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Irondequoit, NY Accessory Structures: Tiny Homes (2026)

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

Tiny home rules in Irondequoit, NY, covering tiny houses on wheels (THOWs), park model RVs, and tiny home on foundation builds, determine where they are legal and how they get permitted.

Key Facts

Approval needed
Special use permit granted by the Town Board
Districts
R-R, R-1, R-2 and R-3 Residential
Definition
Meets the New York State Residential Code definition
Setbacks
Set by the Planning Board during site plan review
Minimum size exception
Approved tiny house exempt from § 235-12 minimums
Application filed with
Department of Community Development

Summary

In the Town of Irondequoit, § 235-8B lists a "tiny house" as a conditional use in the R-R, R-1, R-2 and R-3 Districts, permitted only with a special use permit from the Town Board. Setbacks are set by the Planning Board during site plan review, and an approved tiny house is exempt from the minimum building size table.

(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: ... (c) "Tiny house"; and ... (d) Projects requiring site plan approval. ... For proposed tiny houses, the Planning Board's discretion to establish required setbacks during site plan review and/or the Town Engineer.

Full Breakdown

The Town of Irondequoit treats a tiny house as a conditional use, not a by-right home. Section 235-4 defines TINY HOUSE as a residential structure that meets the definition set forth in the New York State Residential Code, currently or as amended. Section 235-8B(1)(c) then places the "tiny house" on the list of uses permitted in the R-R, R-1, R-2 and R-3 Residential Districts only if a special use permit is granted by the Town Board.

The approval path follows § 235-8B(2). The applicant files with the Town's Department of Community Development, the Town Board adopts a resolution acknowledging receipt of the complete application and sets a public hearing date, the application is referred to the Planning Board and any other required agency for comment, and the Board decides after the hearing is closed.

Setbacks are not fixed by a table for tiny houses. Section 235-8B(2)(d) states that for proposed tiny houses the Planning Board has discretion to establish required setbacks during site plan review, with the Town Engineer involved. That differs from standard dwellings, where § 235-11 prints 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. Site plan approval under Article XV is also required where a conditional use involves a new principal structure or an unlisted or Type I action under the State Environmental Quality Review Act.

One size rule is lifted. Section 235-12A prohibits any residential building from having less than the minimum total floor area and ground floor area printed in its district table, except for an approved tiny house. A tiny house approved by the Town Board therefore does not have to meet those minimums. The "approved" wording matters: the exemption belongs to a tiny house that has cleared the special use process.

Violations & Fines

Building or occupying a tiny house 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 is a separate violation.

Frequently Asked Questions

Can I build a tiny house on my lot in the Town of Irondequoit?
Only in the R-R, R-1, R-2 and R-3 Districts and only after the Town Board grants a special use permit under § 235-8B(1)(c). The Planning Board also reviews the site plan where required, and it has discretion to set the setbacks for a tiny house.
What counts as a tiny house under the code?
Section 235-4 defines it as a residential structure that meets the definition set forth in the New York State Residential Code, currently or as amended. The Town does not print its own square footage cap in the definition.
Does a tiny house have to meet the minimum dwelling size?
No, if it is approved. Section 235-12A sets minimum total floor area and ground floor area by district for residential buildings, except for an approved tiny house, which is carved out of that table.
Who sets the setbacks for a tiny house?
The Planning Board has discretion to establish required setbacks during site plan review under § 235-8B(2)(d), with the Town Engineer involved. The fixed front, side and rear yard figures in § 235-11 are the standards for ordinary principal buildings.

Sources & Official References

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