Colonie, NY Accessory Structures: ADU Permits (2026)

The two-track permitting process for a Colonie ADU works as follows. Zoning Track: The applicant first verifies that an accessory apartment is permitted in the underlying district under Chapter 190. If permitted by right, a zoning permit issues from the Building Department upon a showing of compliance with dimensional standards. If permitted by special-use permit, the application goes to the Planning Board (or to the Town Board if Chapter 190 reserves that authority) under NY Town Law §274-b with a public hearing required by §274-b(6). If an area variance is needed, the application goes to the Zoning Board of Appeals under §267-b(3); the Board applies the five-factor balancing test (benefit to applicant vs. detriment to neighborhood character, environment, services; whether the variance is substantial; whether the alleged difficulty is self-created; whether a feasible alternative exists). Building Track: After zoning approval, the applicant submits construction documents under the New York Residential Code (19 NYCRR Part 1219, adopting the 2020 IRC). Plan review confirms structural, electrical, plumbing, mechanical, energy (2020 ECCCNYS), and fire-safety provisions. Inspections occur at footing, foundation, framing, rough-in, insulation, and final stages under 19 NYCRR Part 1203 (administration and enforcement). A Certificate of Occupancy is issued before the ADU may be occupied. Colonie typically requires separate utility metering or affidavits for ADUs with kitchens. Properties in the FEMA Special Flood Hazard Area face additional floodplain permit review under 6 NYCRR Part 502.