ADU · Monroe County
Can you build an ADU in Gates, NY?
Town of Gates has 5 districts. 3 districts allow ADUs with occupancy restrictions, 2 do not. Check your address to confirm the district that applies to your parcel:
What the Gates code says
In R-1-15, R-1-11 and R-1-8, an in-law area or apartment inside a one-family house is a permitted accessory use. It may be occupied only by a resident member of the family that lives in the house, or by an in-law of that family.
Conditions the code attaches:
- § 190-92 lists the single-family dwelling and its accessory uses in these districts, and no special permit is listed for an in-law area.
- Under § 190-5 the in-law area must be located in a one-family dwelling and be clearly incidental, secondary or subordinate to the primary one-family residential use.
- The code sets no size, entrance, kitchen or approval standard beyond that definition, so confirm the details with the building department at (585) 429-8242 before designing one.
- In MR and TH the permitted uses do not include an in-law area, and § 190-218 prohibits any use not permitted outright or conditionally.
- Ch. 166, Article IV gives a partial tax exemption for living quarters built after 8-30-2000 for a parent or grandparent aged 62 or older in the owner's principal residence. Tax relief only.
What the Gates code indicates by district
The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.
| District | Min lot | Setbacks F / S / R | Max height | ADU |
|---|---|---|---|---|
| Single-Family Residence | 0.34 ac | 35 / 10 / 30 ft | 35 ft | Occupancy restricted |
| Single-Family Residence | 0.25 ac | 35 / 8 / 30 ft | 35 ft | Occupancy restricted |
| Single-Family Residence | 0.18 ac | 35 / 7 / 30 ft | 35 ft | Occupancy restricted |
| Multiple Residence District | 5 ac | 35 / 40 / 40 ft | 35 ft | No |
| Townhouse Residence District | 10 ac | 35 / 40 / 20 ft | 35 ft | No |
Single-Family Residence - The front setback depends on the class of street the lot fronts under § 190-36, not on the district, and a corner lot has two front yards, each set by the class of street that side fronts on.
- Minimum floor area is 1,750 sq ft for any dwelling other than a single-family house of one floor level; the 1,400 sq ft shown is the one-floor case.
- The side yard is 10% of the required lot width at the front setback line, capped at 10 ft and never under 6 ft, so it does not grow on an oversized lot.
- The width may be increased by up to 10% of the lot depth with the depth reduced, if the minimum area and front setback are kept and depth to width stays within 2.5 to 1.
- Two-family structures were repealed as a conditional use here on 4 May 1981, so a second dwelling unit cannot be added.
- Accessory structures are limited to 15 ft in height.
Single-Family Residence - The front setback depends on the class of street the lot fronts under § 190-36, not on the district, and a corner lot has two front yards, each set by the class of street that side fronts on.
- Minimum floor area is 1,375 sq ft for any dwelling other than a single-family house of one floor level; the 1,100 sq ft shown is the one-floor case.
- The side yard is 10% of the required lot width at the front setback line, capped at 10 ft and never under 6 ft, so it does not grow on an oversized lot.
- The width may be increased by up to 10% of the lot depth with the depth reduced, if the minimum area and front setback are kept and depth to width stays within 2.5 to 1.
- Two-family structures were repealed as a conditional use here on 4 May 1981, so a second dwelling unit cannot be added.
- Accessory structures are limited to 15 ft in height.
Single-Family Residence - The front setback depends on the class of street the lot fronts under § 190-36, not on the district, and a corner lot has two front yards, each set by the class of street that side fronts on.
- Minimum floor area is 1,250 sq ft for any dwelling other than a single-family house of one floor level; the 1,000 sq ft shown is the one-floor case.
- The side yard is 10% of the required lot width at the front setback line, capped at 10 ft and never under 6 ft, so it does not grow on an oversized lot.
- The width may be increased by up to 10% of the lot depth with the depth reduced, if the minimum area and front setback are kept and depth to width stays within 2.5 to 1.
