Erie County
Town of Amherst, NY: zoning for new construction
Residential lots in the Town of Amherst run from a 0.083-acre minimum in Multifamily Residential District Five up to 5 acres in Agricultural District, across 27 zoning districts in all. Short-term rentals allowed with registration. 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) 631-7080 before you rely on a figure.
Looking specifically at an accessory dwelling unit? See ADU rules for Amherst →
Zoning districts
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Rural Residential District | 3 ac | 50 / - / - ft | 35 ft | Special permit |
| Suburban Agricultural District | 1 ac | 50 / - / - ft | 35 ft | Special permit |
| Residential District One | 0.5 ac | 30 / 8 / 35 ft | 35 ft | Special permit |
| Residential District Two | 0.26 ac | 30 / 8 / 35 ft | 35 ft | Special permit |
| Residential District Three | 0.19 ac | 30 / 5 / 30 ft | 35 ft | Special permit |
| Cluster Residential District Three-A | 0.12 ac | 25 / 0 / 30 ft | 35 ft | Special permit |
| Traditional Single-Family Residential District | 0.1 ac | 25 / 5 / 25 ft | 35 ft | No |
| Residential District Four | 0.13 ac | 30 / 8 / 30 ft | 35 ft | Special permit |
| Multifamily Residential District Four-A | 0.14 ac | 25 / 5 / 20 ft | 35 ft | Special permit |
| Multifamily Residential District Five | 0.083 ac | — | 35 ft | Special permit |
| Multifamily Residential District Six | 0.14 ac | 25 / - / - ft | 35 ft | Special permit |
| Multifamily Residential District Seven | 0.14 ac | 20 / - / - ft | 65 ft | No |
| Manufactured Home Residential District Eight | 0.092 ac | 30 / 15 / 15 ft | — | No |
| Office Building District | — | 20 / 15 / 15 ft | 65 ft | No |
| Neighborhood Business District | — | 20 / 10 / 15 ft | 30 ft | No |
| General Business District | — | 20 / 10 / 15 ft | 65 ft | No |
| Commercial Service District | 1 ac | 20 / 10 / 10 ft | 40 ft | No |
| Motor Service District | — | 20 / 10 / 25 ft | 65 ft | No |
| Shopping Center District | 10 ac | 25 / 50 / 50 ft | 65 ft | No |
| Research and Development District | 1 ac | 20 / 15 / 15 ft | 65 ft | No |
| Science Technology District | 2 ac | 20 / 30 / 30 ft | 45 ft | No |
| General Industrial District | 1 ac | 20 / 15 / 15 ft | 65 ft | No |
| Agricultural District | 5 ac | 50 / 30 / 30 ft | 35 ft | Special permit |
| Traditional Neighborhood Development District | — | 0 / 15 / 15 ft | 50 ft | No |
| Live-Work District 1 | — | 25 / 5 / 25 ft | 35 ft | Special permit |
| Community Facilities District | — | 20 / 15 / 15 ft | 65 ft | No |
| Recreation Conservation District | — | 20 / 15 / 15 ft | 65 ft | No |
Rural Residential District - The three-acre minimum is stated per dwelling, not per lot. Side and rear yards are not fixed: they are never less than 30 ft where the lot adjoins a residential district, and a building over 35 ft tall must stand back three feet for every foot of its height.
- On a corner lot the exterior side yard must meet the 50 ft front-yard figure
- A through lot owes a rear yard equal to the front yard required of the lots facing the other street
- Where buildings already occupy half a block and sit further back than 50 ft, 85% of that average applies instead
- A non-residential building may reach 65 ft
- A rural cluster subdivision needs at least 15 acres with half of it kept as open space, one unit per three acres, and one-acre lots 150 ft wide
Suburban Agricultural District - The one-acre minimum is stated per dwelling, not per lot. Side and rear yards are not fixed: they are never less than 30 ft where the lot adjoins a residential district, and three feet are added for every foot of building height above 35 ft.
- A dwelling of two storeys or more must contain at least 1,200 sq ft
- On a corner lot the exterior side yard must meet the 50 ft front-yard figure
- A non-residential building may reach 65 ft
Residential District One - Eight feet is the least either side yard may be, and the two sides together must add to 20 ft, so a house cannot be pushed to one side of a narrow lot. The 21,780 sq ft minimum is stated per dwelling.
- A dwelling of more than one storey must contain at least 1,400 sq ft
- On a corner lot the exterior side yard must meet the 30 ft front-yard figure
- A through lot owes a rear yard equal to the front yard required of the lots facing the other street
Residential District Two - Eight feet is the least either side yard may be, and the two sides together must add to 20 ft. The 11,500 sq ft minimum is stated per dwelling.
- A dwelling of more than one storey must contain at least 1,400 sq ft
- On a corner lot the exterior side yard must meet the 30 ft front-yard figure
Residential District Three - A corner lot is priced higher than an interior one: 9,750 sq ft on 75 ft of width rather than 8,450 sq ft on 65 ft. The lot area is stated per dwelling.
