Erie County
Town of Cheektowaga, NY: zoning for new construction
Residential lots in the Town of Cheektowaga run from a 0.11-acre minimum in RMH Residential Mobile Home District up to 0.28 acres in RA Apartment District, across 13 zoning districts in all. Short-term rentals allowed with local rules. Power here is National Grid territory. The district table below has the setbacks, height limits and coverage - confirm the specifics with the building department at (716) 686-3470 before you rely on a figure.
Looking specifically at an accessory dwelling unit? See ADU rules for Cheektowaga →
Zoning districts
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| R Residence District | 0.17 ac | 25 / 10 / 25 ft | 30 ft | No |
| RS Single Residential District | 0.25 ac | 35 / 10 / 40 ft | 35 ft | No |
| RA Apartment District | 0.28 ac | 25 / 15 / 25 ft | 35 ft | No |
| RSC Senior Citizen Housing District | — | 50 / 20 / 25 ft | 50 ft | No |
| RMH Residential Mobile Home District | 0.11 ac | 15 / - / - ft | — | No |
| NS Neighborhood Services District | — | 50 / 5 / 5 ft | 30 ft | No |
| C Retail Business District | — | 50 / 10 / 10 ft | 30 ft | No |
| CM General Commercial District | — | 50 / 10 / 10 ft | 40 ft | No |
| MS Motor Service District | — | 50 / 10 / 25 ft | 40 ft | No |
| CF Community Facilities District | — | 50 / 15 / 15 ft | 65 ft | No |
| M1 Light Manufacturing District | — | 50 / 10 / 10 ft | 50 ft | No |
| M2 General Manufacturing District | 1 ac | 50 / 15 / 15 ft | 65 ft | No |
| AG Special Aggregates District | — | 200 / 200 / 200 ft | — | No |
R Residence District - The side and rear yards are percentages of the lot rather than the fixed figures shown, which are the caps: each side yard is 10% of the lot width and the two together 25% of it, so on a narrow lot both are smaller than shown.
- The rear yard is 25% of the lot depth and never less than 25 ft or the height of the principal building, so a 30 ft house owes a 30 ft rear yard
- A corner lot takes more land than an interior one: 10,200 sq ft on 85 ft of width
- Two principal buildings on one lot must stand 30 ft apart, or the average height of their facing walls if that is greater
- The 900 sq ft minimum livable ground floor area drops to 800 sq ft where the dwelling has an integral garage and livable floor space above the ground floor
- Accessory buildings are held to one storey and 12 ft
- No lot coverage or impervious standard is published here, and bulk is controlled through the yards, the height and the off-street parking requirement instead
RS Single Residential District - A second coverage cap covers accessory structures: 40% of the lot including the area under the principal structure, so accessory buildings buy the extra five points and no more.
- A corner lot takes 12,825 sq ft on 95 ft of width against the interior figures shown
- Accessory structures must stand 4 ft from any lot line and 10 ft from another structure, and may be no more than 12 ft high
- Minimum floor area is 1,200 sq ft for a one-storey dwelling and 1,400 sq ft for anything taller
- Height is two storeys as well as 35 ft
- The district's stated intent is low-density single-family detached development at roughly three dwelling units per gross acre, each on its own lot of at least 10,800 sq ft
RA Apartment District - The lot area is a base plus a per-unit rate: 12,000 sq ft for three dwelling units plus 3,500 sq ft for each additional unit above three, under a hard cap of 12 dwelling units per gross acre.
- The 150 ft frontage is for a standalone structure, which needs 150 ft abutting a dedicated street
- A structure within a development need not abut a street if the parcel has 100 ft of frontage on a dedicated street and the primary private drive is at least 28 ft wide
- The front yard is 25 ft from a public right-of-way but 30 ft from the pavement edge or curb of a private road, and the side yard 20 ft from a public right-of-way but 25 ft from a private road
- The side yard shown is the principal-building figure, 15 ft or half the height of the building, whichever is greater, and an accessory building owes 10 ft to a property line
- The rear yard is 25% of the lot depth and never less than 25 ft or the height of the principal building
- No building permit issues until the Town Board approves a site plan on the Planning Board's recommendation
RSC Senior Citizen Housing District - The district states no lot area and is sized by units instead: 1,000 sq ft per unit for a unit of one bedroom or less, and 1,500 sq ft per unit for two bedrooms or more.
