No building in any residential use district shall be used or occupied, in whole or in part for any purpose other than that for which the permit covering the erection or alteration of said building was issued, or for any purpose not expressly permitted by the provisions of this article.

(Ord. of 12-15-59, Art. IV, § I (f))

(a)

No building or structure shall be built or erected in residential use district no. 1 other than one-family dwellings for the residential purposes of one family only and private garages. One-family dwellings must equal or exceed the minimum dimensions established in this chapter.

(b)

No building or structure shall be erected in residential use district no. 2 except one- and two-family dwellings, churches, schools, libraries, clubhouses for fraternal organizations, buildings, for semi-public purposes, telephone exchanges, parks, recreation areas and all structures accessory thereto, and private garages. One- and two-family dwellings must equal or exceed the minimum dimensions hereby established.

(c)

Any use permitted within residential use district no. 1 or residential use district no. 2 shall also be permitted in a residential use district no. 3 with the addition of apartment houses.

(Ord. of 12-15-59, Art. IV, § I(a)—(c))

(a)

A one-family residence of the one floor type or plan shall have a ground floor area, as outlined by its main exterior walls, of not less than eight hundred (800) square feet, exclusive of attached garage, and utility room if no basement is constructed, except that on Keller Avenue and Mang Avenue between Elmwood Avenue and Military Road and on Tremaine Avenue between Wilber Avenue and Military Road, the floor area as outlined by its main exterior walls shall not be less than six hundred fifty (650) square feet.

(b)

A one-family residence, being more than one full story in height and less than two (2) full stories in height, shall have a ground floor area of not less than seven hundred twenty (720) square feet, exclusive of attached garage, and utility room if no basement is constructed.

(c)

A one-family residence, of the two (2) or two and one-half (2½) story type, shall have a floor area, as outlined by its exterior walls, of not less than one thousand forty (1,040) square feet on the first and second floors combined, exclusive of attached garage.

(d)

All two-family residences, and all types of the two (2) or two and one-half (2½) story type, shall have a ground floor area, as outline by its exterior walls, of not less than eight hundred (800) square feet, exclusive of attached garage, and utility room if no basement is constructed.

(e)

All habitable rooms shall have a clear ceiling height of not less than seven and one-half (7½) feet for first floors and seven (7) feet on second floors, however, the habitable rooms on the second floor of a residence having more than one story in height but less than two (2) full stories in height shall have fifty (50) percent or more clear ceiling height of seven (7) feet.

(Ord. of 12-15-59, Art. IV, § I (e))

Offices of doctors, surgeons, dentists, lawyers, musicians, architects, dressmakers connected with their private residences, are allowed in all residential use districts with the right to place on the premises one window or one door signboard as an advertisement of the occupation carried on within the premises of a size not greater than two (2) square feet, and the accessory uses allowed customary to all of the foregoing permitted uses, including private garages. Said sign must be professionally printed. The list of customary home uses may be amended, from time to time, by resolution of the board of trustees for the village.

(Ord. of 12-15-59, Art. IV, § II, 12-15-59; L.L. No. 5-2018, § 2, 7-3-18)

No person shall maintain or keep bees, chickens or other fowl, pigeons, or a dog kennel on any premises in any residential use district.

(Ord. of 12-15-59, Art. IV, § I (d))

Cross reference— Restrictions on keeping animals, Ch. 4.

No private garage, except a garage attached to a dwelling, shall exceed one story or twelve (12) feet in height. No private garage shall be larger than six hundred sixty (660) square feet, nor exceed twenty-two (22) feet for one ground dimension and thirty (30) feet for the other. In the event the ground garage area on any parcel does not exceed six hundred sixty (660) square feet, then an addition for auxiliary storage purposes may be constructed on said premises, provided said addition, together with any garage on said premises, does not exceed six hundred sixty (660) square feet and provided that said addition is constructed adjacent to the rear of the house or adjacent to the side or rear of the garage. Any such addition shall be similar in exterior construction to the building to which it is attached or, in the alternative, of metal. No such addition shall be constructed or placed until after the issuance of a building permit therefor.

(Ord. of 12-15-59, Art. IV, § 1(f); Ord. of 12-7-65; L.L. No. 1-1987, § 1, 4-7-87)

(a)

In a residential use district no building or accessory thereto shall be used other than for a use above specified and for auxiliary uses reasonably incidental thereto.

(b)

The term "accessory uses" as applied to such districts shall not include a business use except as is otherwise indicated.

