Cheektowaga City Zoning Code
ARTICLE VI
Supplemental Regulations
§ 260-46 Intent.
The intent of this article is to provide use/construction standards for properties which do not conform to the typical layout of a majority of the properties within the Town of Cheektowaga. It is also intended to provide standards applicable to developments within all districts.
§ 260-47 Special use permits.
A.
Special use permits authorized by this chapter shall only be issued by the Town Board after a public hearing advertised in the same manner as for an amendment to this chapter.
B.
The Board shall hear and decide, in accordance with the provision of this chapter, all applications for special use permits or for modifications of provisions of this chapter in all such cases upon which the Board is specifically authorized to pass, or to make any other determination required by this chapter.
C.
In authorizing any special permit or modification or in making any required determination, all required findings shall be made and, in the case of special permits or renewals thereof or modifications, the Board may prescribe appropriate conditions to minimize adverse effects on the character of the surrounding area and to safeguard the public health, safety or general welfare.
D.
No special permit or renewal thereof or modification of the provisions of this chapter shall be authorized by the Board unless, in addition to other findings specified in this chapter, it finds that such special permit or modification:
(1)
Will be in harmony with the general purposes and intent of this chapter;
(2)
Will not tend to depreciate the value of adjacent property;
(3)
Will not create a hazard to health, safety or the general welfare;
(4)
Will not alter the essential character of the neighborhood nor be detrimental to the residents thereof; and
(5)
Will not otherwise be detrimental to the public convenience and welfare.
E.
The Town Board shall prescribe any conditions that it deems to be necessary or desirable and shall require that a site plan of the proposed development show pertinent information to aid it in making a determination on the application.
F.
Limitations. A special permit shall be deemed to authorize only the particular use or uses specified in the permit and shall apply only to the area specified in the permit. A special permit shall expire if the special use or uses shall cease for more than one year for any reason.
§ 260-47.1 Site plan approval.
[Added 12-15-2008 by L.L. No. 12-2008]
A.
The purpose of these regulations is to enable the Town to control the placement of buildings, accessory structures, and ancillary improvements so that they do not impact neighboring land uses or negatively impact the surrounding community. The implementation of these requirements furthers the public health, safety and general welfare of the community by allowing the reviewing body to restrict the number, size and location of vehicular access points along all roads; require buffering of incompatible land uses; require adequate aesthetic enhancements in the form of soft and hard landscaping features; and require buildings to have architectural features which are consistent with human scale and/or require architectural styles that are consistent or reflective of the surrounding community. These provisions also establish a requirement to preserve open space within multifamily residential or manufactured housing parks for recreational opportunities or to permit the Town to accept monies, in lieu of providing such open space, for the creation of recreational opportunities elsewhere in the community.
B.
Applicability.
(1)
Prior to the development of land for commercial or manufacturing activities, the expansion and/or relocation of existing commercial and manufacturing activities, the excavation of one or more acres of land, the quarrying or extracting of sand and gravel from a parcel of land (or a portion of a parcel of land) from a parcel (or portion thereof) that has not heretofore been quarried or had sand and gravel extracted from it, a change in use from one permitted use to another permitted use and/or the intensification of an existing land use, the developer/owner must submit a site plan to the Town of Cheektowaga, which site plan must be reviewed and approved by the Town Board. Commercial activities under this section shall also include the construction of multifamily dwellings and/or manufactured homes.
(2)
The following activities do not require site plan approval:
C.
Approval authority.
(1)
The authority to approve site plans shall be vested with the Town Board. The Planning Board shall receive and review all site plans required by this article and shall offer a recommendation to the Town Board on the adequacy of the proposed site plan, consistent with the provisions of this article and consistent with its duties pursuant to Chapter 26 of the Town Code.
(2)
Actions which are deemed to be major, as defined below, shall also be referred to the following advisory committees for a recommendation to the Town Board:
D.
Minor and major actions.
(1)
All commercial activities requiring site plan approval shall be classified by the Code Enforcement Officer or his/her designee as either a minor or major action. Minor actions are those which are listed as Type II SEQR actions pursuant to § 617.4 of the State Environmental Quality Review Act and not excluded pursuant to Subsection B(2) of this section.
(2)
Major actions shall be defined as those activities which are unlisted and Type I actions pursuant to § 617.4 of the State Environmental Quality Review Act
(3)
The Code Enforcement Officer may also classify an action as a major action, requiring recommendations from the Town's advisory committees as listed in Subsection C(2) above, if the Code Enforcement Officer believes that a proposed action may have potential significant impact on the surrounding community.
E.
Review and approval procedure.
(1)
Prior to a building permit being issued or construction commencing for an activity which requires site plan approval, a development review application shall be submitted to the Code Enforcement Officer or his/her office for site plan approval.
(2)
All minor and major actions shall require a preapplication meeting to be held with the Office of Building Inspections and the applicant prior to the preparation and submission of a formal site plan . The intent of the meeting is to inform the applicant of the Town submittal requirements and review a site plan for conflicts prior to the preparation of a detailed site plan. Preapplication meetings may also be done via telephone or e-mail through the submittal of an electronic filing. The applicant shall provide the following with his /her written request for a preapplication meeting. All electronic filings for preapplication meetings must be provided in pdf format and include:
(a)
A project statement indicating the proposed use and/or changes (if an addition to an existing facility).
(b)
A rough sketch (to scale), showing the locations and dimensions of principal and accessory structures, parking areas, vehicular ingress and egress points, proposed signage, existing and proposed vegetation, any other proposed exterior site features; anticipated changes in topography and natural site features, including floodplains, floodways and/or regulated wetlands or water bodies.
(c)
A general location map which places the site in context with the surrounding streets, rights-of-way, easements and other pertinent features.
(d)
A boundary survey prepared by a New York State licensed land surveyor reflective of current conditions.
(3)
Following a preapplication meeting, a formal development review submittal shall be submitted to the Code Enforcement Officer or his/her designee with the specified number of copies of the site plan, showing all of the information required on the Town development review checklist as deemed necessary (as discussed during the preapplication meeting).
(4)
In addition to the information indicated on the development review application, the Town Environmental Advisory Committee may also request that the applicant prepare studies to demonstrate that potential impacts (including but not limited to traffic, storm drainage, noise, air and water quality, vibration, odor, cultural resources and natural resources) will be mitigated and/or avoided as required pursuant to the provisions of the State Environmental Quality Review Act (SEQRA).
(5)
In addition to the filing fee for a development approval request, the Town shall be reimbursed for any costs the Town reasonably incurs for professional assistance or other extraordinary expense in connection with the review of a proposed site plan. Such reimbursable costs will be a charge associated with the site plan review, in addition to the aforesaid site plan filing fee. In the event that the Town Board, as lead agency under the relevant provisions of the State Environmental Quality Review Act (SEQRA), shall be entitled to collect fees and costs under 6 NYCRR 617.13 for preparing or reviewing a draft and/or final environmental impact statement (EIS), the fees and costs collected under this section of the Town Code shall be applied in full against what SEQRA permits the Town Board to charge as fees and costs.
F.
Standards for review. The Town Board's review of the site plan shall include, as appropriate, the following general considerations:
(1)
Location, arrangement, size, design and general site compatibility of buildings, lighting and signs.
(2)
Adequacy and arrangement of vehicular traffic access and circulation, including intersections, road widths, pavement surfaces, dividers and traffic controls.
(3)
Location, arrangement, appearance and sufficiency of off-street parking, loading and drive-through lane stacking.
(4)
Adequacy and arrangement of pedestrian traffic access and circulation, pedestrian walks and walkway structures, control of intersections with vehicular traffic and overall pedestrian mobility and convenience.
(5)
Adequacy of stormwater and drainage facilities.
(6)
Adequacy of water supply and sewage disposal facilities.
(7)
Adequacy, type and arrangement of trees, shrubs, and other landscaping constituting a visual and/or noise buffer between adjoining lands, including the maximum retention of existing vegetation.
(8)
Adequacy of fire lanes and other emergency zones and the provision of fire hydrants.
(9)
Special attention to the adequacy and impact of structures, roadways, and landscaping in areas with susceptibility to ponding, flooding and/or erosion.
(10)
The effects of vibration.
