ADU · Erie County
Can you build an ADU in Newstead, NY?
Town of Newstead has 11 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Newstead code says
Newstead has no accessory apartment. Where houses are allowed a lot with twice the district minimum area (90,000 sq ft in R-A) can carry two houses, and R-A, R-2, R-3, R-C and MHP allow two-family houses. The commercial, industrial and RV districts have no such route.
Conditions the code attaches:
- Outside R-A, two houses on one lot need 40,000 sq ft each, except in R-1 on public sewer
- A second house on a lot needs health department approval of the well and septic system
- Every house needs frontage on a street
- C-1 and C-2 permit apartment buildings, not one- or two-family houses
- In I-1 and I-2 a house needs a special permit, and an existing house may not gain units
What the Newstead 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-Agricultural District | 1.03 ac | 50 / 10 / 30 ft | 40 ft | No |
| Residential District | 0.92 ac | 50 / 10 / 30 ft | 40 ft | No |
| Residential District | 0.57 ac | 50 / 10 / 30 ft | 40 ft | No |
| Residential District | 0.57 ac | 50 / 10 / 30 ft | 40 ft | No |
| Restricted Commercial District | 0.57 ac | 50 / 10 / 30 ft | 40 ft | No |
| Commercial District | 1.03 ac | 40 / 0 / 10 ft | 40 ft | No |
| Commercial District | 1.03 ac | 50 / 30 / 10 ft | 40 ft | No |
| Industrial District | 1.03 ac | 50 / 10 / 10 ft | 40 ft | No |
| Industrial District | 1.03 ac | 50 / 10 / 10 ft | 40 ft | No |
| Manufactured Home Park District | 0.57 ac | 50 / 10 / 30 ft | 40 ft | No |
| Recreational Vehicle and Campground Park District | — | — | — | No |
Rural-Agricultural District - The front yard is measured from the edge of the paved portion of the road, not from the lot line or the right-of-way, so on a road with a wide right-of-way the buildable area sits substantially further back than the same figure would elsewhere.
- The 10 ft side yard is for a dwelling; any other building over 400 sq ft takes 30 ft
- Farm buildings have no height limit, principal or accessory, against 40 ft for everything else
- A two-family dwelling needs 750 sq ft per unit where a house needs 1,000
Residential District - The lot minimum shown is the unsewered case: a lot inside a sewer district and served by public sewer needs 25,000 sq ft rather than 40,000, which makes this district identical in area to R-2 once sewered.
- A corner lot must be at least 135 ft wide rather than 100 ft
- The 10 ft side yard is for dwellings only; any other principal building takes 30 ft on each side
Residential District - A two-family dwelling needs at least 40,000 sq ft where a house needs 25,000, and at least 150 ft of lot width where a house needs 100, or 175 ft on a corner lot where a house needs 135.
- The 10 ft side yard is for dwellings only; any other principal building takes 30 ft on each side
- A two-family dwelling needs 700 sq ft per unit where a house needs 800
Residential District - A building of three or more dwelling units is sized per unit rather than per lot, at 11,000 sq ft each, and is set back 30 ft from every property line instead of by separate front, side and rear yards.
- Where such a building fronts a private drive inside a group development, that 30 ft is measured from the edge of the pavement
- Its width is 100 ft for the first unit plus 20 ft for each one after, and never needs to exceed 200 ft
- A two-family dwelling needs at least 40,000 sq ft where a house needs 25,000, and at least 150 ft of width where a house needs 100, or 175 ft on a corner where a house needs 135
- Minimum dwelling size runs 700 sq ft for a studio or one bedroom, 800 for two and 1,000 for three
- The 10 ft side yard is for dwellings only; any other principal building takes 30 ft on each side
Restricted Commercial District - The figures shown are for a single house, because this district exists to put non-retail commercial uses on lots compatible with the houses around them. A non-residential use states no lot minimum at all.
- A landscaped buffer at least 20 ft wide must be reserved and maintained by the owner wherever this district abuts a residential district
- A two-family dwelling needs at least 40,000 sq ft where a house needs 25,000, and at least 150 ft of width where a house needs 100, or 175 ft on a corner where a house needs 135
- A building of three or more dwelling units is sized at 11,000 sq ft per unit and set back 30 ft from every property line instead of by separate front, side and rear yards
- Its width is 100 ft for the first unit plus 20 ft for each one after, and never needs to exceed 200 ft
- Minimum dwelling size runs 700 sq ft for a studio or one bedroom, 800 for two and 1,000 for three
- The 10 ft side yard is for dwellings only; any other principal building takes 30 ft on each side
Commercial District - No side yard is required between commercial lots, but any side yard actually provided must be at least 5 ft, and against a lot in a residential district the side yard becomes 30 ft and the rear yard likewise.
