A.
The intent of the residence district regulations is
to provide areas within the Town which will accommodate the wide variety
of dwellings and dwelling groups available to suit the varied lifestyles,
desires and means of the present and future residents of the Town.
It is recognized that certain types of dwellings will not be compatible
in specific areas of the Town and it is for this reason that certain
limitations have been established.
Regulations for the R Residence District shall
be as follows:
A.
Permitted uses.
(1)
Principal uses.
(a)
Single-family dwellings.
(b)
Two-family dwellings (subject to restrictions
found in Subsection A(1)(e)[3].
(c)
Church or similar place of worship, parish house,
convent, rectory or parsonage.
(d)
Public or private nonprofit elementary or secondary
school accredited by the New York State Department of Education.
(e)
By special permit authorized by the Zoning Board
of Appeals.
[Amended 2-17-2016 by L.L. No. 1-2016]
[1]
Golf course catering exclusively to golfers,
provided that any building thereon shall be at least 75 feet from
any lot line, and no commercial activity shall be conducted except
for an accessory pro shop, service building or an accessory dining
room, with or without bar facilities.
[2]
Two-family dwellings in the following described
area of the Town of Cheektowaga: Beginning at the intersection of
Como Park Boulevard and Union Road; thence southerly along Union Road
to Slate Bottom Creek; thence southeasterly along Slate Bottom Creek
to Transit Road; thence northerly along Transit Road to Zurbrick Road;
thence westerly along Zurbrick Road and the south boundary of the
Village of Depew to the point where the Village of Depew boundary
intersects Rowley Road; thence southwesterly along Rowley Road to
Indian Road; thence southerly along Indian Road to Como Park Boulevard;
thence westerly along Como Park Boulevard to Union Road at the place
of beginning.
(2)
Permitted accessory uses.
(a)
Buildings for private horticulture purposes.
(b)
Offices for resident professionals as permitted
and regulated by this chapter.
(c)
Off-street parking as permitted and regulated
by this chapter.
(d)
Private swimming pool or pool deck, provided that it is located
in the rear of the front setback line, is a minimum of five feet from
the rear lot line and side lot line and does not occupy any part of
a required exterior side yard.
[Amended 2-19-2014 by L.L. No. 1-2014]
(e)
Storage of house or camping trailers, utility
trailers or boats owned by the occupant of the premises for his personal
use shall be permitted as regulated by this chapter.
(f)
Other customary accessory uses as regulated
and permitted by this chapter.
B.
C.
Required open space. Unless otherwise provided, the
minimum required open space shall be as specified in this section.
(1)
Front yard: 25 feet.
(2)
Side yards (two required).
(a)
Single- or two-family dwelling. The minimum width of any side yard shall equal 10% of the lot width, but need not exceed 10 feet; the total width of both side yards shall equal 25% of the lot width, but need not exceed 25 feet. See § 260-59F (exception of attached garage).
(b)
Other principal buildings. Each side yard shall
equal 30 feet or a distance equal to the height of the principal building,
whichever is greater; provided, however, that where a side yard abuts
a lot in any nonresidential district such side yard shall equal 15
feet or a distance equal to 1/2 the height of the principal building,
whichever is greater.
(3)
Rear yard. Rear yards shall be equal to 25% of the
lot depth but shall not be less than 25 feet or a distance equal to
the height of the principal building, whichever is greater.
(4)
Open space between principal buildings on a single
lot. No vertical wall of a principal building shall be nearer to a
vertical wall of any principal building than 30 feet or a distance
equal to the average height of such vertical walls measured from adjoining
finished grade, whichever is greater.
D.
Maximum height of buildings. Unless otherwise provided,
the maximum permitted height of buildings shall be as specified in
this section.
F.
Supplemental regulations reference. For applicable supplemental regulations pertaining to use, height, area or open space, see Article VI.
G.
Minimum livable ground floor area. Any building used
principally as a dwelling shall have at least 900 square feet of livable
ground floor area; provided, however, that where a dwelling has an
integral garage and has livable floor space above the ground floor,
the livable ground floor area shall not be less than 800 square feet.
The intent of this section is to provide areas
within the Town for low-density single-family detached residential
development where each dwelling unit must be located on an individual
lot of at least 10,800 square feet. Maximum density will be approximately
three dwelling units per gross acre.
