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ADU · Erie County

Can you build an ADU in Aurora, NY?

Town of Aurora has 8 districts. 7 districts allow ADUs with occupancy restrictions, 1 does not. Check your address to confirm the district that applies to your parcel:

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What the Aurora code says

Aurora allows an in-law apartment inside a single-family house wherever a house is permitted, with no board approval. It is family housing: only a relative of the owner may live in it, and it cannot be rented.

Conditions the code attaches:

What the Aurora 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
R1 Single-Family Residential District 0.75 ac 75 / 20 / 50 ft 35 ft Occupancy restricted
R2 Residential District 0.75 ac 50 / 12.5 / 40 ft 35 ft Occupancy restricted
R3 Residential District 0.75 ac 50 / 12.5 / 40 ft 35 ft Occupancy restricted
Rural Residential District 0.75 ac 75 / 20 / 50 ft 35 ft Occupancy restricted
Agriculture District 3 ac 75 / 40 / 100 ft 35 ft Occupancy restricted
Commercial District 0.75 ac 50 / 30 / 45 ft 35 ft Occupancy restricted
Commercial District 0.75 ac 50 / 30 / 45 ft 35 ft Occupancy restricted
Commercial District 0.75 ac 50 / 40 / 60 ft 35 ft No

Rural Residential District - The 75 ft front yard is contextual as well as fixed: where a fifth or more of the lots in the same block, on the same side of the street and within 1,000 ft are already built on, the average setback of those buildings becomes the building line, never under 45 ft.

  • On a corner lot the secondary street takes 45 ft
  • Frontage along the right-of-way must be 125 ft as well as the lot width, and the right-of-way itself is excluded from the lot area
  • An accessory building stands back by its own mean height and never less than ten feet, may not sit in the front yard, and its footprint may not exceed a quarter of the required rear yard
  • Height is a maximum mean, measured to the average between eaves and ridge on a pitched roof, so a steep gable may stand higher than 35 ft at the ridge
  • Six chickens or other poultry per acre are allowed, no roosters, housed in the rear yard at least 25 ft from any lot line; large domestic animals need an acre of undeveloped land each

Agriculture District - Farm structures other than farm dwellings have no height limit at all where an agricultural exemption exists through the Town Tax Assessor; everything else stops at two and a half storeys and 35 ft, and an accessory building at two storeys and 20 ft.

  • A multiple-family dwelling adds 4,000 sq ft for each unit beyond the first
  • A dwelling group of two or more units on one lot needs a Town Board special use permit, and each dwelling must sit so that the lot could later be split with both halves conforming
  • The right-of-way is excluded from the lot area
  • Height is a maximum mean, measured to the average between eaves and ridge on a pitched roof, so a steep gable may stand higher than 35 ft at the ridge

Commercial District - A commercial building here is capped at 5,000 square feet, and drive-through facilities are not permitted in this district at all.

  • The side and rear yards are height-linked with a floor: each must equal at least the mean height of the building, and never less than the figure shown
  • A residential use in a commercial district takes 20 ft at the side and 30 ft at the rear instead
  • The 50 ft front yard applies to buildings; parking must additionally leave 20 ft of green space between it and the street right-of-way, and on a corner lot the secondary street takes 30 ft
  • The coverage figure is a total: no more than half the lot may be used for structures and impermeable surfaces together, and no individual building may exceed 30% of the lot area
  • Franchise architecture is not permitted, a landscape plan is required with every site plan application, and site plan review under Chapter 95 applies to every commercial use
  • Height is a maximum mean, measured to the average between eaves and ridge on a pitched roof, so a steep gable may stand higher than 35 ft at the ridge

Commercial District - A commercial building here is capped at 20,000 square feet. A use permitted by right is one of the C-1 by-right uses at no more than 10,000 sq ft; anything larger needs a special use permit, as does a drive-through facility.

  • The side and rear yards are height-linked with a floor: each must equal at least the mean height of the building, and never less than the figure shown
  • A residential use in a commercial district takes 20 ft at the side and 30 ft at the rear instead
  • The 50 ft front yard applies to buildings; parking must additionally leave 20 ft of green space between it and the street right-of-way, and on a corner lot the secondary street takes 30 ft
  • The coverage figure is a total: no more than half the lot may be used for structures and impermeable surfaces together, and no individual building may exceed 30% of the lot area
  • Franchise architecture is not permitted, a landscape plan is required with every site plan application, and site plan review under Chapter 95 applies to every commercial use
  • Height is a maximum mean, measured to the average between eaves and ridge on a pitched roof, so a steep gable may stand higher than 35 ft at the ridge

Commercial District - A commercial building here is capped at 30,000 square feet, and a drive-through facility needs a special use permit.

  • The side and rear yards are height-linked with a floor: each must equal at least the mean height of the building, and never less than the figure shown
  • A residential use in a commercial district takes 20 ft at the side and 30 ft at the rear instead
  • The 50 ft front yard applies to buildings; parking must additionally leave 20 ft of green space between it and the street right-of-way, and on a corner lot the secondary street takes 30 ft
  • The coverage figure is a total: no more than half the lot may be used for structures and impermeable surfaces together, and no individual building may exceed 30% of the lot area
  • Franchise architecture is not permitted, a landscape plan is required with every site plan application, and site plan review under Chapter 95 applies to every commercial use
  • Height is a maximum mean, measured to the average between eaves and ridge on a pitched roof, so a steep gable may stand higher than 35 ft at the ridge

ADUs vs. short-term rentals in Aurora

Short-term rentals allowed for Town of Aurora. Short-term rental is an expressly named permitted use, but the code defines it as an owner-occupied residence in which a dwelling unit is let, so an unhosted, investor-owned whole-house rental does not meet the definition. 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

ADU FAQ — Aurora, NY

Are ADUs allowed in Aurora, NY?

Town of Aurora has 8 districts. 7 districts allow ADUs with occupancy restrictions, 1 does not. Check your address with the free ADU checker, or confirm with the building department at (716) 652-7591.

Do I need a special permit for an ADU in Aurora?

No district in Town of Aurora requires a special-use permit for an ADU - 7 districts allow ADUs with occupancy restrictions, 1 does not. Site-plan review or a building permit may still apply.

Can I use an ADU as a short-term rental in Aurora?

Short-term rentals allowed for Town of Aurora. 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 Aurora

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 Aurora, priced by size.

How we know this

Sections analyzed
§ 116-4A · §§ 116-8.1 to 116-8.9
Districts confirmed
8 of 8 — 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.

ADU information for Town of Aurora is compiled from the municipal code (last reviewed 2026-09-10) 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) 652-7591 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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