Cheektowaga, NY Special Events & Permits: Sidewalk Dining & Cafés (2026)
Key Facts
- Permitted zoning district
- C Retail Business District only
- Max exterior seating
- 26% of interior seating capacity
- Ice cream shop, no interior seats
- Max 10 exterior seats
- Hours near residential (within 500 ft)
- 7:00 a.m. to 11:00 p.m.
- Residential-facing visual barrier
- Minimum 6 feet high
- Furniture storage window
- Off patio Nov. 1 - Apr. 1
- Approval required
- Town site plan approval, § 260-48.1F
Summary
Cheektowaga only allows accessory outdoor dining in the C Retail Business District, and only after site plan approval. Section 260-48.1 caps seating at 26% of a restaurant's interior capacity, bars standing or bar service outside, and limits hours to 7 a.m.-11 p.m. within 500 feet of housing.
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. ... D.(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.
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
1A limits exterior dining to restaurants, cafes, coffee shops, ice cream shops and similar food-service uses in the C Retail Business Zoning District, and only for seated accessory dining, not standing-room gathering or entertainment areas. 1B, exterior dining can't exceed 26% of the interior seating capacity shown on the approved building permit floor plan; an ice cream shop with no interior seating may still add up to 10 exterior seats, but any other use without interior seating cannot establish outdoor dining in the C District at all.
1C keep the patio within 20 feet of a required front or exterior side yard (no closer than five feet to a road right-of-way on a traditional neighborhood commercial corridor), forbid encroaching a required interior side or rear yard, and require a six-foot visual barrier of fencing or vegetation where the area faces a residential use or district. 1D bars live entertainment and any exterior bar area, ties amplified music to the Town's noise ordinance limits (Ch. when the dining area sits within 500 feet of an existing residential use or zoning district. 1F.
Violations & Fines
Operating an exterior dining area without the required Town of Cheektowaga site plan approval, exceeding the 26%-of-capacity seating cap, or running past the 7 a.m.-11 p.m. window near residential uses violates Chapter 260 and is punishable under § 260-72A: $50 to $350 for a first offense rising to $700 to $1,000 for a third offense within five years, with each week of continued violation a separate offense.
Frequently Asked Questions
Can a restaurant outside the C District add a sidewalk patio?
Is there a bar allowed on a Cheektowaga outdoor patio?
What has to happen to outdoor furniture in winter?
Sources & Official References
Other rules in Cheektowaga
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