Not the same as the Village of Phelps. The Village of Phelps is one of the most open in the county: attached, new detached or converted outbuilding, up to 720 sq ft and two bedrooms, owner on site, by Planning Board special permit. Each unit needs its own water and sewer hookup. See the Village of Phelps page. Check which one is on your property tax bill.
The Town of Phelps allows an attached ADU or a converted outbuilding, up to 720 sq ft and two bedrooms, with the owner on site, by zoning board special 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.
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 | Conversion of an existing detached accessory building only; new detached construction is not mentioned |
| Inside or attached | Yes, one attached unit |
| Size limit | Up to 720 sq ft gross floor area (units of 400 sq ft or less follow Appendix Q of the NYS Residential Code) |
| Bedrooms | 2 |
| Owner must live on site | Yes. One unit is the principal residence of an owner (rules also cover LLCs and trusts) |
| How approval works | Zoning Board of Appeals special use permit plus site plan review |
| Other rules | Allowed in every district where a single-family home is allowed. You need an engineer's report on septic and well (plus a water test if you're on a well), a separate water service connection, a separate outside entrance and one extra parking space. Lot coverage (the share of the lot under buildings) can grow by no more than 10%. The town lists rental housing and aging in place among the rule's goals. |
Code section: §145-20.3 Accessory dwelling units. July 15, 2024 (Local Law 5 of 2024)
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
- Whether a brand-new detached ADU can be approved
- The text says 'one or more' conversion units; confirm the per-lot maximum
Before you spend money on drawings
- Confirm the Town of Phelps 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
- Town of Phelps code: §145-20.3 Accessory dwelling units · official source
General information, not legal advice. The Town of Phelps decides what can be built on your property.