- Five feet is the least either side yard may be, and the two sides together must add to 10 ft
- A dwelling of two storeys or more must contain at least 1,200 sq ft
- The corner-lot exterior side yard must meet the 30 ft front-yard figure
Cluster Residential District Three-A - No side yard is required at all, and spacing is controlled instead by a 10 ft minimum separation between buildings. The 5,000 sq ft minimum is stated per dwelling.
- A dwelling of two storeys or more must contain at least 1,200 sq ft
- Dwellings may be arranged in groups, in which case each group must abut a street and 30% of the site must be kept as common open space
Traditional Single-Family Residential District - A corner lot is priced higher than an interior one: 5,800 sq ft on 50 ft of width rather than 4,500 sq ft on 40 ft. The lot area is stated per dwelling.
- Five feet is the least either side yard may be, and the two sides together must add to 10 ft
- The corner-lot exterior side yard must meet the 25 ft front-yard figure
Residential District Four - Width is priced by the number of dwellings in the building: 90 ft for a two-family, 105 ft for a three-family and 120 ft for a four-family. The 5,850 sq ft minimum is stated per dwelling, so a four-family building needs 23,400 sq ft.
- Eight feet is the least either side yard may be, and the two sides together must add to 20 ft
- Minimum dwelling size rises with bedroom count, from 400 sq ft for a studio through 640, 760 and 1,000 sq ft to 1,200 sq ft for four bedrooms
Multifamily Residential District Four-A - Three different standards run here, one per development form. The figures shown are for a detached house on its own lot, where a corner lot is priced at 7,200 sq ft and 60 ft of width.
- Detached houses not on individual lots are governed by density instead: one unit per 6,000 sq ft, with buildings kept 10 ft apart and 5 ft off any lot line
- Attached dwellings need 4,300 sq ft of land each on a lot at least 120 ft wide, with 30 ft front, 40 ft rear and 40 ft side yards
- The Planning Board may reduce the side yard below five feet at plat or site-plan approval if buildings stay 10 ft apart
Multifamily Residential District Five - Land per dwelling is priced by bedroom count: 3,630 sq ft for a studio or one bedroom, 4,356 for two, 5,445 for three and 6,250 for four.
- Yards and building spacing are not fixed figures: two parallel buildings must stand apart by 1.66 times their average height
- A building whose longer wall faces a lot line must stand back twice its own height, and never closer than 36 ft to a street line
- Attached dwellings may alternatively be built to the R-4 district standards
- Minimum dwelling size rises with bedroom count, from 400 sq ft for a studio to 1,200 sq ft for four bedrooms
Multifamily Residential District Six - Three different standards run here, one per development form. The figures shown are for a detached house on its own lot, where a corner lot is priced at 7,200 sq ft and 60 ft of width.
- That detached house's side and rear yards are never less than 30 ft against a residential district, with three feet added for every foot of building height above 35 ft
- Detached houses not on individual lots are governed by density instead: one unit per 6,000 sq ft, capped at eight units on any one lot, with buildings 10 ft apart and 5 ft off a lot line
- Attached dwellings are the densest form here: 2,562 sq ft of land for a studio or one bedroom rising to 4,356 sq ft for four bedrooms, on a lot at least 200 ft wide
- For attached dwellings the height limit rises to 65 ft
Multifamily Residential District Seven - The front setback is height-linked: 20 ft for the first 35 ft of building height and 30 ft for any part of the building above that. A corner lot must be 60 ft wide rather than 50 ft.
- Side spacing is stated building to building at 10 ft
- The rear yard and the distance to a lot line are never less than 30 ft against a residential district, with three feet added for every foot of building height above 35 ft
- Attached dwellings are sized differently: 725 sq ft of land for a studio or one bedroom and 1,000 sq ft for two or more, on a lot at least 100 ft wide, with 30 ft between buildings
- A dwelling of two storeys or more must contain at least 1,200 sq ft
Manufactured Home Residential District Eight - The figures shown are for a lot inside the park. The park itself must be at least 10 acres, hold at least 50 lots, be at least 100 ft wide, keep 8% of its gross area as recreation land and hold every structure 25 ft back from the park boundary.
- The front yard is 30 ft on a public street and 25 ft on a private one
- Homes must stand 20 ft apart
Office Building District - The 15 ft side and rear yards apply against another non-residential lot and rise to 25 ft once the building reaches 30 ft; against a residential district they are never less than 30 ft, with three feet added for every foot of height above 35 ft.
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- The district sets no minimum lot area and no minimum lot width
- Buildings on the same site must stand 30 ft apart
Neighborhood Business District - The one-acre figure this district publishes is a maximum lot area, not a minimum: a lot here may not exceed an acre, and there is no floor.
- The front setback is 20 ft for the first two storeys and 30 ft for anything above
- The side and rear yards shown apply against another non-residential lot; against a residential district the rear yard is 30 ft and the side yard 15 ft
- A side yard may be nothing at all where the building sits on the lot line, but must be at least 10 ft if it does not
General Business District - The 10 ft side and 15 ft rear yards apply against another non-residential lot and rise to 25 ft once the building reaches 30 ft; against a residential district they are never less than 30 ft, with three feet added for every foot of height above 35 ft.
