Cheektowaga, NY Building Setbacks & Zoning: Structure Height Limits (2026)
Key Facts
- R District, single/two-family dwelling max
- 30 feet
- R District, accessory building max
- One story, 12 feet
- RS District dwelling max
- Two stories, 35 feet
- Governing section
- Cheektowaga Code § 260-23D
- Roof equipment exception cap
- 10% of roof area, § 260-58A(2)
- Variance authority
- Board of Appeals, § 260-76
Summary
In the R Residence District, Town Code § 260-23D limits single- and two-family dwellings to 30 feet in height, with accessory buildings held to one story and 12 feet, while other principal buildings are governed by the side-yard requirements instead of a flat number.
D. Maximum height of buildings. Unless otherwise provided, the maximum permitted height of buildings shall be as specified in this section. (1) Single- or two-family dwellings: 30 feet. (2) Other principal buildings: as regulated by side yard requirements [see Subsection C(2) above]. (3) Accessory buildings: one story not to exceed 12 feet.
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 260-23D, "Maximum height of buildings," governs the Town's basic R Residence District and sets three tiers: single- or two-family dwellings are capped at 30 feet (D(1)); other principal buildings follow the side-yard requirement in § 260-23C(2) rather than a stated foot limit (D(2)); and accessory buildings are limited to one story, not to exceed 12 feet (D(3)). That side-yard cross-reference matters because § 260-23C(2)(b) ties a nonresidential principal building's side yard to 30 feet or the building's own height, whichever is greater, so a taller building effectively must set back further rather than being flatly barred.
The Town's lower-density RS Single Residential District allows slightly more height, permitting two stories not to exceed 35 feet under § 260-24E(1), showing the height ceiling moves with the district's density and lot-size requirements. Supplemental exceptions in § 260-58A let chimneys, flues, spires, belfries, elevator or stair bulkheads, and roof water tanks or cooling towers exceed these limits outright, and let flagpoles, antennas, masts or aerials extend up to 20 feet above a building's roof, provided bulkhead-type structures in aggregate don't cover more than 10% of the roof area.
Violations & Fines
Constructing a single- or two-family dwelling above the 30-foot cap in an R District, or an accessory building exceeding one story or 12 feet, violates Chapter 260 and is punishable under § 260-72A: $50 to $350 for a first offense, $350 to $700 for a second within five years, and $700 to $1,000 for a third within five years, with each week of continued violation a separate offense. A property owner seeking relief may apply to the Board of Appeals for an area variance under § 260-76.
Frequently Asked Questions
How tall can a single-family house be in Cheektowaga's R District?
Is the height limit the same in every residential district?
Can a chimney or antenna go above the height limit?
Sources & Official References
Other rules in Cheektowaga
New York rules heatmap·Compare Cheektowaga to another location·View the New York building setbacks & zoning overview
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