The intent of this article is to provide minimum uniform requirements throughout the Town relating to parking of motor vehicles; to reduce the impact of businesses on an area by requiring off-street parking areas, thereby reducing or eliminating the need for parking on public streets; requiring a minimum amount of screening and landscaping, thereby reducing the visual impact of parking areas; and to limit parking to certain areas of a lot to reduce visual impact on a neighborhood.
A. 
Parking in new, existing and changed uses.
(1) 
After the effective date of this chapter, off-street parking spaces shall be provided, as hereinafter specified, at the time a building or structure is erected or at the time a new use of open land is established. In the case of an enlargement of any existing building, structure or use after the effective date of this chapter, off-street parking spaces shall be provided as hereinafter specified for the enlarged portion of such building, structure or use.
(2) 
No existing off-street parking area shall be reduced in capacity so as to be less than required by this chapter; or if such parking capacity is already less than herein required, such parking area shall not be further reduced; provided, however, that a reduction in such existing parking area shall be allowed if acceptable equivalent parking space is provided elsewhere for the use involved.
(3) 
Any change in use shall comply with the off-street parking requirements as specified hereafter in this chapter.
B. 
Dwellings parking spaces.
(1) 
Single-family or two-family dwelling: two spaces for each dwelling unit.
(2) 
Multifamily dwelling: two spaces for each dwelling unit plus guest parking equal to 5% of the number of units.
(3) 
Tourist home, or rooming or lodging house: one space for each unit accommodation.
(4) 
Additional spaces for accessory uses.
(a) 
Offices for treatment of humans: 10 spaces for the first examining room plus five spaces for each additional examining room.
(5) 
Senior citizen housing.
(a) 
One space for every two units.
(b) 
One additional handicapped parking space for every 10 required parking spaces.
(c) 
One visitor parking space for every four units.
(6) 
Group homes: one space for every two group home residents plus one for each employee on the shift with the largest number of employees.
C. 
Institutional uses, parking spaces.
(1) 
Hospital: 2 1/2 spaces for each bed.
(2) 
Sanitarium, hospice, convalescent home or similar facility: one space for each three beds.
(3) 
Home for aged or orphanage: one space for each five persons in residence.
D. 
Places of assembly, parking spaces.
(1) 
School: one space for each classroom plus one space for each four seats in the auditorium or stadium, whichever is greater.
(2) 
Churches, principal or accessory auditorium, theater, stadium or sports arena: one space for each three seats.
(3) 
Bowling alley: 10 spaces per alley plus spaces as required for restaurant seating.
(4) 
Dance hall or studio, skating rink or other places of public amusement not otherwise specified: five spaces for each 100 square feet net floor area open to public or used for the activity, whichever is greater.
(5) 
Eating or drinking establishments, principal or accessory.
(a) 
Five spaces for each 25 square feet of net takeout floor area.
(b) 
Two spaces for each five seats.
(c) 
Five spaces for each 100 square feet of net standing-room-only area.
(6) 
Club or lodge: one space for each 100 square feet of floor area used for club or lodge purposes.
(7) 
Mortuary or funeral parlor: 15 spaces for each parlor.
(8) 
Trade school: one space for each student, based on the design capacity of the building, plus one space for each teacher or other employee.
E. 
Business or industrial uses, parking spaces.
(1) 
Furniture, floor covering or appliance stores; custom shops; wholesale business: one space for each 700 square feet of net floor area plus one additional space for each employee.
(2) 
New or used car sales: one space for each 700 square feet of sales area within a building, but not fewer than five spaces for customer parking and one space for each two employees. Such spaces shall be clearly marked and shall not be used for the parking of unregistered motor vehicles.
(3) 
Motor fuel dispensing station, public garage or repair garage, principal or accessory: three spaces for each service bay but not more than four spaces for each service bay.
(4) 
Food store, shopping center or group of stores over 20,000 square feet of gross floor area: five spaces per 1,000 square feet of net floor area.
(5) 
Individual retail stores: one space for each 300 square feet of gross floor area.
