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ADU · Erie County

Can you build an ADU in Evans, NY?

Town of Evans has 17 districts. 8 districts prohibit ADUs, 8 require a special-use permit. 1 district has incomplete data - verify with the building department at (716) 217-3500. Check your address to confirm the district that applies to your parcel:

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What the Evans code says

An auxiliary housing unit inside a single-family house needs a Board of Appeals special use permit, for up to two members of the family living there, at least one 60 or older, handicapped or otherwise unable to live independently. The business and industrial districts have none.

Conditions the code attaches:

How big an ADU can be in Evans

Size limits are set per district, and a unit inside the house is a different standard from a detached one. These are the figures the code publishes.

Inside the principal dwelling

500 sq ft

R-R, R-1, R-1-L, R-2, A-OS, R-A, MFR-3, MFR-4 · § 200-16B, C

What the Evans 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
Rural Residential District 1 ac 50 / 30 / 50 ft 30 ft Special permit
Residential District One 0.46 ac 40 / 8 / 35 ft 30 ft Special permit
Residential District One-Lakefront 0.92 ac 50 / 20 / 50 ft 35 ft Special permit
Residential District Two 0.23 ac 25 / 5 / 30 ft 30 ft Special permit
Agriculture and Open Space District 5 ac 60 / 35 / 50 ft 35 ft Special permit
Rural Agriculture District 3 ac 60 / 35 / 50 ft 35 ft Special permit
Multifamily Residential District Three 0.23 ac 25 / 5 / 30 ft 30 ft Special permit
Multifamily Residential District Four 0.23 ac 25 / 5 / 30 ft 30 ft Special permit
Mobile Home Residential District Five 0.11 ac 30 / 8 / 10 ft — No
Public Facilities District — 50 / 15 / 15 ft 35 ft No
Recreational Facilities District — 50 / 15 / 15 ft 35 ft No
Neighborhood Business District 0.5 ac 40 / 0 / 15 ft 30 ft No
General Business District — 30 / 0 / 15 ft 50 ft No
Motor Vehicle Service District 1 ac 60 / 25 / 25 ft 35 ft No
Waterfront Mixed Use District — 15 / 0 / 15 ft 40 ft —
Light Industrial District 1 ac 40 / 15 / 15 ft 30 ft No
General Industrial District 1 ac 40 / 15 / 15 ft 30 ft No

Residential District One - The lot minimum shown is the unsewered case, which the code calls the minimum Health Department requirement. On public sewer the lot falls to at least 12,150 sq ft, or 13,500 sq ft on a corner.

  • The two side yards must add to at least 20 ft and neither may be under 8 ft, so 8 ft on both sides fails the combined test
  • The lot must be at least 125 ft wide without public sewer, and at least 90 ft on an interior lot or 100 ft on a corner with it

Residential District One-Lakefront - The lot minimum shown is the unsewered case. With public sewer the lot falls to at least 30,000 sq ft, or 35,000 sq ft on a corner.

  • The lot must be at least 200 ft wide without public sewer, and at least 150 ft on an interior lot or 175 ft on a corner with it
  • The 20 ft side yard is a flat figure for each side here, not a combined total

Residential District Two - A two-family dwelling needs a lot of at least 15,000 sq ft on 120 ft of width, 130 ft on a corner. The two side yards must add to at least 15 ft, and neither may be under 5 ft, so building to 5 ft on both sides fails the combined test.

  • Inside the Lake Erie Beach neighborhood, as the zoning map defines it, a one-family lot needs only 6,000 sq ft, interior or corner, on 60 ft of width
  • In that neighborhood a one-storey house needs a 900 sq ft first floor rather than 1,100 sq ft
  • The lot figures shown are for a one-family dwelling outside the Lake Erie Beach neighborhood, where a corner lot needs 11,250 sq ft on 90 ft of width

Agriculture and Open Space District - The height limit depends on what the building is: 35 ft for an ordinary structure, 50 ft for an agricultural building and one hundred feet for a silo.

  • A house needs at least 1,200 sq ft of livable floor area under two storeys and 1,600 sq ft at two, excluding attic, basement, cellar and attached garage
  • A campground needs at least ten acres and may put no structure, campsite or use within 300 ft of a residential property line
  • Keeping horses, mules or donkeys takes at least two acres for the first two animals and more for each after
  • Up to six working dogs may be kept on a property of at least five acres

Rural Agriculture District - The height limit depends on what the building is: 35 ft for an ordinary structure, 50 ft for an agricultural building and one hundred feet for a silo.

