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Accessory Structures in New York (2026)

74 rules on the books across New York, 27 cities and counties. Select a rule to read the full details.

Severity: Few Restrictions · Light Restrictions · Some Restrictions · Significant Restrictions · Heavy Restrictions

ADU Rules

Rules for building accessory dwelling units (granny flats, in-law suites) including size limits, parking requirements, and owner-occupancy rules.

Islip

Heavy Restrictions

Islip allows an accessory apartment only within the existing structure of an owner-occupied single-family home, on a…

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Babylon

Significant Restrictions

An Accessory Apartment Review Board of nine Town of Babylon appointees hears every application and renewal, deciding…

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Greenburgh

Significant Restrictions

Greenburgh allows one accessory dwelling unit per lot only in the R-5 through R-40 and PUD districts, and only after…

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Hempstead

Significant Restrictions

Adding a second kitchen to a one-family home in the Town of Hempstead requires approval from the Board of Architectural…

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Huntington

Significant Restrictions

Huntington allows one accessory dwelling unit per owner-occupied single-family home, but only as a conditional use…

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North Hempstead

Significant Restrictions

North Hempstead does not zone stand-alone accessory dwelling units. The only legal second unit in a one-family home is…

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Oyster Bay

Significant Restrictions

An accessory apartment, the closest thing to an ADU in the Town of Oyster Bay's zoning code, is allowed only in the RO…

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Schenectady

Significant Restrictions

Schenectady allows a temporary 'accessory home-care unit' on a single-family lot, but only with a special use permit…

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Smithtown

Significant Restrictions

Smithtown's zoning code permits accessory apartment dwelling units only as a Board of Appeals special exception, and…

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Yonkers

Significant Restrictions

Yonkers allows an accessory apartment inside an existing single-family house only if it satisfies a detailed checklist…

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Albany

Some Restrictions

Albany allows one accessory dwelling unit per single-unit lot, but the property owner must live in the primary or…

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Amherst

Some Restrictions

An Amherst accessory dwelling unit needs a Special Use Permit under § 8-6 and must meet § 6-8-2 standards: 500 to 900…

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Colonie

Some Restrictions

Colonie allows only one accessory dwelling unit per lot, and it must attach to the single-family home rather than stand…

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Greece

Some Restrictions

Greece allows one in-law apartment per one-family home as a permitted accessory use, capped at 30% of the house's gross…

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New York

Some Restrictions

New York City legalized Ancillary Dwelling Units (ADUs) citywide on December 5, 2024 through the City of Yes for…

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Ramapo

Some Restrictions

Ramapo only allows accessory apartments in the R-15A and R-15C Zoning Districts, and Town Code § 376-65 caps them at…

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Saratoga Springs

Some Restrictions

Saratoga Springs allows one detached secondary dwelling unit per lot, only on parcels that meet two-family standards…

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Utica

Some Restrictions

Utica permits one ADU per single- or two-family dwelling. The owner must occupy either the main house or the ADU as a…

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ADU Impact Fees

Impact fees, school fees, utility hookup charges, and waivers for ADUs. Many jurisdictions exempt ADUs under 750 sq ft from impact fees per state law.

ADU Owner Occupancy

Whether the property owner must live on-site to operate an ADU, deed-restriction requirements, and recent state-law changes lifting owner-occupancy rules.

Colonie

Significant Restrictions

An accessory dwelling unit permit in Colonie can only be held by the owner-occupant of the main house. Town Code §…

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Greenburgh

Significant Restrictions

Greenburgh requires the owner of any lot with an ADU to swear, under penalty of perjury, that they live in one of the…

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Hempstead

Significant Restrictions

Hempstead's Board of Architectural Review only approves a 'mother-daughter residence' second kitchen when it serves the…

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Huntington

Significant Restrictions

An accessory dwelling unit permit in Huntington only issues if the main house is the owner's principal residence…

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Oyster Bay

Significant Restrictions

The property owner behind an Oyster Bay parent-child accessory unit must live on-site as their primary residence, in…

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Schenectady

Significant Restrictions

Schenectady's accessory home-care unit program is an owner-occupancy program: Section 264-29B(13)(b)[9] requires the…

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Yonkers

Significant Restrictions

An accessory apartment in Yonkers can only keep its legal status if the property owner actually lives in the main…

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Albany

Some Restrictions

Albany requires the owner of a lot with an accessory dwelling unit to live in either the primary home or the ADU as…

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Amherst

Some Restrictions

Amherst requires the owner of an accessory dwelling unit property to live in either the principal dwelling or the ADU…

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Babylon

Some Restrictions

The Town of Babylon requires the homeowner to live on-site before granting an accessory apartment permit, and bars…

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Brookhaven

Some Restrictions

Brookhaven requires the property owner to live in either the main house or the accessory apartment before the Town will…

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ADU Rental Restrictions

Whether an ADU can be rented short-term (Airbnb), 30-day minimums, separate rental licenses, and long-term lease requirements.

