(a)

No building, structure, or premises shall be created, remodeled or used within the restricted business use district which are intended, arranged or designed to be used for other than for one or more of the following:

(1)

Store or retail sale, excluding stores or retail establishments involving the sale of tobacco, cannabis, hookah, or vaping devices and products.

(2)

Business, professional or medical offices.

(3)

Restaurant.

(4)

Theater limited to one hundred (100) seats.

(5)

Specialty shop for making articles for retail sale on premises that does not emit noxious fumes or odors or excessive noise, excluding the making of articles involving tobacco, cannabis, hookah, or vaping.

(6)

Banks.

(7)

Funeral homes without cremation facilities.

(8)

Residential uses not occupying first floors, provided that the livable space is not less than one thousand (1,000) square feet.

(9)

Photographic or artist studio.

(10)

Educational facilities.

(11)

Print and graphic shop.

(12)

Barber, beauty parlor or day spa.

(13)

Repair shops not involving automobiles.

(b)

All activities shall be conducted wholly within an enclosed structure, or as allowed by law outside of an enclosed structure. The displaying, storing and selling of seasonal-type merchandise and products related to retail activities carried on in the structure are permitted outside of the structure provided said merchandise and products are neither subject to harm by exposure to the elements nor hazardous to abutting premises

(c)

Seasonal outdoor dining shall be permitted by special permit in accordance with article XIV.

(d)

Automobile repair facilities, gasoline stations, automobile service facilities (including gas, car, retail shops, oil change facilities or auto sound equipment installation facilities) are prohibited.

(e)

Smoke shops, cannabis or tobacco retail, or any establishments which provide, distribute, store, or otherwise maintain tobacco, cannabis, hookah, or vaping products on site are prohibited.

(f)

Off street parking, where provided or required, shall be located in the rear of the structures only and shall be screened in accordance with section 25-95.

(L.L. 6-2006, § 1, 6-20-06; L.L. No. 5-2011, § 1, 8-16-11; L.L. No. 2-2024, § 1, 7-16-24)

(a)

No structure shall exceed five thousand (5,000) square feet in base floor area not two (2) stories or thirty (30) feet in height. All rooftop mechanical equipment and antennae must be completely screened from public view.

(b)

Towers and antennas shall comply with the provisions of articles XI and XII of this chapter.

(c)

Facades and exterior finishes shall conform to the surrounding neighborhood. They shall not be visually inappropriate or offensive by reason of poor quality of exterior design, workmanship or materials, by excessive similarity or striking visual discord in relation to the site or its surroundings. Vinyl or aluminum siding, asphalt, plywood or painted brick or masonry exteriors are prohibited.

(d)

Any legal, preexisting facade or exterior finish may continue for a period of ten (10) years from the date of the adoption of this article provided it conforms to all other applicable regulations of the Kenmore Municipal Code and the building code of the state. The zoning board of appeals may permit a longer amortization period upon submission of competent proof by the owner or occupant of the property that a longer amortization period is necessary to allow the owner or occupant to recover its investment.

(L.L. 6-2006, § 1, 6-20-06)

The maximum depth of a lot within the restricted business use zone that may be used for approved restricted business uses shall be two hundred (200) feet measured from the Delaware Avenue right-of-way. To be in the restricted business district, a lot or tax parcel must have frontage on Delaware Avenue.

(L.L. 6-2006, § 1, 6-20-06)

(a)

Front yards. The minimum building setback line for front yards shall be a minimum of six (6) feet from the public right-of-way. Buildings on corner lots shall be set back a minimum of six (6) feet from any public right-of-way.

(b)

Permissible projections into front yard setback.

(1)

A vestibule may project up to two (2) feet into the required front yard setback provided that the total width of such vestibule does not exceed thirty-three (33) percent of the total street frontage the building occupies.

(2)

A canopy or decorative cornice may project up to six (6) feet but not beyond the lot line into the required front yard setback provided the canopy is installed with a minimum ten-foot clear height beneath.

(c)

Side yards. The minimum width of side yards in the restricted business district for all new construction, including additions to existing buildings and any projections thereto shall be governed by the applicable distance separation requirements established by the building codes of the state.

(d)

Rear yards.

(1)

No building or addition thereto shall extend closer than ten (10) feet or the required distance separation established by the building codes of the state (whichever is greater) from the rear property line in the restricted business use district.

(2)

Rear yards shall include necessary fencing, landscaping and buffering in accordance with section 25-95.

(L.L. 6-2006, § 1, 6-20-06)

(a)

All buildings, yards, sidewalks, open spaces, parking areas, storage areas and service areas shall be landscaped in a manner which will harmonize with the proposed building and the surrounding commercial area. Any paved area between a building and any right-of-way shall not be covered with paint or other substance.

(b)

Areas between street curbing or the edge of public rights-of-way and sidewalks on village-owned streets shall be landscaped. Tree planting shall be required at no more than thirty (30) linear feet between trees. Shrubs or similar materials shall not exceed three (3) feet in height and trees shall be pruned so as not to create vision obstructions or obstruction to pedestrians.

(c)

Business properties which immediately abut residential properties or uses shall install a combination of opaque fencing and shrub plantings spaced at a maximum of five (5) feet on center, along the property lines abutting the residential properties or uses. The planning board may waive the shrub buffering requirement as part of its site plan review, on a case by case basis. Fencing shall comply with section 25-183 and shall be of a material acceptable to the building inspector.

(d)

Within large off-street parking areas measuring ten thousand (10,000) square feet or more, the paved area for parking shall be interrupted by landscaped islands placed within rows of parking spaces so that no row of parking exceeds fifteen (15) spaces without landscaped islands. Islands shall be a minimum five (5) feet in width and shall be curbed or provided with acceptable alternative edge definition.

(e)

All plants, trees and shrubs shall be of minimum three-inch caliper for trees and two (2) feet minimum height for shrubs and be of a variety on a list maintained by the department of public works.

(f)

Dumpsters shall be surrounded by opaque fencing to a minimum height of one foot above the dumpster unit. Wherever practicable, dumpsters and trash receptacles shall be placed in the rear of the building and landscaped.

(g)

All landscaping is to be well-maintained, including, but not limited to, weeding, trimming, mowing, removal of grass and shrub trimmings, weeds and leaves, and removal and replacement of dead shrubs or trees. Where more than ¼ of a bush, plant or tree is dead, said bush, plant or tree will be immediately removed and replaced with landscaping of similar species and size.

(L.L. 6-2006, § 1, 6-20-06; L.L. 6-2018, § 1, 7-17-18)

(a)

Off-street parking areas shall be constructed of approved materials (concrete, blacktop, brick or other hard surface) and shall be adequately and appropriately drained.

(b)

Off-street parking areas shall be located at the rear of the lots only, shall have direct access to a public street or right-of-way, and shall be screened with buffering and landscaping in accordance with section 25-95.

(c)

Off-street parking spaces shall be a minimum of nine (9) feet in width and eighteen (18) feet in length and served by aisles not less than twenty-four (24) feet in width for two-way traffic nor less than twelve (12) feet in width for one-way traffic.

(d)

All ingress and egress driveways shall be approved specifically by the village police department, the village superintendent of public works and the state department of transportation.

(L.L. 6-2006, § 1, 6-20-06)