(11)
Mitigating air pollution and objectionable odors.
(12)
The quality of surface water and sewered discharges.
(13)
Overall impact on the neighborhood, including compatibility of design considerations and consistency with the Town's Comprehensive Plan.
(14)
The provision of open space within multifamily and manufactured home parks for the recreational needs of the residents of such developments.
G.
Open space for recreation. The Town may require the provision of open space on up to a maximum of 30% of a development site within proposed multifamily developments, mixed-use developments which have dwelling units, and proposed manufactured home parks to provide for the recreation needs of the residents of such developments. The Town may also accept, in lieu of such open space, monies to provide recreational opportunities elsewhere in the community.
H.
Referral to Town Planning Board.
(1)
Within 62 days of receipt of a development review application for site plan approval, the Planning Board shall schedule a public meeting with the applicant and render a recommendation to the Town Board. In its recommendation, the Planning Board shall recommend the approval, disapproval or approval of the site plan with modifications. Any recommendation rendered shall be in writing and based on evidence of the proceedings and based on information contained within the site plan submittal. The recommended decision of the Planning Board shall be filed in the office of the Town Clerk within five business days of the date of the Planning Board letter of recommendation being prepared, and a copy shall be mailed to the applicant by the Secretary of the Planning Board.
(2)
The failure of the Planning Board to act within 62 days of receipt of a site plan application shall be deemed a recommendation for the approval of the site plan as submitted. The time period within which the Planning Board shall render a recommendation may be extended by mutual consent of the applicant and the Planning Board. If requested by the applicant, the applicant shall make a written request to extend the time frame to the Planning Board prior to the expiration of the initial sixty-two-day review period.
I.
Town Board decision. The Town Board shall approve, deny or approve with modifications the site plan submitted to the Planning Board. The time frames for rendering a decision by the Town Board, as mandated pursuant to the State Environmental Quality Review Act (SEQRA), shall be observed in addition to the time frames allowed for this section.
J.
Failure to obtain site plan approval; penalties for offenses. Failure of an applicant to obtain site plan approval prior to commencing an activity requiring site plan approval under this section, or prior to the use or occupancy of land and structures in a manner that requires site plan approval under this section, shall be considered a violation punishable by the provisions of § 260-72A. In addition, the use or occupancy of land and structures without a site plan approval required under this section shall be subject to enforcement proceedings, including but not limited to injunction, as permitted under New York Town Law § 268.
K.
Severability. If any provision of this site plan review law or its application to any person or circumstance is determined to be contrary to law by a court of competent jurisdiction, such determination shall not affect or impair the validity of the other provisions of this site plan review law or the application to other persons and circumstances.
§ 260-48 Site lighting. [1]
[Added 2-19-2014 by L.L. No. 1-2014]
A.
Legislative intent/purpose. Nonresidential and multifamily buildings and projects shall be designed to provide safe, convenient, and efficient lighting for pedestrians and vehicles. Lighting shall be designed in a consistent and coordinated manner for the entire site and done in such a manner to minimize light pollution. The lighting and lighting fixtures shall be integrated and designed so as to enhance the visual impact of the project on the community and/or should be designed to blend into the surrounding landscape. Lighting fixtures shall be designed, sized and located so as not to cast direct rays of light upon adjoining premises or cause glare hazardous to pedestrians or persons using adjacent public streets. Illumination shall not be used for the purpose of advertising or attracting attention to the principal use, except as permitted by § 260-50, Sign regulations.
B.
Applicability. A site lighting plan shall be required during review of any nonresidential or multifamily development plan submittal pursuant to § 260-29, Site plan review, of this chapter. The contents of the site lighting plan shall be established during the site plan submission. Site lighting plans shall also be required for the establishment of new exterior lighting on existing facilities which do not require site plan approval. Such plans shall be reviewed by the Office of Building Inspections for consistency with the provisions of this section.
C.
Site lighting design requirements. Lighting shall be used to provide safety while accenting key architectural elements and to emphasize landscape features. Light fixtures shall be designed as an integral design element that complements the design of the project. This can be accomplished through style, material or color. All lighting fixtures designed or placed so as to illuminate any portion of a site shall meet the following requirements:
(1)
Fixture (luminaire). The light source shall be concealed and shall not be visible from any street right-of-way or adjacent properties. In order to direct light downward and minimize the amount of light spillage into the night sky and onto adjacent properties, all lighting fixtures shall be cutoff fixtures (dark sky compliant). Only architectural lighting may be directed upward, provided that all other provisions of this section are met.
(2)
Fixture height. Lighting fixtures shall be a maximum of 25 feet in height within parking lots and shall be a maximum of 15 feet in height within nonvehicular pedestrian areas.
(3)
Limit lighting to periods of activity. The use of sensor technologies, timers or other means to activate lighting during times when it will be needed may be required by the Town of Cheektowaga to promote compatibility between different land uses and mitigate any potential light nuisances.
(4)
Illumination level. Illumination levels shall be measured in footcandles.
(5)
All site lighting shall be designed so that the level of illumination, as measured in footcandles at any one point, meets the standards in the table below.
(6)
Minimum and maximum levels are measured on the pavement within the lighted area. Average level is the overall, generalized ambient light level and is measured as a not-to-exceed value. The average level shall be calculated using only the area of the site intended to receive illumination.
Lighting Level (footcandles) | ||||
|---|---|---|---|---|
Lighting Type | Minimum | Average | Maximum | |
Architectural | 0.0 | 1.0 | 5.0 | |
Canopy area | 2.0 | 10.0 | 15.0 | |
Multifamily parking lots | 0.20 | 1.0 | 8.0 | |
Nonresidential and multifamily entrances and exits | 1.0 | 5.0 | 15.0 | |
Nonresidential parking lots | 0.2 | 1.5 | 10.0 | |
Security | 0.2 | 1.0 | 10.0 | |
Vehicle sales, rental and leasing | 0.2 | 3.0 | 15.0 | |
Walkways, landscape or decorative | 0.2 | 0.8 | 5.0 | |
(7)
All outdoor lighting shall be designed and located such that the maximum illumination measured in footcandles at the property line does not exceed 0.2 on adjacent residential use and 0.5 on adjacent commercial sites and public rights-of-way.
(8)
Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers on such streets.
D.
Lighting required for specific uses.
(1)
Sites adjacent to residential uses.
(a)
All lights shall be shielded so as to deflect light away from any residential use.
(b)
Illumination at the public right-of-way line when a nonresidential use is across the public right-of-way from a residential use shall not exceed one footcandle.
(c)
All light fixtures located within 50 feet of any residential use shall not exceed 15 feet in height.
(d)
Unless properly shielded, security lighting fixtures such as wall packs shall not face a residential use.
(2)
Canopy area lighting. All development that incorporates a canopy area over fuel sales, automated bank machines, or similar installations shall use a recessed lens cover flush with the bottom surface of the canopy that provides a cutoff or shielded light distribution. Areas under a vehicular canopy shall have an average of 10 footcandles as measured at ground level at the inside of the outside edge of the canopy.
(3)
Automated teller machines. An automated teller machine (ATM) shall be illuminated in accordance with the ATM Safety Act (New York State Banking Law, Article II-Aa).
E.
Prohibited light sources. Except as otherwise provided in this section, the following light sources, light fixtures and /or lighting methods shall not be used for exterior lighting:
(1)
Wooden utility poles, with or without overhead electric.
(2)
Cobra-head-type fixtures or fixtures with a convex lens.
(3)
Searchlights and other high-intensity narrow-beam fixtures.
(4)
Lighting fixtures that have flashing, rotating, moving, pulsing or alternating colored sources, except between Thanksgiving Day and January 15.
§ 260-48.1 Exterior dining areas.
[Added 5-7-2007 by L.L. No. 4-2007]
A.
Legislative intent: to permit seasonal exterior dining opportunities which are accessory to restaurants, cafes, coffee shops, ice cream establishments and similar food service enterprises located in the C Retail Business Zoning District. The intent of this section is limited to accessory dining, and not to make provisions for exterior standing room or gathering areas for the consumption of beverages or general assembly or entertainment.
B.
Maximum size of exterior dining area.
(1)
Exterior dining areas may not exceed 26% of the seating capacity of the principal use. Seating capacity shall be based on the approved floor plan as submitted with the original approved building permit.
