The intent of this article is to provide minimum
uniform requirements throughout the Town relating to parking of motor
vehicles; to reduce the impact of businesses on an area by requiring
off-street parking areas, thereby reducing or eliminating the need
for parking on public streets; requiring a minimum amount of screening
and landscaping, thereby reducing the visual impact of parking areas;
and to limit parking to certain areas of a lot to reduce visual impact
on a neighborhood.
A.
Parking in new, existing and changed uses.
(1)
After the effective date of this chapter, off-street
parking spaces shall be provided, as hereinafter specified, at the
time a building or structure is erected or at the time a new use of
open land is established. In the case of an enlargement of any existing
building, structure or use after the effective date of this chapter,
off-street parking spaces shall be provided as hereinafter specified
for the enlarged portion of such building, structure or use.
(2)
No existing off-street parking area shall be reduced
in capacity so as to be less than required by this chapter; or if
such parking capacity is already less than herein required, such parking
area shall not be further reduced; provided, however, that a reduction
in such existing parking area shall be allowed if acceptable equivalent
parking space is provided elsewhere for the use involved.
(3)
Any change in use shall comply with the off-street
parking requirements as specified hereafter in this chapter.
B.
Dwellings parking spaces.
(1)
Single-family or two-family dwelling: two spaces for
each dwelling unit.
(2)
Multifamily dwelling: two spaces for each dwelling
unit plus guest parking equal to 5% of the number of units.
(3)
Tourist home, or rooming or lodging house: one space
for each unit accommodation.
(4)
Additional spaces for accessory uses.
(a)
Offices for treatment of humans: 10 spaces for
the first examining room plus five spaces for each additional examining
room.
(6)
Group homes: one space for every two group home residents
plus one for each employee on the shift with the largest number of
employees.
D.
Places of assembly, parking spaces.
(1)
School: one space for each classroom plus one space
for each four seats in the auditorium or stadium, whichever is greater.
(2)
Churches, principal or accessory auditorium, theater,
stadium or sports arena: one space for each three seats.
(3)
Bowling alley: 10 spaces per alley plus spaces as
required for restaurant seating.
(4)
Dance hall or studio, skating rink or other places
of public amusement not otherwise specified: five spaces for each
100 square feet net floor area open to public or used for the activity,
whichever is greater.
(6)
Club or lodge: one space for each 100 square feet
of floor area used for club or lodge purposes.
(7)
Mortuary or funeral parlor: 15 spaces for each parlor.
(8)
Trade school: one space for each student, based on
the design capacity of the building, plus one space for each teacher
or other employee.
E.
Business or industrial uses, parking spaces.
(1)
Furniture, floor covering or appliance stores; custom
shops; wholesale business: one space for each 700 square feet of net
floor area plus one additional space for each employee.
(2)
New or used car sales: one space for each 700 square
feet of sales area within a building, but not fewer than five spaces
for customer parking and one space for each two employees. Such spaces
shall be clearly marked and shall not be used for the parking of unregistered
motor vehicles.
(3)
Motor fuel dispensing station, public garage or repair
garage, principal or accessory: three spaces for each service bay
but not more than four spaces for each service bay.
(4)
Food store, shopping center or group of stores over
20,000 square feet of gross floor area: five spaces per 1,000 square
feet of net floor area.
(5)
Individual retail stores: one space for each 300 square
feet of gross floor area.
(7)
Other business offices, including barbershops and
beauty shops, or professional offices or banks: one space for each
200 square feet of net floor area.
(8)
Manufacturing, storage or other industrial floor area:
off-street parking spaces shall be equal to 1 1/2 spaces per
employee.
(9)
Hotels and motels: one space per room plus parking
required for bar, restaurant and assembly rooms.
F.
All other principal uses not above enumerated or excepted,
parking spaces: one space for each 350 square feet of net floor area.
A.
B.
Gross floor area. Gross floor area shall include all
areas of a building used or occupied; provided, however, that basement
or cellar floor area not used for processing, servicing or sales of
goods or merchandise shall not be counted as gross floor area.
C.
Seats. In places of assembly where bench-type seats
are provided or where standing patrons are served at a counter or
bar, each 20 linear inches of such seating or standing space shall
be considered as one seat for the purpose of determining off-street
parking requirements. The seating plan for an eating or drinking establishment
shall be used to determine the number of seats required for off-street
parking. Where no plan is provided, the Building Inspector may determine
the number of spaces needed using one space per 10 square feet of
gross floor area as the unit of measurement.
D.
Net floor area is the gross building less service
areas, hallways, elevators, stairways, utility rooms, lavatories,
storage and equipment rooms and the like not generally used by customers.
E.
Fractional units. When application of the units of
measurement to determine required off-street parking spaces results
in fractional parking space 1/2 or more, one parking space shall be
required.
A.
Accessory uses.
(1)
No off-street parking shall be required for uses accessory to any institutional use specified in § 260-40C or for an accessory restaurant used primarily for students, patients, tenants or employees occupying a principal building.
