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 RestrictionsIslip allows an accessory apartment only within the existing structure of an owner-occupied single-family home, on a…
Read full rule →Babylon
Significant RestrictionsAn Accessory Apartment Review Board of nine Town of Babylon appointees hears every application and renewal, deciding…
Read full rule →Greenburgh
Significant RestrictionsGreenburgh allows one accessory dwelling unit per lot only in the R-5 through R-40 and PUD districts, and only after…
Read full rule →Hempstead
Significant RestrictionsAdding a second kitchen to a one-family home in the Town of Hempstead requires approval from the Board of Architectural…
Read full rule →Huntington
Significant RestrictionsHuntington allows one accessory dwelling unit per owner-occupied single-family home, but only as a conditional use…
Read full rule →North Hempstead
Significant RestrictionsNorth Hempstead does not zone stand-alone accessory dwelling units. The only legal second unit in a one-family home is…
Read full rule →Oyster Bay
Significant RestrictionsAn accessory apartment, the closest thing to an ADU in the Town of Oyster Bay's zoning code, is allowed only in the RO…
Read full rule →Schenectady
Significant RestrictionsSchenectady allows a temporary 'accessory home-care unit' on a single-family lot, but only with a special use permit…
Read full rule →Smithtown
Significant RestrictionsSmithtown's zoning code permits accessory apartment dwelling units only as a Board of Appeals special exception, and…
Read full rule →Yonkers
Significant RestrictionsYonkers allows an accessory apartment inside an existing single-family house only if it satisfies a detailed checklist…
Read full rule →Albany
Some RestrictionsAlbany allows one accessory dwelling unit per single-unit lot, but the property owner must live in the primary or…
Read full rule →Amherst
Some RestrictionsAn Amherst accessory dwelling unit needs a Special Use Permit under § 8-6 and must meet § 6-8-2 standards: 500 to 900…
Read full rule →Colonie
Some RestrictionsColonie allows only one accessory dwelling unit per lot, and it must attach to the single-family home rather than stand…
Read full rule →Greece
Some RestrictionsGreece allows one in-law apartment per one-family home as a permitted accessory use, capped at 30% of the house's gross…
Read full rule →New York
Some RestrictionsNew York City legalized Ancillary Dwelling Units (ADUs) citywide on December 5, 2024 through the City of Yes for…
Read full rule →Ramapo
Some RestrictionsRamapo only allows accessory apartments in the R-15A and R-15C Zoning Districts, and Town Code § 376-65 caps them at…
Read full rule →Saratoga Springs
Some RestrictionsSaratoga Springs allows one detached secondary dwelling unit per lot, only on parcels that meet two-family standards…
Read full rule →Utica
Some RestrictionsUtica permits one ADU per single- or two-family dwelling. The owner must occupy either the main house or the ADU as a…
Read full rule →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 RestrictionsAn accessory dwelling unit permit in Colonie can only be held by the owner-occupant of the main house. Town Code §…
Read full rule →Greenburgh
Significant RestrictionsGreenburgh requires the owner of any lot with an ADU to swear, under penalty of perjury, that they live in one of the…
Read full rule →Hempstead
Significant RestrictionsHempstead's Board of Architectural Review only approves a 'mother-daughter residence' second kitchen when it serves the…
Read full rule →Huntington
Significant RestrictionsAn accessory dwelling unit permit in Huntington only issues if the main house is the owner's principal residence…
Read full rule →Oyster Bay
Significant RestrictionsThe property owner behind an Oyster Bay parent-child accessory unit must live on-site as their primary residence, in…
Read full rule →Schenectady
Significant RestrictionsSchenectady's accessory home-care unit program is an owner-occupancy program: Section 264-29B(13)(b)[9] requires the…
Read full rule →Yonkers
Significant RestrictionsAn accessory apartment in Yonkers can only keep its legal status if the property owner actually lives in the main…
Read full rule →Albany
Some RestrictionsAlbany requires the owner of a lot with an accessory dwelling unit to live in either the primary home or the ADU as…
Read full rule →Amherst
Some RestrictionsAmherst requires the owner of an accessory dwelling unit property to live in either the principal dwelling or the ADU…
Read full rule →Babylon
Some RestrictionsThe Town of Babylon requires the homeowner to live on-site before granting an accessory apartment permit, and bars…
Read full rule →Brookhaven
Some RestrictionsBrookhaven requires the property owner to live in either the main house or the accessory apartment before the Town will…
Read full rule →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 RestrictionsCheektowaga will not register a detached accessory building, trailer, tent, or mobile residential equipment as a…
Read full rule →Yonkers
Heavy RestrictionsYonkers does not allow an accessory apartment to be rented on the open market. Section 43-22 restricts occupancy of any…
Read full rule →Albany
Significant RestrictionsAlbany requires the owner to live in either the main house or the accessory dwelling unit and bars renting either one…
Read full rule →Colonie
Significant RestrictionsColonie restricts who can live in an accessory dwelling unit to individuals related to the owner-occupant, by family…
Read full rule →Huntington
Significant RestrictionsHuntington lets homeowners rent an accessory dwelling unit only if the owner keeps living on-site and holds a valid ADU…
Read full rule →Oyster Bay
Significant RestrictionsOyster Bay's 'parent-child residence' accessory unit is not a rental apartment: it may house only an immediate family…
Read full rule →Schenectady
Significant RestrictionsSchenectady allows an accessory home-care unit on a single-family lot only through a Planning Commission special use…
Read full rule →Smithtown
Significant RestrictionsSmithtown limits accessory apartment dwelling units to premises with a qualifying commercial use, such as a retail…
