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Cheektowaga, NY Home Business: Zoning & Home Occupation Permits (2026)

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

Key Facts

Governing sections
Cheektowaga Code § 260-28D, E
Permit
Temporary, max 2 years, Board of Appeals
Floor area cap
15% of ground floor area
Employees
1 non-resident employee max
Business hours
9:00 a.m. to 5:00 p.m.
Clients/animals
Not permitted at the residence

Summary

Cheektowaga requires a temporary, two-year Board of Appeals permit for a home-based business in the R District, capping it at 15% of the home's ground floor area, one non-resident employee, and business hours of 9 a.m. to 5 p.m.

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... 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. (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.

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

Section 260-28D requires a temporary permit for any home-based business in the R District, valid for a maximum of two years and issued by the Board of Appeals only after a public hearing advertised under Town Law § 267-a, Subdivision 7, and the procedures of § 260-78. Section 260-28E defines a home-based business as using part of a dwelling for a business that is "not clerical in nature" and involves "assembling or treatment of articles or merchandise for exchange off the premises," distinguishing it from a purely clerical home office, which is separately allowed as of right under § 260-88's home-office definition without a special permit.

The home-based business must stay clearly incidental and subordinate to residential use, capped at 15% of the ground floor area of the principal structure, may be located within the principal or an accessory structure, and can employ only one person who is not a resident occupant. m. Clients and animals cannot be received at the residence, all activity and storage must occur inside a fully enclosed building, and deliveries must arrive via the applicant's own personal vehicle since commercial deliveries to the residence are barred. The Board of Appeals may impose additional reasonable conditions to safeguard public health, welfare, safety, comfort and convenience under § 260-28E(6).

Violations & Fines

Operating a home-based business without the temporary permit, exceeding the 15% floor-area cap, running outside 9 a.m.-5 p.m. hours, or receiving clients at the residence violates Chapter 260 under § 260-72A: $50-$350 (up to 15 days jail) for a first offense, $350-$700 for a second within five years, and $700-$1,000 for a third, with each week of continued violation a separate offense.

Frequently Asked Questions

Do I need a permit to run a home-based business in Cheektowaga?
Yes. Section 260-28D requires a temporary permit from the Board of Appeals, valid for up to two years, issued only after a public hearing under § 260-78. A purely clerical home office is treated differently and does not need this special permit.
How much of my house can a home-based business occupy?
No more than 15% of the ground floor area of the principal structure, per § 260-28E(1). The business can be located in either the principal structure or an accessory structure.
What hours can a home-based business operate in Cheektowaga?
Business hours are restricted to 9:00 a.m. to 5:00 p.m. under § 260-28E(3), and the business cannot produce offensive odors, noise, vibration, heat, glare or dust during those hours.
Can customers visit a home-based business?
No. Section 260-28E(4) prohibits a home-based business from receiving clients or animals at the residence, so all customer contact has to happen off-site.

Sources & Official References

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