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 City of Batavia. The City of Batavia allows an in-house ADU in owner-occupied homes in R-1 by special permit; garage conversions are not allowed. See the City of Batavia page. Check which one is on your property tax bill.
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.
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.
The unit is limited to family members, so it cannot be rented to the public.
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 (family only) |
|---|---|
| Detached (backyard) unit | Temporary ECHO unit only, by special use permit in AG-R (§235-51) |
| Inside or attached | Not addressed |
| Size limit | ECHO unit: 300 to 1,000 sq ft, one story or 16 ft |
| Bedrooms | Not applicable |
| Owner must live on site | At least one occupant 60 or older and any other at least 55, related to the main household by blood, marriage or adoption; at most two occupants |
| Who may live there | Family members only; it cannot be rented to the public |
| How approval works | Special use permit that names the occupants and does not run with the land; annual recertification; removal within 90 days after occupancy ends |
| Other rules | One ECHO unit per lot; Genesee County Health Department documentation that water and wastewater are adequate. |
Code section: §235-51 ECHO unit
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.
- Only family members can live in the ADU, so it can’t be rented for income. Think about what it becomes when family no longer needs it.
What we’re still confirming
- Any ECHO or accessory-apartment route outside AG-R
Before you spend money on drawings
- Confirm the Town 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.
- On septic or a well? Ask the Genesee County health department whether the system can serve an extra bedroom. On public sewer? Ask your sewer district.
Our guides explain the approval process, site and utility checks and what an ADU costs.
Sources
- Town of Batavia code: §235-51 ECHO unit · official source
- Town of Batavia code (eCode360)
General information, not legal advice. The Town of Batavia decides what can be built on your property.