(6) 
Doctor, dentist or real estate office.
(a) 
Ten spaces for the first examining room plus three spaces for each additional examining room.
(b) 
Three spaces for each real estate sales desk or cubicle.
(7) 
Other business offices, including barbershops and beauty shops, or professional offices or banks: one space for each 200 square feet of net floor area.
(8) 
Manufacturing, storage or other industrial floor area: off-street parking spaces shall be equal to 1 1/2 spaces per employee.
(9) 
Hotels and motels: one space per room plus parking required for bar, restaurant and assembly rooms.
F. 
All other principal uses not above enumerated or excepted, parking spaces: one space for each 350 square feet of net floor area.
G. 
Mixed uses. Except as otherwise provided in § 260-42, where any building or lot is occupied by two or more uses having different parking requirements, the parking requirement for each use shall be computed separately to determine the total off-street parking requirement.
A. 
Size of parking space.
(1) 
Stall minimum dimensions shall be nine feet by 19 feet, except as required for handicapped use. Handicapped stalls shall be a size as specified in applicable building code standards.
(2) 
Parallel (curbside) spaces shall be eight feet by 22 feet.
(3) 
Design regulations. Parking shall be designed in dimension in accordance with the following:
Single Unit
Overlapping Units
n
s
a
c
U
s'
'U'
90
19'  S0"
24'  0"
9'  0"
62'  0"
19'  0"
62'  0"
60
21'  0"
18'  0"
10'  5"
60'  0"
18'  9"
55'  6"
45
19'  10"
13'  0"
12'  9"
52'  8"
16'  7"
46'  2"
B. 
Gross floor area. Gross floor area shall include all areas of a building used or occupied; provided, however, that basement or cellar floor area not used for processing, servicing or sales of goods or merchandise shall not be counted as gross floor area.
C. 
Seats. In places of assembly where bench-type seats are provided or where standing patrons are served at a counter or bar, each 20 linear inches of such seating or standing space shall be considered as one seat for the purpose of determining off-street parking requirements. The seating plan for an eating or drinking establishment shall be used to determine the number of seats required for off-street parking. Where no plan is provided, the Building Inspector may determine the number of spaces needed using one space per 10 square feet of gross floor area as the unit of measurement.
D. 
Net floor area is the gross building less service areas, hallways, elevators, stairways, utility rooms, lavatories, storage and equipment rooms and the like not generally used by customers.
E. 
Fractional units. When application of the units of measurement to determine required off-street parking spaces results in fractional parking space 1/2 or more, one parking space shall be required.
A. 
Accessory uses.
(1) 
No off-street parking shall be required for uses accessory to any institutional use specified in § 260-40C or for an accessory restaurant used primarily for students, patients, tenants or employees occupying a principal building.
(2) 
In the case of accessory retail sales or restaurants, the parking requirement for either the accessory use or the principal use, whichever requirement is less, shall be reduced by 50%.
B. 
Joint facilities.
(1) 
In the case of a church and school on the same lot, the lesser parking requirement shall be waived.
(2) 
Where places of assembly specified in § 260-40D are located on the same lot with other uses, the required number of spaces for the primary use shall be the minimum required.
(3) 
Where public off-street parking facilities are available, other than off-street parking provided for a public building, the Planning Board may recommend to the Building Inspector a reduction up to 25% in the number of required off-street parking spaces for uses located on any lot within 500 feet of such public parking facility.
A. 
Location of required parking spaces.
(1) 
Location on same lot required. All required off-street parking spaces shall be provided on the same lot with the building or use they serve, except as provided in Subsection A(2), Group facilities.
(2) 
Group facilities. In any C or M District, required off-street parking spaces may be provided in group parking facilities designed to serve two or more buildings or uses on different lots, provided that:
(a) 
The total parking spaces in such group facility shall not be less than the sum of the requirements for the various uses computed separately; and
(b) 
All required parking spaces shall be not more than 500 feet from the boundary of the lot on which such building or uses are located.
B. 
