ADU rules in Colonie, NY — also called accessory dwelling unit regulations or granny flat ordinances — cover setbacks, owner-occupancy, parking, and permit requirements.
Colonie is a Town in Albany County, New York (population approximately 86,000) regulating accessory dwelling units through Chapter 190 (Zoning) of the Colonie Town Code under authority of New York Town Law §261. New York has not enacted a statewide ADU preemption statute; the 2022 statewide ADU proposal was withdrawn and the current New York Plus One ADU Pilot Program (administered by NY Homes and Community Renewal) provides voluntary grant funding rather than a mandate. Whether an ADU is permitted in Colonie is therefore determined entirely by Chapter 190. The Town Code is hosted on eCode360 at https://ecode360.com/CO0290.
New York Town Law Article 16 grants towns broad authority to adopt and enforce zoning ordinances. Section 261 authorizes the Town Board to regulate the use of buildings, structures, and land; §262 lists permissible district classifications; §263 requires zoning to be in accordance with a comprehensive plan; and §267 establishes the Zoning Board of Appeals with variance and special permit authority. Colonie's Chapter 190 divides the Town into residential districts (commonly SR Single Residence categories such as SR-AA, SR-A, SR-B, SR-C, plus RA Rural Agricultural, MFR Multi-Family Residential, and related categories), commercial districts, and industrial districts. Whether an accessory apartment is permitted in a given district, whether it must be inside the principal dwelling or in a detached accessory structure, minimum and maximum unit size, off-street parking requirements, owner-occupancy obligations, and rental restrictions are set by Chapter 190. The Colonie Planning Board reviews site plans and subdivisions; the Colonie Zoning Board of Appeals hears variances and special-use permits under Town Law §267-a and §267-b. Because New York has not enacted ADU preemption, there is no ministerial-approval mandate, no statewide unit-size minimum, and no statewide ban on owner-occupancy or rental conditions. Construction must additionally comply with the New York State Uniform Fire Prevention and Building Code at 19 NYCRR Parts 1219-1228 (adopting the 2020 IRC/IBC/IFC with New York amendments) and the Energy Conservation Construction Code of New York State.
Constructing or occupying an unpermitted ADU in Colonie violates Chapter 190 enforceable under New York Town Law §268 (penalties and remedies). The Colonie Building Department may issue stop-work orders, notices of violation, and seek civil penalties and injunctive relief in Albany County Supreme Court. Unpermitted construction additionally violates the New York Uniform Code adopted under Executive Law §378 and 19 NYCRR Part 1203 (administration and enforcement). Continuing violations are treated as separate offenses for fine purposes under Town Law §268.
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