Kent City Zoning Code
ARTICLE III
R-80 Residential District
§ 77-7 Purpose and permitted uses.
This district is intended to conserve the more rural land areas within the Town by promoting a balance of open space and low-density, single-family residential uses consistent with natural resource constraints, the conservation of open space areas, and other compatible land use opportunities. In an R-80 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)
(*) Cemeteries for the interment of human remains; no crematorium.
(4)
(*) 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:
(5)
(*) Places of religious worship, including part-time religious schools, provided that no building or part thereof and no parking or loading area shall be located within 75 feet of any street line nor within 50 feet of any property line; and parish houses, parsonages and rectories which shall comply with the requirements set forth herein for one-family dwellings.
(6)
(*) Nursing home, convalescent home and alternative care house provided:
[Added 7-2-2019 by L.L. No. 4-2019[1]]
(a)
The minimum lot shall be five acres.
(b)
No building or part thereof or any parking area shall be located within 100 feet of any street or lot line.
(c)
The lot shall have frontage on a county or state road, and such county or state road frontage shall serve as the point of ingress and egress to the facility.
[1]
Editor's Note: This ordinance also provided for the redesignation of former Subsection A(6) through (8) as Subsection A(7) through (9), respectively.
(7)
(*) Nursery schools, family day-care home, or day-care centers subject to § 77-44.5 of this chapter.
(8)
(*) Public utility structures and rights-of-way, but excluding utility offices, garages, storage yards, and communication facilities.
(9)
Agricultural uses as defined in New York State Agriculture and Markets Law, provided that no building in which farm animals are kept and no storage of manure shall be located nearer than 100 feet to any street line or property line, and provided further that the keeping of horses and livestock shall be permitted only on lots having an area of two acres plus one acre for each such animal in excess of one. In addition, no greenhouse heating plant shall be located nearer than 50 feet to any street line or property line. One farm stand exclusively for the sale of agricultural products grown on the premises is permitted.
B.
Permitted accessory uses. (*) indicates a use that is also subject to Planning Board site plan approval pursuant to § 77-60 of this chapter.
(1)
(*) Off-street parking and loading in accordance with the provisions of Article XI of this chapter.
(4)
Artist studio, subject to special use permit approval by the Zoning Board of Appeals pursuant to § 77-44.6 of this chapter.
(5)
Private swimming pools and tennis and deck tennis facilities in accordance with the provisions of § 77-42 of this chapter.
(7)
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.
(8)
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)
(*) Golf courses and country clubs, exclusive of clubs whose activities include the maintenance, storage or takeoff or landing of aircraft, subject to the following requirements:
(2)
(*) 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:
(3)
(*) Institutions of higher learning, including colleges and universities, seminaries, convents, technical schools and the like, including accompanying service and administrative buildings and recreation facilities, subject to the following requirements:
(4)
(*) Hospitals authorized by the Department of Health of the State of New York, excluding hospitals with facilities for correctional purposes, subject to the following requirements:
(5)
(*) Eleemosynary institutions (other than correctional institutions, drug rehabilitation centers or institutions for the insane, but excluding administrative headquarters or branch office buildings thereof), subject to the following requirements:
(6)
(*) Commercial recreation uses, day camps, vacation campgrounds, seasonal camps, and horseback riding establishments, including stables, maintenance and service buildings and other accessory structures and uses incidental to the outdoor recreation area, subject to the following requirements:
(7)
(*) Communication facilities subject to the following requirements:
(a)
The minimum lot area for a communication facility involving a communication tower shall be based upon the compliance with the required minimum yard areas as set forth below, but in no case shall the minimum lot area be less than two acres.
(b)
The maximum height of any communication tower shall not exceed 100 feet.
(c)
No other principal use shall be permitted on a lot containing a communication tower.
(d)
For the purposes of calculating maximum lot coverage, coverage by a communication tower shall include the outer rectangular area drawn about the perimeter of the tower's base and any anchoring (such as guy wires).
(e)
For a communication tower with a height of 80 feet or less, no part thereof shall be located within a distance equal to the height of the communication tower, plus the minimum yard area requirements set forth below, of any street or lot line.
(f)
For a communication tower with a height in excess of 80 feet, no part thereof shall be located with a distance equal to twice the height of the communication tower of any street or lot line.
(g)
All permitted accessory structures, buildings, and ground equipment associated with a communication tower shall be completely enclosed and shall conform with the minimum yard requirements set forth below.
§ 77-8 Lot and bulk requirements.
B.
Minimum lot width. The minimum lot width shall not be less than 250 feet
C.
The minimum highway frontage shall be not less than 250 feet as measured along a single unbroken linear length at the street line.
D.
Maximum lot coverage. The area covered by all buildings shall not exceed 10% of the total lot area, unless otherwise specified.
E.
The maximum impervious surface coverage shall not exceed 30% of the total lot area.
G.
Maximum height. No building shall be erected to a height in excess of 2 1/2 stories or 30 feet.
§ 77-9 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-80 District. The Planning Board may use its discretion to waive or modify these standards.
(1)
Nonresidential uses proposed for previously undeveloped property abutting property zoned for residential use shall include a 20 foot landscaped buffer setback from adjoining properties. The landscape buffer shall be in addition to any other setback requirement for the district, and shall be planted with a mixture of evergreen and deciduous plantings. The Planning Board shall use its discretion to establish appropriate landscape buffer setbacks for redevelopment projects involving the conversion or the rehabilitation of existing structures and previously disturbed land areas.
(2)
Utilities shall, unless infeasible, be placed underground.
(3)
All streets and driveways shall be designed to permit the installation of electric, water, sewer, gas and other utilities underground, either initially or at the time major improvements or upgrades are made to the street or the particular service.
(4)
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.
(5)
Sidewalks shall be provided along any existing or proposed public street. The sidewalks shall be separated from the street by a tree lawn at least four feet wide. New streets shall, unless waived by the Planning Board, incorporate sidewalks into the design, and shall, where practicable, link with existing and future potential sidewalks and pedestrian pathways.
(6)
The use of through roads within new subdivisions is required unless the Planning Board determines that a through road is infeasible or that a cul-de-sac road would better protect the public health and safety. The right-of-way of any through road shall extend to the boundary line of the parent parcel in a location approved by the Planning Board.
(7)
To the extent practicable existing tree rows and hedgerows, stone walls, and similar features shall be retained in the development of any new use or the expansion of any existing use.
(8)
Site disturbance and phasing shall be designed to minimize tree clearing and changes to existing topography.
(9)
The use of a "boulevard" entrance for new streets and driveways is encouraged. Such boulevard entrance shall be improved with landscaping, fencing, stone walls or other suitable aesthetic improvements as approved by the Planning Board.
(10)
New buildings in proximity to historic structures and historic districts listed on the National or State Register of Historic Places shall be designed in a manner consistent with the general architectural features of such historic features in terms of form, materials, fenestration, and roof shape.
(11)
Off-street parking lots and loading areas shall be screened from adjacent properties by landscaping or fencing.
§ 77-10 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.