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ADU · Erie County

Can you build an ADU in Colden, NY?

Town of Colden has 5 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:

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What the Colden code says

Colden has no accessory apartment or in-law unit. A second home on one lot has to be a principal dwelling: a two-family house or dwelling group in R-2, R-RB and C, and in AG a two-family house or two single-family houses on at least six acres.

Conditions the code attaches:

What the Colden 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-1 Single-Family Residential District 2.87 ac 50 / 15 / 50 ft 35 ft No
R-2 General Residential District 2.87 ac 50 / 15 / 50 ft 35 ft No
R-RB Residence-Business District 2.87 ac 50 / 15 / 50 ft 35 ft No
AG Agricultural District 2.87 ac 50 / 15 / 50 ft 35 ft No
Commercial District 2.87 ac 50 / 15 / 50 ft 35 ft No

Commercial District - With public utilities the lot falls to 45,000 sq ft on a 150 ft width, against about three acres on a 250 ft width without them. That is the largest utility split in the town.

  • A two-family or multifamily building needs four acres without utilities plus half an acre for each unit beyond two, or 22,500 sq ft per unit with them
  • Fifteen feet is the least either side yard may be, and the two together must add to 40 ft where the lot has public utilities
  • A building of three or more dwelling units is capped at three storeys and must stand 30 ft from any property line instead of taking separate yards
  • Any other principal building scales its side yard with storey count: 30 ft for a single storey and 45 ft for two
  • The rear yard is 50 ft from a main building but only 15 ft from an accessory one
  • A single house needs 960 sq ft and a duplex 1,600 sq ft in all with 800 sq ft per unit

ADUs vs. short-term rentals in Colden

Short-term rentals allowed with local rules for Town of Colden. Colden regulates short-term rentals under Ch. 104 of its code, enacted by Local Law No. 1-2026 and adopted 6-11-2026 as a zoning amendment. 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 — Colden, NY

Are ADUs allowed in Colden, NY?

Town of Colden has 5 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (716) 941-5022.

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

No. No district in Town of Colden permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (716) 941-5022 before ruling it out.

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

Short-term rentals allowed with local rules for Town of Colden. 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 Colden

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 Colden, priced by size.

How we know this

Sections analyzed
§ 108-7A · §§ 108-12, 108-20, 108-28, 108-36, 108-44
Districts confirmed
5 of 5 — 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 Colden is compiled from the municipal code (last reviewed 2026-09-16) 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) 941-5022 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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