New York · Genesee County
ADU rules in Genesee County, town by town
New York has no statewide ADU law, so each town, village and city writes its own rules. We’ve checked 7 municipal codes in Genesee County so far. 4 of them describe a current way to approve an ADU or accessory apartment.
A village has its own zoning, separate from the town around it, and a ZIP code can cover both. Check which government is on your property tax bill. This table is a screening guide, not a permit answer: your zoning district and your lot decide. Codes change, so confirm with the code office before you spend money.
| Municipality | What the code says | Detached unit? | Size limit | Owner on site? | Checked |
|---|---|---|---|---|---|
| City of Batavia | Allowed with a special use permit | Not addressed; garages may not be converted | Code doesn’t say | Yes (owner-occupied homes only) | October 3, 2026 |
| Town of Batavia | Allowed with a special use permit (family only) | Temporary ECHO unit only, by special use permit in AG-R (§235-51) | ECHO unit: 300 to 1,000 sq ft, one story or 16 ft | At least one occupant 60 or older and any other at least 55, related to the main… | October 13, 2026 |
| Town of Bergen | No ADU rules yet Not confirmed yet | Not addressed | Code doesn’t say | Code doesn’t say | October 3, 2026 |
| Town of Le Roy | No ADU rules yet Not confirmed yet | Not addressed | Code doesn’t say | Code doesn’t say | October 3, 2026 |
| Village of Le Roy | No ADU rules yet Not confirmed yet | Not addressed | Code doesn’t say | Code doesn’t say | October 3, 2026 |
| Village of Oakfield | Allowed with a special use permit | No. Not allowed in an accessory building | No more than 25% of the building's floor area and no more than 600 sq ft | Yes. The owner's primary residence is one of the units | October 3, 2026 |
| Town of Stafford | Limited apartment allowed | Likely not: one principal building and one principal use per lot in A-R and R (§182-12A) | Code doesn’t say | Code doesn’t say | October 13, 2026 |
Dates link to the code we read. “No ADU rules yet” means we found no ADU rules in the code. That isn’t permission, and some codes allow only one home or one main building on a lot: here’s what to do.
Room for what comes next
Planning an ADU in Genesee County?
Understand the rules, compare your options and make a list of questions for your municipality.