Accessory Structures in Colonie, NY

If you live in Colonie or are thinking about moving there, accessory structures are one of those things you probably won't think about until they affect you directly. Colonie has 4 specific rules on the books covering different aspects of accessory structures, and some of them might surprise you.

ADU Rental Restrictions

Colonie restricts who can live in an accessory dwelling unit to individuals related to the owner-occupant, by family relationship or its functional equivalent, under Town Code § 190-22B(1)(a). The ADU cannot be rented to the general public or an unrelated tenant.

Key details: Rule: ADU occupants must be related to owner-occupant. Relationship test: Family relationship or functional equivalent. Governing section: § 190-22B(1)(a). Permit status: Temporary, tied to occupancy eligibility. Restoration: Decommission plan required at move-out.

Placing an unrelated tenant in an accessory dwelling unit, or leasing it as a standalone rental, violates § 190-22B(1)(a) and is enforced under § 190-129. Penalties climb from a fine of up to $350 for a first offense to $700 to $1,000 for a third or later offense, each day of unauthorized occupancy is a separate violation, and the Building Department can terminate the underlying permit.

Compared to other cities, Colonie takes a harder line on adu rental restrictions. The enforcement and penalty structure reflects that.

ADU Owner Occupancy

An accessory dwelling unit permit in Colonie can only be held by the owner-occupant of the main house. Town Code § 190-22B(1)(b) requires the applicant to live in the principal dwelling, and the permit is temporary, ending once the owner-occupant no longer meets that condition.

Key details: Requirement: Applicant must be owner-occupant of main house. Governing section: § 190-22B(1)(b). Permit type: Temporary, ends if condition lapses. Renewal: Annual, fee set by Town Board resolution. Filing: Deed restriction recorded with Albany County Clerk.

Operating an accessory dwelling unit after the owner-occupant condition lapses, or without recording the required deed restriction, is a violation of Chapter 190 enforced under § 190-129. Fines run from up to $350 for a first offense to $700 to $1,000 for a third or later offense, with each day of continued noncompliant occupancy a separate violation and the permit subject to termination by the Building Inspector.

This is one of the stricter rules in Colonie's municipal code. If you are unsure whether your situation complies, it is worth checking with the city before proceeding.

Shed & Carport Rules

Colonie lets accessory structures like sheds cover up to 40% of a single-family or two-family rear yard, with a five-foot setback from side and rear lot lines for anything under 16 feet tall. A portable storage container up to 160 square feet and 10 feet tall can sit on the same lots for up to six months without a building permit, five feet off every property line.

Key details: Rear yard coverage cap: 40% of the rear yard, accessory structures. Accessory structure setback: 5 ft from side/rear line if under 16 ft. Portable storage size limit: 160 sq ft, 10 ft height max. Portable storage setback: 5 ft from every property line and structure. Portable storage duration: Up to 6 months without a building permit.

A shed built over 40% of the rear yard, closer than five feet to a side or rear line, or a portable storage container that exceeds 160 square feet, tops 10 feet, or stays past six months violates § 190-26 and is enforced under § 190-129: fines run from up to $350 for a first offense to $700-$1,000 for a third or later offense, plus possible jail time.

ADU Rules

Colonie allows only one accessory dwelling unit per lot, and it must attach to the single-family home rather than stand alone. Town Code § 190-22B(2) requires the ADU to meet the same dimensional rules as the main house and provide two of its own off-street parking spaces.

Key details: Limit: One accessory dwelling unit per lot. Attachment: Unit must attach to single-family home. Dimensions: Must match main house's zoning district rules. Parking: Two dedicated off-street spaces per ADU. Utilities: No second water meter permitted.

Building a second accessory dwelling unit on one lot, detaching it from the principal house, or skipping the required off-street parking violates § 190-22B(2) and is enforced under § 190-129. Fines run up to $350 for a first offense, $350 to $700 for a second, and $700 to $1,000 for a third or later offense, with the Town also able to seek an injunction to remove a noncompliant unit.

The Bottom Line

Colonie is tougher than many cities when it comes to accessory structures. Out of the 4 rules covered here, 2 are rated strict. If you are a homeowner, renter, or business owner in Colonie, take the time to understand these requirements before they become a problem. Most violations come with fines, and some repeat violations can escalate.

This guide is based on Colonie's current municipal code. Local rules can and do change, so check the individual ordinance pages for the latest details, penalties, and FAQs.