Colonie, NY Accessory Structures: ADU Owner Occupancy (2026)

Town of Colonie Code § 190-22B governs accessory dwelling units created within or attached to a single-family or two-family home. Subsection (1)(b) sets the ownership test directly: an accessory dwelling unit requires a building and zoning permit issued by the Building Department, the applicant must be the owner-occupant of the principal dwelling unit, and the permit is temporary, ceasing when the applicant no longer meets the conditions for such use. In practice, this means an absentee landlord, an LLC, or a trust without an owner physically living in the main house cannot hold a valid ADU permit, and an owner who sells the property, moves out, or converts the home to a rental loses the permit automatically rather than through a separate revocation hearing.

Subsection (1)(c) ties the permit to compliance with §§ 190-19, 190-20 and 190-21 of the zoning chapter, and subsection (1)(d) requires an owner whose application does not meet those standards, or the dimensional table in Attachment 2, to seek a variance instead. Subsection (4)(a) adds an annual renewal requirement at a fee set by Town Board resolution, and failure to renew is itself a violation. Subsection (4)(b) further requires the owner to file the permit as a deed restriction with the Albany County Clerk's office and furnish proof of filing to the Town before the permit can be renewed.