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.
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.
[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.
[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.
[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.
[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.
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.
[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.
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.
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.
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.
(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, 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.
(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.
[Amended 3-18-2013 by L.L. No. 2-2013]
(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.
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 fee will be charged, an application for a use permit for each portable or temporary sign, as described in Subsection G(2), shall be accompanied by a deposit of $50. The deposit shall be refunded only if the sign is removed at or before the end of the time permitted for display. A refund shall be made upon a voucher approved by the Building Inspector. If the sign is not removed at or before the end of the permitted period, the deposit shall be forfeited and transferred to the Town general fund. The forfeiture shall be civil in nature and in addition to all other penalties provided for 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, building markers, and flags(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
|
16
|
22
|
22
|
140
|
1000
|
1000
|
300
|
200
|
400
|
400
|
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:
[Added 3-18-2013 by L.L. No. 2-2013]
(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
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.
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, 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.
(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.
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.
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.
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.
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.
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.
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.
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.
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.
