ADU · Erie County
Can you build an ADU in Depew, NY?
Village of Depew has 2 districts. All districts allow ADUs with occupancy restrictions. Check your address to confirm the district that applies to your parcel:
What the Depew 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 |
|---|---|---|---|---|
| R-1 Single-Family Residential District | 0.152 ac | 25 / 6 / 25 ft | 30 ft | Occupancy restricted |
| R-2 Two-Family Residential District | 0.152 ac | 25 / 6 / 25 ft | 30 ft | Occupancy restricted |
ADUs vs. short-term rentals in Depew
No local short-term-rental law on record - which is not the same as permission for Village of Depew. No local short-term-rental law found for the Village of Depew as of 2026-08-06; absence of a found law is not permission. New York State's 2025 STR registry (Ch. 99 of the Laws of 2025) separately requires every host statewide to register through the Erie County registry. Confirm with the village at (716) 683-1400 before listing. 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 minimum0.152 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(716) 683-1400
- Last reviewed2026-08-06
ADU FAQ — Depew, NY
Are ADUs allowed in Depew, NY?
Village of Depew has 2 districts. All districts allow ADUs with occupancy restrictions. Check your address with the free ADU checker, or confirm with the building department at (716) 683-1400.
Do I need a special permit for an ADU in Depew?
No district in Village of Depew requires a special-use permit for an ADU - 2 districts allow ADUs with occupancy restrictions. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Depew?
No local short-term-rental law on record - which is not the same as permission for Village of Depew. 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 Depew
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 Depew, priced by size.
More on Depew: Full zoning for new construction · ADU build cost · House build cost · All Erie County towns
ADU information for Village of Depew 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) 683-1400 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.