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ADU · Erie County

Can you build an ADU in Hamburg, NY?

Town of Hamburg has 22 districts. 21 districts prohibit ADUs, 1 allows them with occupancy restrictions. Check your address to confirm the district that applies to your parcel:

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What the Hamburg code says

Hamburg has no accessory apartment provision under any name. The one second dwelling in the town is in R-E: on a lot of three or more acres, a residence for a caretaker employed on the premises, or a guest house for occasional use by friends of the occupant.

Conditions the code attaches:

What the Hamburg 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-Agricultural District 2 ac 40 / 30 / 50 ft 35 ft No
Single-Family Residence-Estate District 1 ac 40 / 30 / 50 ft 35 ft Occupancy restricted
Single-Family Residence District 0.69 ac 35 / 10 / 30 ft 35 ft No
Single-Family Residence, Attached District 0.69 ac 35 / 10 / 30 ft 35 ft No
Multifamily District 0.21 ac 35 / 10 / 30 ft 35 ft No
General Residence, Mobile Home Court District 0.19 ac 35 / 10 / 30 ft 35 ft No
Neighborhood Commercial General Residence District 0.69 ac 35 / 10 / 30 ft 35 ft No
Local Retail Business District — 40 / 0 / 10 ft 35 ft No
General Commercial District — 40 / 0 / 10 ft 35 ft No
Office District 1 ac 40 / 25 / 20 ft 85 ft No
Hamburg Commercial District — 40 / 0 / 30 ft 30 ft No
Waterfront Commercial District — 30 / 0 / 30 ft 30 ft No
Light Industrial District — 40 / 15 / 10 ft 50 ft No
General Industrial District — 40 / 10 / 10 ft 50 ft No
Planned Residential Development District 10 ac - / 10 / - ft 35 ft No
Planned Unit Development District 10 ac - / 10 / - ft 65 ft No
Park/Recreation Lands District — 50 / 15 / 15 ft 35 ft No
Fairgrounds District — 35 / 50 / 50 ft 75 ft No
Camp Road Interchange District — 40 / 0 / 10 ft — No
Agricultural District 2.87 ac 50 / 15 / 50 ft 35 ft No
Mixed-Use District 1 — 0 / - / - ft — No
Stadium Impact Area District — — — No

Residential-Agricultural District - The 200 ft width is measured at the building line, while the front lot line need only be 100 ft, so a lot may narrow towards the street. The side and rear yards are floors: each must equal the figure shown or the height of the principal building, whichever is greater.

  • Farm buildings have no height limit, but must stand back from a side or rear lot line by at least their own height.
  • A club may rise to three storeys within the same 35 ft.
  • Two principal buildings on one lot must stand 30 ft apart, or the average of their wall heights, whichever is greater.

Single-Family Residence-Estate District - The 150 ft width is measured at the building line, while the front lot line need only be 30 ft. The 30 ft side yard is a floor: each side must equal 30 ft or the height of the principal building, whichever is greater.

  • A fire station without club facilities needs at least 20,000 sq ft on a 100 ft width, instead of the acre and the 150 ft every other principal use takes.
  • The 50 ft rear yard is a flat figure and does not rise with the height of the building.
  • A club may rise to three storeys within the same 35 ft.

Single-Family Residence District - The figures shown are the unsewered case, which is the binding one on a greenfield lot. Public sanitary sewer halves the lot to 15,000 sq ft and narrows the width to 90 ft. The 100 ft width is measured at the building line, while the front lot line need only be 30 ft.

  • Ten feet is the least either side yard may be, and the two sides together must also add to 25 ft.
  • Where the principal building is not a dwelling the side yard is 30 ft or the building height, whichever is greater, and 15 ft or half the height beside a lot outside a residential district.
  • The 30 ft rear yard is likewise a floor that a taller building raises.
  • An accessory building is held to one storey and 18 ft.

Single-Family Residence, Attached District - The figures shown are the unsewered case for a single house, and sewer changes them threefold: 10,000 sq ft rather than 30,000. A duplex is priced per dwelling unit, 7,000 sq ft each on sewer and 20,000 each without it.

  • A zero-lot-line duplex needs 30,000 sq ft per unit even on sewer.
  • Width grows with the second unit too, by 30 ft on sewer and by a further 100 ft without it.
  • The 25 ft both-sides total applies only to the unsewered case; a sewered lot states the 10 ft each-side minimum and no total.
  • The 100 ft width is measured at the building line, while the front lot line need only be 30 ft.
  • Where the principal building is not a dwelling the side yard is 30 ft or the building height, whichever is greater, and 15 ft or half the height beside a lot outside a residential district.
  • The 30 ft rear yard is a floor that a taller building raises.

Multifamily District - The 9,000 sq ft figure is for a single house. A duplex is priced per dwelling unit at 5,000 sq ft each, and a building of three or more dwellings has no minimum lot size at all - density is settled instead by the setbacks, open space and parking.

