light rays beyond the lot lines of the lot on which said
pool is located.
E. Adjacent to every side and rear lot line nearest to
the pool, there shall be a protective planting strip not less than
six feet wide, consisting of suitable plant material capable of attaining
a height of not less than six feet. Such screen shall be maintained
at such height for the life of the pool. This requirement may be waived
upon application by the Planning Board wherever such Board finds that
natural conditions render such screen unnecessary.
F. An aboveground swimming pool having a capacity of
5,000 gallons or less shall not require a permit.
The storage or parking of recreational vehicles,
including, without limitation, motor homes, travel trailers, tent
campers, camping trailers or similar such devices, whether self-propelled
or not, or trailers and boats is hereby prohibited on vacant lots
in all residential districts and regulated on occupied lots in accordance
with the following requirements:
A. One recreational vehicle may be stored, but not used
for any purpose on an occupied lot in any residential district, provided
that such recreational vehicle is not stored within any required yard
nor between the street line and the principal building except within
an approved driveway.
B. Where a building permit has been issued for the construction
or alteration of a building, the Building Inspector may issue a temporary
permit for one or more construction trailers for a period not to exceed
one year. The number of trailers shall be limited to that which the
Building Inspector shall deem to be necessary in each case. Said temporary
permit may be extended for additional successive periods of six months
each if the Building Inspector finds that construction has been diligently
pursued and that justifiable circumstances require such extension.
Said trailer may be occupied during the term of the temporary permit
and shall be situated upon the lot for which the building permit has
been issued.
C. Not more than one boat with a length in excess of
22 feet per dwelling unit may be stored on any lot in any residence
district, provided that such boat shall not be stored within any side
yard nor nearer to any street line than the nearest point of construction
of the principal building except within an approved driveway.