(c)

In addition to passenger vehicles, station wagons, or autobuses used for private purposes, it shall be lawful for a portion of premises to be occupied by a single vehicle ordinarily used for business purposes, whether or not said vehicle is in fact employed for a business purpose; provided, however, that said vehicle does not exceed a one-ton classification and said vehicle is not parked on that portion of premises lying between the front building line and the street line.

(d)

On corner lots, no vehicle ordinarily and/or actually being used for business purposes, other than passenger vehicles, station wagons, and autobuses free of visible advertising of services, products or businesses, shall occupy that portion of premises lying between the house side building line and the side street line, unless such vehicle is contained entirely within a garage.

(e)

No garage or portion of premises shall be used for parking of any vehicle in excess of a one-ton classification.

(Ord. of 12-15-59, Art. IV, § I(g); Ord. of 9-21-71)

(a)

Building permit. A building permit shall be required before any driveway may be installed or replaced. Applications shall be made to the building department and shall contain all information and documentation required by said department.

(b)

Driveways.

(1)

In a residential use district, driveways shall be paved with concrete, asphalt, bricks or pavers

(2)

In residential use districts, no driveway shall be placed or constructed that exceeds in width ten (10) feet plus ten (10) percent of the width of the tax lot on which it is constructed or placed, but in no event shall the width exceed sixteen (16) feet.

(3)

No part of the driveway shall be placed or constructed closer than twelve (12) inches from an adjoining lot line.

(4)

The driveway shall not be placed or constructed so that any part of it that lies between the dwelling and the sidewalk exceeds eighteen (18) inches in width.

(5)

The top surface of the driveway shall not exceed the average elevation of the adjoining lots and shall be so placed or constructed as to cause water to drain away from the adjoining lots.

(6)

The provisions of subsection (3) shall apply only to any driveway placed or constructed after January 1, 2007.

(7)

Notwithstanding subsection (2), the following provisions shall apply to multiple car garages:

a.

If the garage is located behind the dwelling house, the width of the driveway between the rear of the dwelling house and the garage may extend the full width of the garage; and

b.

If the garage is attached to the dwelling house, but not located behind it, the width of the driveway may extend the full width of the garage.

(Ord. of 12-15-59, Art. IV, §§ VI, VII; Ord. of 8-7-62; L.L. No. 14-2006, § 2, 12-5-06; L.L. No. 2-2007, § 1, 9-18-07; L.L. No. 10-2018, § 1, 12-18-18)

Cross reference— Driveways generally, § 17-51 et seq.

(a)

The line of setback of all buildings and structures erected, constructed, or built within these residential use districts shall be not less than the average setback of all buildings for a distance of three hundred (300) feet on each side of said building, but in no event shall the line of setback be less than twenty-five (25) feet except on the northerly side of Tremaine Avenue between Melrose Avenue and Military Road, the setback shall be not less than twenty (20) feet. In case of a building erected or built on a corner lot, the line of setback shall be covered by the setback line of the street on which the narrow frontage of the lot faces, but so far as possible, the building shall also conform to the line of setback of the other street, and shall not be less than five (5) feet from the side lot line. No private garage, carport, or parking pad, shall be erected or placed in the residential use districts nearer than twenty-five (25) feet back of the street line, except on the northerly side of Tremaine Avenue between Melrose Avenue and Military Road the setback shall be not less than twenty (20) feet from the street line. No private garage, carport, or parking pad shall be erected or placed in the residential use districts on a corner lot nearer than eight (8) feet to the side street line except lots on Melrose Avenue on which lots garages may be constructed not less than three (3) feet from Melrose Avenue.

(b)

Wherever a front building line is established pursuant to the within section, it shall not include verandas, porches or porte cocheres, whether open, enclosed, or excavated under, but any projection as herein described shall not protrude into the restricted area a distance of more than nine (9) feet.

(Ord. of 12-15-59, Art. IV, § III; L.L. No. 5-1999, §§ 1, 2, 7-6-99)

Every building or structure erected, constructed or built within residential use districts shall have a side yard area on each side thereof, which said side yard shall be of the width of not less than the minimum width on each side of the building or structure set down in the following schedule:

(Ord. of 12-15-59, Art. IV, § V)

(a)

There shall be not less than one and one-half (1½) off-street parking spaces for each dwelling unit located in residential use districts 1, 2, and 3. Each space must consist of an enclosed garage or a properly drained and paved area not less than eight (8) feet by twenty (20) feet, exclusive of unusable space and turn areas. No off-street parking area shall be located between the street line and the building line.