(2)
In the case of accessory retail sales or restaurants,
the parking requirement for either the accessory use or the principal
use, whichever requirement is less, shall be reduced by 50%.
B.
Joint facilities.
(1)
In the case of a church and school on the same lot,
the lesser parking requirement shall be waived.
(2)
Where places of assembly specified in § 260-40D are located on the same lot with other uses, the required number of spaces for the primary use shall be the minimum required.
(3)
Where public off-street parking facilities are available,
other than off-street parking provided for a public building, the
Planning Board may recommend to the Building Inspector a reduction
up to 25% in the number of required off-street parking spaces for
uses located on any lot within 500 feet of such public parking facility.
A.
Location of required parking spaces.
(1)
Location on same lot required. All required off-street parking spaces shall be provided on the same lot with the building or use they serve, except as provided in Subsection A(2), Group facilities.
(2)
Group facilities. In any C or M District, required
off-street parking spaces may be provided in group parking facilities
designed to serve two or more buildings or uses on different lots,
provided that:
B.
Setback for all off-street parking spaces.
(1)
In any R District:
(a)
Access drives shall be a minimum of five feet
from any property line.
(b)
No open off-street parking space shall be permitted
in a required front yard or exterior side yard, except that parking
spaces may be located in such yards provided that they are situated
no closer than five feet to any property line and paved with concrete
or bituminous macadam and not directly in front of the principal building.
(c)
No open off-street parking area for five or
more motor vehicles or access drives for such parking areas shall
be located within 10 feet of any side or rear lot line of an adjoining
lot in any R District.
(2)
In any business or manufacturing district, no open
or enclosed off-street parking space shall be permitted within 25
feet of any street line or within 10 feet of any R District boundary.
C.
Encroachment of required parking spaces prohibited.
All areas counted as required off-street parking area shall be unobstructed
and free of all other uses except off-street loading or unloading.
D.
Guaranty for off-site parking spaces. In any case
where required off-street parking spaces are not provided on the same
lot with the building or use they serve, such off-street parking spaces
shall be subject to deed, lease or contract restrictions acceptable
to the Town Attorney of the Town of Cheektowaga, binding the owner,
his heirs or assigns to maintain the required number of spaces available
throughout the life of such use.
[Amended 2-19-2014 by L.L. No. 1-2014]
Any portion of a lot used for unenclosed off-street
parking or reservoir space or for open sales, service or storage areas
for motor vehicles, contractor's equipment or boats shall be deemed
to be an automotive use area. New automotive use areas or enlargements
of existing automotive use areas shall be subject to the following
requirements:
A.
Surfacing. Every automotive use area and access driveway
thereto shall be surfaced with bituminous macadam or concrete and
shall be graded and drained so as to dispose of surface water accumulation
as approved by the Town Engineer.
B.
Screening. Every automotive use area, except off-street
parking areas for fewer than five vehicles, shall be screened from
any adjoining lot in any R District or residentially used property,
including lots situated across the street, as follows. Such screening
shall be maintained in good condition at all times.
(1)
Along a street line, by a planting strip 25 feet wide;
provided, however, that no shrub planting or tree foliage (with the
exception of the tree trunk) shall be placed or maintained which obstructs
vision at an elevation between three feet and seven feet above the
street level. Such screening may be interrupted by normal entrances
and exits.
(2)
Along a rear lot or an interior side lot line which
abuts an existing or future rear yard or side yard on such adjoining
lots, by a solid fence or an unpierced masonry wall five feet in height
and landscaping a minimum of 10 feet in depth as required on the site
plan.
C.
Access. No entrance or exit to any automotive use
area shall be permitted within 30 feet of any intersecting street
lines, and, except for off-street parking areas for uses permitted
in any R District requiring fewer than 10 parking spaces, no entrance
or exit shall be permitted within 10 feet of a lot in any R District.
Access to automotive areas, except for off-street parking areas in
R Districts for fewer than 10 vehicles, shall be so arranged that
vehicles shall not back into a street.
A.
Unless specifically approved for such use, no automotive use area shall be used for auto wrecking or the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles, even when covered by canvas, tarpaulins or similar material, which do not have a valid registration, properly mounted license plates and current state inspection sticker, except as provided for in § 260-33E.
B.
The temporary use of an automotive use area which is accessory to
a permitted nonresidential use for the storage of de-icing salts used
in the maintenance of the accessory automotive use area is permitted
between the consecutive months of November 1 through April 1, providing
the following conditions are met:
[Added 2-19-2014 by L.L. No. 1-2014]
(1)
The salt storage area is not within a required yard.
(2)
The area is limited to a maximum volume of 40 cubic yards.
(3)
Any retaining walls shall be temporary in nature and not exceed five
feet in height.
(4)
The storage area shall be disassembled by April 1, and the area shall
be broom clean.
(5)
All storage areas shall be provided with tarpaulin covers secured
tightly and completely covering the salt storage area.