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Cheektowaga, NY Building Setbacks & Zoning: Setback Rules (2026)

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

Key Facts

Governing section
Cheektowaga Code § 260-23C (R District)
Front yard
25 feet minimum
Side yard
10% of lot width, up to 10 ft each
Rear yard
25% of lot depth, min 25 feet
RS District comparison
35 ft front / 40 ft rear (§260-24D)

Summary

In Cheektowaga's R Residence District, a single- or two-family home needs a 25-foot front yard, side yards equal to 10% of lot width (up to 10 feet each), and a rear yard equal to 25% of lot depth but never less than 25 feet.

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. ... (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.

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 260-23C sets the required open space for the R Residence District. The front yard minimum is 25 feet (§260-23C(1)). For side yards, a single- or two-family dwelling's side yard must equal 10% of the lot width but need not exceed 10 feet, and the combined width of both side yards must equal 25% of lot width but need not exceed 25 feet (§260-23C(2)(a)); other principal buildings need 30 feet per side yard, or the building's height, whichever is greater, dropping to 15 feet where the side yard abuts a nonresidential lot.

The rear yard must equal 25% of lot depth but never less than 25 feet, or the building's height if that is greater (§260-23C(3)). Other districts carry different numbers: the RS Single Residential District requires a 35-foot front yard, 10-foot side yards (25 feet combined) and a 40-foot rear yard under § 260-24D, and the RA Apartment District uses a 25-foot front yard from a public right-of-way (30 feet from a private road) under § 260-25C. Town-wide supplemental rules in § 260-28A adjust these figures further: on a partially built-up block where 50% or more of the street frontage already has buildings, the required front yard drops to the average setback of the existing homes on that side of the street, and unenclosed porches may project up to 7 feet into the required front yard so long as they stay at least 18 feet from the front property line.

Violations & Fines

Building or maintaining a structure that intrudes into a required yard violates Chapter 260 and is punishable under § 260-72A: $50-$350 (up to 15 days jail) for a first offense, $350-$700 for a second offense within five years, and $700-$1,000 for a third, with each week of continued violation treated as a new offense. The Building Inspector may also order the condition remedied under § 260-71.

Frequently Asked Questions

How far must a house sit from the front property line in Cheektowaga?
In the R Residence District, 25 feet under § 260-23C(1). The RS Single Residential District requires 35 feet instead, so the number depends on which residential zoning district the lot is in.
What are the side yard requirements for a Cheektowaga home?
For a single- or two-family dwelling in the R District, each side yard must equal 10% of the lot width but never more than 10 feet, with both side yards combined equaling 25% of lot width up to a 25-foot total, per § 260-23C(2)(a).
Can my front setback shrink if my neighbors' homes are already built closer to the street?
Yes. Section 260-28A(1) allows the required front yard to match the average setback of existing homes on a block face once 50% or more of that frontage is already built up.

Sources & Official References

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