ADU · Erie County
Can you build an ADU in Hamburg, NY?
Town of Hamburg has 22 districts. 20 districts prohibit ADUs, 2 allow them with occupancy restrictions. Check your address to confirm the district that applies to your parcel:
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 |
|---|---|---|---|---|
| R-A Residential-Agricultural District | 2 ac | 40 / 30 / 50 ft | 35 ft | No |
| R-E Single-Family Residence-Estate District | 1 ac | 40 / 30 / 50 ft | 35 ft | Occupancy restricted |
| R-1 Single-Family Residence District | 0.689 ac | 35 / 10 / 30 ft | 35 ft | No |
| R-2 Single-Family Residence District | 0.689 ac | 35 / 10 / 30 ft | 35 ft | No |
| R-3 Multifamily District | 0.207 ac | 35 / 10 / 30 ft | 35 ft | No |
| R-4 General Residence, Mobile Home Court District | 0.1865 ac | 35 / 10 / 30 ft | 35 ft | No |
| NC Neighborhood Commercial General Residence District | 0.6887 ac | 35 / 10 / 30 ft | 35 ft | No |
| C-1 Local Retail Business District | — | 40 / 0 / 10 ft | 35 ft | No |
| C-2 General Commercial District | — | 40 / 0 / 10 ft | 35 ft | No |
| C-3 Office District | 1 ac | 40 / 25 / 20 ft | 85 ft | No |
| HC Hamburg Commercial District | — | 40 / 0 / 30 ft | 30 ft | No |
| WC Waterfront Commercial District | — | 30 / 0 / 30 ft | 30 ft | No |
| M-2 Light Industrial District | — | 40 / 15 / 10 ft | 50 ft | Occupancy restricted |
| M-3 General Industrial District | — | 40 / 10 / 10 ft | 50 ft | No |
| PRD Planned Residential Development District | 10 ac | - / 10 / - ft | 35 ft | No |
| PUD Planned Unit Development District | 10 ac | - / 10 / - ft | 65 ft | No |
| PR Park/Recreation Lands District | — | 50 / 15 / 15 ft | 35 ft | No |
| Fairgrounds District | — | 35 / 50 / 50 ft | 75 ft | No |
| CRI Camp Road Interchange District | — | 40 / 0 / 10 ft | — | No |
| AG Agricultural District | 2.87 ac | 50 / 15 / 50 ft | 35 ft | No |
| MU1 Mixed-Use District 1 | — | 0 / - / - ft | — | No |
| SIA Stadium Impact Area District (uncodified — L.L. No. 12-2026) | — | — | — | No |
R-4 General Residence, Mobile Home Court District — Lots inside a licensed mobile home court are dimensioned by Ch. 165 (Mobile Home Parks), not by this article (§ 280-53A, § 280-55A). Side yards: 10 ft each, and 25 ft combined where unsewered. Rear yard is 30 ft OR the height of the principal building, whichever is greater.
NC Neighborhood Commercial General Residence District — Side yard for a non-dwelling principal building is 30 ft or the building height, whichever is greater — 15 ft or half the height where it adjoins a non-R district (§ 280-63B(4)). Rear yard is 30 ft or the building height, whichever is greater. A three-or-more-family dwelling up to three stories must stand 50 ft from any property line.
C-1 Local Retail Business District — No side yard is required (§ 280-74B). Where one is provided it must be at least 5 ft; 40 ft where it abuts an R district; 12 ft where used for vehicular ingress OR egress and 25 ft for both. Rear yard along an R district boundary takes the side-yard figure. Principal structures are capped at 15,000 sq ft of base floor area (§ 280-69).
C-2 General Commercial District — No side yard is required (§ 280-85B); 5 ft where provided, and 20 ft OR the height of the principal building (whichever is greater) where it abuts an R district. 12 ft where used for vehicular ingress or egress, 25 ft for both. Intended for regional-scale commercial up to 100,000 sq ft (§ 280-80).