A.
Permitted structures and uses.
(2)
Common recreation structure or use, provided that:
(a)
The land is owned by a homeowners' association
or other common ownership and is maintained and used only by the members
of the association or the owners in common, their families and guests.
(b)
The members of the association or common owners
are residents of the subdivision within which the structure or use
is located.
(c)
All buildings shall be located at least 75 feet
from any adjoining residential lot line and all other structures and
uses are at least 25 feet therefrom.
B.
Accessory structures and uses.
(1)
Uses and structures customarily incidental to the
above.
(2)
Off-street parking, loading and stacking, as required
by this chapter.
(3)
Detached private garages and parking areas.
(4)
Private gardens.
(5)
Private recreational uses and structures.
(6)
Swimming pools, as permitted and regulated by this
chapter and other laws.
(7)
Signs as permitted and regulated by this chapter.
(8)
Private and parochial schools and day-care centers,
accredited when required by New York State, when accessory to a church,
synagogue or other place of public worship.
D.
Required open space. Unless otherwise provided, the
minimum required open spaces shall be as specified in this section.
E.
Maximum height of buildings. Unless otherwise provided,
the maximum permitted height of buildings shall be as specified in
this section.
(1)
Two stories, not to exceed 35 feet.
All developments shall be required to submit a site plan for approval pursuant to § 260-88.
A.
Permitted uses.
B.
Required lot size. Unless otherwise provided, the
minimum lot size shall be as specified in this section.
(1)
Frontage.
(a)
Each multifamily dwelling, dwelling group, townhouse
or garden apartment structure not part of a multifamily development
shall have a minimum frontage of 150 feet abutting a dedicated street.
(b)
Each multifamily dwelling, dwelling group, townhouse
or garden apartment structure which is part of a development need
not abut a dedicated street, provided that the parcel upon which the
development is proposed has a minimum frontage of 100 feet upon a
dedicated street and the primary private drive is a minimum of 28
feet wide curb face to curb face.
C.
Required open space. Unless otherwise provided, the
minimum required open spaces shall be as specified in this section.
(2)
Side yards (two required).
(a)
For any accessory building or use: 10 feet to
a property line.
(b)
For any principal buildings. Each side yard
shall equal 15 feet or a distance equal to 1/2 the height of the principal
building, whichever is greater.
(c)
Public right-of-way: 20 feet.
(d)
Private road from edge of pavement or curb line:
25 feet.
(3)
Rear yard. Rear yards shall be equal to 25% of the
lot depth, but shall not be less than 25 feet or a distance equal
to the height of the principal building, whichever is greater.
E.
Procedure for approval of multiple dwellings, dwelling
groups, townhouses or garden apartments.
(1)
In order to improve ingress and egress and properly locate open space for purposes of public safety, no building permit shall be issued until a site plan (see Article XI, Definitions) has been approved by the Town Board, after recommendation by the Planning Board. This shall include developments on private courts or streets as well as public streets.
(2)
The Planning Board shall make its report to the Town
Board within 60 days following receipt of the proposed site plan and
development. If no report has been received by the Town Board within
the aforementioned period, it shall be assumed that the Planning Board
has no comment or recommendation to make on the subject.
A site plan shall be required for all developments
in this district.
A.
Permitted uses.
(1)
Principal uses.
(a)
The housing of persons 62 years of age and older
or in a domestic relationship where one or two persons is 62 years
of age or more or handicapped persons below 62 years of age in a residential
complex, said persons to be able to live in the mainstream of society,
without special medical and/or special supervisory care.
B.
Required lot size. Unless otherwise provided, the
minimum lot size shall be as specified in this section.
C.
Required open space. Unless otherwise provided, the
minimum required open spaces shall be as specified in this section.
(1)
Front yard: 50 feet.
(2)
Side yards (two required).
(a)
Principal building. The minimum width of any
side yard shall be 20 feet; the total width of both side yards shall
not be less than 50 feet.
(b)
Emergency vehicle access. A perimeter road around
the building will be provided for emergency vehicles. Said road will
be a minimum of 16 feet wide, paved surface, and shall be restricted
from parking thereon. Furthermore, parking will be restricted between
the building and the perimeter road. The perimeter road will be designated
as a fire lane and capable of supporting emergency apparatus.
