Rochester permits accessory dwelling units (ADUs) in residential zones under Chapter 120 (Zoning Code) of the City Code, with a building permit, zoning compliance certificate, and conformance with the 2020 NY State Uniform Code (19 NYCRR Part 1220 et seq.) required. The city operates an ADU pilot program offering reimbursement of city fees and indirect costs up to $20,000.
Under Chapter 120 of the Rochester City Code (Zoning Code, adopted 2003 by Ord. 2002-326), accessory structures including ADUs are governed by Article XX, § 120-163. Detached accessory structures in R-1 and R-2 residential districts are limited to a maximum height of 15 feet and must be located in the rear yard with required side and rear setbacks per the underlying district. Applicants must obtain a building permit from the Bureau of Buildings and Zoning (Department of Neighborhood and Business Development) and a certificate of zoning compliance under § 120-189 before construction can begin. ADUs must comply with the New York State Uniform Fire Prevention and Building Code (19 NYCRR Parts 1219-1228), which adopts the International Residential Code and International Fire Code with NY amendments. The City launched an ADU pilot program in 2023 offering qualifying property owners reimbursement of up to $20,000 to offset city permit fees and indirect costs of constructing an interior, attached, or detached ADU. Plans typically require site plan, floor plan, structural details, and certification by a licensed NY design professional for units above a threshold size. Permit review typically takes 4-8 weeks.
Building an ADU without a permit triggers a stop-work order and a notice of violation from the Bureau of Buildings and Zoning. Penalties under Chapter 39 (Building Code) and Chapter 120 can include daily fines, mandatory removal or legalization, and disqualification from the ADU pilot reimbursement program. Unpermitted occupancy may also draw a NY State Uniform Code citation.
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