- A side yard used for vehicular ingress and egress must be at least 12 ft, and one used for both at least 25 ft
- The 45,000 sq ft minimum and the 100 ft frontage are floors: a lot must also be large enough for its buildings, parking, loading, stacking, landscaping and yards, and coverage is settled the same way
- A landscaped buffer at least 20 ft wide must be reserved and maintained by the owner wherever this district abuts a residential district
- A building of three or more dwelling units is sized at 11,000 sq ft per unit and set back 30 ft from every property line instead of by separate front, side and rear yards
- Where such a building fronts a private drive inside a group development that 30 ft is measured from the edge of the pavement
- Minimum dwelling size runs 700 sq ft for a studio or one bedroom, 800 for two and 1,000 for three
Commercial District - The front yard is measured from the edge of the paved road, not the lot line, and it depends on whose road it is: 50 ft on a Town road and 65 ft on any state or county highway, a margin reserved for future street widening and traffic growth.
- The rear yard rises to 30 ft against a residential district
- The 45,000 sq ft minimum and the 150 ft frontage are floors: a lot must also be large enough for its buildings, parking, loading, stacking, landscaping and yards, and coverage is settled the same way
- A landscaped buffer at least 20 ft wide must be reserved and maintained by the owner wherever this district abuts a residential district
- A building of three or more dwelling units is sized at 11,000 sq ft per unit and set back 30 ft from every property line instead of by separate front, side and rear yards
- Its width is 100 ft for the first unit plus 20 ft for each one after, and never needs to exceed 200 ft
- Minimum dwelling size runs 700 sq ft for a studio or one bedroom, 800 for two and 1,000 for three
Industrial District - The 10 ft side and rear yards apply between industrial lots; against a residential district both rise to 50 ft, and a landscaped buffer at least 50 ft wide must be reserved and maintained by the owner wherever this district abuts one.
- The 45,000 sq ft minimum and the 100 ft frontage are floors: a lot must also be large enough for its buildings, parking, loading, stacking, landscaping and yards, and coverage is settled the same way
- Every required front and side yard must be landscaped to screen the premises
- All open storage of equipment, machinery, unlicensed vehicles, building materials and scrap must be screened from any public way
- A dwelling is reachable here only by special permit
Industrial District - The 10 ft side and rear yards apply between industrial lots; against a residential district both rise to 100 ft, and a landscaped buffer at least 100 ft wide must be reserved and maintained by the owner wherever this district abuts one.
- The 45,000 sq ft minimum and the 100 ft frontage are floors: a lot must also be large enough for its buildings, parking, loading, stacking, landscaping and yards, and coverage is settled the same way
- Open storage must be screened from any public way
- A dwelling, an adult use, a junkyard and a demolition-debris or hazardous-waste landfill are reachable here only by special permit
Manufactured Home Park District - Every figure shown is borrowed from R-C: § 450-24E sets the minimum lot sizes, minimum yards, buildings and structures, buffers and landscaping and site plan review for single-, two- and multiple-family dwellings to be the same as R-C's.
- No park may be established without a Town permit, and every new park must meet the state building code and National Fire Protection Association standards
- Any enlargement must meet current standards, and redesigning more than 15% of the home sites forces the whole existing park up to current standards
- A manufactured home already in a park that predates this section may stay where it is even though the land is not in this district
Recreational Vehicle and Campground Park District - This district publishes no lot area, lot width, yard, height or coverage standard. Approval runs through the Town Board and lapses 120 days after it is granted unless a building permit is taken out.
- Approval can be extended to two years, but only against whatever standards are in force by then
- Tents may not be pitched for campers anywhere in the town outside this district, except by family or guests, without charge, for no more than 30 days
ADUs vs. short-term rentals in Newstead
Short-term rentals allowed with local rules for Town of Newstead. Short-term rentals need Town registration and a permit under Ch. 305, Article I, adopted 12-14-2020. 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 minimum0.57–1.03 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Zoning codeecode360.com/6420916
- Building dept(716) 542-4573
ADU FAQ — Newstead, NY
Are ADUs allowed in Newstead, NY?
Town of Newstead has 11 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (716) 542-4573.
Do I need a special permit for an ADU in Newstead?
No. No district in Town of Newstead permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (716) 542-4573 before ruling it out.
Can I use an ADU as a short-term rental in Newstead?
Short-term rentals allowed with local rules for Town of Newstead. 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 Newstead
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 Newstead, priced by size.
How we know this
- Sections analyzed
- § 450-7A · § 450-8A · §§ 450-15 to 450-25
- Districts confirmed
- 11 of 11 — 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 Newstead: 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 Newstead 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) 542-4573 before relying on any answer. Source: the Offsite / Aldo zoning dataset.