- Occupancy is restricted to persons 62 or older, to a household where one or two persons is 62 or more, or to handicapped persons under 62 able to live without special medical or supervisory care
- The rear yard is 25 ft or half the height of the principal building, whichever is greater, and an accessory building owes 15 ft or half the height
- Two principal buildings must stand 30 ft apart, or the average height of their facing walls
- A fire lane at least 16 ft wide must ring the building for emergency vehicles, with parking barred on it and between it and the building
- At least 100 sq ft per unit must be set aside as social or recreational open space
- The developer must file a notarised affidavit that any future reuse for anything other than senior housing needs Town Board approval
RMH Residential Mobile Home District - The figures shown are for an individual mobile home lot. The park itself has a much larger entry threshold: a site of at least 20 acres with at least 50 mobile home lots fully serviced and available before initial occupancy, on a site width of at least 100 ft.
- At least 8% of the gross site must be recreation area
- Any structure must stand 25 ft from the park boundary, with fences, walls or plantings as boundary screening
- The front yard shown is measured from the right-of-way of a dedicated street; from a private street it is 25 ft from the pavement edge or curbline
- Principal structures must stand 20 ft apart
- A park office and small convenience retail serving residents are capped at 30 sq ft per lot in the park, up to 3,000 sq ft
- Density across the park may not exceed roughly eight units per gross acre
NS Neighborhood Services District - No minimum lot area is stated for this district, and the side and rear figures shown are the ones that apply where the lot abuts a nonresidential district. Abutting a residential district each becomes 10 ft.
- All uses except signs, landscaping and off-street parking, loading and stacking must be inside completely enclosed structures, so outdoor display and drive-through service are ruled out
- Parking, loading and stacking areas must sit 10 ft from any lot line and driveways 5 ft, and on a shallow lot that pavement rule binds first
- No coverage percentage is published: coverage is whatever the uses, yards, off-street parking, loading and stacking and landscaping leave over
- Site plan review by the Planning Board is required for all development, for any addition over 350 sq ft, and for any change of use
C Retail Business District - No minimum lot area is stated as a number: it is whatever is required to meet the parking and yard requirements, so size the parking first and the lot second.
- Two side yards are required at 10 ft each, but a side yard abutting a residential district boundary must be at least 20 ft or the height of the principal building, whichever is greater
- The rear yard follows the side-yard rule where it abuts a residential district
- A side yard used for one-way vehicular access must be at least 18 ft wide with a 12 ft driveway
- A side yard used for two-way access must be at least 30 ft wide with a driveway no wider than 24 ft
- No coverage percentage is stated
- Site plan review is required under § 260-29
CM General Commercial District - No lot size standard of any kind is stated, neither a minimum width nor a minimum area, so what sizes a lot here is the yard requirements plus the off-street parking requirement.
- The side and rear figures shown apply where the lot abuts a nonresidential district. Abutting a residential district each becomes 20 ft or the height of the principal building, whichever is greater
- Height and setback are coupled there: at the 40 ft ceiling that is a 40 ft side and rear yard, so on a shallow lot the full height is not reachable
- No coverage percentage is stated
- Site plan review is required under § 260-29
MS Motor Service District - The 10 ft side yard and the 25 ft rear yard apply where the lot abuts a nonresidential district. Abutting a residential district, each becomes 50 ft.
