(a)

The following uses are permitted as-of-right uses within the general business use district:

(1)

Any use permitted within the restricted business use district.

(2)

Theater, limited to three hundred (300) seats.

(3)

Dry cleaning plant and/or pickup station using only nonflammable fluids in self-contained, solvent-reclaiming units when the work performed is directly for the owners. No subcontract work is permitted.

(4)

Medical clinics.

(5)

Laundromats.

(6)

Family billiard parlor.

(7)

Automobile repair facilities.

(8)

Consignment stores, as defined in section 25-2.

(9)

Antique, precious metal, and/or jewelry exchange shops, as defined in section 25-2.

(b)

Any use not specifically listed in section 25-97(a) is not allowed within the general business use district. No land within the general business use district shall be used, intended, arranged, or designated to be used for any other use than those listed in section 25-97(a). No building, structure, or premises shall be created, remodeled, or used within the general business use district which are intended, arranged, or designated to be used for other than those listed in section 25-97(a).

(L.L. 7-2006, § 1, 6-20-06; L.L. No. 1-2015, § 1, 2-3-15)

(a)

No structure shall exceed ten thousand (10,000) 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 antennae shall comply with the provisions of articles XI and XII.

(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 exteriors are prohibited.

(d)

Any legal, pre-existing 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.

(e)

Off-street parking, where provided or required, shall be screened from public view in accordance with section 25-101.

(L.L. 7-2006, § 1, 6-20-06)

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

(L.L. 7-2006, § 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 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 general 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 general business use district.

(2)

Rear yards shall include necessary fencing, landscaping and buffering in accordance with section 25-101.

(L.L. 7-2006, § 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 a 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 with trees placed 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 one of a variety on a list maintained by the department of public works.

(f)

Dumpsters shall not be allowed unless as part of an approved site plan. 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. 7-2006, § 1, 6-20-06; L.L. 6-2018, § 2, 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 25-101.

(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 Erie County.

(L.L. 7-2006, § 1, 6-20-06)

(a)

Any lot or tax parcel that abuts Kenmore Avenue shall be part of the Kenmore Avenue corridor.

(b)

Pursuant to the authority of Village Law, § 7-703, the board of trustees finds that, because of the economic requirements imposed on developers seeking to develop property abutting Kenmore Avenue, called the Kenmore Avenue corridor, certain redevelopment goals identified in the village's comprehensive plan concerning the Kenmore Avenue corridor, justify the granting of zoning incentives or bonuses in regard to open area, height, base floor area of buildings and other bulk requirements. The board of trustees, after evaluating the effects of potential incentives which are possible by virtue of the provision of community amenities, further finds that the Kenmore Avenue corridor contains adequate resources, environmental quality and public facilities and that there will be no significant environmentally damaging consequences and that the incentives or bonuses are compatible with the development otherwise permitted in that part of the district.

(c)

On a case-by-case basis, justified by written findings, the board of trustees may increase the base floor area of buildings, increase height allowances or decrease setback requirements by up to twenty-five (25) percent where an application for rezoning, zoning variance or site plan approval involves construction of professional, medical or general office buildings, factories for light industrial uses, or retail plazas in the Kenmore Avenue corridor where such new construction will replace existing housing or deteriorated structures.

(d)

An applicant for such incentives or bonuses shall request such as part of an application for rezoning, a zoning variance, or site plan, subdivision or other approval. When public hearings are required, the notice of the hearing shall state clearly the incentives or bonuses requested, the existing zoning standard, the percentage deviation from the existing zoning standard and the benefits conferred on the community. The environmental review of the proposed project shall include all impacts that could result from granting the requested incentives or bonuses in whole or part, including the impact of benefits received by the community.

In addition, the applicant shall pay a proportionate share of the generic environmental impact statement prepared by the board of trustees pursuant to Village Law, § 7-703(3)(d). The board of trustees shall evaluate the benefit to the community of the proposed project in exchange for the particular incentive requested on a case-by-case basis and may approve, approve with conditions or deny the request.

If the board of trustees determines that a suitable benefit to the community is not immediately feasible or otherwise not practical, the board may require, in lieu thereof, a payment to the village in a sum to be determined by the board of trustees. If the cash is accepted in lieu of the community benefit, such sum shall be deposited in a trust fund to be used exclusively for the specific purpose of upgrading the Kenmore Avenue corridor.

(L.L. 7-2006, § 1, 6-20-06)