- A side yard may be nothing at all where the building sits on the lot line, but must be at least 10 ft if it does not
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- The district sets no minimum lot area and no minimum lot width
Commercial Service District - The 10 ft side and rear yards apply against another non-residential lot; against a residential district both rise to 50 ft.
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
Motor Service District - The side and rear yards shown apply against another non-residential lot; against a residential district they are never less than 30 ft, with three feet added for every foot of building height above 35 ft.
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- The district sets no minimum lot area; the site standards for motor service uses are set at § 6-4-12 instead
- Buildings on the same site must stand 30 ft apart
Shopping Center District - The 50 ft side and rear yards apply against another non-residential lot; against a residential district they are never less than 30 ft, with three feet added for every foot of building height above 35 ft.
- The front setback is 25 ft for the first 35 ft of building height and 30 ft above that
- The district sets no minimum lot width
- Buildings on the same site must stand 30 ft apart
Research and Development District - A Research and Development district must cover at least 10 acres, and a lot within it must be at least one acre.
- The 15 ft side and rear yards apply against another non-residential lot, and rise to 25 ft once the building reaches 30 ft
- Against a residential district the side and rear yards are never less than 30 ft, with three feet added for every foot of building height above 35 ft
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- Buildings on the same site must stand 30 ft apart
Science Technology District - A Science Technology district must cover at least 10 acres, and a lot within it must be at least two acres.
- The 30 ft side and rear yards apply against another non-residential lot and rise to 40 ft once the building reaches 30 ft
- Against a residential district the side and rear yards are 50 ft, rising to 75 ft once the building reaches 30 ft
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- Buildings on the same site must stand 30 ft apart
General Industrial District - The 15 ft side and rear yards apply against another non-residential lot and rise to 25 ft once the building reaches 30 ft; against a residential district they are never less than 30 ft, with three feet added for every foot of height above 35 ft.
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- Buildings on the same site must stand 30 ft apart
Agricultural District - Five acres is both the minimum lot area and the land required per dwelling, so a second house needs a second five acres.
- Side and rear yards are never less than 30 ft against a residential district, with three feet added for every foot of building height above 35 ft
- The 15% coverage cap applies to residential use only
- A non-residential building may reach 65 ft
Traditional Neighborhood Development District - This district works the opposite way round: there is no minimum front setback and instead a maximum of six feet, so a building must be built out to the street rather than back from it. There is a minimum height of 26 ft as well.
- A Traditional Neighborhood Development district must cover at least 40 acres
- The 15 ft side and rear yards apply where the lot abuts a residential district; against another non-residential lot no yard is required at all
- Parking and other vehicle areas stand back 25 ft from a residential district and 15 ft otherwise
- Buildings inside the site need no separation
Live-Work District 1 - The side and rear yards shown are the same whether or not the lot abuts a residential district, but parking and other vehicle areas stand back 15 ft from a residential district and 5 ft from the street.
- A detached dwelling of two storeys or more must contain at least 1,200 sq ft
- An attached dwelling is sized by bedroom count instead, from 400 sq ft for a studio through 640, 760 and 1,000 sq ft to 1,200 sq ft for four bedrooms
- The corner-lot exterior side yard must meet the 25 ft front-yard figure
Community Facilities District - The 15 ft side and rear yards apply against another non-residential lot; against a residential district they are never less than 30 ft, with three feet added for every foot of building height above 35 ft.
- The district sets no minimum lot area and no minimum lot width
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- Parking and other vehicle areas stand back 10 ft from a residential district and 5 ft otherwise
Recreation Conservation District - The 15 ft side and rear yards apply against another non-residential lot; against a residential district both rise to 50 ft.
- The district sets no minimum lot area and no minimum lot width
- The front setback is 20 ft for the first 35 ft of building height and 30 ft above that
- Parking and other vehicle areas stand back 25 ft from a residential district and 5 ft otherwise
Short-term rentals
Short-term rentals allowed with registration. Letting a dwelling unit short term requires a short-term rental registration certificate of its own from the town, obtained before the unit is let.
Conditions the code attaches:
- The requirement sits in Chapter 44, Rental Unit Registration, at § 44-3, not in the zoning chapter
- The state's 2025 short-term rental registry, Ch. 99 of the Laws of 2025, requires every host to register the unit as well
- Confirm with the town at (716) 631-7080 before listing
Good to know
- UtilityNational Grid territory.
- Zoning codeTown of Amherst Zoning, Chapter 203, the per-district dimensional schedules in Parts 3, 4 and 5 (§§ 3-2 to 3-14, 4-2 to 4-11 and 5-1 to 5-9)
- Building dept(716) 631-7080
- Last reviewed2026-09-10
Working out a budget? A standard-finish build here runs $204–$268/sq ft , and a conforming lot adds about $3,901 on top - see the full cost to build a house in Amherst, or what an ADU costs here.
Sizing up a specific parcel in Amherst?
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 Amherst are compiled from the municipal code (last reviewed 2026-09-10) 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) 631-7080 before relying on any number. Source: the Offsite / Aldo zoning dataset.