(c)
Accessory buildings. Each side yard shall equal
15 feet or a distance equal to 1/2 the height of the principal building,
whichever is greater.
(3)
Rear yard: not less than 25 feet or a distance equal
to 1/2 the height of the principal building, whichever is greater.
(4)
Open space between principal buildings on a single
lot. No vertical wall of the principal building shall be nearer to
a vertical wall of any other principal building 30 feet or a distance
equal to the average height of such vertical walls measured from adjoining
finished grade, whichever is greater.
(5)
Recreation open space. A minimum of 100 square feet
per unit must be provided and designated as open space designed for
social or recreational purposes.
D.
Maximum height of buildings. The maximum height of
a building at any point shall be 50 feet exclusive of elevator towers,
chimneys, antennas and the like; all rooftop mechanicals shall be
screened with material similar to that of the principal structure.
E.
Senior citizen housing approval. Recommendation for approval of senior citizen housing by the Planning Board shall be subject to the submission of a development plan as governed by § 260-84 of this chapter. Furthermore, the developer of senior citizen housing will submit a notarized affidavit indication that any future reuse of the senior citizen housing for anything other than senior citizen housing will not be permitted without approval by the Town Board.
F.
An exception is provided for senior citizen housing,
whereupon minimum dwelling space shall be governed by the United States
Department of Housing and Urban Development minimum property standards.
Site plan review shall be required for any proposed
or amended mobile home district development. The intent of this section
is to provide areas planned and developed as mobile home parks within
the Town. The district will permit single-family detached mobile dwelling
units on individual lots at a maximum density of approximately eight
units per gross acre.
A.
Permitted structures and uses.
(2)
Accessory structures and uses.
(a)
Garage, private.
(b)
Storage shed.
(c)
Park office, small convenience retail and service
facilities, except for automobile drive-in restaurants, designed to
serve the needs of residents of the mobile home park and having no
advertising outside the building, except identification signs. The
total gross floor area of such facilities shall not exceed 30 square
feet per lot within the mobile home park, up to 3,000 square feet
maximum size.
(d)
Open space which may include recreational facilities
and structures to serve the needs of the residents of the mobile home
park.
(e)
Private gardens.
(f)
Signs as permitted and regulated by this chapter.
(g)
Off-street parking, loading and stacking and
landscaping as required by this chapter.
B.
Design regulations for structures and uses.
(1)
Minimum site size: 20 acres, with a minimum of 50
mobile home lots fully serviced and available prior to initial occupancy.
(2)
Minimum site width: 100 feet.
(3)
Minimum recreation area: 8% of the gross site.
(4)
Minimum distance between any structure and park site
boundary: 25 feet.
(5)
Boundary treatment: fences, walls, plantings or other
screening materials shall be provided.
(6)
Mobile home lots.
(a)
Minimum lot area: 5,000 square feet.
(b)
Minimum lot width: 40 feet.
(d)
Minimum distance between principal structures:
20 feet.
(e)
Minimum distance between principal structure and accessory structure permitted under Subsection B(2) above: 10 feet.
(f)
Minimum distance between principal structure
and rear lot line: 15 feet.
(g)
Minimum distance between accessory structures
and side or rear lot line: five feet.
(h)
No accessory structure shall be permitted in
a front yard.
C.
Arrangement, access and other requirements. Dwelling
units may be arranged in groups or clusters. Each group or cluster
shall abut a street; however, each dwelling unit within such group
or cluster need not so abut, provided that:
(1)
Each dwelling unit is accessible by means of a private
street for service and emergency vehicles.
(2)
The standards of design and construction for private
streets shall meet the following standards:
(a)
Fifty-foot-wide right-of-way, if private. Public
streets shall meet Town requirements.
(b)
Twenty-eight-foot pavement width, curb to curb.
(c)
Fifteen-inch depth, asphaltic concrete pavement.
(d)
Stormwater collection system with on-site detention
if required by Town Engineer or other agency.
(e)
Sanitary sewer and waterline designed to meet
health, water authority and Town standards.
(f)
Fire hydrants at maximum five-hundred-foot intervals.
(g)
Main park roads shall have four-foot-wide sidewalks,
one foot inside the street boundary. The Town may waive sidewalks
on cul-de-sac and short loop streets.
(3)
The procedures for the preservation and maintenance
of all private streets, pedestrian ways and common open space shall
comply with all applicable laws.