Read full rule →Babylon
Some RestrictionsTown of Babylon accessory apartments must be at least 350 square feet, capped at three rooms, and can't sit in a…
Read full rule →Brookhaven
Some RestrictionsBrookhaven caps every accessory apartment at 650 square feet by right, one apartment per lot, and one bedroom, so…
Read full rule →Greenburgh
Some RestrictionsGreenburgh bars owners from leasing an accessory dwelling unit for less than a full year, and if that lease breaks…
Read full rule →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 RestrictionsSheds in Albany are regulated as accessory structures under the Unified Sustainable Development Ordinance (USDO)…
Read full rule →Amherst
Some RestrictionsSheds and other accessory structures in Amherst's residential districts can't sit in the required front yard and are…
Read full rule →Babylon
Some RestrictionsAccessory buildings in the Town of Babylon's A Residence District top out at 500 square feet and 14 feet to the ridge…
Read full rule →Brookhaven
Some RestrictionsBrookhaven treats every detached storage shed as a structure subject to zoning setbacks under Town Code § 85-190B(9)…
Read full rule →Buffalo
Some RestrictionsBuffalo lets homeowners build a single detached storage shed up to 144 square feet without any building permit, but…
Read full rule →Cheektowaga
Some RestrictionsIn the RS Single Residential District, an accessory building like a storage shed must stand at least 10 feet from…
Read full rule →Clarkstown
Some RestrictionsClarkstown exempts a detached tool or storage shed up to 144 square feet from needing a building permit at all. Any…
Read full rule →Colonie
Some RestrictionsColonie lets accessory structures like sheds cover up to 40% of a single-family or two-family rear yard, with a…
Read full rule →Glen Cove
Some RestrictionsGlen Cove's R-2 Half-Acre Residence District caps accessory buildings, including sheds and garages, at one story or 16…
Read full rule →Greece
Some RestrictionsIn Greece's single-family districts, a shed is any detached accessory building under 200 square feet used to store…
Read full rule →Huntington
Some RestrictionsHuntington exempts small tool sheds from a building permit only if they stay at or under 144 square feet, no taller…
Read full rule →Islip
Some RestrictionsA 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…
Read full rule →Mount Vernon
Some RestrictionsMount Vernon caps an accessory building like a shed or detached garage at one story and 12 feet in height under §…
Read full rule →New Rochelle
Some RestrictionsNew Rochelle's Zoning Code keeps sheds and other accessory buildings out of the front yard entirely and holds them at…
Read full rule →New York
Some RestrictionsNew York City permits sheds, tool rooms, and similar accessory storage buildings in required rear yards in all…
Read full rule →North Hempstead
Some RestrictionsA tool or storage shed in North Hempstead skips the building permit only if it is a one-story detached structure of 144…
Read full rule →Oneida
Some RestrictionsIn the City of Oneida, Madison County, New York, every shed or other accessory building needs a zoning permit and…
Read full rule →Oyster Bay
Some RestrictionsOyster Bay zoning caps a residential storage shed at 200 square feet and 10 feet tall, and the building code separately…
Read full rule →Ramapo
Some RestrictionsA shed on the property line in unincorporated Ramapo is capped at 144 square feet of floor area and 8 feet of exterior…
Read full rule →Rochester
Some RestrictionsRochester limits residential properties to one detached storage structure, such as a shed, and requires it to sit in…
Read full rule →Saratoga Springs
Some RestrictionsIn Saratoga Springs, a detached shed must sit at least five feet from every lot line in most districts, stay under 22…
Read full rule →Smithtown
Some RestrictionsSmithtown lets homeowners skip a building permit for a small detached tool or storage shed, but only if it stays under…
Read full rule →Utica
Some RestrictionsIn Utica a one-story detached tool or storage shed of 144 square feet or less needs no building permit. Any accessory…
Read full rule →Yonkers
Some RestrictionsYonkers City Code § 43-41O scales shed size to lot area: 100 square feet per 5,000 square feet of lot, with an…
Read full rule →Schenectady
Light RestrictionsA detached tool or storage shed at a Schenectady one- or two-family home skips the building permit if its gross floor…
Read full rule →Garage Conversions
Rules for converting a garage into living space, including whether you need to replace the lost parking and what building codes apply.
Huntington
Heavy RestrictionsHuntington's Zoning Code lets homeowners build a detached garage sized for two or three vehicles depending on the…
Read full rule →Greenburgh
Significant RestrictionsConverting a lawful garage or other accessory structure into an ADU in Greenburgh caps the unit at 800 square feet and…
Read full rule →Islip
Some RestrictionsIslip permits private garages whose gross floor area does not exceed the main dwelling's ground-floor living area, but…
Read full rule →Oyster Bay
Some RestrictionsThe Town of Oyster Bay lets homeowners convert an attached garage into habitable space, but only after a three-year…
Read full rule →Smithtown
Some RestrictionsConverting a Smithtown garage into living space requires a building permit under the Town's general construction-permit…
Read full rule →Utica
Some RestrictionsUtica has no standalone garage-conversion ordinance. Converting a garage to living space is treated as creating a…
Read full rule →Tiny Homes
Zoning rules for tiny houses on wheels and foundations, including minimum square footage requirements and where they can be placed.
Islip
Heavy RestrictionsIslip has no tiny-home ordinance; a standalone tiny house on wheels or a separate small cottage is not a permitted use…
Read full rule →Buffalo
Significant RestrictionsAutomobiles and trailers (including tiny homes on wheels) may not be occupied as a residence or business in Buffalo for…
Read full rule →