ADU · Erie County
Can you build an ADU in Evans, NY?
Town of Evans has 4 districts. All districts allow ADUs with a special-use permit. Check your address to confirm the district that applies to your parcel:
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 | 0.459 ac | 40 / 8 / 35 ft | 30 ft | Special permit |
| Residential District One-Lakefront | 0.918 ac | 50 / 20 / 50 ft | 35 ft | Special permit |
| Residential District Two | 0.23 ac | 25 / 5 / 30 ft | 30 ft | Special permit |
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. No local short-term-rental law found as of 2026-08-26. The Zoning Code regulates a related use at § 200-16.1, bed-and-breakfast establishments and tourist homes, within the residential districts article; its conditions have not been read against a whole-house rental and it does not name short-term rentals. Absence of a found STR law is not permission. New York State's 2025 short-term rental registry (Ch. 99 of the Laws of 2025) separately requires every host statewide to register the unit regardless of local law. Confirm with Town of Evans at (716) 217-3500 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 minimum0.23–1 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(716) 217-3500
- Last reviewed2026-08-06
ADU FAQ — Evans, NY
Are ADUs allowed in Evans, NY?
Town of Evans has 4 districts. All districts allow ADUs with a special-use permit. Check your address with the free ADU checker, or confirm with the building department at (716) 217-3500.
Do I need a special permit for an ADU in Evans?
Yes. Every district in Town of Evans requires a special-use permit for an ADU rather than allowing one as of right. Check the conditions attached to it 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.
More on Evans: Full zoning for new construction · ADU build cost · House build cost · All Erie County towns
ADU information for Town of Evans 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) 217-3500 before relying on any answer. Source: Offsite / Aldo zoning dataset, municipalData.js.