C-3 Office District — Two side yards are required, 25 ft each (§ 280-94B). Rear yard is 20 ft or the height of the principal building, whichever is greater, and 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. C-3 has NO lot-coverage standard — the 85 ft height is the tallest by-right limit in the Town.
HC Hamburg Commercial District — No side yard is required (§ 280-104B); 5 ft where provided, 20 ft or the building height where it abuts an R district, 12 ft for vehicular ingress or egress and 25 ft for both. The 30 ft rear yard must carry a Planning-Board-approved visual buffer — a planted berm, evergreen hedge, or a fence at least 8 ft high.
WC Waterfront Commercial District — No side yard is required (§ 280-114B); 5 ft where provided, and 20 ft or the height of the principal buildings where it abuts an R district. Accessory buildings may reach two stories and 30 ft — the same height as a principal building.
M-2 Light Industrial District — Front yard rises to 50 ft opposite an R district or where used for accessory parking. Side yard rises to 50 ft or the height of the principal building (whichever is greater) against an R district boundary; the rear yard then takes the side-yard figure. § 280-127 states NO minimum lot size and § 280-128 NO maximum height — the 50 ft recorded here is the by-right ceiling, above which a special use permit is required under § 280-318, with no stated upper limit.
M-3 General Industrial District — Front yard rises to 50 ft opposite an R district or where used for accessory parking. Side yard rises to 75 ft or the building height against an R district and 25 ft against a C district; the rear yard takes the side-yard figure against either. § 280-134 states NO minimum lot size and § 280-135 NO maximum height — 50 ft is the by-right ceiling, above which § 280-318 requires a special use permit with no stated upper limit. The Planning Board may require greater setbacks and screening depending on the use.
PRD Planned Residential Development District — The 10-acre figure is the minimum size of the PRD ITSELF, not of a lot within it (§ 280-142B(1)). Lots inside the PRD may meet the requirements of ANY 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 — see those districts. 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 (§ 280-142C). Gross density follows from the lot, setback and open-space rules rather than a stated cap, 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.
PUD Planned Unit Development District — The 10-acre figure is the minimum size of the PUD ITSELF (§ 280-145A(1)). Residential lot minimums inside it come from the cluster development laws; minimums for nonresidential or multifamily uses are set on Planning Board recommendation, so no single lot minimum exists. No required yards, subject to the approved concept and development plans and consistent with any adjoining R, C or M district; side yards typically not less than 10 ft absent a Building Department waiver (§ 280-147).
PR Park/Recreation Lands District — Side and rear yards are stated ONLY as conditions on the neighbouring district: the recorded 15 ft is the figure along a NONRESIDENTIAL district boundary, and both rise along an R district boundary — side to 25 ft and rear to 50 ft (§ 280-215B, C). Lot area is whatever the permitted public facility needs to accommodate its buildings, parking, loading, landscaping and yards, and maximum coverage by structures is set the same way, so neither is a fixed number (§ 280-214).
Fairgrounds District — The setbacks are not ordinary yards. The 35 ft is a no-build line measured from the right-of-way of four NAMED streets — McKinley Parkway, Quinby Drive, Clark Street and South Park Avenue — and the 50 ft applies to any adjoining property line, recorded here as both side and rear (§ 280-220.6). The minimum lot size and the 75% coverage cap apply ONLY to hotels, motels and other uses subdivided out of the main Fairgrounds; both are expressly "not applicable" to fairground property uses themselves (§§ 280-220.4, 280-220.5), and for those subdivided uses lot area follows building size, parking and landscaping rather than a fixed figure.
CRI Camp Road Interchange District — Every null here is a PUBLISHED answer, not a gap: § 280-220.13 states there are no minimum lot size requirements, § 280-220.14 no maximum height limitation, § 280-220.15 no minimum or maximum lot coverage requirement, and § 280-220.16B sets lot width at the building line to "none" — a project must instead meet setback, landscaping and aesthetic requirements. The required yards are measured against a government-owned (Town, county or state) road. No side yard is required; 5 ft where provided. Rear yard rises to 50 ft or the height of the principal building, whichever is greater, where it abuts a residential district. Amended 12-16-2024 by L.L. No. 14-2024.