Setback for all off-street parking spaces.
(1) 
In any R District:
(a) 
Access drives shall be a minimum of five feet from any property line.
(b) 
No open off-street parking space shall be permitted in a required front yard or exterior side yard, except that parking spaces may be located in such yards provided that they are situated no closer than five feet to any property line and paved with concrete or bituminous macadam and not directly in front of the principal building.
(c) 
No open off-street parking area for five or more motor vehicles or access drives for such parking areas shall be located within 10 feet of any side or rear lot line of an adjoining lot in any R District.
(2) 
In any business or manufacturing district, no open or enclosed off-street parking space shall be permitted within 25 feet of any street line or within 10 feet of any R District boundary.
C. 
Encroachment of required parking spaces prohibited. All areas counted as required off-street parking area shall be unobstructed and free of all other uses except off-street loading or unloading.
D. 
Guaranty for off-site parking spaces. In any case where required off-street parking spaces are not provided on the same lot with the building or use they serve, such off-street parking spaces shall be subject to deed, lease or contract restrictions acceptable to the Town Attorney of the Town of Cheektowaga, binding the owner, his heirs or assigns to maintain the required number of spaces available throughout the life of such use.
E. 
Additional requirements for all open off-street parking spaces. All open off-street parking spaces shall be considered as automotive use areas and shall be subject to the requirement of § 260-44 in addition to the provisions of this section.
[Amended 2-19-2014 by L.L. No. 1-2014]
Any portion of a lot used for unenclosed off-street parking or reservoir space or for open sales, service or storage areas for motor vehicles, contractor's equipment or boats shall be deemed to be an automotive use area. New automotive use areas or enlargements of existing automotive use areas shall be subject to the following requirements:
A. 
Surfacing. Every automotive use area and access driveway thereto shall be surfaced with bituminous macadam or concrete and shall be graded and drained so as to dispose of surface water accumulation as approved by the Town Engineer.
B. 
Screening. Every automotive use area, except off-street parking areas for fewer than five vehicles, shall be screened from any adjoining lot in any R District or residentially used property, including lots situated across the street, as follows. Such screening shall be maintained in good condition at all times.
(1) 
Along a street line, by a planting strip 25 feet wide; provided, however, that no shrub planting or tree foliage (with the exception of the tree trunk) shall be placed or maintained which obstructs vision at an elevation between three feet and seven feet above the street level. Such screening may be interrupted by normal entrances and exits.
(2) 
Along a rear lot or an interior side lot line which abuts an existing or future rear yard or side yard on such adjoining lots, by a solid fence or an unpierced masonry wall five feet in height and landscaping a minimum of 10 feet in depth as required on the site plan.
C. 
Access. No entrance or exit to any automotive use area shall be permitted within 30 feet of any intersecting street lines, and, except for off-street parking areas for uses permitted in any R District requiring fewer than 10 parking spaces, no entrance or exit shall be permitted within 10 feet of a lot in any R District. Access to automotive areas, except for off-street parking areas in R Districts for fewer than 10 vehicles, shall be so arranged that vehicles shall not back into a street.
A. 
Unless specifically approved for such use, no automotive use area shall be used for auto wrecking or the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles, even when covered by canvas, tarpaulins or similar material, which do not have a valid registration, properly mounted license plates and current state inspection sticker, except as provided for in § 260-33E.
B. 
The temporary use of an automotive use area which is accessory to a permitted nonresidential use for the storage of de-icing salts used in the maintenance of the accessory automotive use area is permitted between the consecutive months of November 1 through April 1, providing the following conditions are met:
[Added 2-19-2014 by L.L. No. 1-2014]
(1) 
The salt storage area is not within a required yard.
(2) 
The area is limited to a maximum volume of 40 cubic yards.
(3) 
Any retaining walls shall be temporary in nature and not exceed five feet in height.
(4) 
The storage area shall be disassembled by April 1, and the area shall be broom clean.
(5) 
All storage areas shall be provided with tarpaulin covers secured tightly and completely covering the salt storage area.