The town allows a small backyard cottage or an in-law apartment for family only, by special permit, in its two rural districts. The cottage is legally temporary and is meant to be removed when family stops living there.
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 | Yes, in a detached accessory building (carriage house, garage or similar) under §135-83.4 |
| Inside or attached | Yes, a family/in-law apartment that is part of the main house under §135-83.1 |
| Size limit | Detached: 500 to 850 sq ft gross floor area. In-law apartment: no size cap found |
| Bedrooms | None stated (detached unit needs at least two rooms plus bath and kitchen) |
| Owner must live on site | Yes. An owner of record lives in one of the units |
| Who may live there | Family members only; it cannot be rented to the public |
| How approval works | Planning Board special use permit; Code Enforcement Officer issues it |
| Other rules | Allowed only in the AR-2 and RR-1 zoning districts, for at most two people related to someone in the main house. A detached unit counts as temporary and must be removed when family no longer uses it. It must hook into the house's electric and septic or sewer unless the board grants a hardship waiver. You need four off-street parking spaces, and the owner files a sworn statement every January 31. |
Code section: §135-83.4 Accessory residential dwellings (added 6-28-2021, L.L. 1-2021); §135-83.1 Family/in-law apartments. §135-83.4 added June 28, 2021 (Local Law 1 of 2021)
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
- How the Planning Board enforces the removal requirement for a permanent, well-built unit
- Whether the in-law apartment route allows an addition or only space inside the existing house
Before you spend money on drawings
- Confirm the Town of East Bloomfield 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 NYS Department of Health’s Geneva District Office (315-789-3030) 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 East Bloomfield decides what can be built on your property.