ADU · Erie County

Can you build an ADU in Elma, NY?

Town of Elma has 7 districts. 5 of 7 districts prohibit ADUs. 2 districts have incomplete data - verify with the building department at (716) 652-3260. Check your address to confirm the district that applies to your parcel:

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What the Elma code says

Elma has no accessory apartment or in-law unit. R-B and R-C allow a house to hold two families, which is the route to a second unit; R-A allows one family per lot, and C-3 and the Industrial Zone allow no houses.

Conditions the code attaches:

R-A and R-B allow one residential building per lot
C-3 allows up to two apartments only on the upper floors of a commercial building

What the Elma 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
Residential A Zone	0.86 ac	50 / 20 / 10 ft	—	No
Residential B Zone	0.8 ac	50 / 20 / 10 ft	—	No
Residential C and Agricultural Zone	0.73 ac	50 / 20 / 10 ft	—	No
Neighborhood Commercial District	0.69 ac	50 / 10 / 10 ft	35 ft	—
Intermediate Commercial District	0.69 ac	50 / 10 / 10 ft	35 ft	—
Major Commercial District	0.69 ac	50 / 10 / 10 ft	45 ft	No
Industrial Zone	—	50 / 20 / 20 ft	40 ft	No

Neighborhood Commercial District - The 70% coverage cap counts everything on the lot, not just buildings: every structure, parking area, driveway and other paving counts against it. The 10 ft side and rear yards apply between commercial lots.

Next to a residential district, or a lot already in residential use whatever its zoning, a principal building takes 20 ft on each side and 30 ft at the rear
An accessory building next to residential land takes 10 ft at the side and 20 ft at the rear
An accessory building stops at 18 ft and one storey
Lot width is measured at the street right-of-way

Intermediate Commercial District - The 75% coverage cap counts everything on the lot, not just buildings: every structure, parking area, driveway and other paving counts against it. The 10 ft side and rear yards apply between commercial lots.

Next to a residential district, or a lot already in residential use whatever its zoning, a principal building takes 20 ft on each side and 30 ft at the rear
An accessory building next to residential land takes 10 ft at the side and 20 ft at the rear
An accessory building stops at 18 ft and one storey
Lot width is measured at the street right-of-way

Major Commercial District - The 75% coverage cap counts everything on the lot, not just buildings: every structure, parking area, driveway and other paving counts against it. The 10 ft side and rear yards apply between commercial lots.

Next to a residential district, or a lot already in residential use whatever its zoning, a principal building takes 20 ft on each side and 40 ft at the rear
An accessory building next to residential land takes 10 ft at the side and 20 ft at the rear
An accessory building stops at 18 ft and one storey
Lot width is measured at the street right-of-way

Industrial Zone - No lot size is set here: the lot must be large enough for the principal and accessory buildings, all off-street parking, loading and stacking, landscaping, yards and open spaces, as the Planning Board recommends on site plan review and the Town Board approves.

The 40% coverage cap may be exceeded by special permit of the Town Board
The 20 ft side and rear yards rise to 100 ft against a residential district
Where the Industrial Zone borders a residential district, a further 100 ft landscaped buffer must be reserved and maintained by the owner, unless the proposed use is commercial
Every front, side and rear yard must be landscaped to screen the premises
Wiring, feed lines and energy sources must go underground unless the Town Board waives it for topography or hardship

ADUs vs. short-term rentals in Elma

No local short-term-rental law on record - which is not the same as permission for Town of Elma. 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. 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 minimum0.73–0.86 ac — an ADU still has to fit the district's lot and setback envelope.
UtilityNational Grid territory.
Zoning codeecode360.com/27038900
Building dept(716) 652-3260

ADU FAQ — Elma, NY

Are ADUs allowed in Elma, NY?

Town of Elma has 7 districts. 5 of 7 districts prohibit ADUs. 2 districts have incomplete data - verify with the building department at (716) 652-3260. Check your address with the free ADU checker.

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

5 of 7 districts prohibit ADUs, so no permit applies in those. 2 districts have incomplete data - verify with the building department at (716) 652-3260.

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

No local short-term-rental law on record - which is not the same as permission for Town of Elma. 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.

Run the free ADU check for your parcel →

What an ADU costs to build in Elma

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 Elma, priced by size.

How we know this

Sections analyzed: §§ 144-45, 144-51, 144-58 · § 144-86.11 · § 144-89B
Districts confirmed: 5 of 7 — 2 not yet analyzed, so this page does not answer for them.
Last reviewed: 2026-09-10
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 Elma: 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 Elma 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) 652-3260 before relying on any answer. Source: the Offsite / Aldo zoning dataset.