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Cheektowaga, NY Cannabis Regulations: Buffer Zones (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
Local Law No. 1-2025, Chapter 80
School/worship/youth buffer
1,000 feet, same road
Residential buffer
Cannot abut residential property
Outdoor consumption buffer
50 feet from public thoroughfare
Denial ground
Proximity to park/community facility

Summary

Cheektowaga bars cannabis establishments within 1,000 feet, on the same road, of a house of worship, school, or public youth facility entrance. Establishments also cannot be located in or abut residentially zoned property, sharply narrowing where a dispensary can operate.

I. No establishment may be located on the same road and within 1,000 feet of the entrance of a building used as a house of worship. J. No establishment may be located on the same road and within 1,000 feet of the entrance of a building used as a school. K. No establishment may be located on the same road and within 1,000 feet of the entrance of grounds used as a public youth facility. L. An adult-use on-site consumption operation that has outdoor space and allows smoking and/or vaping shall be 50 feet from an adjacent public thoroughfare. ... N. No establishment may be located or operate in any area zoned or used for residential use. O. No establishment may abut any residentially zoned or used property.

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4996449; v35 updated 2026-05-26; through 05-26-2026).

Full Breakdown

Chapter 80's location standards, adopted by Local Law No. 1-2025, go well beyond a simple setback. Section 80-4I, J, and K each bar an establishment from being located on the same road and within 1,000 feet of the entrance of a building used as a house of worship, a school, or grounds used as a public youth facility, respectively, applying that buffer separately to each type of protected use. On top of the distance rule, § 80-4N and O prohibit any establishment from being located or operating in an area zoned or used for residential use, or from abutting a residentially zoned or used property at all, meaning a site can fail the location test even outside the 1,000-foot radius if it borders a house lot.

Outdoor consumption areas carry a further buffer: § 80-4L requires an adult-use on-site consumption operation with outdoor smoking or vaping space to sit at least 50 feet from an adjacent public thoroughfare, and § 80-4M requires compliance with the Clean Indoor Air Act's smoke and odor controls under Public Health Law Article 13-E. Section 80-4P separately requires odors from any establishment to be controlled so they do not reach adjoining properties. When the Town Board reviews a special use permit application, § 80-5C lists proximity to a school, place of worship, public park, or other community facility as an independent ground for denial if the location is more likely than not to negatively impact the neighborhood, giving the Board discretion beyond the fixed 1,000-foot line. These buffers apply Town-wide outside the Villages of Sloan and Depew, which run their own separate codes.

Violations & Fines

Locating or operating an establishment inside a protected buffer or on residentially zoned/abutting land is a permit-denial ground under § 80-5 and, if discovered after licensing, grounds for revocation under § 80-4B and § 80-8. A court finding of a chapter violation can impose a civil penalty of up to $1,000 per day under § 80-9A, plus the Town's attorneys' fees and costs, which attach as a lien on the property.

Frequently Asked Questions

How far must a Cheektowaga cannabis dispensary be from a school?
At least 1,000 feet, measured along the same road from the school entrance, under § 80-4J of the Town Code. The same 1,000-foot, same-road rule applies separately to houses of worship (§ 80-4I) and public youth facilities (§ 80-4K).
Can a dispensary be next to a house zoned residential?
No. Section 80-4O bars any cannabis establishment from abutting residentially zoned or used property, and § 80-4N separately bars locating or operating in a residentially zoned or used area, regardless of distance from any specific protected use.
Are outdoor cannabis consumption areas restricted near streets?
Yes. Section 80-4L requires an adult-use on-site consumption operation with outdoor smoking or vaping space to be set back at least 50 feet from an adjacent public thoroughfare, on top of the chapter's other locational and odor-control rules.

Sources & Official References

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