Cheektowaga City Zoning Code
ARTICLE III
Business Districts
§ 260-29 Site plan review.
A site plan shall be submitted for review by the Planning Board for all developments and for additions in excess of 350 square feet or change of use in all districts covered by the article.
§ 260-30 NS Neighborhood Services District.
The intent of this section is to provide a transitional zoning district within the Town for uses which are less intensive and/or obtrusive than retail business uses, are more compatible with nearby or adjacent residential uses and which are strictly limited to those uses which are in an enclosed building.
A.
Permitted uses.
(1)
Principal uses.
(a)
Telephone exchange.
(b)
Real estate, law or insurance offices.
(c)
Mortuary.
(d)
Art, dance, music or photographer studios.
(e)
Optician or optometrist.
(f)
Meeting rooms for private club, lodge or fraternal organization.
(g)
General medical-surgical hospital for the treatment of human ailments, on a site of five acres or more.
(h)
Medical building consisting of offices or clinic for medical doctors, dentists, chiropractors, chiropodists or podiatrists.
(i)
Nursing or convalescent home.
(j)
Nonprofit institutions for charitable, religious, cultural or community social purposes, not including the housing of individuals or harboring of animals.
(k)
Nursery school as licensed and regulated by the State of New York, and operated for profit.
(l)
Other administrative, professional or executive offices, but not including the handling, repairing, processing, keeping displaying, selling, manufacturing, servicing or storing of any goods or merchandise upon the premises.
(m)
Personal service establishment, i.e., barbershop, beauty parlor, etc.
(2)
Accessory uses.
(a)
Dwelling units, not exceeding 50% of the gross floor area of the principal structure.
(b)
Restaurant, newsstand, pharmacy or other incidental services in connection with a hospital, medical building or nonprofit institution, club, lodge or fraternal organization, but only when conducted and entered from within the building, provided that no exterior display or advertising shall be permitted.
(c)
Other customary accessory uses.
(d)
Signs, as permitted and regulated by this chapter.
(e)
Off-street parking, loading and stacking spaces or structures, as permitted and regulated by this chapter.
B.
Required lot size. Unless otherwise provided, the lot size shall be as specified in this section.
(1)
Minimum lot width: 50 feet.
C.
Required open space. Unless otherwise provided, the minimum required open spaces for structures, parking, loading, and stacking areas shall be as specified in this section.
D.
Maximum height of structures. The maximum height of a structure shall be 30 feet.
E.
Maximum lot coverage. As uses, yard and off-street parking, load and stacking and landscaping requirements permit.
F.
Enclosure. All principal and accessory uses, except signs, landscaping and off-street parking, loading and stacking, shall be conducted within completely enclosed structures.
§ 260-31 C Retail Business District.
The intent of this section is to provide a zoning district which would allow for the sale of goods and services to the general public within enclosed buildings. The goods and services offered within this district typically generate larger volumes of traffic than are generated by uses in the NS District, or are conducted from large complexes. These areas are typically isolated from residential areas by the transitional zoning district or abut the rear of residential areas, have direct access to main roads, and usually take the form of plazas.
A.
Permitted uses.
(1)
Principal uses.
(a)
Any use permitted in the NS District.
(b)
The following uses, when conducted entirely within an enclosed building:
[1]
Retail sales.
[2]
Shoe repair, tailor, hat cleaning, or similar uses related to personal apparel.
[3]
Laundromat, dry-cleaning or laundry-pickup station.
[4]
Dry-cleaning and pressing establishment limited to 2,000 square feet of floor area per establishment.
[5]
Hotel or motel.
[6]
Full-service restaurant (as defined in Article XI), except that no sale of alcoholic beverages for consumption on the premises shall be permitted on any lot where a side lot line abuts any R District boundary.
[7]
Dog grooming with no overnight harboring of animals.
[8]
Medical facility for the purpose of fabricating prosthetics, such as dentures and limbs, not engaged in research or experimental work, with a gross floor area not exceeding 3,000 square feet.
[9]
Amusement/recreational enterprise, limited to indoor theaters, gymnasiums and early-child activity centers.
(c)
Banks.
[Amended 5-19-2008 by L.L. No. 5-2008]
(d)
The following uses by special permit authorized by the Town Board. Access drives, reservoir spaces, off-street parking spaces and utilities, where required, shall be approved by the Town Board.
[1]
Eating or drinking establishment serving alcoholic beverages on a lot where a side lot abuts any R District boundary.