  • A building of three or more dwellings must stand at least 50 ft from every property line, and above three storeys it adds a further foot for every foot of height over 35 ft.
  • Since Local Law No. 9-2025 a multifamily proposal must also keep 20% of the site as green space.
  • Width is built up unit by unit, 70 ft for the first, 15 ft more for the second and 20 ft more for each one after that, capped at 200 ft; at the front lot line 30 ft is enough.
  • This district states no both-sides side yard total, only the 10 ft each-side minimum.
  • Where the principal building is not a dwelling the side yard is 30 ft or the building height, whichever is greater.

General Residence, Mobile Home Court District - Lots inside a licensed mobile home court are dimensioned by Chapter 165 of the Town Code, not by this article. Outside one, the lot minimum shown assumes public sanitary sewer, and no unsewered alternative is stated.

  • A duplex is priced at 5,000 sq ft per dwelling unit, and a building of three or more dwellings has no minimum lot size - density is settled by the setbacks instead.
  • Width is built up unit by unit, 65 ft for the first, 15 ft more for the second and 20 ft more for each one after that, capped at 200 ft; at the front lot line 25 ft is enough.
  • Ten feet is the least either side yard may be, with a 25 ft both-sides total where the lot is unsewered.
  • The rear yard is 30 ft or the height of the principal building, whichever is greater.

Neighborhood Commercial General Residence District - A dwelling for three or more families up to three stories must stand 50 ft from any property line. The 30 ft rear yard is a floor: it must equal 30 ft or the height of the principal building, whichever is greater.

  • Where the principal building is not a dwelling the side yard is 30 ft or the building height, whichever is greater, and 15 ft or half the height where it adjoins a district other than an R district.

Local Retail Business District - No side yard is required. Where one is provided it must be at least 5 ft, 40 ft where it abuts an R district, and 12 ft where used for vehicular ingress or egress, or 25 ft for both.

  • Along an R district boundary the rear yard takes the side-yard figure.
  • A principal structure may not exceed 15,000 sq ft of base floor area.

General Commercial District - No side yard is required. Where one is provided it must be at least 5 ft, and 20 ft or the height of the principal building, whichever is greater, where it abuts an R district.

  • A side yard used for vehicular ingress or egress takes 12 ft, or 25 ft for both.
  • The district is intended for regional-scale commercial buildings up to 100,000 sq ft.

Office District - Two side yards are required, 25 ft each. The 20 ft rear yard is a floor: it must equal 20 ft or the height of the principal building, whichever is greater, and it takes the side-yard figure along an R district boundary.

  • Separate principal buildings on one lot must stand 30 ft apart, or the average of their wall heights, whichever is greater.
  • No maximum lot coverage is set for this district.

Hamburg Commercial District - The 30 ft rear yard must carry a visual buffer approved by the Planning Board: a planted berm, an evergreen hedge, or a fence at least 8 ft high. No side yard is required, and 5 ft is the minimum where one is provided.

  • A side yard rises to 20 ft or the building height where it abuts an R district, and takes 12 ft where used for vehicular ingress or egress, or 25 ft for both.

Waterfront Commercial District - No side yard is required. Where one is provided it must be at least 5 ft, rising to 20 ft or the height of the principal buildings where it abuts an R district.

  • An accessory building may reach two stories and 30 ft, the same height as a principal building.

Light Industrial District - The 50 ft height is the by-right ceiling, and a building above it needs a special use permit, with no stated upper limit. No minimum lot size is set for this district.

  • The front yard rises to 50 ft opposite an R district, or where it is used for accessory parking.
  • Against an R district boundary the side yard rises to 50 ft or the height of the principal building, whichever is greater, and the rear yard then takes the side-yard figure.

General Industrial District - The 50 ft height is the by-right ceiling, and a building above it needs a special use permit, with no stated upper limit. No minimum lot size is set for this district.

  • The front yard rises to 50 ft opposite an R district, or where it is used for accessory parking.
  • The side yard rises to 75 ft or the building height against an R district and 25 ft against a C district, and the rear yard takes the side-yard figure against either.
  • The Planning Board may require greater setbacks and screening depending on the use.

Planned Residential Development District - The 10 acres is the minimum size of the development itself, not of a lot within it. Lots inside may meet the requirements of the R-A, R-E, R-1, R-2 or R-3 districts, or the cluster development regulations, so no single lot minimum exists.

  • There are no required yards, subject to the approved concept and development plans and consistent with adjoining zoning.
  • Side yards are typically not less than 10 ft absent a Building Department waiver.
  • Unbuildable land such as wetlands and floodplain is subtracted first, and the Planning and Town Boards may grant up to a 10% density bonus.
  • The district intends roughly 40% or more of the site to stay open space.