Cheektowaga

Heavy Restrictions

Cheektowaga will not register a detached accessory building, trailer, tent, or mobile residential equipment as a…

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Yonkers

Heavy Restrictions

Yonkers does not allow an accessory apartment to be rented on the open market. Section 43-22 restricts occupancy of any…

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Albany

Significant Restrictions

Albany requires the owner to live in either the main house or the accessory dwelling unit and bars renting either one…

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Colonie

Significant Restrictions

Colonie restricts who can live in an accessory dwelling unit to individuals related to the owner-occupant, by family…

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Huntington

Significant Restrictions

Huntington lets homeowners rent an accessory dwelling unit only if the owner keeps living on-site and holds a valid ADU…

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Oyster Bay

Significant Restrictions

Oyster Bay's 'parent-child residence' accessory unit is not a rental apartment: it may house only an immediate family…

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Schenectady

Significant Restrictions

Schenectady allows an accessory home-care unit on a single-family lot only through a Planning Commission special use…

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Smithtown

Significant Restrictions

Smithtown limits accessory apartment dwelling units to premises with a qualifying commercial use, such as a retail…

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Babylon

Some Restrictions

Town of Babylon accessory apartments must be at least 350 square feet, capped at three rooms, and can't sit in a…

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Brookhaven

Some Restrictions

Brookhaven caps every accessory apartment at 650 square feet by right, one apartment per lot, and one bedroom, so…

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Greenburgh

Some Restrictions

Greenburgh bars owners from leasing an accessory dwelling unit for less than a full year, and if that lease breaks…

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Shed & Carport Rules

When a storage shed or carport needs a permit, the square-footage exemption thresholds, and the setback and height limits that apply either way.

Albany

Some Restrictions

Sheds in Albany are regulated as accessory structures under the Unified Sustainable Development Ordinance (USDO)…

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Amherst

Some Restrictions

Sheds and other accessory structures in Amherst's residential districts can't sit in the required front yard and are…

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Babylon

Some Restrictions

Accessory buildings in the Town of Babylon's A Residence District top out at 500 square feet and 14 feet to the ridge…

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Brookhaven

Some Restrictions

Brookhaven treats every detached storage shed as a structure subject to zoning setbacks under Town Code § 85-190B(9)…

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Buffalo

Some Restrictions

Buffalo lets homeowners build a single detached storage shed up to 144 square feet without any building permit, but…

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Cheektowaga

Some Restrictions

In the RS Single Residential District, an accessory building like a storage shed must stand at least 10 feet from…

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Clarkstown

Some Restrictions

Clarkstown exempts a detached tool or storage shed up to 144 square feet from needing a building permit at all. Any…

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Colonie

Some Restrictions

Colonie lets accessory structures like sheds cover up to 40% of a single-family or two-family rear yard, with a…

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Glen Cove

Some Restrictions

Glen Cove's R-2 Half-Acre Residence District caps accessory buildings, including sheds and garages, at one story or 16…

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Greece

Some Restrictions

In Greece's single-family districts, a shed is any detached accessory building under 200 square feet used to store…

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Huntington

Some Restrictions

Huntington exempts small tool sheds from a building permit only if they stay at or under 144 square feet, no taller…

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Islip

Some Restrictions

A shed in Islip may be built without a permit if it is 144 square feet or less, no more than 8 feet high, has no…

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Mount Vernon

Some Restrictions

Mount Vernon caps an accessory building like a shed or detached garage at one story and 12 feet in height under §…

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New Rochelle

Some Restrictions

New Rochelle's Zoning Code keeps sheds and other accessory buildings out of the front yard entirely and holds them at…

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New York

Some Restrictions

New York City permits sheds, tool rooms, and similar accessory storage buildings in required rear yards in all…

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North Hempstead

Some Restrictions

A tool or storage shed in North Hempstead skips the building permit only if it is a one-story detached structure of 144…

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Oneida

Some Restrictions

In the City of Oneida, Madison County, New York, every shed or other accessory building needs a zoning permit and…

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Oyster Bay

Some Restrictions

Oyster Bay zoning caps a residential storage shed at 200 square feet and 10 feet tall, and the building code separately…

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Ramapo

Some Restrictions

A shed on the property line in unincorporated Ramapo is capped at 144 square feet of floor area and 8 feet of exterior…

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Rochester

Some Restrictions

Rochester limits residential properties to one detached storage structure, such as a shed, and requires it to sit in…

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Saratoga Springs

Some Restrictions

In Saratoga Springs, a detached shed must sit at least five feet from every lot line in most districts, stay under 22…

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Smithtown

Some Restrictions

Smithtown lets homeowners skip a building permit for a small detached tool or storage shed, but only if it stays under…

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Utica

Some Restrictions

In Utica a one-story detached tool or storage shed of 144 square feet or less needs no building permit. Any accessory…

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Yonkers

Some Restrictions

Yonkers City Code § 43-41O scales shed size to lot area: 100 square feet per 5,000 square feet of lot, with an…

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Schenectady

Light Restrictions

A detached tool or storage shed at a Schenectady one- or two-family home skips the building permit if its gross floor…

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