We read this municipality’s code, but parts of our finding still need confirming. Treat it as a starting point and confirm with the code office.
Not the same as the Town of Batavia. The Town of Batavia allows a temporary elder cottage (an ECHO unit) by special use permit in its AG-R district, for a relative aged 60 or older. It isn’t a general ADU rule. The permit names the people who live there and doesn’t pass to a new owner. See the Town of Batavia page. Check which one is on your property tax bill.
The City of Batavia allows an in-house ADU in owner-occupied homes in R-1 by special permit; garage conversions are not allowed.
The code allows an ADU only with a special use permit, which a board must approve, usually after a public hearing. Approval is not automatic.
Whether any of this applies to your lot depends on your zoning district and your property.
The rules we found
| What the code says | Allowed with a special use permit |
|---|---|
| Detached (backyard) unit | Not addressed; garages may not be converted |
| Inside or attached | Yes, in an owner-occupied single-family home; no changes to the front and no front entrance |
| Size limit | Not found |
| Bedrooms | Not found |
| Owner must live on site | Yes (owner-occupied homes only) |
| How approval works | Special use permit in the R-1 district |
| Other rules | The ADU needs one parking space. |
Code section: §190-37 Special use permits (accessory dwelling units). October 25, 1999
What this means for your plans
- Expect a public hearing where neighbors can speak, and a board decision that can take a few months. How special use permits work.
- The owner has to live on the property. If you plan to move away, spend winters somewhere else or sell, read the owner rule above closely. Renting and owner rules.
What we’re still confirming
- Size limits in the definition
- Which board issues the permit
Before you spend money on drawings
- Confirm the City of Batavia governs your lot: it should be the municipality on your property tax bill.
- Find your zoning district on the municipal zoning map; the rules above can differ by district.
- Call or write the code office with your address and what you’re picturing, and ask for the answer and the code section in writing.
- Ask the city’s water and sewer office how the ADU would connect and whether connection fees apply.
Our guides explain the approval process, site and utility checks and what an ADU costs.
Sources
General information, not legal advice. The City of Batavia decides what can be built on your property.