What “not addressed” means

Zoning codes list the uses allowed in each district. Some say outright that any use they don’t list is prohibited. If an accessory apartment isn’t listed, the code officer decides whether your project fits another listed use, needs a variance, or isn’t allowed. Some codes also allow only one home or one main building on a lot, so a separate unit can get a harder answer than one inside the house.

Routes that sometimes exist

  • A two-family dwelling. Some districts allow two-family homes. Converting part of a house or adding on can qualify, with different rules than an ADU.
  • A conversion section. Some codes let an existing house become a two-family home by special permit, with size limits. The Town of Williamson’s (§178-29) applies only in its A-1, MU-1 and MU-2 districts.
  • A second main building after site plan review. A few codes let a lot hold more than one main building once the planning board has signed off on a site plan, such as the Town of Walworth (§180-22) and the Village of Red Creek (§143-34). Whether that covers a second home is the municipality’s call.
  • A use variance. The zoning board of appeals can grant one, but New York sets a high bar for use variances. It isn’t a likely route for most homeowners.
  • A rule change. Towns do add ADU rules, often after residents ask. Your letter can be part of that.

A letter you can send

Send it to the code enforcement officer or building department. Keep a copy, and ask for the answer in writing.

Dear Code Enforcement Officer,

I own the property at [street address], tax map number [number], in the [zoning district, if known] district. I am considering a small accessory apartment for [a family member / a long-term tenant / my own use]: [inside the house / attached to the house / a separate building of about ___ square feet].

Could you tell me in writing whether the zoning code allows this, which approvals it would need (building permit, special use permit, site plan review, variance), and the code sections that apply? If it is not allowed, is there another route, such as a two-family dwelling, that the town would consider?

Thank you,
[Your name, phone and email]

Municipalities with no ADU rules we could find

From our register; each links to its county table with the code we read and the date.

General information, not legal advice. Your municipality decides.