Not the same as the Town of Phelps. 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. See the Town of Phelps page. Check which one is on your property tax bill.
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.
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 | Yes, a new detached unit or a converted existing accessory building |
| Inside or attached | Yes, one attached unit |
| Size limit | Up to 720 sq ft gross floor area (400 sq ft or less follows Appendix Q) |
| Bedrooms | 2 |
| Owner must live on site | Yes. One unit is an owner's principal residence; proof may be required at renewal |
| How approval works | Planning Board special use permit plus site plan review; then building permit and certificate of occupancy |
| Other rules | Allowed in every district where a single-family home is allowed. The ADU needs its own water service and its own sewer or septic connection, not run through the house. You also need an engineer's report on septic and well, and one extra parking space. Lot coverage (the share of the lot under buildings) can grow by no more than 10%. |
Code section: §175-10.19 Accessory dwelling units. March 10, 2025 (Local Law 1 of 2025)
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
- The text caps each type at one (attached, new detached, conversion); confirm whether more than one ADU per lot is allowed in practice
Before you spend money on drawings
- Confirm the Village 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
General information, not legal advice. The Village of Phelps decides what can be built on your property.