(b)

The off-street parking area herein required may be incorporated in full or in part within the main structure of the residential building provided that detailed plans and specifications therefor be first approved by the board of trustees.

(c)

This section shall not apply to structures currently occupied as dwelling units located in residential use districts 1 and 2, or to one- and two-family houses currently occupied in residential use district 3 which were in existence prior to June 1, 1999.

(Ord. of 12-15-59, Art. IV, § 1(h); Ord. of 10-19-65; L.L. No. 5-1999, §§ 1, 3, 7-6-99)

In residential use districts no motor vehicle shall be parked or permitted to stand on any unpaved portion of any lot. Parking of seasonal travel vehicles, boats, trailers, or recreational vehicles is also permitted within all the building setback requirements only, provided that the vehicles are not used for living purposes and do not obstruct vision nor occupy required parking space.

(Ord. of 12-15-59, Art. IV, § VIII; Ord. of 8-7-62; L.L. No. 1 of 1989, § 1, 1-17-89)

(a)

Title. This section shall be known and may be cited as the "Garage and Yard Sales Law of the Village of Kenmore, New York."

(b)

Purpose. This section is enacted to control and restrict garage and yard sales to protect the public health, safety and convenience and to restrict the frequency of such sales to help preserve the character of residential neighborhoods. This section further intends to eliminate repeated, perpetual and/or prolonged garage and yard sales in residential use districts. If unregulated, garage and yard sales could result in the equivalent of commercial retail businesses operating in residential areas in violation of the village's zoning laws.

This section is not intended to amend any other provision or chapter of the village zoning code, also known as chapter 25 of the Kenmore Municipal Code.

(c)

Definition. As used in this chapter, the term "garage sale" shall mean any sale of personal property which takes place at a residence or property within a residential zoning district of the village. Garage sales shall only offer used items of personal property owned by the resident(s) of the property where the sale is held, or, more specifically, items shall not be purchased specifically to be sold at a garage sale.

For purposes of this article, the term "garage sale" includes, but is not limited to, the terms "yard sale," "tag sale," "porch sale," "lawn sale," "attic sale," "basement sale," "rummage sale," and "estate sale."

(d)

General regulations.

(1)

It shall be unlawful for any person or persons to conduct more than two (2) garage sales in a single calendar year in any residential zoning district within the village without first obtaining a permit from the village clerk to conduct a third (or subsequent) sale.

(2)

All garage sale applications shall be submitted to the village clerk. The application shall state the name and contact information of the applicant, the address where the garage sale is to take place, and the dates and times on which the garage sale is to occur.

(3)

Each application for a garage sale permit shall be accompanied by a fee, as set by the board of trustees by resolution.

(4)

Upon receipt of a garage sale application, the village clerk shall review the application for compliance with subsections (d)(2) and (d)(3) above. If the application complies with subsections (d)(2) and (d)(3) and the applicant has included payment of the requisite fee, the village clerk shall issue the applicant a permit to conduct the garage sale.

(5)

The duration of any garage sale shall not last longer than one calendar day, but in any event shall comply with the time restrictions in subsection (d)(6) below.

(6)

Garage sales shall be conducted between the hours of 8:00 a.m. and 5:00 p.m. only.

(7)

The provisions above notwithstanding, no resident of the village shall be permitted to conduct more than four (4) garage sales in a single calendar year, or such other number as set forth by the board of trustees by resolution.

(e)

Signs and advertisements. Garage sales may be advertised through the newspaper or other media sources. On the day preceding and day(s) of the garage sale, a temporary sign no larger than three (3) feet by three (3) feet may be installed at the residence where the garage sale is occurring to advertise said sale. Any signs so erected shall be removed at the end of the sale.

No other signs, bills, flyers, posters, or other notices advertising a garage sale shall be placed on any telephone pole or other structure not at the residence where the garage sale is to be conducted without the express written permission of the owner of the location where the sign is to be placed.

(f)

Penalties for violation. Any person who violates any of the provisions of this section shall, upon conviction thereof, be punishable by a fine not exceeding seven hundred fifty dollars ($750.00), or by imprisonment for a term not exceeding fifteen (15) days, or both. Each day that a violation of this section continues shall constitute a separate offense.

(L.L. No. 2-2015, § 1, 10-6-15)