Planned Unit Development District - The 10 acres is the minimum size of the development itself, not of a lot within it. Residential lot minimums inside it come from the cluster development laws, and minimums for nonresidential or multifamily uses are set on Planning Board recommendation.

  • There are no required yards, subject to the approved concept and development plans and consistent with any adjoining R, C or M district.
  • Side yards are typically not less than 10 ft absent a Building Department waiver.

Park/Recreation Lands District - The 15 ft side and rear yards are the figures along a nonresidential district boundary. Along an R district boundary the side yard rises to 25 ft and the rear yard to 50 ft.

  • Lot area is whatever the public facility needs to accommodate its buildings, parking, loading, landscaping and yards, and coverage by structures is set the same way, so neither is a fixed number.

Fairgrounds District - These are not ordinary yards. The 35 ft is a no-build line measured from the right-of-way of McKinley Parkway, Quinby Drive, Clark Street and South Park Avenue, and the 50 ft applies to any adjoining property line.

  • The minimum lot size and the 75% coverage cap apply only to hotels, motels and other uses subdivided out of the main fairground, and not to fairground property uses themselves.
  • For those subdivided uses lot area follows building size, parking and landscaping rather than a fixed figure.

Camp Road Interchange District - This district sets no minimum lot size, no maximum height, no minimum or maximum lot coverage requirement and no lot width at the building line. A project must instead meet the setback, landscaping and aesthetic requirements.

  • No side yard is required, and 5 ft is the minimum where one is provided.
  • The rear yard rises to 50 ft or the height of the principal building, whichever is greater, where it abuts a residential district.
  • The required yards are measured against a government-owned road, whether town, county or state.

Agricultural District - The 15 ft side yard is the figure for dwellings; another principal building takes 30 ft if it is single-storey and 45 ft if two-storey. Farm buildings have no height limit, and other principal buildings are regulated by the yard requirements instead.

  • A two-family dwelling in a mixed-use building, or two single-family dwellings on one lot, needs at least 6 acres.
  • The rear yard is 50 ft from a main building but 15 ft from an accessory building.
  • The front yard is measured from the edge of the right-of-way.
  • All other uses are governed by setbacks rather than by a lot minimum.

Mixed-Use District 1 - MU1 is a floating zone: it exists in the code but attaches to land only through a specific rezoning, so it appears on the map only where the Town Board has placed it. The zero front setback is a deliberate main-street build-to rule.

  • New structures are asked to abut the front walkway, an existing house-form structure keeps its original front building line, and extra depth may be allowed for outdoor eating or display.
  • Parking in front is discouraged.
  • The side and rear setbacks are dependent on adjoining uses and the approved plan.
  • No height limit is set for this district.
  • Residential use may mix two-family and multifamily, with the ratio set by the Town Board through the rezoning.

Stadium Impact Area District - Setbacks and heights attach to a street tier rather than to a lot, and each tier gives a minimum and a maximum, the upper figure a build-to ceiling. No lot area, lot width or coverage standard is set; the one area rule is a minimum of 10% of gross site area as usable open space.

  • Tier 1 access streets take a 15 ft minimum and 30 ft maximum setback, with hotels to six storeys and 70 ft and other uses to four storeys and 55 ft.
  • Tier 2 pedestrian-focused streets take a 0 ft minimum and 20 ft maximum setback, the same heights, and a 12 ft minimum ground floor.
  • Tier 3 neighbourhood streets take a 10 ft minimum and 30 ft maximum setback, with three storeys the most.
  • Setbacks are measured from the front facade of the building to the roadway, whether a public right-of-way or an internal private drive, so they are not lot-line setbacks.
  • Buildings over three storeys need a 15 ft upper-floor step-back.
  • A 200 ft landscaped buffer is required along edges adjoining the R-1 and R-2 districts, and all development must be on public water and sewer.

ADUs vs. short-term rentals in Hamburg

No local short-term-rental law on record - which is not the same as permission for Town of Hamburg. The Town of Hamburg has no local short-term rental law. That is not the same as permission, so confirm with the town before counting on the use. 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 — Hamburg, NY

Are ADUs allowed in Hamburg, NY?

Town of Hamburg has 22 districts. 21 districts prohibit ADUs, 1 allows them with occupancy restrictions. Check your address with the free ADU checker, or confirm with the building department at (716) 649-6111.

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

No district in Town of Hamburg requires a special-use permit for an ADU - 21 districts prohibit ADUs, 1 allows them with occupancy restrictions. Site-plan review or a building permit may still apply.

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

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

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 Hamburg, priced by size.

How we know this

Sections analyzed
§ 280-24B(4) (R-E) · §§ 280-17, 280-31, 280-38, 280-45 · § 280-6
Districts confirmed
22 of 22 — 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 Hamburg 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) 649-6111 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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