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.
Gorham allows an in-house apartment of 300 to 800 sq ft by special permit, renewed every five years, with the owner living on site. No backyard cottages.
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.
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 |
|---|---|
| Detached (backyard) unit | No. The apartment must be inside the house, sharing at least 25% of a wall |
| Inside or attached | Yes |
| Size limit | 300 to 800 sq ft, and no more than 35% of the house |
| Bedrooms | 2 |
| Owner must live on site | Yes |
| How approval works | Planning Board special use permit; renewed every five years after a zoning officer inspection |
| Other rules | Allowed in any residential district. The entrance goes on the side or back. You need at least three off-street parking spaces, and no new driveway is allowed. The health department must approve water and septic before the permit is issued. |
Code section: Zoning Local Law §31.9.2 Accessory apartment. Zoning law adopted Feb 21, 2001; PDF says updated March 14, 2017
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.
What we’re still confirming
- Amendments after March 2017
- Whether a definition elsewhere limits occupants
Before you spend money on drawings
- Confirm the Town of Gorham 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 Gorham decides what can be built on your property.