(e)
Beverage container redemption stores. A beverage container redemption store is permitted in accordance with the district use tables and subject to the following standards:
[Added 3-18-2013 by L.L. No. 2-2013]
[1]
Redemption stores shall only accept containers for soft drinks and other beverages that are utilized for human consumption and for which a deposit is required to be collected by a retail merchant. Other recyclable containers or products shall not be permitted.
[2]
All activities associated with a redemption center shall be conducted entirely within an enclosed building.
[3]
The use of trailers or roll-on/roll-off containers shall not be permitted for the storage and/or processing of beverage containers. All beverage container product received shall be by point of redemption by an individual. Bulk transfer of beverage containers by third parties for processing shall not be permitted at a beverage container redemption store.
[4]
All shipments of containers out of the beverage container store shall be on a regular basis; the use of trailers/delivery trucks for stockpiling of containers is not permitted. All such delivery trucks shall be at an approved loading door for purposes of receiving product for shipment. Trucks and/or trailers shall not be stored on premises.
(2)
Accessory uses.
(a)
Shops for the manufacture or processing of articles incidental to the conduct of a retail business lawfully conducted on the premises, provided that:
(c)
Other customary uses, including applicable accessory uses permitted and as regulated in the NS District.
(d)
Accessory garage for the installation of motor vehicle equipment or accessories purchased in the retail store (principal use), provided that:
C.
Required open space. Unless otherwise provided, the minimum open space shall be as specified in this section.
(1)
Front yard: 50 feet.
(2)
Side yards (two required).
(a)
Minimum: 10 feet.
(b)
Where a side yard abuts any residential district boundary, its width shall be not less than 20 feet or a distance equal to the height of the principal building, whichever is greater.
(c)
Where a side yard is used for one-way vehicular access, it shall be at least 18 feet wide with a twelve-foot driveway.
(d)
Where a side yard is used for two-way vehicular access, it shall not be less than 30 feet wide with no more than a twenty-four-foot-wide driveway.
D.
Maximum structure height: 30 feet.
§ 260-32 CM General Commercial District.
The intent of this section is to provide an area for businesses that require outdoor display or storage areas in the normal operation of the business. The district also provides an area for businesses that, due to their nature, generate large volumes of traffic, result in large number of people gathering and can result in higher levels of noise.
A.
Permitted uses.
(1)
Principal uses.
(a)
Principal uses permitted in the C District, without the requirement for the conduct of business in an enclosed building, except as hereafter provided.
(b)
Drive-in restaurant, but not on any lot where a side lot line abuts any R District boundary.
(c)
Eating or drinking establishments, without limitations on the sale of alcoholic beverages.
(d)
Monument sales establishments, with incidental processing to order, but not including the shaping of headstones; provided, however, that all processing shall be conducted within a completely enclosed building.
(e)
Privately owned recreational uses including but not limited to tennis, racquetball and handball facilities, basketball, swimming and ice-skating facilities.
(f)
Laundry or dry-cleaning facility.
(g)
Amusement/recreational enterprises, including arcades and pool halls, provided that they are conducted within a completely enclosed building.
(h)
The following uses, provided that they are conducted within a completely enclosed building or within an area enclosed by a solid fence or wall:
[1]
Limousine service with no more than four vehicles not exceeding 30 feet in length. No vehicle repairs or maintenance, other than washing, vacuuming and waxing, are to be conducted on the premises.
[2]
Small-animal hospital with no outside kennels.
[3]
Machine or tool sales, rental or service.
[4]
Custom shops, including but not limited to printing, electrical, heating, plumbing and woodworking shops.
(i)
Commercial picnic grove.
(j)
Drive-in theater.
(k)
Golf driving range.
(l)
Self-service storage facility.
(m)
Building materials supply yard, including incidental millwork facility.
(n)
Golf course, including pro shop, restaurant, banquet facility, service buildings and driving range, provided that no building is closer than 50 feet to any property line.
C.
D.
Maximum height. Unless otherwise provided, the maximum permitted height shall be 40 feet.
§ 260-33 MS Motor Service District.
The intent of this section is to provide areas within the Town for the location of transportation-oriented commercial uses designed to serve the needs of motorists and related vehicular needs. A change in use from one permitted use to another permitted use or establishing a new permitted use within this zoning district shall require a special use permit issued by the Town Board.
A.
Permitted uses.