(2)
Ice cream establishments (principal use) which do not have interior seating may have a maximum of 10 exterior seats for dining. All other uses which do not have interior seating may not establish exterior dining areas within in the C Retail Business Zoning District.
C.
Location of exterior dining areas.
(1)
Exterior dining areas may be located in a required front yard or exterior side yard but may not encroach such required yard by more than 20 feet. Within a traditional neighborhood commercial corridor, exterior dining areas may not be closer than five feet to any road right-of-way.
(2)
Exterior dining areas may not encroach any required interior side yard or rear yard.
(3)
Exterior dining areas may not face any yard area which is contiguous to a residential use or residential zoning district unless a visual barrier is established. Such visual barrier shall be a minimum of six feet in height and may be solid fencing and/or vegetative screening.
 |
D.
Limitation of use.
(1)
All such dining areas shall be limited to the consumption of food and beverages. Live entertainment shall not be permitted. Any audio equipment utilized for music shall adhere to the maximum allowable decibel limits established in the Town Noise Ordinance.[1] No exterior area shall have a bar area; all bars shall be maintained entirely inside the principal building.
(2)
All exterior dining areas must limit hours of operation to 7:00 a.m. to 11:00 p.m. if such dining area is within 500 feet of an existing residential use or zoning district.
E.
Public safety; sanitation; off-street parking.
(1)
All exterior dining areas must provide barrier protection to prevent pedestrian conflicts with motor vehicle use areas or other pedestrian areas. Such barriers may be in the form of fencing, railings, or hard/soft landscaping features. The Planning Board/Town Board may control the aesthetic quality of the barrier features through the site plan approval process.
 Typical Metal Railing Barrier Around Exterior Patio Area |
(2)
All exterior dining areas must be provided with refuse containers to manage the accumulation of waste.
(3)
Rest room facilities must be provided to accommodate the additional exterior seats. Quantity of required plumbing fixtures will be based on both interior capacity and additional exterior seats.
(4)
All exterior dining furniture must be removed from the patio area during winter months (November 1 to April 1) and stored off premises or in an approved interior storage area.
F.
Approvals required. Prior to establishing an exterior dining area, site plan approval must be obtained from the Town of Cheektowaga.
G. TRADITIONAL NEIGHBORHOOD COMMERCIAL CORRIDOR
Definitions. As used in this section, the following terms shall have the meanings indicated:
A road corridor, or portion of a road corridor designated by the Town of Cheektowaga which has elements that support traditional neighborhood design and/or is part of a neighborhood plan which promotes a traditional neighborhood design (TND) plan.
§ 260-48.2 Accessory drive-through windows.
[Added 6-16-2008 by L.L. No. 6-2008]
A.
Legislative intent. The following section establishes design standards for accessory drive-through windows/facilities for the purpose of minimizing and regulating the negative impacts associated with such appurtenances. The Town Board has determined that accessory drive-through windows/facilities need to be regulated as a result of the potential adverse impacts that can result from the operation and location of accessory drive-through windows/facilities on traffic safety, on adjacent roadways as well as negative impacts on existing residential uses. The regulations pertaining to drive-through windows/facilities contained in this section are established specifically for the following purposes:
(1)
Minimize traffic conflicts associated with vehicles queuing for a drive-through service and the safe movement of vehicles on public streets, highways and roadways; and
(2)
Promote safer and more efficient on-site vehicular and pedestrian access and circulation; and
(3)
Minimize nuisances to abutting properties used for less intensive land uses, particularly existing residential uses; and
(4)
Minimize adverse aesthetic impacts to nearby residential uses; and
(5)
Preserve and promote the health, safety and general welfare of the residents of the Town of Cheektowaga; and
(6)
Establish standards which recognize operational differences between the various land uses which have accessory drive-through facilities.
B.
Application of regulations. The regulations of this section apply to all uses that provide a service and/or product directly to an individual(s) within a motor vehicle via service window or mechanized service device.
(1)
Special permit required. The establishment of an accessory drive-through is not permitted as of right. Prior to the establishment of a drive-through window, the Town Board must issue a special use permit pursuant to § 260-47 of this chapter. A special use permit may only be issued by the Town Board if it makes a finding supported by substantial evidence that the proposed drive-through is consistent with the requirements of this § 260-47.
(2)
Site development. The regulations of this section apply only to the portions of the site development that comprise the drive-through facility. The regulations apply to new developments, the addition of drive-through facilities to existing developments and the relocation and/or modification of an existing drive-through facility.
C. BYPASS LANE DRIVE-THROUGH FACILITY DRIVE-THROUGH LANE FUNCTIONAL AREA OF ROAD INTERSECTION
HIGHWAY INTERCHANGE ORDER BOARD PICKUP WINDOW/DISPENSING AREA QUEUE LINE VEHICLE QUEUE
Definitions. The following terms are defined for this section:
A driving lane established to allow motorists to leave a drive-through lane.
An establishment which includes provision for customers to conduct business or secure consumer goods while remaining in their motor vehicles. Drive-through activities include, but are not limited to, banks, fast-food restaurants, donut shops, pharmacies, dry-cleaners, and retail sales. Drive-through facilities exclude motor-fuel-dispensing stations.
The travel lane established for motor vehicles to queue in while waiting to place an order or reach a service window/machine.
The area where two or more roads intersect, as measured from the intersection of the road pavements across the entire width of each road. (See illustration below.)
 |
An entrance or exit ramp for a major arterial highway or freeway.
The location where an order is taken from a customer via intercom system.
The location where goods or services are obtained by the motor vehicle occupant.
The length of a drive-through lane starting from the pickup window/dispensing area to a point within the drive-through lane where the rear of a motor vehicle must wait, without interfering with the interior circulation aisle of a parking lot or a public pedestrian way.
The length of one motor vehicle waiting in line shall be 23 linear feet.
D.
Design standards. All drive-through facilities must meet the minimum standards as established herein.
(1)
Lot orientation. Drive-through facilities for fast-food restaurants, donut shops and banks may not be established on lots whose rear lot line directly abuts a side lot line of a residential use or residentially zoned parcel. Drive-through facilities for less intensive uses may be established on lots whose rear lot line directly abuts a side lot line of a residential use or residentially zoned parcel if the Town Board determines that such use will not result in significant adverse impacts, and appropriate mitigation measures are implemented by the applicant to minimize identified potential adverse impacts to the maximum extent practicable.
(2)
Drive-through lanes. The closest pavement edge of a drive-through lane or bypass lane must be a minimum of 75 feet from the property line of an adjacent residential use or residentially zoned parcel.
(a)
Driveways which serve drive-through lanes must be a minimum of 220 feet from the functional area of a road intersection, measured from the nearest leading edge of the driveway to the beginning of the functional area.
 |
(b)
Driveways which serve drive-through lanes must be a minimum of 660 feet from a highway interchange, measured from the nearest leading edge of the driveway to the nearest taper of an interchange ramp.
(c)
Drive-through lanes and bypass lanes must be a minimum of 12 feet in width and shall be independent of any other vehicular lane required for parking access or loading areas.
(d)
Bypass lane. If a bypass lane is provided, the beginning of the lane must be positioned within one vehicle queue of the order board to allow for early exiting of vehicles utilizing the bypass lane.
(e)
Multiple drive-through lanes. Only one drive-through lane shall be permitted to approach an order board/dispensing area. A second drive-through lane may be permitted if it diverges from the primary drive-through lane to a second order board system and the lane converges back into the primary drive-through lane. (See illustration below.)
 |
Illustration Showing One Drive-Through Lane with Diverging Secondary Lane |
(3)
Minimum length of queue line. The following shall be the minimum length of a queue line for the uses listed. Minimum lengths for nonlisted uses must be based on a traffic generation study to be furnished by the development review applicant. Prior to conducting such study, a study scope shall be provided to the Office of Building Inspections for review by the Town of Cheektowaga Traffic Safety Commission for a recommendation to the Town Board. The study scope can include but not be limited to comparable land uses, comparable existing facility sites and/or comparable road design data (traffic volumes and geometry).
(a)
Fast-food restaurant/donut store: 16 vehicle queues.
(b)
Bank: eight vehicle queues per service teller/pneumatic tube.
