Spencerport allows a temporary in-law apartment for specified relatives by zoning board permit.
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 | No under the in-law route |
| Inside or attached | Yes, in R-1 and single-family parts of a PRD |
| Size limit | 900 sq ft inside an existing structure; 700 sq ft for an addition |
| Bedrooms | Not stated in the code we read |
| Owner must live on site | Yes; specified relatives only |
| Who may live there | Family members only; it cannot be rented to the public |
| How approval works | Temporary Zoning Board of Appeals special use permit; recorded with the county |
| Other rules | The apartment shares utility meters with the house and needs one more parking space. The permit is checked at five years, an inspector can renew it for five more, and after ten years it goes back to the zoning board. When no eligible relative lives there anymore, the permit ends and the added kitchen must come out within six months. |
Code section: §340-9I; §340-9G (Spencerport residential regulations)
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 Village of Spencerport 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 Village of Spencerport decides what can be built on your property.