(1)
Principal structures and uses.
(a)
Motor fuel dispensing station open to the public.
(b)
Tire, battery and accessory stores with installation/servicing facilities.
(c)
Motor vehicle and trailer, repair and service establishments.
(d)
Motor vehicle washing establishment.
(e)
Boat or marine sales and service.
(f)
Motor vehicle parking/storage area serving public or private transportation facilities.
(g)
Collision shop.
(h)
Motor vehicle, new, sales and service.
(i)
Motor vehicle, new and/or used, rental or lease.
(2)
Accessory structures and uses.
C.
Required open space. Unless otherwise provided, the minimum required open spaces shall be as specified in this section.
(1)
Front yard: 50 feet.
(4)
Parking, loading, and stacking areas: 10 feet from any lot line except along a street line [see § 260-43B(2)].
(5)
Interior minimum building separation: 30 feet.
(6)
Fuel pumps and pump islands may be located in any yard abutting a street right-of-way and in any other yard not abutting a residential district but shall be at least 20 feet from any lot line and 10 feet from any building.
D.
Maximum height of structures. The maximum height of a structure shall be 40 feet.
E.
In the Motor Service District or in any other district containing a legal nonconforming Motor Service District use, a maximum of one motor vehicle per 500 square feet of gross floor area of the building which is awaiting repair work and does not have valid registration, properly mounted license plate and current state inspection sticker may be permitted in the exterior areas of a property until such reasonable time as it is repaired. The exterior areas, where such use is permitted by this chapter, must be adequately drained, properly paved and screened from adjoining properties. Such vehicles must be awaiting repair and not stored in the exterior areas for the purpose of salvaging parts.
G.
In the Motor Service District or in any other district containing a legal nonconforming Motor Service District use, parts, tires and other items utilized in any part of the business shall not be stored in open areas of the premises. Storage shall be within a fully enclosed building.
§ 260-34 CF Community Facilities District.
The intent of this section is to provide a special zoning classification for public and semipublic facilities, including governmental, religious, educational, protective and other civic facilities in order to ensure the proper location of such facilities in relation to transportation and other land uses within the Town, compatibility of such facilities with adjacent development and proper site design and land development.
A.
Permitted uses.
(1)
Principal structures and uses.
(a)
Cemeteries, including mausoleums, provided that mausoleums shall be a distance of at least 200 feet from any adjoining residence district, and provided further that any new cemetery shall contain a single contiguous area of 20 acres or more.
(b)
Colleges, universities, technical and theological schools, including their buildings, owned or leased for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, fraternities and sororities, multifamily apartment dwellings for housing students or staff members.
(c)
Governmental structures and uses.
(d)
Human health-care institutions providing inpatient care.
(e)
Not-for-profit institutions providing care and protection of persons.
(f)
Wildlife reservations or conservation projects, including related structures.
(g)
Publicly owned recreation uses.
(h)
Schools.
(i)
Public utility stations and exchanges.
(j)
Other civic uses, including museums, libraries, senior centers, youth centers, places for public assembly, fraternal organizations, private clubs and civic associations.
(2)
Accessory structures and uses.
(a)
Uses and structures customarily incidental to the above.
(b)
Private and parochial schools and day-care centers, accredited when required by New York State, when accessory to a church, synagogue or other place of public worship.
(c)
Off-street parking, loading and stacking spaces of structures as required by this chapter.
(d)
Residence for custodians or staff.
(e)
Signs as permitted and regulated by this chapter.
B.
Required lot size. The area or parcel of land for a permitted community facility shall be as required to provide a site adequate for the main and accessory buildings, off-street parking, loading and stacking and landscaping and other accessory uses, yards and open spaces.
C.
Required open space. Unless otherwise provided, the minimum required open spaces shall be as specified in this section.
(1)
Front yard: 50 feet.
(5)
Maximum structure height: 65 feet.
(6)
Boundary treatment. Fences, walls or plantings or other screening materials may be required to provide visual screening between adjacent structures and uses and parking or other areas or uses on the parcel.
(7)
Outdoor recreation activities shall not be permitted within 50 feet from an abutting residential district.
(8)
Exterior wall surfaces of buildings shall be of masonry, wood, glass or metal or a combination facing of these materials. Exterior wall facings and mansard roofs shall not include asbestos or corrugated metal products. Any side or rear wall facing a street, residential district or public or semipublic area shall consist of the same facing materials as the building front.