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Greenburgh, NY Accessory Structures: Garage Conversions (2026)

Significant Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Garage conversion rules in Greenburgh, NY, sometimes called garage-to-ADU or accessory living unit conversions, govern permits, ceiling height, egress, and parking replacement.

Key Facts

Size cap
800 sq. ft. gross floor area
Height cap
12 feet
Waiver authority
Planning Board, on Commissioner's recommendation
Waiver standard
No detriment to abutting owners
Governing sections
§ 285-36(O)(3)(c), (O)(4)

Summary

Converting a lawful garage or other accessory structure into an ADU in Greenburgh caps the unit at 800 square feet and 12 feet in height, though the Planning Board can waive the height cap for structures already taller if a waiver will not harm neighbors.

(3)(c) The maximum gross floor area shall not exceed 800 sq. ft. for ADUs contained within a detached structure. The maximum height of an ADU located within a detached accessory structure shall be 12 ft. Following receipt of a written recommendation from the Commissioner of the Department of Community Development and Conservation, the Planning Board may in its discretion grant a waiver of this height requirement if a lawfully existing accessory structure with a height in excess of 12 ft. is proposed to be converted to an ADU and said waiver shall not detrimentally impact the abutting property owner(s).

View official code

Official source re-checked September 7, 2026: no newer edition of the code had been published (publisher’s edition: rev 4570580; v39 updated 2025-10-22; through 10-22-2025).

Full Breakdown

Code § 285-36(O)(3)(c), added by Local Law No. 2-2026 (adopted April 8, 2026), sets the size and height ceiling for any ADU built inside a detached accessory structure such as a garage: gross floor area cannot exceed 800 square feet, and the structure's height is capped at 12 feet. Because many existing garages predate that limit, the same subsection lets the Planning Board waive the 12-foot cap after receiving a written recommendation from the Commissioner of the Department of Community Development and Conservation, but only where the structure being converted lawfully already exceeds 12 feet and the waiver will not detrimentally impact the abutting property owners.

A parallel waiver applies to setbacks: under § 285-36(O)(4), the Planning Board may waive underlying zoning-district setback requirements for a lawfully existing accessory structure being converted to an ADU, again subject to the Commissioner's written recommendation and the same no-detriment-to-neighbors standard. A converted garage must otherwise meet the lot-size floor for no-expansion conversions of 7,500 square feet under § 285-36(O)(2), the one-ADU-per-lot cap, public water and sewer service, and the same special-permit, inspection and compliance-affidavit requirements that apply to every other ADU type in the Town.

Violations & Fines

A garage conversion built without the required special permit, or one that exceeds the 800-square-foot or 12-foot caps without an approved Planning Board waiver, is subject to revocation of the ADU special permit and a fine of not less than $1,000 under § 285-36(O)(19). The conversion also must pass Building Department inspection and receive a certificate of compliance before any change in ownership can transfer the permit.

Frequently Asked Questions

Can I convert my existing garage into an ADU in Greenburgh?
Yes, but the converted unit is capped at 800 square feet of gross floor area and 12 feet in height under Code § 285-36(O)(3)(c), and it still needs a Planning Board special permit like any other ADU.
What if my garage is already taller than 12 feet?
The Planning Board can waive the 12-foot height cap for a lawfully existing accessory structure being converted, but only after the Commissioner of Community Development and Conservation makes a written recommendation and only if the waiver will not detrimentally impact neighboring properties.
Are setbacks waived for garage conversions too?
Section 285-36(O)(4) lets the Planning Board waive the underlying district's setback requirements for a lawfully existing accessory structure converted to an ADU, using the same Commissioner recommendation and no-detriment standard as the height waiver.

Sources & Official References

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