Penfield allows a connected in-law apartment for relatives with a building permit. No backyard cottage and no unrelated tenants.
The code describes a way to approve an ADU with a permit, without a special public hearing for the ADU itself.
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
Have a Penfield street address? Try the property-report pilot. It matches the Town’s published parcel and zoning layers, then explains the reviewed RA-2 rules. Other districts and uncertain matches need a separate check.
| What the code says | Allowed with a permit (family only) |
|---|---|
| Detached (backyard) unit | No under the in-law route |
| Inside or attached | Yes, an in-law apartment connected inside the house |
| Size limit | No more than 30% of the total area of the residence |
| Bedrooms | None stated in §250-5.1D |
| Owner must live on site | Family occupancy affidavit, re-verified every three years; a change of ownership ends the permission |
| Who may live there | Family members only; it cannot be rented to the public |
| How approval works | Building permit for a compliant in-law apartment |
| Other rules | One apartment, connected to the rest of the house on the inside. The apartment can't have its own driveway or garage. |
Code section: §250-5.1D(1)(a)-(f) (Penfield residential-district in-law apartments)
What this means for your plans
- 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.
Before you spend money on drawings
- Confirm the Town of Penfield 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 Monroe 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 Penfield code: §250-5.1D(1)(a)-(f) (Penfield residential-district in-law apartments) · official source
- Penfield definitions, §250-2.2, IN-LAW and IN-LAW APARTMENT
- Penfield Local Law 3-2026 (April 1, 2026): a cannabis dispensary amendment to §250-13.12, no ADU change
- Town of Penfield building or code office
General information, not legal advice. The Town of Penfield decides what can be built on your property.