Erie County
Town of Boston, NY: zoning for new construction
Residential lots in the Town of Boston run from a 0.34-acre minimum in R-3 Two-or-More Family Residential District up to 4 acres in R-2 Single-Family Residential District, across 11 zoning districts in all. No local short-term-rental law on record - which is not the same as permission. 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) 941-6113 before you rely on a figure.
Looking specifically at an accessory dwelling unit? See ADU rules for Boston →
Zoning districts
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| R-1 Single-Family Residential District | 0.46 ac | 50 / 10 / 30 ft | 35 ft | No |
| R-2 Single-Family Residential District | 4 ac | 50 / 10 / 30 ft | 35 ft | Occupancy restricted |
| R-3 Two-or-More Family Residential District | 0.34 ac | 50 / 10 / 30 ft | 35 ft | No |
| R-A Residential-Agricultural District | 3 ac | 50 / 10 / 30 ft | 35 ft | No |
| General Residence-Restricted Business District | 0.34 ac | 50 / 10 / 30 ft | 35 ft | Special permit |
| Local Retail Business District | 0.34 ac | 50 / 0 / 30 ft | 35 ft | No |
| General Commercial District | 0.34 ac | 50 / 0 / 30 ft | 35 ft | No |
| Industrial Park Research and Development District | 1 ac | 50 / 15 / 25 ft | 30 ft | No |
| General Industrial District | 1 ac | 50 / 15 / 25 ft | 35 ft | No |
| Mobile Home Court District | — | — | — | No |
| Planned Unit Development District | 100 ac | — | — | — |
General Residence-Restricted Business District - Lot width is additive and sewer moves it: on public sanitary sewer, 75 ft for the first dwelling unit or other principal building and a further 25 ft for each unit beyond, capped at 200 ft. Without public sewer, add 25 ft to whatever that comes to.
- The 10 ft side yard is for dwellings only: any other principal building takes 30 ft or the height of the building if greater, and 15 ft or half the height beside a lot outside a residential district
- A dwelling for three or more families must stand fifty feet from any property line
- The rear yard is 30 ft or the height of the principal building, whichever is greater, so the figure shown is a floor
- Two principal buildings on one lot must stand 30 ft apart
- The width at the front lot line must equal the width at the building line, so a flag lot is not available here
Local Retail Business District - No side yard is required for a building that is not a dwelling, but one actually provided must be at least five feet, 20 ft or the building height against a residential district boundary, and 25 ft where used for vehicular access. A dwelling takes ten feet.
- Height splits by use: 30 ft for any dwelling and 35 ft for anything else
- The rear yard is 30 ft or the height of the principal building, whichever is greater
- A dwelling for three or more families needs 20,000 sq ft per structure plus a further 3,000 sq ft for each dwelling unit, and must stand at least 30 ft from every property line
- Lot width is additive: 75 ft for the first dwelling unit or other principal building, a further 25 ft for each unit beyond, capped at 200 ft, and 25 ft more without public sanitary sewer
- The width at the front lot line must equal the width at the building line, so a flag lot is not available here
- A 1997 amendment marks the one- and two-family figures here as for historical purposes only, so confirm with the town before relying on them
General Commercial District - No side yard is required for a building that is not a dwelling, but one actually provided must be at least ten feet, 20 ft or the building height against a residential district boundary, 12 ft where used for vehicular access and 25 ft where used for both.
- A dwelling takes ten feet on the side
- The rear yard is 30 ft or the height of the principal building, whichever is greater
- A dwelling for three or more families needs 20,000 sq ft per structure plus a further 3,000 sq ft for each dwelling unit, and must stand at least 30 ft from every property line
- Lot width is additive: 75 ft for the first dwelling unit or other principal building, a further 25 ft for each unit beyond, capped at 200 ft, and 25 ft more without public sanitary sewer
- A 1997 amendment marks the one- and two-family figures here as for historical purposes only, so confirm with the town before relying on them
Industrial Park Research and Development District - The 30 ft height is the by-right ceiling, and the section says so in terms: above it a special permit from the Town Board is needed, with no upper figure named for that case.
- The 50 ft front yard rises to sixty where the lot lies opposite a residential district or where the front yard holds accessory parking
- The 15 ft side yard rises to fifty, or the height of the principal building if greater, against a residential district boundary, and the rear yard follows the side-yard figure there
- Retail, restaurant and commercial recreation uses are accessory only, filling no more than 15% of the principal building's gross floor area and planned as an integral part of it
General Industrial District - The 35 ft height is the by-right ceiling, and the section says so in terms: above it a special permit from the Town Board is needed, with no upper figure named for that case.
- The 50 ft front yard rises to sixty where the lot lies opposite a residential district or where the front yard holds accessory parking
- The 15 ft side yard rises to seventy-five, or the height of the principal building if greater, against a residential district boundary, and the rear yard follows the side-yard figure there
Mobile Home Court District - Lot size, height and yards inside a licensed mobile home court are set by the Town's Mobile Home Court Law in Ch. 70 of the Town Code rather than by the zoning chapter.
Planned Unit Development District - Density is four dwelling units per gross acre, and gross acres count developable land only: wetlands and streams come out first, so a wet parcel yields far fewer units than its deed acreage suggests.
- At least 30% of the site must be kept as open space
- The 100 acre threshold may be relaxed by the Planning Board where the applicant shows the objectives are met and the land is contiguous to an existing planned unit development
- Yards, height and coverage are settled in the approved plan rather than published in advance
Short-term rentals
No local short-term-rental law on record - which is not the same as permission. The town has no local short-term rental law. That is not the same as permission, so confirm with the town before counting on renting a home short term.
Conditions the code attaches:
- New York State's 2025 short-term rental registry, Ch. 99 of the Laws of 2025, requires every host to register the unit through the Erie County registry
- Confirm with the town at (716) 941-6113 before listing
Good to know
- UtilityNational Grid territory.
- Zoning codeTown of Boston Zoning, Ch. 123 of the Town Code
- Building dept(716) 941-6113
- Last reviewed2026-09-10
Working out a budget? A standard-finish build here runs $204–$268/sq ft , and a conforming lot adds about $3,440 on top - see the full cost to build a house in Boston, or what an ADU costs here.
Sizing up a specific parcel in Boston?
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.
Other Erie County towns
All Erie County zoning: Buffalo (City) · Lackawanna (City) · Tonawanda (City) · Alden · Amherst · Aurora · Brant · Cheektowaga · Clarence · Colden · Collins · Concord · Eden · Elma · Evans · Grand Island · Hamburg · Holland · Lancaster · Marilla · Newstead · North Collins · Orchard Park · Sardinia · Tonawanda · Wales · West Seneca · Akron (Village) · Alden (Village) · Angola (Village) · Blasdell (Village) · Depew (Village) · East Aurora (Village) · Farnham (Village) · Gowanda (Village) · Hamburg (Village) · Kenmore (Village) · Lancaster (Village) · North Collins (Village) · Orchard Park (Village) · Sloan (Village) · Springville (Village) · Williamsville (Village)
Zoning figures for Town of Boston 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) 941-6113 before relying on any number. Source: the Offsite / Aldo zoning dataset.