  • A house needs at least 1,200 sq ft of livable floor area under two storeys and 1,600 sq ft at two, excluding attic, basement, cellar and attached garage
  • A campground needs at least ten acres and may put no structure, campsite or use within 300 ft of a residential property line
  • Keeping horses, mules or donkeys takes at least two acres for the first two animals and more for each after

Multifamily Residential District Three - The figures shown are for a detached house on its own lot. Attached units are governed instead by density: at least 4,300 sq ft of gross land for each dwelling unit, excluding perimeter public streets, on a 120 ft width.

  • Attached units take a 30 ft front yard, 40 ft side and rear yards, 35% coverage and 35 ft of height
  • A detached unit not on an individual lot takes at least 7,500 sq ft of gross land instead, with side yards settled by the arrangement of buildings, drives and open space
  • An attached dwelling runs from at least 400 sq ft for a studio to 640 for one bedroom, 760 for two and 1,000 for three, with a further 180 for each bedroom beyond
  • No main or longitudinal wall in a row of units may run more than 132 ft without a 90-degree offset of at least 10 ft, and no elevation may exceed 176 ft
  • Principal structures must stand 30 ft apart

Multifamily Residential District Four - The figures shown are for a detached house on its own lot. Attached units are governed instead by density: at least 3,000 sq ft of land for each dwelling unit, on a 150 ft width with 40% coverage and 35 ft of height.

  • Attached units carry no yard figure at all: § 200-14D settles front, side and rear yards by a spacing formula driven by building height and arrangement
  • An accessory structure stops at 16 ft, and counted with the principal building it raises the coverage cap to 45%
  • Minimum dwelling size runs from 400 sq ft for a studio to 1,000 for three bedrooms, with 180 added per bedroom beyond
  • No wall in a row of units may run more than 132 ft without a 90-degree offset of at least 10 ft, and no elevation may exceed 176 ft
  • A dormitory, fraternity or sorority house needs a special permit from the Town Board

Mobile Home Residential District Five - Two standards run at once: the figures shown are for one lot inside the development, and the development itself must be at least 8.26 acres exclusive of road rights-of-way and hold between 50 and 350 sites.

  • On top of the lot, a further 2,400 sq ft per lot must be set aside as common open space, and neither the lot area nor the paved access road counts towards it
  • The two side yards must add to at least 14 ft, split eight feet on one side and six on the other
  • No mobile home may stand within 50 ft of the development boundary, within 14 ft of another including its accessory structures, or within 300 ft of a public road
  • No mobile home may front a public street: all frontage is on private access roads screened from public view
  • Livable floor space is at least 700 sq ft for one or two occupants, plus 150 sq ft for each occupant beyond two
  • The 40 ft width may be halved at the setback line on a pie-shaped cul-de-sac lot

Public Facilities District - The side and rear yards shown apply against another non-residential lot. Where the lot abuts a residential district they rise to 25 ft at the side and 50 ft at the rear.

  • No lot area is set: the parcel must simply be large enough for the buildings, parking, loading, landscaping, yards and open spaces, and coverage is settled the same way
  • Parking, loading and stacking areas stand 15 ft back from the street, 25 ft from a residential district and 10 ft otherwise, and the whole of that setback area must be landscaped

Recreational Facilities District - The side and rear yards shown apply against another non-residential lot. Where the lot abuts a residential district they rise to 25 ft at the side and 50 ft at the rear.

  • No lot area is set: the parcel must simply be large enough for the buildings, parking, loading, landscaping, yards and open spaces, and coverage is settled the same way
  • Parking, loading and stacking areas stand 15 ft back from the street, 25 ft from a residential district and 10 ft otherwise, and the whole of that setback area must be landscaped
  • An outdoor recreation activity may not sit within 150 ft of an abutting residential district unless the land is Town-owned

Neighborhood Business District - No side yard is required against another non-residential lot, though a separated building must keep at least ten feet. Against a residential district the side and rear yards both become 25 ft.

  • Lot coverage is settled by the yard, parking and landscaping requirements rather than by a percentage
  • Where half a block is already built, the front yard becomes the average of the existing buildings on either side
  • On a corner lot the shorter street line is the front, and the side yard facing the other street must be at least as deep as the front yard
  • The whole of any parking, loading and stacking setback must be landscaped

General Business District - The district states no minimum lot area, with one exception that is unusually severe: a self-storage facility needs at least four acres.