The following provisions apply to all residential
districts unless otherwise indicated and shall supersede conflicting
regulations for those districts:
A.
Supplemental yard regulations.
(1)
Front yards of partially built-up blocks. Where 50%
or more of the aggregate street frontage on one side of a street between
two successive intersecting streets is occupied by buildings, the
minimum front yard lot to be developed shall be the average setback
distance of existing residence buildings located on either side.
(2)
Side yard on corner lots. The shorter line abutting streets on a corner lot is the front lot line for undeveloped parcels. For existing, developed lots, the street address will be the front lot line. The width of the side yard on the street shall be determined by the requirements in § 260-59C(1).
(3)
Yards for accessory structures and uses in R, RS,
and RMH Districts. No accessory building shall project into a front
yard. An accessory building may project into a side yard to the extent
permitted in the district.
(4)
Exterior heating or air-conditioning structures. In
R and RS Districts, nonportable exterior heating or air-conditioning
structures shall not be located within a required front yard or within
five feet of any other lot line.
(5)
Front yard setbacks for unenclosed porches. In the
R Residence Zoning District, unenclosed porches may extend a maximum
of seven feet into the required front yard, but in no case shall such
extension be allowed to be closer than 18 feet to a front property
line.
B.
Office of resident professional, in the R District only. A special use permit shall be required. The permit shall be issued by the Board of Appeals only after a public hearing, advertised in the manner required by § 267-a, Subdivision 7, of the Town Law, and pursuant to the provisions of § 260-78 of this chapter.
(1)
The resident professional office shall be clearly
incidental and subordinate to the use of the premises for residential
purposes. The area devoted to the resident professional office shall
not exceed 15% of the ground floor area of the principal structure.
(2)
The resident professional may have only one employee,
assistant or associate.
(3)
Off-street parking spaces shall be provided in addition to driveways and any private garage or parking area according to the profession involved and the requirements of § 260-40 of this chapter. The location of the parking spaces and access drives thereto shall be determined by the Building Inspector. The location thereof shall be that which has the least negative impact on adjacent properties. Screening of the parking by fences, vegetation or appropriate material shall be provided so as to maximize privacy for adjacent land uses with visual, noise and air quality factors considered.
(4)
The resident professional may have a wall sign which
is non-internally illuminated and which may be externally illuminated
not exceeding four square feet in area.
C.
Intent. To allow the use of a portion of a residence
on a temporary basis for the purposes of accommodating new self-proprietorships
in the business's early formation stages.
D.
Home-based business, in the R District only. A temporary permit shall be required and valid for a maximum of two years. The permit shall be issued by the Board of Appeals only after a public hearing, advertised in the manner required by § 267-a, Subdivision 7, of the Town Law, and pursuant to the provisions of § 260-78 of this chapter.
E.
Home-based business: the use of a portion of a residential
dwelling unit by one or more resident occupants for purposes of conducting
a business which is not clerical in nature and involves the assembling
or treatment of articles or merchandise for exchange off the premises.
(1)
The home-based business shall be clearly incidental
and subordinate to the use of the premises for residential purposes.
The area devoted to home-based business shall not exceed 15% of the
ground floor area of the principal structure. It may be within the
principal or accessory structure.
(2)
The home-based business may have only one employee,
assistant or associate who is not a resident occupant.
(3)
The home-based business shall not produce offensive
odors, noise, vibrations, heat, glare or dust and shall have business
hours restricted to 9:00 a.m. to 5:00 p.m.
(4)
The home-based business shall not permit the receipt
of clients or animals at the residence.
(6)
The Zoning Board of Appeals may impose reasonable
conditions on the issuance of a temporary permit for a home-based
business to safeguard the public health, welfare, safety, comfort
and convenience of the surrounding community.
(7)
All small-based business activities and storage of
goods must be conducted within a fully enclosed building.
(8)
Use of commercial vehicles for a home-based business
must adhere to the limitations for commercial vehicles within residential
districts as set forth in this chapter. All goods and/or materials
used in a home-based business must be delivered to the residence using
the applicant's personal vehicle. Commercial deliveries to the residence
will not be permitted.
F.