AG Agricultural District — The 15 ft side yard is the figure for DWELLINGS; another principal building takes 30 ft if single-storey and 45 ft if two-storey (§ 280-220.28B). Front yard is measured from the edge of the right-of-way. Rear yard is 50 ft from a main building but 15 ft from an accessory building. The 6-acre variant covers a two-family dwelling in a mixed-use building OR two single-family dwellings on one lot; all other uses are governed by setbacks rather than a lot minimum. Farm buildings have NO height limit and other principal buildings are regulated by the yard requirements instead (§ 280-220.26B, C).
MU1 Mixed-Use District 1 — MU1 IS A FLOATING ZONE (§ 280-406A) — created in the code but attached to land only through a specific rezoning, so it appears on the map only where the Town Board has placed it. L.L. No. 12-2026 (2026-08-10) did exactly that for roughly 28 parcels, moving them from HC, NC, R-2, C-2 and C-3 into MU1; that law is UNCODIFIED, so eCode360 shows the article but not the parcels. The zero front setback is a deliberate main-street build-to rule: § 280-409E sets no minimum front setback and asks new structures to abut the front walkway, except that an existing house-form structure keeps its original front building line, extra depth may be allowed for outdoor eating or display, and parking in front is discouraged. Side and rear setbacks are null because § 280-409D states they are "dependent on adjoining uses and the approved plan". The article states NO height limit. Residential use may mix two-family and multifamily, with the ratio set by the Town Board through the rezoning. Bulk amended 7-7-2025 by L.L. No. 3-2025.
SIA Stadium Impact Area District (uncodified — L.L. No. 12-2026) — EVERY DIMENSION HERE IS NULL BECAUSE THE DISTRICT PUBLISHES NO PARCEL-LEVEL STANDARD, NOT BECAUSE IT IS UNREAD. SIA is a form-based master-plan district around the Buffalo Bills Highmark Stadium, and its setbacks and heights attach to STREET TIER rather than to a lot — a tier that does not exist until the applicant designs the street network the law requires. Tier 1 access streets: 15 ft minimum / 30 ft maximum setback, hotels to six storeys and 70 ft, other uses four storeys and 55 ft. Tier 2 pedestrian-focused streets: 0 ft minimum / 20 ft maximum, same heights, 12 ft minimum ground floor. Tier 3 neighbourhood streets: 10 ft minimum / 30 ft maximum, three storeys maximum. THOSE PAIRS ARE MINIMUM AND MAXIMUM, NOT TWO CONDITIONS — the upper figure is a build-to ceiling. 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. There is no lot area, lot width or lot coverage standard anywhere in the article; the only area rule is a district-wide minimum of 10% of gross site area as usable open space, which is NOT a 90% coverage cap. A 200 ft landscaped buffer is required along edges adjoining R1 and R2 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. No local short-term-rental law found in the Town of Hamburg as of 2026-08-26 — note the Village of Hamburg is a separate jurisdiction and DOES legislate short-term rentals by name. The Town regulates only a related use: § 280-332, added 2-22-1999 by L.L. No. 3-1999, allows a bed-and-breakfast or tourist home solely by special permit, and requires the applicant to be the owner and full-time resident with the use subordinate to the residential use and all guestrooms inside the principal structure. That does not reach an unhosted whole-house rental. Zoning Chapter 280 was amended in 2026 by L.L. Nos. 10-2026 and 12-2026, so confirm the current text. 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 Hamburg at (716) 649-6111 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 minimum0.1865–10 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Building dept(716) 649-6111
- Last reviewed2026-08-27
ADU FAQ — Hamburg, NY
Are ADUs allowed in Hamburg, NY?
Town of Hamburg has 22 districts. 20 districts prohibit ADUs, 2 allow 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 - 20 districts prohibit ADUs, 2 allow 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.
More on Hamburg: Full zoning for new construction · ADU build cost · House build cost · All Erie County towns
ADU information for Town of Hamburg is compiled from the municipal code (last reviewed 2026-08-27) 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: Offsite / Aldo zoning dataset, municipalData.js.