(c)
Pharmacy: six vehicle queues.
(d)
Dry cleaner/personal service: six vehicle queues.
(e)
For any use not listed above, the Town Board shall determine the minimum length of a stacking queue line with input from the Office of Building Inspections and the Town's Traffic Safety Commission.
(4)
Order board.
(a)
The order board/drive-through speaker system shall emit no more than 50 decibels measured at four feet from the speaker and shall not be audible at the property line of any adjacent residential use or residentially zoned parcel.
(b)
Placement. The placement of an order board shall allow for at least 50% of the queue line to queue, and the order board shall be at a location that does not interfere with interior circulation of vehicles.
E.
Traffic impact study (TIS) required. Pursuant to Chapter 36 of the Town Code, the Cheektowaga Traffic Safety Commission may recommend that the Town Board not approve a special permit request until a traffic impact study (TIS) is prepared. Prior to conducting such study, a study scope shall be provided to the Office of Building Inspections for review by the Town of Cheektowaga Traffic Safety Commission for concurrence and direction to proceed. Study scope can include but not be limited to comparable land uses, comparable existing facility sites and/or comparable road design data (traffic volumes and geometry).
F.
Traffic mitigation required. Pursuant to Chapter 36 of the Town Code, the Cheektowaga Traffic Safety Commission may recommend that the Town Board not approve a special permit request for an accessory drive-through unless the development review applicant provides for mitigation to improve traffic safety along a roadway and/or road intersection which will be impacted by a development project. Mitigation can include, but not be limited to, the construction of off-site improvements within public rights-of-way such as deceleration lanes, dedicated turning lanes and/or traffic signals.
G.
Air quality. The Town Board of the Town of Cheektowaga may require that an air quality study be performed prior to the issuance of a special permit as evidence that such accessory drive-through does not pose a health hazard to adjacent land uses.
H.
Rescission of special permit approval. After proper public hearing, the Town Board of the Town of Cheektowaga may rescind a special use permit for an accessory drive-through, if sufficient evidence is provided to demonstrate the accessory drive-through facility is not in compliance with the standards contained in this section of the Zoning Law or that information provided by an applicant and considered by the Town Board in support of its decision to issue a special use permit was inaccurate. The Town Board may also rescind a special use permit if it determines that such use constitutes a nuisance that is interfering with an existing residential use on a contiguous parcel(s) or parcel(s) in the surrounding vicinity.
I.
Provisions not subject to variance by the Cheektowaga Zoning Board of Appeals. The provisions of § 260-48.2 of this chapter shall not be subject to appeal before the Cheektowaga Zoning Board of Appeals. The Town Board of the Town of Cheektowaga reserves the right to vary the provisions of this section. In granting any variance to the standards of this section the Town Board must make a finding supported by sufficient evidence that such a variation is necessary to obviate an unnecessary hardship to an applicant. In making such a finding the Town Board must show that such variation is necessary due to uniqueness and such decision to permit a variation is consistent with the legislative intent of this section.
§ 260-49 Temporary structures or uses.
The following shall be deemed to be permitted uses and structures in all zoning districts:
A.
Temporary structures or uses incidental to construction work, including a nonilluminated sign not exceeding 12 square feet in area of any contractor, engineer or architect, shall be permitted for a period of time not to exceed 18 months, provided that any such structure shall be removed forthwith upon the completion or abandonment of the construction work. Any extension of said time limit shall require the approval of the Board of Appeals.
B.
The temporary use of a dwelling as a model home shall be permitted for a period of time not to exceed three months.
D.
Temporary use of the premises, other than that of a dwelling or dwelling group, for a fundraising event for a charitable/not-for-profit organization. The temporary use could occur once per calendar year for a duration of not more than four consecutive days and must be conducted wholly upon private property. All other applicable laws, codes and ordinances must be complied with.
§ 260-49.1 Public donation bins.
[Added 3-18-2013 by L.L. No. 2-2013]
A.
Legislative purpose. The use of public donation bins for the collection of donated clothing, household items, toys and other goods for the benefit of religious, governmental, scientific, literary, sporting, educational or charitable not-for-profit organizations ("sponsors") is beneficial to the general welfare of this community, provided that such bins are placed at suitable locations, are well maintained, and are operated for the true benefit of a designated not-for-profit organization. It is the intent of this subsection and the following subsections to regulate the placement and operation of public donation bins so they serve this declared purpose.
B.
Public donation bins; permit required. No person shall cause or permit the erection and/or maintenance of a public donation bin ("PDB"), as defined in this section, to be placed outside of an enclosed building located on a lot where a community service is a permitted principal use, unless such PDB has been issued a permit by the Code Enforcement Officer (CEO) in accordance with the following conditions:
(1)
The PDB shall be placed outside of an enclosed building on the premises where the community service conducts its not-for-profit charitable, religious and/or educational activity as defined by the term "community service" found in this section. PDBs shall not be permitted on lands not associated with a "community service" as such term is defined by this section. PDBs may not be established on lots where the principal use is a residential dwelling(s).
(2)
The PDB shall not be located within the front yard portion of a lot.
(3)
The PDB shall not be located within 100 feet of an adjacent residential dwelling not on the premises of the community service.
(4)
The PDB is hereby identified as an accessory use and structure subject to all set back criteria for said use and structure as provided elsewhere in this chapter of the Town Code except as otherwise restricted by this section(s).
(5)
The PDB shall be placed upon a solid, dust-free surface and anchored.
(6)
The PDB shall be located so as to preserve adequate sight lines, on-site parking and driveway space, pedestrian access and any other elements determined by the CEO to preserve safe and adequate vehicle and pedestrian circulation on the premises.
(7)
The PDB shall be entirely enclosed except for an opening that is the minimum size necessary to allow for the deposit of donations. There shall be a door used to access the PDB which shall be locked so that the contents may not be accessed by anyone other than those responsible for the retrieval of the contents. No PDB shall be allowed that involves a one-way trap-door device.
(8)
The maximum size of a PDB shall not exceed eight feet by 16 feet, nor exceed 10 feet in height.
(9)
Signs inviting donations may be placed on each of the sides of the public donation bin ("PDB"), provided that no such sign shall be placed on a side that faces a lot line of an abutting residential district. Each sign shall identify the PDB's sponsor and the charitable, religious, scientific, literary, sporting, educational or governmental purpose of the sponsor that will be advanced by donations to the PDB. Each sign shall also contain the current telephone number for the public to contact in the event said PDB is not being adequately maintained in the manner specified in Subsection K below. Such authorized signs shall not exceed two feet by four feet in dimension and shall not be illuminated.
(10)
Each PDB shall also be clearly posted with a sign that specifies what types of items may and may not be deposited therein. Such posting may be included on the signs identified in Subsection I above, or an additional sign on the PDB near the opening for the deposit of donations. Any additional sign to that authorized in Subsection I above shall not exceed one foot by two feet in dimension and shall not be illuminated.
(11)
Every PDB shall be maintained on a regular basis to prevent overflow, the accumulation outside the PDB of discarded items, deterioration or malfunction of the PDB and other unsightly, unsafe or unhealthy conditions. There shall be no overflow of a PDB allowed. In the event of overflow, or other problem condition cited above, the Code Enforcement Officer shall immediately notify the contact person that is designated by the PDB's sponsor to correct the problem. All such problems shall be corrected within 24 hours of a violation notification. A permit issued for a PDB shall be revoked and the PDB removed within 48 hours of notice being provided, if within 24 hours after delivery of the third violation notice the designated contact person fails to correct the problem condition or otherwise indicates by word, action or inaction that the sponsor is no longer willing or able to maintain the PDB.
C.
Public donation bins; permit form and content. The application for the zoning permit for a PDB shall be made in writing upon a form prescribed by the CEO that shall contain information sufficient for the CEO to determine whether the proposed PDB structure and use will comply with this section(s) and other applicable provisions of this chapter, including, without limitation:
(1)
The name and contact information for the sponsor.
(2)
A description of the not-for-profit status of the sponsor and the charitable, religious, scientific, literary, sporting, educational or charitable purpose to be served by the collection of items donated to the PDB; the name and contact information of the owner of the lot where the PDB is proposed to be located; the name and contact information of the sponsor's designated contact person who is responsible for the sponsor's maintenance of the PDB; and information on the dimension, design, signage, and location of the proposed PDB.