- Two-family structures were repealed as a conditional use here on 4 May 1981, so a second dwelling unit cannot be added.
- Accessory structures are limited to 15 ft in height.
Multiple Residence District - Land is zoned MR only by rezoning on application for a specific proposal. No multiple-residence structure may contain more than eight dwelling units, and no unit's floor area may be below grade.
- A two-family or other two-unit structure is permitted outright and takes a different lot: 15,000 square feet, since the five-acre minimum applies to multiple-residence complexes only.
- Duplex floor areas follow the R-1-15 figures, 1,400 sq ft for a one-floor-level dwelling and 1,750 sq ft for all other types, rather than the apartment schedule.
- The front setback depends on the class of street the lot fronts, under § 190-36, and any buffer § 190-34A requires is added on top of the 40 ft side and rear setback.
- Each multiple residence needs at least 400 sq ft of common open space for recreation.
- Minimum floor area is 450 sq ft for an efficiency, 600 for a one-bedroom, 800 for a two-bedroom and 950 for a three-bedroom, excluding halls, foyers and basement utility areas.
- Site plan approval is required, and accessory structures are limited to 15 ft in height.
Townhouse Residence District - Land is zoned TH only by rezoning on application for a specific proposal. Each dwelling unit needs three paved parking spaces, one fully enclosed and covered, and none of them may sit in the front setback.
- The individual townhouse lot is a separate row beneath the ten-acre tract: 2,000 sq ft of area, 20 ft of width at the main building line and 100 ft of depth, all variable by the Planning Board.
- A single-family dwelling answers to R-1-11 instead: 11,000 sq ft on 80 ft of width, an 8 ft side yard on the 10% of width formula, a 30 ft rear yard, 25% coverage, 1,375 sq ft for other types.
- Density may not exceed five dwelling units per gross acre overall or 10 dwelling units on any one acre.
- The 40 ft side figure is measured between clusters; a separate 40 ft applies from property lines, plus the buffer § 190-34A and B require from other districts.
- The front setback depends on the class of street the lot fronts, under § 190-36, and the rear figure is for a main building; an accessory structure needs 5 ft.
- No part of the habitable floor area may be below grade, and the Planning Board may vary the rear setback, the individual lot dimensions and the parking requirement.
ADUs vs. short-term rentals in Gates
Short-term rentals allowed with local rules for Town of Gates. Renting a home short term requires a short-term rental property permit under § 148-7, and short term means occupancy by someone other than the owner for less than three months, which takes in month-to-month tenancies. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.
Good to know
- Residential lot minimum0.18–10 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityRG&E territory.
- Zoning codeecode360.com/12242998
- Building dept(585) 429-8242
ADU FAQ — Gates, NY
Are ADUs allowed in Gates, NY?
Town of Gates has 5 districts. 3 districts allow ADUs with occupancy restrictions, 2 do not. Check your address with the free ADU checker, or confirm with the building department at (585) 429-8242.
Do I need a special permit for an ADU in Gates?
No district in Town of Gates requires a special-use permit for an ADU - 3 districts allow ADUs with occupancy restrictions, 2 do not. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Gates?
Short-term rentals allowed with local rules for Town of Gates. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.
What an ADU costs to build in Gates
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $200k–260k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Gates, priced by size.
How we know this
- Sections analyzed
- Ch. 190 § 190-5 definition of in-law area/apartment; § 190-92 R-1 permitted uses and their accessory uses; §§ 190-100, 190-110, 190-218
- Districts confirmed
- 5 of 5 — every mapped district.
- Last reviewed
- Not covered here
- Overlay districts, the zoning map, and any conditions attached to an individual parcel. Size limits and owner-occupancy terms sit in the code section above, not in this summary.
More on Gates: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Monroe County · All Monroe County towns
ADU information for Town of Gates is compiled from the municipal code (last reviewed 2026-08-11) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (585) 429-8242 before relying on any answer. Source: the Offsite / Aldo zoning dataset.