  • A self-storage facility takes a three hundred foot front setback, 25 ft side and rear yards against another non-residential lot and 50 ft against a residential district
  • It must stand one hundred feet from a residential structure, is capped at 35 ft where everything else here may reach 50, and must hold at least 10,000 sq ft of interior storage space
  • No side yard is required against another non-residential lot, though a separated building must keep at least ten feet; against a residential district the side and rear yards both become 25 ft
  • Buildings on the same site must stand 30 ft apart
  • Where half a block is already built, the front yard becomes the average of the existing buildings on either side
  • Lot coverage is settled by the yard, parking and landscaping requirements rather than by a percentage

Motor Vehicle Service District - The 25 ft side and rear yards apply against another non-residential lot. Against a residential district both rise to fifty.

  • Buildings on the same site must stand 30 ft apart
  • Parking, loading and stacking areas stand 20 ft back from the street, 25 ft from a residential district and 10 ft otherwise, and the whole of that area must be landscaped
  • Lot coverage is settled by the yard, parking and landscaping requirements rather than by a percentage

Waterfront Mixed Use District - The front setback is a band, not a minimum: 15 to 30 ft from the street right-of-way, and on a waterfront lot 140 to 170 ft from the waterside lot line.

  • Height has a floor as well as a ceiling: at least two usable storeys, with a 14 ft minimum ground floor for a commercial building
  • The 40 ft limit is measured to the eave, and 50 ft is allowed only where that part of the building stands at least 150 ft back from a residential district
  • No side yard is required between contiguous buildings; otherwise eight feet, rising to 25 ft where a commercial use abuts a residential district and 10 ft where a residential use does
  • The rear yard is 15 ft, or 25 ft against a residential district
  • Coverage is capped by floor area rather than by percentage, at 15,000 gross sq ft per storey, and ground-floor residential use is precluded entirely
  • Drive-throughs, vehicle sales and service, filling stations, warehousing, laundromats and standalone parking lots are prohibited outright

Light Industrial District - The 30 ft height is the by-right ceiling: going taller needs a special use permit, and it brings much larger yards with it, a 75 ft front yard and 75 ft at the side and rear against a residential district.

  • The side and rear yards shown are for a building under 30 ft abutting another non-residential lot; against a residential district they are 50 ft
  • All manufacturing and processing must be completely enclosed in buildings
  • Outdoor storage is barred from any front yard, must be screened, may not exceed 16 ft in height and may come no closer than 50 ft to a property line
  • Buildings on the same site must stand 30 ft apart
  • Lot coverage is settled by the yard, parking and landscaping requirements rather than by a percentage
  • Rooftop mechanical space may rise above the height limit if it is set back 15 ft from any exterior wall, held under 15 ft and screened

General Industrial District - The 30 ft height is the by-right ceiling: going taller needs a special use permit, and it brings much larger yards with it, a 75 ft front yard and 75 ft at the side and rear against a residential district.

  • The side and rear yards shown are for a building under 30 ft abutting another non-residential lot; against a residential district they are 50 ft
  • Manufacturing here need not be enclosed, and adult uses are confined to this district
  • Outdoor storage is barred from any front yard, must be screened, may not exceed 16 ft in height and may come no closer than 50 ft to a property line
  • Buildings on the same site must stand 30 ft apart
  • Lot coverage is settled by the yard, parking and landscaping requirements rather than by a percentage
  • Rooftop mechanical space may rise above the height limit if it is set back 15 ft from any exterior wall, held under 15 ft and screened

ADUs vs. short-term rentals in Evans

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

ADU FAQ — Evans, NY

Are ADUs allowed in Evans, NY?

Town of Evans has 17 districts. 8 districts prohibit ADUs, 8 require a special-use permit. 1 district has incomplete data - verify with the building department at (716) 217-3500. Check your address with the free ADU checker.

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

It depends on the district: 8 of 17 require a special-use permit, the rest do not. Check the district that applies to your parcel before you design.

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

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

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 Evans, priced by size.

How we know this

Sections analyzed
§ 200-16 · §§ 200-8.1B, 200-8.2B, 200-9 to 200-14 · § 200-5A · §§ 200-18B to 200-25
Districts confirmed
16 of 17 — 1 not yet analyzed, so this page does not answer for it.
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 Evans 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) 217-3500 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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