(3)
Fee. The permit fee shall be as established by the Town Board, as amended by resolution, from time to time. An approved permit shall not be transferable to another PDB provider.
(4)
A property survey consistent with existing conditions.
(5)
A dimensioned site plan showing the location of the PDB.
(6)
Performance guarantee. The PDB provider/owner shall provide a performance bond in the amount of $10,000 to guarantee the removal of the PDB in the event that such structure is no longer utilized, abandoned by the provider and/or ordered to be removed by the Code Enforcement Officer.
D.
Public donation bins; enforcement; penalties for offenses; injunctions.
(1)
The owner, lessee, or other person or legal entity in control of the lot where a public donation bin is being maintained in violation of this chapter and the person or entity which owns, maintains, or operates a bin in violation of this chapter shall be jointly and severally liable therefor.
(2)
Any person, owner, tenant, lessee and/or agent having a legal interest in the subject lot, who has upon his/her lot a public donation bin without a valid permit; or which is overflowing or has items located on the ground around the bin, shall be in violation of this chapter and punishable subject to the penalties for offenses set forth in § 260-72 of this chapter.
§ 260-50 Sign regulations.
[Amended 3-18-2013 by L.L. No. 2-2013; 5-14-2024 by L.L. No. 4-2024; 8-13-2024 by L.L. No. 7-2024]
The purposes of these sign regulations include, but are not limited to, the following: to encourage the effective use of signs as a means of communication in the Town; to maintain and enhance the aesthetic environment and the Town's ability to attract sources of economic development and growth; to improve pedestrian and traffic safety; to minimize the possible adverse effect of signs on nearby public and private property; to provide for a mechanism for avoiding visual clutter; and to enable the fair and consistent enforcement of these sign restrictions.
A.
Applicability; effect. A sign may be erected, placed, established, painted, created, or maintained in the Town only in conformance with the standards, procedures, and other requirements of this chapter. The effect of this section as more specifically set forth herein is:
(1)
To establish a permit system to allow a variety of types of signs in commercial and manufacturing districts, and a limited variety of signs in other districts, subject to the standards and the permit procedures of this chapter;
(2)
To allow signs of a noncommercial nature in order to promote and foster the free expression of ideas consistent with the scheme set forth in the Constitution of the United States and the New York State Constitution;
(3)
To allow certain signs that are small, unobtrusive and incidental to the principal use of the respective lots on which they are located, subject to the substantive requirements of this chapter, but without the requirement for permits;
(4)
To prohibit all signs not expressly permitted by this chapter; and
(5)
To provide for the enforcement of the provisions of this chapter.
(6)
In the event of a declaration of a state of emergency within the Town, enforcement of the provisions of this chapter may be suspended by the Town Supervisor, or Supervising Code Enforcement Officer.
B. BUILDING MARKER COMMERCIAL MESSAGE SIGN SIGN, BILLBOARD SIGN FACE AREA SIGN, FREESTANDING SIGN, INCIDENTAL SIGN, PROJECTING SIGN, TEMPORARY/MOBILE SIGN, WALL
Definitions. As used in this chapter, the following terms shall have the meanings indicated:
Any sign indicating the name of a building and date and incidental information about its construction, which sign is cut into a masonry surface or made of bronze or other permanent material.
Any sign wording, logo, or other representation that, directly or indirectly, names, advertises, or calls attention to a business, product, service or other commercial activity.
A name, identification, description, display or illustration which is affixed to, painted or represented directly or indirectly upon a building, structure or piece of land which directs attention to an object, product, service, place, activity, person, institution, organization or business and the supporting members thereto. A motor vehicle or trailer shall be deemed a sign if it is lettered or displayed in such a fashion so as to attract attention and is utilized to advertise or otherwise call attention to a business located in, or event taking place in, the Town of Cheektowaga or surrounding communities.
Any sign that attracts attention to an object, product, service, place, activity, institution, organization or business not available or located on the lot where the sign is located.
The entire area within the single, continuous perimeter enclosing the extreme limits of writing, representation, emblems or any figure of similar character together with any material or color forming an integral part of the display or used to differentiate such sign from the background against which it is placed. The supports, upright or structures on which any sign is supported shall not be included in determining the sign [face] area unless such supports, uprights or structures are designed in such a manner as to form an integral part of the display. Where a sign has only two faces, the area of one sign shall be the face area of the sign. Where a sign has more than two faces, the area of all the faces shall be the face area of the sign.
A sign resting upon or attached to the ground by means of a integral base or one or more poles or standards. Freestanding signs include both pole signs and ground signs.
A sign, generally informational, that has a purpose secondary to the building lot on which it is located, such as "no parking," "loading only," and similar directives. No sign with a commercial message legible from a position off the building lot on which the sign is located shall be considered incidental.
Any sign affixed to a building or wall in such a manner that its leading edge extends more than 12 inches beyond the surface of such building or wall.
Any sign that is used only temporarily and is not permanently mounted.
A sign integral with or attached to and supported by the exterior wall of a building or fascia attached to such wall and projecting not more than 12 inches therefrom.
C.
Exceptions. For the purposes of this chapter, the term "sign" does not include:
(1)
Signs erected and maintained pursuant to and in discharge of any governmental function.
(2)
Signs prohibiting trespassing.
(3)
Integral, decorative or architectural features of buildings, except letters or trademarks.
(4)
Signs not exceeding four square feet per face directing and guiding traffic and parking on private property and bearing no advertising.
(5)
Signs not exceeding one square foot per face advertising the cost of motor fuel when attached to a fuel pump or service island canopy.
(6)
Signs advertising for fundraising or recruitment for not-for-profit organizations.
D.
General regulations. The prohibitions contained in this paragraph shall apply to all signs and use districts.
(1)
No sign shall be used to attract attention to an object, product, place, activity, institution, organization or business not available or located on the premises where the sign is located; provided, however, that this shall not preclude signs carrying noncommercial messages which are expressions of constitutionally protected free speech.
(a)
Exception: Contractors performing work at an address may place signs on the front lawn of the business or dwelling for a period not to exceed seven days prior to work commencing, and seven days after work is completed. Contractors proving periodic maintenance (e.g., landscapers) may place a sign on the front lawn of the business or dwelling for a period not to exceed seven days at the beginning of the season in which services are provided. Any sign must be on the owner's property; a sign cannot be located within the right-of-way.
(2)
Illumination. Any illuminated sign or lighting device shall employ only lights emitting a light of constant intensity, and no sign shall be illuminated by or contain flashing, intermittent, rotating or moving light or lights. In no event shall any illuminated sign or lighting device be placed so as to permit the beams and illumination therefrom to be directed upon a public street, highway, sidewalk, or adjacent premises so as to cause glare or reflection that may constitute a traffic hazard or nuisance. The full number of illuminating elements of a sign shall be kept in working condition or immediately repaired or replaced. Overhead wires or exposed wires on a sign or its supporting members are prohibited.
(3)
Signs on public property. No sign shall be placed in any street right-of-way or on other public property.
(4)
Roof signs. No signs, except such directional devices as may be required by the Federal Aviation Agency, shall be placed, inscribed, or supported upon or above the highest part of the roofline.
(5)
Banners, etc. No banners, flags, posters, pennants, ribbons, streamers, spinners, tethered balloons, inflatable signs or other similar moving, fluttering or revolving signs or devices or strings of lights shall be permitted. Permitted exception:
(6)
Sign-mounting structures and supports shall be designed and constructed to support live loads, dead loads and wind loads as required by the Building Inspector.
(7)
No sign shall be maintained at any location where, by reason of its position, size, shape, color or appearance, it may obstruct, impair or be confused with any traffic control sign, signal or device or otherwise be positioned where it may interfere with, mislead or tend to confuse vehicular or pedestrian traffic.
(8)
No sign shall be attached to a utility pole or tree.
(9)
All signs utilizing electrical lighting shall be installed and maintained in accordance with the National Electrical Code, as amended and modified from time to time.
(10)
Signs utilizing electric power, which are connected to a distant power source by means of an extension cord, shall not be permitted if such extension cord lies exposed on the ground or is supported in the air by props.