- A motor vehicle or trailer sale or rental use requires a lot of at least 1/2 acre
- Where more than one building sits on the lot they must stand 30 ft apart
- Parking, loading and stacking areas must be 10 ft from any lot line, except along a street line
- Fuel pumps and pump islands may sit in any yard abutting a street right-of-way, and in any other yard not abutting a residential district, at least 20 ft from any lot line and 10 ft from a building
CF Community Facilities District - Lot size here is a performance standard with no number: the parcel need only be adequate for the buildings, off-street parking, loading and stacking, landscaping, accessory uses, yards and open spaces.
- The side setback shown applies where the lot abuts a nonresidential district; abutting a residential district it is 25 ft
- The rear yard jumps further than the side: 15 ft abutting a nonresidential district but 50 ft abutting a residential one
- Parking and loading setbacks are separate and smaller: 15 ft from a dedicated street right-of-way, 5 ft from side and rear yards abutting nonresidential, 10 ft abutting residential
- A mausoleum must stand at least 200 ft from any adjoining residence district
- Any new cemetery must contain a single contiguous area of 20 acres or more
- No coverage percentage is stated
M1 Light Manufacturing District - No lot size standard is stated, neither width nor area. Side yards run 10 ft abutting a nonresidential district, 50 ft abutting a residential district and 20 ft abutting an existing residential use.
- Rear yards run 10 ft abutting a nonresidential district, 60 ft abutting a residential district and 20 ft abutting an existing residential use
- The article's stated intent is manufacturing, processing and warehousing involving truck traffic, noise and extensive outdoor storage, sited away from residential areas
- No coverage percentage is stated
- Site plan submission is required under § 260-35
M2 General Manufacturing District - The side and rear figures shown apply where the lot abuts a nonresidential district. Abutting a residential district each becomes 50 ft.
- Where more than one building sits on the lot they must stand 30 ft apart
- Parking and loading setbacks apply to pavement rather than buildings: 10 ft at the side and rear abutting nonresidential, 50 ft abutting residential, and 25 ft from a dedicated street right-of-way
- No coverage percentage is published: coverage is whatever the uses, yards, off-street parking, loading and stacking and landscaping leave over
AG Special Aggregates District - This district has one dimensional rule, and it binds an excavation exactly as it binds a building: nothing may stand within 200 ft of a public right-of-way or an adjacent property line.
- It is one perimeter rather than three yards, which is why the front, side and rear figures are identical
- A 200 ft perimeter consumes about 4.6 acres of a ten-acre square parcel, so the usable yield is far below the gross area
- No lot size, width, height or coverage standard is stated anywhere in this district
- Site plan submission is required under § 260-35
Short-term rentals
Short-term rentals allowed with local rules. Renting a home short term needs a town permit or license under Ch. 201, Short-Term Rentals, adopted 11-25-2025 by L.L. No. 5-2025.
Conditions the code attaches:
- § 201-7 sets the operating standards and § 201-6 lists prohibited practices
- § 201-5 requires compliance with town, county and state law
- New York State's 2025 short-term rental registry, Ch. 99 of the Laws of 2025, requires every host to register the unit regardless of local law
- Confirm with the town at (716) 686-3470 before listing
Good to know
- UtilityNational Grid territory.
- Zoning codeTown of Cheektowaga Zoning, Ch. 260, Articles II, III and IV
- Building dept(716) 686-3470
- Last reviewed2026-08-21
Working out a budget? A standard-finish build here runs $204–$268/sq ft , and a conforming lot adds about $11,225 on top - see the full cost to build a house in Cheektowaga, or what an ADU costs here.
Sizing up a specific parcel in Cheektowaga?
Aldo pulls the exact zoning district, setbacks, and build feasibility for any parcel — before you buy. Enter your email to open Aldo and run your free report.
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Zoning figures for Town of Cheektowaga are compiled from the municipal code (last reviewed 2026-08-21) and provided for decision-support only - not legal, engineering, or architectural advice. Setback and dimensional standards often carry conditions and exceptions; verify with the building department at (716) 686-3470 before relying on any number. Source: the Offsite / Aldo zoning dataset.