ADU · Erie County
Can you build an ADU in Cheektowaga, NY?
Town of Cheektowaga has 13 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Cheektowaga code says
An accessory dwelling unit is not permitted in R, RS, RA, RSC or RMH. In R, a second unit means a two-family dwelling, which is allowed by right only in one part of the town and needs a Zoning Board of Appeals special permit outside it.
Conditions the code attaches:
- The by-right two-family area in R is bounded by Como Park Boulevard, Union Road, Slate Bottom Creek, Transit Road, Zurbrick Road, the Village of Depew south boundary, Rowley Road and Indian Road
- A two-family lot in R needs 10,200 sq ft interior or 11,400 sq ft on a corner
- RA permits only multifamily dwellings, dwelling groups, townhouses, condominiums or garden apartments, up to 12 units per gross acre
- RSC permits only a senior citizen housing complex for persons 62 and over or handicapped persons below 62
- RMH permits only mobile homes in a park of at least 20 acres and 50 lots
What the Cheektowaga code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| 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
ADUs vs. short-term rentals in Cheektowaga
Short-term rentals allowed with local rules for Town of Cheektowaga. 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. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.11–0.28 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Zoning codeecode360.com/8758901
- Building dept(716) 686-3470
ADU FAQ — Cheektowaga, NY
Are ADUs allowed in Cheektowaga, NY?
Town of Cheektowaga has 13 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (716) 686-3470.
Do I need a special permit for an ADU in Cheektowaga?
No. No district in Town of Cheektowaga permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (716) 686-3470 before ruling it out.
Can I use an ADU as a short-term rental in Cheektowaga?
Short-term rentals allowed with local rules for Town of Cheektowaga. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Cheektowaga
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $200k–260k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Cheektowaga, priced by size.
How we know this
- Sections analyzed
- § 260-88 (auxiliary housing unit) · §§ 260-23 through 260-27 · §§ 260-30 through 260-34 · § 260-13
- Districts confirmed
- 13 of 13 — every mapped district.
- Last reviewed
- Not covered here
- Overlay districts, the zoning map, and any conditions attached to an individual parcel. Size limits and owner-occupancy terms sit in the code section above, not in this summary.
More on Cheektowaga: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Erie County · All Erie County towns
ADU information for Town of Cheektowaga is compiled from the municipal code (last reviewed 2026-08-21) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (716) 686-3470 before relying on any answer. Source: the Offsite / Aldo zoning dataset.