Supplementary height regulations. Chimney, radio or
television antennas, located upon and constituted as an integral part
of a principal structure, may be erected above the height limit specified
but are limited to a height not exceeding 40 feet above the average
finished grade. Mechanical space for building equipment placed on
the building roof may be allowed above the maximum height specified,
provided that such mechanical space is set back a minimum of 15 feet
from any exterior wall, does not exceed 15 feet in height and is screened
from view.
G.
Lot frontage on street required for dwellings. No
dwelling shall be erected on any lot which does not have immediate
frontage on a street as defined in this chapter.
H.
Lot required for every dwelling. Every building used
as a dwelling shall be located on a lot, and, except for permitted
accessory dwellings or dwelling groups, there shall be not more than
one such building on a lot.
I.
Access drive for every lot.
(1)
Every lot for a dwelling building shall be allowed
only one driveway access to any public right-of-way or rights-of-way.
(2)
Dwelling groups may have more than one driveway access
to any public right-of-way, subject to the approval of the authority
having jurisdiction over the right-of-way and if required for emergency
access or traffic control.
J.
Commercial and/or unlicensed vehicles in residential
districts.
(1)
No owner of lands shall permit principal garaging, open storage or the parking of any commercial vehicle as defined in Subsection J(1)(f) except that one commercial vehicle, which is for personal transportation, such as a pickup truck or van, which does not exceed the dimensional limitations as set forth below may be principally garaged if within a completely enclosed building.
(a)
Utility trailer. Any structure or vehicle which
is mounted or designed for mounting on wheels and designed to be towed
behind a motor vehicle and which is used for the transport of goods
or materials customarily accessory to the principal residential use.
(b)
Camper trailer. Any structure which is mounted
or designed for mounting on wheels and which includes accommodations
designed for sleeping or living purposes for one or more persons,
and designed to be towed behind a motor vehicle.
(c)
Camper. A compact, temporary living unit which
sets in the bed of a pickup truck.
(d)
Recreational vehicle. Any motorized vehicle
which may include sleeping or living purposes for one or more persons.
(e)
Boat. Any vessel capable of transport by water.
(f)
Commercial vehicle. Any vehicle with license
plates and/or registration which designates that vehicle as being
commercially licensed and which also advertises by name or symbol
any business or service (standard automobile dealership nameplates
excluded) and which is longer than 225 inches, inclusive of load and
bumper, or wider than 80 inches, as measured by the body, or higher
than 81 inches, as measured from the underside of the tire to the
top of the vehicle. Other commercially licensed vehicles such as tow
trucks, limousines, construction equipment, special commercial, omnibus
and semi tractors or trailers which do not display advertisement shall
also be considered commercial vehicles, unless performing a necessary
service to a residence.
K.
Architectural approval. All new two-family dwellings
in any zoning district, except for the area defined in § 260-23A(1)(e)[3],
and developments within the RA Apartment District shall be subject
to architectural approval by the Planning Board.
L.
Filling of lands in residence districts.
(1)
No filling of vacant lands of any size or developed
lands exceeding 1/2 acre in area shall be permitted without a drainage
plan approved by the Town Engineer; in reviewing such drainage plan,
the Town Engineer shall consider the effect on wetlands, tree preservation
and other environmental concerns as determined by the Town Engineer;
the Town Engineer may also request any environmental studies, including
wetlands, based on the Town's environmental review process and available
resources.
(2)
No filling of lands shall occur with materials other
than earth in its natural form or other materials as approved by the
Town Engineer.
(3)
Vacant lands filled in accordance with an approved
drainage plan shall, if not developed within six months of commencement
of filling, be covered with four inches of topsoil, graded to plan
and seeded to establish a ground cover of grass or similar vegetation.
M.
Existing subdivision lots. No undeveloped residential
lot which is part of an existing subdivision map shall be developed
where five or more lots, as shown on such existing subdivision map,
are or remain undeveloped unless and until a new subdivision map is
prepared, accepted and filed in the same manner as are other subdivision
maps. Such new subdivision map shall comply with all current Town,
county and state laws, regulations and procedures and shall be approved
by the Town Board prior to the development of the lots within such
new subdivision map.
N.
Drainage plan. No undeveloped lot or parcel of any
size shall be developed for residential purposes until a drainage
plan, which demonstrates that there will be no increase in net stormwater
runoff or no negative drainage impact on neighboring lands, is filed
with and approved by the Town Engineer.
