4108 Canal Rd Spencerport, NY 14559-9554

In R3 Multiresidential, all uses permitted in R1 and R2 Districts, except major home occupations, together with multiple-unit residential dwellings not more than two stories in height exclusive of habitable basement space; provided, however, that such multiunit residential dwellings shall not be erected, altered or reconstructed unless in conformity with § 340-16 . I. In-law apartments. (1) Intent. To promote family cohesiveness, aging in place, and as an alternative to senior housing or assisted living facilities, it is the intent of this section to allow related parties of different generations to live together where the need and desire exist, so long as the proposed living arrangement is not outweighed by an adverse impact upon the community, particularly the proliferation of unlawful rental units. These units have become known as "in-law apartments." (2) Standards. A separate dwelling unit within or attached to another dwelling (existing or to be built), not otherwise allowable under this chapter, is allowable by temporary special permit issued by the Zoning Board of Appeals in accordance with Article IX of this chapter in the R1 Zoning District and for single-family dwellings in the PRD Zoning Districts, provided that: (a) The in-law apartment is occupied by parents, grandparents, siblings of grandparents or parents, children or grandchildren, by blood or by marriage. (b) The home is occupied by at least one owner. (c) Dimensional requirements of this chapter are otherwise met for an attached unit or for new construction. (d) Separate utility meters are not permitted. (e) The gross floor area of the in-law apartment shall not exceed 900 square feet. All new construction or additions to existing residential structures shall not exceed 700 square feet. (f) The Zoning Board of Appeals may impose reasonable conditions granting a special permit, including the number of parking spaces (except that there shall be a minimum of one additional required space for the in-law unit). (g) Safety, health and building codes are met. (h) In order to become effective, the special permit granted under this section shall be recorded by the applicant at the Monroe County Clerk's office, and a copy of the recorded permit shall be provided to the Building Inspector, who shall issue a certificate of occupancy if he or she finds compliance with this section.