(11)
No sign shall rotate or otherwise be in physical motion or have parts or elements in motion.
(12)
Signs, frames, mounts and support structures shall be in a safe and structurally sound condition and maintained by replacement of defective or worn parts, painting, repainting, leveling and cleaning.
(13)
Signs, frames, mounts and support structures in disrepair or abandoned for 180 days must be removed from the premises. Signs in good working order may be maintained on premises upon the closure of a business, providing the sign faces within such signs are replaced with blank faces to match the color of the existing sign box and/or boxes.
(14)
No sign shall be mounted in an inverted fashion or be mounted in a manner which is not at a ninety-degree angle to a horizontal plane and will not project more than 12 inches from a wall.
(15)
Search lights, rotating lights and flashing lights are not permitted for any purposes.
(16)
Signs containing manually interchangeable letters mounted on channels or carriers shall be constructed and/or maintained to protect individual letters from dislocation.
(17)
Temporary real estate signs shall not be placed on existing signs or their frames, mounts or supporting structures and shall be located between the front property line and building, or, if no building exists, such sign shall be located a minimum of five feet inside the property line.
(a)
Exception: "Open House" signs may be placed at street corners for up to 48 hours prior to the event, and must be removed directly after the event.
E.
Sign permits.
(1)
No sign or support structure shall be erected, constructed or maintained without a permit issued by the office of the Building Inspector. The office of the Building Inspector shall assess a fee for the processing and issuance of such permits in such amount as the Town Board shall determine, by resolution, from time to time. No permit shall be necessary to erect a sign with no commercial message.
(2)
In addition to the fee provided for above, except in the case of noncommercial messages for which no permit will be charged, and application for a use permit for each portable or temporary sign, as described in Subsection G(2), shall be accompanied by a fee of $100 per individual sign. One sign is allowed at a time for a maximum of 30 days, for a maximum of four times per year. A new temporary sign permit is required for each instance. The penalty for not removing a temporary sign after 30 days is $125, which shall be in addition to all other penalties provided as punishment for violation of this chapter.
F.
Signs in the business or manufacturing districts.
(1)
Single sign for a group of stores. One freestanding, nonflashing sign which identifies a group of stores as a shopping center or shopping plaza may be permitted when the location, size, height and type of illumination, if any, of such sign is in compliance with this chapter and is shown on a site plan submitted with a building permit application.
(2)
Other identification signs. Nonflashing signs which direct attention to a profession, business, service, entertainment or commodity conducted, offered, sold, or manufactured upon the same lot (including "for rent" or "for sale" signs) shall be permitted in any business or manufacturing district, subject to the following restrictions:
(a)
No more than one freestanding sign per building lot/parcel shall be permitted.
(b)
(c)
Maximum size shall be the entire area measured in square feet within a single, continuous perimeter enclosing all elements of the sign which form an integral part of the display. In case of a sign where each letter is mounted individually on a wall, the sign surface shall be measured by multiplying the height of the individual letters by the outer edges of the two furthermost letters.
[1]
Wall signs. Flat wall signs shall not exceed 20% of the wall area upon which they are attached and shall not exceed 200 square feet in total sign area, whichever is the lesser. For a shopping center or group of stores or businesses, each tenant is entitled to wall signage based upon the store lease "face," but in no case shall the total signage of the shopping center, group of stores or businesses exceed the maximum allowed by zoning district in Subsection I.
[2]
Permanent freestanding sign.
[a]
For a business in an NS Neighborhood Services District, one sign, not to exceed 40 square feet.
[b]
For business, other than the NS District, and manufacturing districts:
[i]
For a single business, on a single building lot/parcel, one sign, not to exceed 80 square feet (one face).
[ii]
For a group of stores or businesses not exceeding 25,000 square feet, one sign not to exceed 100 square feet.
[iii]
For a shopping center or group of stores between 25,000 square feet and 200,000 square feet, one sign not to exceed 120 square feet.
[iv]
For a shopping center or group of stores exceeding 200,000 square feet, one sign not to exceed 200 square feet.
[v]
Permanent freestanding signs shall not exceed 30 feet in height measured from grade to top of sign.
[vi]
Any sign attached to a building wall shall not extend above the eave line or top of such wall.
G.
Specific sign conditions.
(1)
Window signs. Lettered or neon signs shall not exceed 50% of the total glass area and shall be mounted behind the glass.
(2)
Portable or temporary business signs which are mounted on skids or of the A-frame design and may be illuminated by continuous nonflashing lights are subject to the following conditions:
(a)
Each sign face shall not exceed 32 square feet.
(b)
One such sign per premises.
(c)
A permit for such a sign must be obtained from the Building Inspector prior to its being erected.
(d)
A temporary or portable sign permit may be issued, provided that only one such permit may be issued to a user in any calendar year, and provided further that the permit may not be issued for any period exceeding 30 consecutive days.
(e)
In no instance shall a temporary/mobile business sign be permitted on the public right-of-way.
H.
Multiple business signs. Where several businesses or a business with several divisions occupies a single building, each business or division may participate in a consolidated freestanding sign support structure where the total sign area or the sums of any individual sign faces shall not exceed that permitted in face area square footage per Subsection F(2)(c)[2].
I.
Maximum total sign area.
Maximum Total Sign Area Per Building Lot by Zoning District | |
|---|---|
The maximum total area of all signs on a building lot, except incidental signs and building markers(a), shall not exceed the following: |
R | RS | RA | RMH | RSC | NS | C | CM | MS | CF | M1 | M2 | AG | |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
Maximum total square feet | 16 | 16 | 80 | 80 | 22 | 140 | 1,000 | 1,000 | 300 | 200 | 800 | 800 | 140 |
J.
Flags of the United States, New York State, Town of Cheektowaga, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction, provided that such flag shall not exceed 40 square feet in area and shall not be flown from a pole the top of which is more than 20 feet in height. These flags must be flown in accordance with protocol established by the Congress of the United States for the Stars and Stripes. Any flag not meeting any one or more of these conditions shall be considered a banner sign and shall be subject to regulation as such. Permitted flags shall not be mounted on the roofs of buildings, top of walls or top of other covered structures and shall be located a distance from the property line equal to the height of the pole.
K.
Variable message signage/light-emitting diode (LED) signage. The use of variable message signage is permitted as part of a freestanding sign and will not conflict with the provisions of § 260-50D(2), providing the following conditions are observed for such signage:
(1)
Any variable message signage shall be limited to a maximum of 50% of the allowable freestanding sign face area, or 40 square feet, whichever is less.
(2)
Frequency of displays shall be limited to a maximum of one display every 20 seconds allowing for three display changes per minute.
(3)
The use of moving graphics, moving pictures and digital movies is prohibited. The use of graphics in a static display is permitted.
(4)
Copy changes shall be instantaneous, without scrolling, fading in, dropping in or similar moving copy changes.
(5)
Such signage shall be permitted in the Business and Manufacturing Zoning Districts. Such signage shall be prohibited in the residential zoning districts in the Town of Cheektowaga; and
(6)
Nighttime luminance levels shall not exceed levels consistent with fluorescent-lit sign boxes. Signs which create nuisances due to excessive nighttime luminance levels must be corrected and/or shut off until such time that the luminance level is reduced.
§ 260-51 Landscaping regulations.
A.
Intent. It is the purpose and intent of this section to:
(1)
Protect and promote the public health, safety and general welfare by requiring the landscaping of all nonresidential developments, including parking areas and incorporating said landscaping as an integral part of the entire part of the entire development.
(2)
Establish minimum standards and criteria for the landscaping of all nonresidential developments, to discourage the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the Western New York region.
(3)
Reduce the effects of wind and air turbulence, heat, noise and the glare of automobile lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Reduce the level of carbon dioxide and return pure oxygen to the atmosphere.
(6)
Prevent soil erosion.
(7)
Provide shade.
(8)
Conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community.
(9)
Create attractive buffers between the street right-of-way and the property line.
(10)
Relieve the blighting appearance of parking areas.
(11)
Generally preserve a healthful and pleasant environment through the use of landscaping for privacy and screening adjacent uses.
B. LANDSCAPE AREA PARKING AREA
Definitions. As used in this section, the following terms shall have the meanings indicated:
The area required or permitted under this section to be devoted to landscaping.
