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Irondequoit, NY Accessory Structures: ADU Rules (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified October 2026

ADU rules in Irondequoit, NY, also called accessory dwelling unit regulations or granny flat ordinances, cover setbacks, owner-occupancy, parking, and permit requirements.

Key Facts

Units allowed
One additional in-law dwelling unit, attached or detached
Approval needed
Special use permit granted by the Town Board
Districts
R-R, R-1, R-2 and R-3 Residential
Height limit
Not to exceed 30 feet for a single-family dwelling
Lot coverage
Principal and accessory buildings no more than 25% of the lot
Site plan
Planning Board approval required under Article XV

Summary

In the Town of Irondequoit, § 235-8B(1)(d) allows one additional in-law dwelling unit, attached or detached, in the R-R, R-1, R-2 and R-3 Districts only with a special use permit from the Town Board. The unit is subject to the bulk rules of §§ 235-9, 235-10 and 235-11 and needs Planning Board site plan approval.

(1) In the R-R, R-1, R-2 and R-3 Residential Districts, the following uses are permitted only if a special use permit is granted by the Town Board: ... (d) One additional in-law dwelling unit, attached or detached, subject to the bulk regulations provided in §§ 235-9, 235-10 and 235-11. ... (d) Projects requiring site plan approval. Application to the Planning Board for site plan approval will be required for any proposed conditional use that involves the creation of an additional in-law dwelling unit (accessory apartment or detached accessory structure), the construction or installation of a new principal structure, and/or any development classified as an "unlisted" or a "Type I" action under the State Environmental Quality Review Act (SEQRA), in accordance with Article XV of this chapter.

Full Breakdown

The Town of Irondequoit does not use the term accessory dwelling unit. Its code allows one additional in-law dwelling unit, attached or detached, as a conditional use in the R-R, R-1, R-2 and R-3 Residential Districts. Section 235-8B(1) permits it only if a special use permit is granted by the Town Board, and the unit is subject to the bulk regulations in §§ 235-9, 235-10 and 235-11.

Those bulk sections carry printed numbers. Section 235-9 caps a single-family dwelling at the height of a two-story residential building measured from the mean grade at the front setback, not to exceed 30 feet. Section 235-10 limits the area of the principal and accessory buildings on a lot to 25% of the lot area. Section 235-11 sets a minimum front yard of at least 30 feet in R-1, R-2 and R-3 and a rear yard depth of 30 feet between the rear lot line and the principal structure. In R-R, the front setback is at least 50 feet and no more than 75 feet and the rear yard depth is 50 feet.

Section 235-8B(2) sets the process: application to the Department of Community Development, a Town Board resolution acknowledging the complete application and setting a public hearing, referral to the Planning Board and other agencies, and a decision once the hearing is closed. Section 235-8B(2)(d) adds that Planning Board site plan approval is required for any proposed conditional use that involves creating an additional in-law dwelling unit, described in the code as an accessory apartment or detached accessory structure, in accordance with Article XV.

Garage apartments have their own limit. Under § 235-13D(4), an attached garage can provide living quarters on the second floor but cannot create a second dwelling unit, and no business, occupation, service or residence is permitted in a private garage. In the Town of Irondequoit, a second unit has to go through the in-law special use permit rather than being added informally above a garage.

Violations & Fines

Creating a second dwelling unit without the special use permit is a zoning violation under § 235-102, punishable by a fine not to exceed $350 or imprisonment not to exceed six months, or both, for a first offense. A second offense within five years carries $350 to $700, and a third carries $700 to $1,000. Each week of continued violation counts separately.

Frequently Asked Questions

Can I add an in-law apartment on my property in the Town of Irondequoit?
Yes, as one additional in-law dwelling unit, attached or detached, with a special use permit from the Town Board under § 235-8B(1)(d). It must also meet the bulk regulations in §§ 235-9, 235-10 and 235-11 and get Planning Board site plan approval.
Can I convert the space over my garage into an apartment?
Not by itself. Section 235-13D(4) says an attached garage can provide living quarters on the second floor but cannot create a second dwelling unit. A true second unit has to be approved as an in-law dwelling unit through the Town Board special use process.
Does a detached in-law unit need site plan approval?
Yes. Section 235-8B(2)(d) requires Planning Board site plan approval for a conditional use that involves creating an additional in-law dwelling unit, whether an accessory apartment or a detached accessory structure, under Article XV of the zoning chapter.
How much of my lot can be covered once I add a second unit?
Section 235-10 limits the area of the principal and accessory buildings on a lot, measured horizontally, to 25% of the lot area. The in-law unit counts toward that cap together with the house, garage and other accessory structures.

Sources & Official References

Other rules in Irondequoit

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How Irondequoit compares: Easiest Cities to Build an ADU·New York rules heatmap·Compare Irondequoit to another location·View the New York accessory structures overview

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