ADU · Erie County
Can you build an ADU in Marilla, NY?
Town of Marilla has 6 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Marilla code says
Marilla has no accessory dwelling unit of any kind, in A, R-R, M-H, B, B-1 or I. In A and R-R a two-family dwelling is permitted by right instead, and what it costs is land rather than approval.
Conditions the code attaches:
- In A and R-R a two-family dwelling needs at least 90,000 square feet of lot and at least 300 feet of frontage, against the 60,000 square feet and 200 feet a single-family house needs
- That frontage is measured at the edge of the road right-of-way and must be held to a depth of at least 300 feet
- No building may be erected or altered to house a greater number of families than the district allows, which reaches an apartment inside a house as well as a separate building
- M-H permits single-family manufactured homes and an assisted living facility
- B, B-1 and I are business, restricted business and industrial districts, and none of them carries a dwelling use
- R-R allows a rooming house by special use permit, which is lodging within a dwelling rather than a separate unit
What the Marilla 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 |
|---|---|---|---|---|
| Agricultural District | 1.38 ac | 100 / 30 / 100 ft | 35 ft | No |
| Rural Residential District | 1.38 ac | 100 / 30 / 30 ft | 35 ft | No |
| Manufactured Home Residential | 0.22 ac | 20 / 15 / 15 ft | 15 ft | No |
| Business District | 0.72 ac | - / 10 / 20 ft | 35 ft | No |
| Restricted Business District | 1.38 ac | 100 / 50 / 50 ft | 35 ft | No |
| Industrial District | 3 ac | - / 30 / 30 ft | 35 ft | No |
ADUs vs. short-term rentals in Marilla
No local short-term-rental law on record - which is not the same as permission for Town of Marilla. Marilla has no local short-term rental law. That is not the same as permission, so confirm with the building department 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 minimum1.38 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Zoning codeecode360.com/7715656
- Building dept(716) 652-5350
ADU FAQ — Marilla, NY
Are ADUs allowed in Marilla, NY?
Town of Marilla has 6 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (716) 652-5350.
Do I need a special permit for an ADU in Marilla?
No. No district in Town of Marilla permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (716) 652-5350 before ruling it out.
Can I use an ADU as a short-term rental in Marilla?
No local short-term-rental law on record - which is not the same as permission for Town of Marilla. 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 Marilla
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 Marilla, priced by size.
How we know this
- Sections analyzed
- § 700-33 (A) · § 700-34 (R-R) · §§ 700-35 through 700-38 · § 700-32
- Districts confirmed
- 6 of 6 — 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.
More on Marilla: 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 Marilla is compiled from the municipal code (last reviewed 2026-08-06) 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) 652-5350 before relying on any answer. Source: the Offsite / Aldo zoning dataset.