This chapter shall be known as the Zoning Ordinance of the Village of Kenmore, New York.

(Ord. of 12-15-59, Art. I, § I)

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them below:

Accessory structure: A subordinate structure located on the same lot with the principal structure, occupied by or devoted to an accessory use. Where an accessory structure is attached to the principal structure in a substantial manner, as by a roof, such accessory structure shall be considered part of the principal structure.

Accessory use: A use which is incidental and subordinate to the principal use of the property, located on the same lot therewith.

Antique, precious metal, and/or jewelry exchange shop: A store that purchases antiques, precious metals, and/or jewelry from customers and offers these items for sale to the general public. This definition specifically excludes pawn shops, collateral loan brokers, or any other establishment lending funds using personal property as collateral, which are not permitted in the village. This definition also specifically excludes any type of exchange shop where anything other than antiques, precious metals, and/or jewelry is purchased from customers.

Apartment house: A multiple dwelling as the same is defined in the Multiple Residence Law of the state.

Building: Anything upon a lot, resting upon a support or foundation with doors or windows, and shall include verandas, bay windows, piazzas and porches.

Building line: A line running through a lot parallel with a street line between which line and the street line, buildings may not be built or structures erected, except as otherwise herein provided.

Collateral loan broker: This term shall have the meaning set forth in General Business Law, § 52. Collateral loan brokers are not permitted within the village.

Commercial garage: A business devoted primarily to the sale of new automobiles under a franchise from a manufacturer, together with used cars taken in exchange in the usual course of business, with the conditioning and repair of motor vehicles sold by the proprietor, together with occasional services to others.

Consignment store: An exclusively indoor sales establishment whose primary service is to receive a new or used retail product from a secondary party who entrusts the establishment to reimburse the second party, or trustee, upon the sale of the consigned product.

Corner lot: A parcel of land having lot lines at the junction of two (2) or more streets or having lot lines on the same street forming an interior angle of intersection of not more than one hundred thirty-five (135) degrees.

Family: One or more persons related by blood, adoption or marriage living or cooking together as a single housekeeping unit, or not more than four (4) individuals who are not so related, living together as a single housekeeping unit. One "family" may include up to four (4) borders or lodgers when such persons are part of the single housekeeping unit.

Fence: A structure erected around, along, by, or on any open space, lot, driveway, sidewalk or yard which prevents or impedes passage in or out of or encloses in full or part such open space, lot, driveway, sidewalk or yard, or which separates in full or in part any such open space, lot, driveway, sidewalk or yard from another such area. "Fence" shall not include stakes connected by string, wire or some other material temporarily erected to protect newly seeded yards, shrubs, trees, or other plantings.

Floor area: The total horizontal area of a building as outlined by its exterior main walls, not including any space the habitation of which is prohibited by any law, built-in or attached garages, porches or terraces.

Gasoline station or gas station: A use of premises or buildings thereon for the sale or storage of motor fuel, except as same may be used or maintained in connection with or incidental to an agency for the buying and selling of new motor vehicles.

Ground floor area: The maximum horizontal area of a building at the ground level, excluding open porches, terraces and steps and attached or built-in garage areas.

Hedge: A row of shrubs or bushes serving as a fence, as defined above.

Height of a building: The perpendicular distance between the bottom of the first floor joist and the top of the main rafter plate.

Industry: This term includes storage, repair, manufacture and preparation or treatment of any article, substance or commodity, and includes the operation of public garages, automobile washeries and paint shops.

Length of a building: The longest dimension through the main portion of such building and at right angles to an outside wall of the same.

Lot: A parcel of land which is or may be occupied by one building and accessory buildings customary and incidental to it, including such open spaces as are required, by this chapter and such open spaces as are arranged and designed to be used in connection with such building.

Pawn shop: An establishment where personal property is received and for which money is advanced, with the right of privilege granted to the person to whom said money is advanced to reclaim such property upon repayment of said money, together with all legal charges incident thereto. This definition includes collateral loan brokers. Pawn shops are not permitted within the village.

Private garage: This term includes a garage building in or about which no business or industry connected directly or indirectly with motor vehicles is conducted, and in which not more than three (3) automobiles shall be housed.

Public garage: A business which does not sell new automobiles under a franchise from the manufacturer but which performs services on cars or parts thereof combined with incidental sales of merchandise.

Setback: The distance from the street line to the part of the structure nearest the street line, measured at right angles to the street line, not including cornices, or open piazzas, porches or entrance steps.

Store for retail sales: A sales establishment that sells goods or commodities in small quantities to consumers. This definition specifically excludes establishments that purchase items of personal property from customers.

Street line: The line which is the joint boundary line between a lot and street or highway right-of-way and is not to be confused with the curb line of the street.

Structure: Anything upon a lot, other than a building, sidewalk, or driveway.

Swimming pool: A permanent or semi-permanent enclosure, construction, or excavation capable of containing water of more than two (2) feet in depth, and designed or intended to be used or capable of use for swimming and bathing.

Temporary parking of a motor vehicle: The parking of a motor vehicle in an off-street parking district for a period of not more than eight (8) consecutive hours.

Use: The purposes for which a building, structure or premises, or any part thereof, is or are occupied, or if unoccupied, the purpose for which they may be occupied hereunder.

Width of a building shall be the distance between the main walls of the building at right angles to the length and measured through the widest part of the building.

Yard: The area on a lot generally unoccupied by any building and extending along the lot lines and in towards the buildings. A "front yard" extends along the front lot line the width of the lot and back to the front of the building. A "rear yard" extends along the rear lot line and to the rear of the building. A "side yard" extends along the side lot line between the front and rear yards.

(Ord. of 12-15-59, Art. II, § 1; Ord. of 1-18-72; L.L. No. 6-1980, § 1, 6-5-80; L.L. No. 1-2015, § 2, 2-3-15)

The village is hereby divided into the following use districts:

(1)

Residential use district no. 1;

(2)

Residential use district no. 2;

(3)

Residential use district no. 3;

(4)

Restricted business use district;

(5)

General business use district;

(6)

Industrial use district;

(7)

Professional office use district;

(8)

Planned unit development districts;

(9)

Educational use district.

(Ord. of 12-15-59, Art. III, § 1; L.L. No. 1-1976, § 1, 5-4-76; L.L. 5-2006, § 1, 6-20-06; L.L. No. 3-2014, § 2, 2-18-14; L.L. No. 4-2014, § 1, 1-21-14)

State Law reference— Authority to establish zoning districts, Village Law, § 7-702.

The location and boundaries of the zoning use districts are established as delineated and shown on the zoning map dated March 6, 2018, which is attached to and forms a part of this chapter. The map designations are hereby declared to be a part thereof, and of this chapter. The original map is on file in the office of the village clerk.

(L.L. 12-2006, § 1, 11-07-06; L.L. 3-2018, § 1, 3-6-18)

Every person who commences, takes part in or assists in any violation thereof, or who constructs, maintains or uses any building, structure, or premises in, upon, or by which any provision of this chapter is violated, shall be punished as provided in section 1-7.

(Ord. of 12-15-59, Art. XIII, § II)