The off-street parking area and loading and unloading area required by Article V of this chapter.
C.
General provisions.
(1)
All developments in the RA, RSC, and RMH Districts and all nonresidential developments shall meet the requirements of this section. A landscape plan pursuant to Subsection D shall be submitted to the Town Planning Board as part of the review procedure. One- and two-family residences are not included in these provisions.
[Amended 4-9-2024 by L.L. No. 2-2024]
(2)
The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate existing and proposed structures, uses, parking areas, access aisles, drainage patterns and the location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and including those existing plant materials that are to be removed, and such other information as may be required.
D.
Standards and criteria.
(1)
Each development which is subject to the provisions of this section shall provide for a landscape area which is not less than 15% of the total area of the development. Parking areas designed for 25 or more cars shall reserve 5% of the interior of said area for landscaping.
(2)
A landscaped area at least 25 feet in depth shall be provided along the front and exterior side lot line of all parking areas and such landscaping shall have a depth of at least 10 feet along all side and rear lot lines.
(3)
Vegetation shall be compatible with soil conditions on the development site and regional climate.
(4)
Existing natural features and vegetation shall be preserved and incorporated in the landscaped area wherever possible.
(5)
The primary emphasis of the landscape treatment shall be on trees. Shrubbery, hedges, grass and other vegetation are to be used to complement the use of trees but shall not be the sole contribution to the landscape treatment.
(6)
All landscaped areas shall be drained to ensure proper growth of vegetation and shall be bordered with approved concrete curbing. Perimeter concrete curbing, to a maximum of six inches, may be included in landscaping calculations.
(7)
All deciduous trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground. All coniferous trees shall have a minimum height of five feet above the finished grade. Plastic or other types of artificial plantings or vegetation shall not be permitted.
E.
Existing development.
(1)
Existing development in all districts completed prior to the enactment of this section that require a rezoning, change of use or a building permit to expand in excess of 350 square feet shall comply with the requirements of this section prior to occupancy or use.
(2)
All other existing development shall comply with the requirements of this section, except that additional landscaping when required for such other existing development shall meet the following standards:
(a)
A landscaping strip a minimum of 10 feet wide shall be required along the entire front lot line and exterior side yard other than at permitted access driveways.
(b)
The installation of interior landscaping being a minimum of 5% of the area of parking areas designed for 350 or more cars shall be required.
(3)
The landscaping strip shall be installed no later than June 1, 1991, and the interior landscaping shall be installed no later than October 31, 1992.
F.
New development. New development shall be required to have landscaping in place and completed prior to occupancy or use of the property. In the event that seasonal conditions prevent completion of the required landscaping until the following planting season, the Planning Board shall set a completion date, and the owner shall post a certified check in the amount of 100% of the cost of the landscaping as verified by a landscape architect. Said certified check shall be made payable to the Town of Cheektowaga Town Clerk and shall be redeemable after completion and approval of said landscaping work by the stated completion date. In the event that the landscaping plan is not completed by the prescribed date, the owner shall forfeit the deposited amount, and the Town shall authorize installation of said landscaping.
G.
Maintenance and enforcement. All landscaped areas required and/or permitted by this section shall be maintained and preserved according to the plan as originally approved. Violations of this § 260- 51 shall be governed by § 260-72 of this chapter.
[Amended 4-9-2024 by L.L. No. 2-2024]
(1)
To protect the surrounding environment, the following flammable/combustible mulching materials are banned from being installed: bark mulch, wood chips, and any other organic flammable or combustible material.
(2)
If a fire department response is necessary due to an ignited mulch product, a violation can be issued to replace the mulch along with a fine of $250. Subsequent violations will result in additional fines which include an increase of $250 per instance.
§ 260-52 Limitations on motor fuel service stations and public garages.
A.
No part of any building used as a motor fuel service station or public garage and no filling pump, lift, canopy or appliance shall be erected within 25 feet any R District boundary.
B.
No canopy, overhang, motor fuel or oil pump, no oiling or greasing mechanism and no other service appliance shall be installed in connection with any motor fuel service station or public garage within 20 feet of any street line.
C.
Two reservoir spaces for each fuel dispensing position shall be provided on the lot for waiting vehicles. Such reservoir space shall not include space at the dispensing unit or other required parking spaces on the lot.
D.
Storage of motor fuel shall be in underground tanks approved by National Fire Protection Association standards.
E.
There shall be no use of the lot, except for landscaping or screening, within 25 feet of any R District boundary.
G.
The storage of compressed gas for dispensing to vehicles or other containers shall be underground. Pump islands or other filling appurtenances shall be located as regulated by this chapter.
H.
The storage of liquids, other than motor fuels, shall be underground or in the interior of the principal building.
§ 260-53 Limitations on permitted uses in business and manufacturing districts.
A.
No use of land, building or structure shall be permitted, the operation of which normally results in any:
(1)
Fire explosive hazard.
(2)
Dissemination of atmospheric pollutant, vibration or odor beyond the boundary of the premises on which such use is located.
(3)
Discharge of any unneutralized refuse material into sanitary sewers and discharge of any refuse material into storm sewers, ditches or streams.
(4)
Dissemination of noise by any device, equipment or machine beyond the boundary of the premises on which such use, building or structure is located, and onto any lot in an adjacent residence district when the sound produced by any such device, equipment or machinery exceeds the average ambient noise level, measured in decibels, of that residence district measured at any lot line. For purposes of this section, average ambient noise level is defined as the background average noise level, measured in decibels, in that residence district exclusive of aircraft noise and the noise being generated by the device, equipment or machine in question.
(5)
Storage of flammable and combustible liquids as defined in the most current issue of the National Fire Prevention Codes. Storage shall be entirely underground and in storage tanks approved by the National Fire Protection Association and the New York State Department of Environmental Conservation. Safety containers shall be used within any building or structure in which flammable liquids are handled.
(6)
All side and rear lot lines abutting any lot in any R District shall be fenced and/or screened by plantings. The fence shall be solid in construction, such as a stockade fence, shall not be more than six or 12 feet in height as permitted by § 260-59F(3)(a) and shall not project into any required front yard.
B.
Any site plan required to be filed for a project, and approved by the Town, will expire one year from the date of approval unless a building permit is applied for. Where a permit was issued for the project, the site plan will expire if construction does not commence within one year of issuance of the permit. After expiration, a new site plan must be submitted for review, if the site is to be developed.
C.
Other laws, codes, ordinances and regulations, enforced by the Town of Cheektowaga or other governmental agencies, may also be applicable to any use, project or action contemplated by an individual or corporation within the Town of Cheektowaga. Further research or documentation may be required of the individual or corporation to show compliance with this chapter.
§ 260-54 Lots divided by district boundaries.
Where a lot is divided by any zoning district boundary so as to be in more than one zoning district and where such lot was an existing lot when such district boundary was established, a conforming use, occupying 50% or more of the area of said lot and having street frontage in the district where permitted, may be extended on such lot not more than 25 feet (measured perpendicular to the district boundary) into any district where such use is not permitted or to the property line if the district boundary is within 50 feet; in either case all provisions of this chapter must be complied with.
§ 260-55 Temporary outdoor sales/display.
Temporary outdoor sales/display areas are permitted only in CM, MS and M2 Districts, subject to the following:
A.
A site plan must be submitted to the Building Inspector for approval. The plan must show existing structures and outline the area to be used for the sales/display.
B.
The area to be used for the sales/display must be set back 50 feet from any street line. Any temporary shelter used by the operator or for sheltering merchandise must also be set back 50 feet from any street line.
C.
Sheds, shacks, or similar structures, mounted on skids or wheels, are not permitted.
D.
A permit must be obtained for any tent or similar shelter as required by the Town of Cheektowaga Fire Code.
E.
A solicitor's/peddler's permit must be obtained from the Town Clerk, and the location of the temporary outdoor sales/display must be in an area permitted by the applicable section of this chapter for that district and must be approved by the Building Inspections Department. The Building Inspections Department may approve a location for a maximum two-week period, two times per calendar year.
§ 260-56 Filling of lands in business and manufacturing districts.
A.
