Rush allows a 400 to 800 sq ft apartment for relatives or household staff by special permit; new detached cottages are not covered.
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 | Only in a qualifying building that existed before June 1, 2002 |
| Inside or attached | Yes, an apartment or addition |
| Size limit | 400 to 800 sq ft; no more than 25% of the house when inside it |
| Bedrooms | 2 |
| Owner must live on site | Yes, at least nine months a year; occupants are relatives or domestic employees |
| Who may live there | Family members only; it cannot be rented to the public |
| How approval works | Planning Board special permit |
| Other rules | One apartment per one-family lot. The main house must be at least 1,600 sq ft, on a lot of at least 1 acre in the R-30 district or 3/4 acre in R-20. You need two more off-street parking spaces and no new driveway entrance from the road. The permit ends automatically if the owner moves out or transfers the property in a way that breaks the relative or household-staff rule. |
Code section: §120-61A–C (Rush supplementary regulations). Accessory-apartment provision added September 10, 2003 and amended April 26, 2023 (Local Law 4-2023).
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.
- 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
- This comes from our review of the code on September 16, 2026. Confirm with the town before you rely on it.
Before you spend money on drawings
- Confirm the Town of Rush 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
General information, not legal advice. The Town of Rush decides what can be built on your property.