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Cheektowaga, NY Building Setbacks & Zoning: Structure Height Limits (2026)

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

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 260-23D, "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?
Up to 30 feet under § 260-23D(1), which applies to both single- and two-family dwellings in the R Residence District. Accessory buildings on the same lot are held to a separate, lower limit of one story and 12 feet under D(3).
Is the height limit the same in every residential district?
No. The RS Single Residential District allows two stories not to exceed 35 feet under § 260-24E(1), five feet taller than the R District's 30-foot cap for dwellings, reflecting RS's lower-density, larger-lot requirements.
Can a chimney or antenna go above the height limit?
Yes, within limits. Section 260-58A(1) and (3) exempt chimneys, flues, spires and belfries entirely, and let roof-mounted flagpoles, antennas, masts or aerials extend up to 20 feet above the roof's highest point without counting toward the district height cap.

Sources & Official References

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