No filling of vacant lands of any size or developed lands exceeding one acre in area shall be permitted without a drainage plan approved by the Town Engineer and a wetlands delineation study submitted if determined as necessary by the Town Engineer. In reviewing such drainage plan, the Town Engineer shall consider the effect on wetlands and other environmental concerns as determined by the Town Engineer. The Town Engineer may also request any environmental studies based on the Town's environmental review process and available resources.
B.
No filling of lands shall occur with materials other than earth in its natural form or other materials as approved by the Town Engineer.
C.
Vacant lands filled in accordance with an approved drainage plan shall, if not developed within three months of commencement of filling, be covered with four inches of topsoil, graded in conformance with the submitted drainage plan and seeded to establish a ground cover of grass or similar vegetation.
§ 260-57 Screening of service entrances in business and manufacturing districts.
Where a loading or unloading platform or any service entrance in any business or manufacturing district faces any lot within any R District boundary, such platform or service entrance shall be effectively screened from such R District.
§ 260-58 Supplemental height regulations.
A.
Height exceptions and limitations. Except as otherwise regulated in Subsection B, the height limitations of this chapter shall not apply to:
(1)
Chimneys, flues, spires or belfries.
(2)
Elevator or stair bulkheads, roof water tanks or cooling towers (including enclosures), provided that such structures, in the aggregate, do not occupy more than 10% of the roof area.
(3)
Flagpoles, radio or television antennas, masts or aerials, located on a building and extending not more than 20 feet above the highest point of the roof of such building.
B.
Height limitations around the Greater Buffalo International Airport.
(1)
In or about the property in the Town of Cheektowaga now or hereafter owned by the Niagara Frontier Transportation Authority and used for the aforementioned airport, there shall be erected or structurally altered no building, tower, tank, derrick, smokestack, pole, wire, power line, signboard or other structure of a permanent or temporary nature for any purpose whatsoever, which extends above the level of the land as follows:
(a)
Fifteen feet in height within a distance of 200 feet from any boundary of the airport.
(b)
Twenty feet in height within the area from 200 feet to 500 feet from any boundary of the airport.
(c)
Fifty feet in height within the area from 500 feet to 1,000 feet from any boundary of the airport.
(d)
One hundred feet in height within the area from 1,000 feet to 1,500 feet from any boundary of the airport.
(2)
The restrictions and regulations of this Subsection B shall not prohibit the Niagara Frontier Transportation Authority or its agents or servants from erecting or maintaining such buildings, towers or other structures which it deems necessary, convenient or desirable on the airport in the use of its lands in the Town of Cheektowaga as an airport.
(3)
The restrictions and regulations of this Subsection B shall not render unlawful or in violation hereof any building or structure now in existence or now being constructed which may exceed in height the height provisions of this subsection; but no such building or structure now in existence or now under construction shall, after it completion, be increased in height even though the original plans of any such building or structure indicated a height greater than the existing height; nor may any existing building or structure not now violating the provisions of this subsection be increased in height so as to violate the provisions of this subsection.
§ 260-59 Supplemental lot size and open space regulations.
A.
Lot size exception for existing small lots. The lot width or area requirements of this chapter shall be automatically waived to permit the erection of a single-family dwelling or the restoration, enlargement (but not including additional dwelling units), moving, repair or alteration of an existing single-family dwelling on any lot of record which was owned separately and individually from all other tracts of land on the effective date of this chapter, or on the effective date of any subsequent amendment increasing the lot size requirements of such lot, provided that:
B.
Front yard modification for deeper front yards on selected streets. In order to improve residential quality, the following residential collector streets shall have a minimum front yard requirement of:
(1)
Fifty feet.
(a)
Losson Road, from the former Penn Central Railroad line on the west to Transit Road on the east.
(b)
Borden Road, from the Depew village line on the north to the Town limits on the south.
(c)
Towers Boulevard, from LeHavre Drive to Losson Road.
(d)
Any future streets designated as residential collector streets on the Master Plan and adopted as such by resolution of the Town Board.
C.
Side yard modification for corner lots.
(1)
Side yard modification for corner lots in R Districts.
(a)
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard for any building shall not be less than 10 feet.
(b)
On a corner lot where the rear lot line coincides with a side lot line of the adjoining lot for a distance from a street line:
(2)
Side yard modification for corner lots in business or manufacturing district.
(a)
On a corner lot where the rear lot line coincides with the rear lot line of the adjoining lot for a distance from the street line, the required width of the exterior side yard of said corner lot shall be not less than 25 feet.
(b)
On a corner lot where the rear lot line coincides with a side lot line of an adjoining lot, the width of the exterior side yard of said corner lot shall be not less than the depth of the required front yard of said adjoining lot.
D.
Rear yard modification of through lots. On a through lot where the rear lot line coincides with a street line, a front yard equivalent shall be provided. The rear yard depth requirements in the district regulations shall not apply on that portion of a through lot where a front yard equivalent is required.
E.
Visibility at intersections. In any district where a front yard of 25 feet or more is required by this chapter, no sign, fence, wall hedge, shrub planting or tree foliage (except tree trunks) which obstructs vision at elevations between three and seven feet above the street level shall be placed or maintained within the triangular area formed by two intersecting curblines and a line connecting points on such curblines 30 feet distant from their point of intersection. Where no curb is installed, the edge of pavement shall be used as determined by the Building Inspector. This regulation shall not apply to any necessary retaining wall or to buildings existing on the effective date of this chapter.
F.
Permitted obstructions in required open space. None of the following uses, structures or parts of structures shall be considered as obstructions when located as specified:
(1)
In any required open space:
(a)
Access drives, walks, unenclosed stairs or retaining walls of any necessary height.
(b)
Fence or wall not exceeding 3 1/2 feet in height, except as otherwise required for screening.
(c)
Flagpoles not exceeding 20 feet in height.
(d)
Roof overhangs projecting not more than one foot into a required open space.
(e)
Permitted signs.
(f)
Unenclosed steps or terraces not extending more than one foot above the adjoining finished grade, nor more than eight feet from structure.
(g)
Projections from a principal building as follows, provided that no projection is nearer than five feet to a side lot line:
(h)
Enclosures for utilities serving a building or buildings located on the premises, provided the enclosure is located a minimum of 25 feet from any street property line, is a maximum outside height of 56 inches, maximum outside width of 52 inches and a maximum length of 130 inches. Landscaping, approved by the Planning Board, must be provided around the enclosure to screen the enclosure from public roads.
(2)
In any required interior side yard:
(a)
In the case of an existing lot under 60 feet in width, an attached garage not more than 12 feet in height may project into an interior side yard, but in no case shall the yard be reduced to less than three feet by such a projection.
(b)
Open fire escape projecting not more than four feet into a required interior side yard, but not nearer any side lot line than five feet.
(3)
In any rear yard, not a front yard equivalent, or in any part of an interior side yard:
(a)
Fence or wall not to exceed six feet in height in any zoning district. Barbed wire, razor ribbon, concertina wire or similar security fencing or fence topping is not permitted. Tennis court enclosures not exceeding 12 feet shall be permitted in any district.
(b)
Any accessory use or structure permitted in the district regulations, subject to Subsection G below (Limitations on obstructions in required open spaces). The total area of detached accessory buildings located in residence districts shall not exceed 750 square feet.
(c)
Projections, balconies, bay windows, non-weatherproofed porches, breezeways or attached garages, not exceeding 12 feet in height, may extend into a required rear yard for a distance not to exceed 1/3 the required depth of such yard.
(d)
Flagpoles or accessory radio or television antennas of any height, provided that such structure shall be set back from any property line a distance equal to its height.
G.
Limitations on obstructions in required open space.
(1)
No storage or processing of any kind shall be permitted in any required yard in any business or manufacturing district.
(2)
In any R District, except for access drives and walks, the required front yard is to be completely landscaped.
(3)
In any R District, accessory buildings and roofed projections shall not occupy more than 30% of a required rear yard of an interior lot, nor more than 40% of a required rear yard of a corner lot, but in no case shall exceed a total of 750 square feet.
(4)
In any R District, no part of an accessory building shall be nearer than three feet to a rear or side lot line, except that where the rear line abuts a side yard of an adjoining lot in any R District, the setback shall not be less than a distance equal to 1/2 the height of the accessory building or five feet, whichever is greater.