ADU · Albany County

Can you build an ADU in Bethlehem, NY?

Town of Bethlehem has 17 districts. 11 districts allow ADUs with occupancy restrictions, 4 do not. 2 districts have incomplete data - verify with the building department at (518) 439-4955. Check your address to confirm the district that applies to your parcel:

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What the Bethlehem code says

An accessory apartment is allowed by right in R and RLI and by Planning Board special use permit in RLL, RA-B, RB, RC, CR, RR, H, CH and RH. The owner must live in one of the two units. None in MR, C, ME or I.

Conditions the code attaches:

On issuance of the permit the owner must refile the deed with a notice of the occupancy requirement, so it shows on title.
Floor area must be more than 400 square feet and less than the lesser of 40% of the house or 1,000 square feet, with no more than two bedrooms.
The unit may sit in a detached or attached accessory building only in R, RR and RLI; everywhere else it must be inside the house.
A permit will not issue where the County Department of Health finds the water or sewage system cannot handle the added demand.
The building department can be reached at (518) 439-4955.

How big an ADU can be in Bethlehem

Size limits are set per district, and a unit inside the house is a different standard from a detached one. These are the figures the code publishes.

Inside the principal dwelling

At least 400 sq ft, and no more than 40% of the principal dwelling, or 1,000 sq ft of floor area — whichever is smaller

CH, CR, H, RA-B, RB, RC, RH, RLL · owner-occupancy required · § 128-73A, B(3), B(4), B(10)

Accessory dwelling unit

At least 400 sq ft, and no more than 40% of the principal dwelling, or 1,000 sq ft of floor area — whichever is smaller

R, RLI, RR · owner-occupancy required · § 128-73A, B(3), B(4), B(10)

What the Bethlehem code indicates by district

The table below shows how each district treats ADUs, alongside the lot and setback standards that govern a second unit. District boundaries and conditions vary, so treat this as a starting point and confirm the district that applies to your parcel.

District	Min lot	Setbacks F / S / R	Max height	ADU
General Commercial	1 ac	100 / 40 / 50 ft	35 ft	No
Commercial Hamlet	0.23 ac	30 / 10 / 40 ft	35 ft	Occupancy restricted
Core Residential	0.17 ac	25 / 8 / 25 ft	30 ft	Occupancy restricted
Delaware Ave Hamlet Overlay	—	—	—	—
Hamlet	0.12 ac	10 / 5 / 40 ft	35 ft	Occupancy restricted
Heavy Industrial	5 ac	100 / 25 / 50 ft	60 ft	No
Mixed Economic Development	—	—	—	No
Multi-Family	0.2 ac	35 / 16 / 25 ft	35 ft	No
Planned Development District	—	—	—	—
Rural	0.2 ac	40 / 15 / 40 ft	35 ft	Occupancy restricted
Residential A	0.33 ac	35 / 10 / 25 ft	30 ft	Occupancy restricted
Residential B	0.2 ac	25 / 8 / 25 ft	30 ft	Occupancy restricted
Residential C	0.2 ac	30 / 8 / 25 ft	30 ft	Occupancy restricted
Rural Hamlet	0.17 ac	30 / 10 / 40 ft	35 ft	Occupancy restricted
Rural Light Industrial	1 ac	50 / 25 / 50 ft	45 ft	Occupancy restricted
Residential Large Lot	2 ac	50 / 25 / 50 ft	35 ft	Occupancy restricted
Riverfront Rural	5 ac	40 / 15 / 40 ft	35 ft	Occupancy restricted

General Commercial - The 1 acre lot minimum is the nonresidential one. This district publishes no residential or mixed-use lot standard, both major and minor residential subdivision are prohibited, and dividing land is prohibited as well.

The front yard is whichever is greater of 100 ft from the right-of-way line and 125 ft from the centre line of the pavement, so a narrow street pushes the building back.
A flag lot is measured from the right-of-way line, and its frontage requirement drops to 28 ft, subject to § 128-48.
Minimum highway frontage is 100 ft, a separate requirement from the 100 ft lot width.
On a corner lot the side yard facing the side street must equal the required front yard.

Commercial Hamlet - Dividing land is prohibited in this district. The front yard is whichever is greater of 30 ft from the right-of-way line and 55 ft from the centre line of the pavement, so a narrow street pushes the building back.

Multifamily development is capped at 8 dwelling units per acre.
The lot minimum is the same 10,000 sq ft for residential, nonresidential and mixed use.
Minimum highway frontage is 100 ft, a separate requirement from the 100 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.
Inside the Delaware Avenue Hamlet Overlay, § 128-67.1 sets its own right-of-way front yards.

Core Residential - The front yard is whichever is greater of 25 ft from the right-of-way line and 50 ft from the centre line of the pavement, so a narrow street pushes the house back further than the figure suggests.

A major residential subdivision is capped at 6 dwelling units per acre of unconstrained land served by public water and public sewer.
A nonresidential use needs 0.344 acre, and a mixed-use building 15,000 sq ft.
Minimum highway frontage is 50 ft, a separate requirement from the 60 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Delaware Ave Hamlet Overlay - The Delaware Avenue Hamlet Overlay sits on top of a base district rather than replacing it. Under § 128-67.1B all requirements of the chapter apply unless the overlay modifies them, so lot and setback figures come from the underlying district.

A parcel here is measured against its base district, which is shown on the Town Zoning Map.
The overlay publishes no complete dimensional standard of its own, and it is not part of the district list in § 128-12.

Hamlet - Dividing land is prohibited in this district. The front yard is whichever is greater of 10 ft from the right-of-way line and 35 ft from the centre line of the pavement, so on a narrow street the building sits well back.

A new building may instead match the front setback of the buildings next to it.
Multifamily is capped at 8 dwelling units per acre of unconstrained land with public water and public sewer.
A nonresidential lot needs 7,000 sq ft, 0.161 acre, and a mixed-use lot 10,000 sq ft.
Minimum highway frontage is 40 ft, a separate requirement from the 50 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
Inside the Delaware Avenue Hamlet Overlay, § 128-67.1 sets its own right-of-way front yards.

Mixed Economic Development - ME has no fixed dimensional schedule. Its area, yard and bulk standards are set through development plan review under § 128-37, so setbacks, lot size and coverage for a given parcel are determined in that review rather than published in advance.

ME is established as one of the town's commercial districts under § 128-12, along with C, I and RLI.
Confirm the figures that will apply to your parcel with the building department before sizing a project.

Multi-Family - Lot area steps up with the unit count: 8,500 sq ft for a one-family house and 5,000 sq ft more for every dwelling unit after that, continuing past four units. Dividing land is prohibited in this district.

A two-family needs 0.3099 acre and a 3-unit building 0.4247 acre, 18,500 sq ft.
The rear yard rises from 25 ft to 40 ft at three or four family.
Multifamily development is capped at 8 dwelling units per acre, a separate ceiling from the per-unit lot area.
A nonresidential lot needs 0.3444 acre, and a mixed-use building 15,000 sq ft.
Minimum highway frontage is 50 ft, a separate requirement from the 60 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The front yard is whichever is greater of 35 ft from the right-of-way line and 60 ft from the centre line of the pavement.

Planned Development District - Area, yard and bulk standards for PDD-B come from the development plan approved for the particular tract, so no standing figures apply. The town's schedule of area, yard and bulk requirements publishes no row for a planned development district.

PDD-B is one of the special districts established under § 128-12.
Ask the building department which approved development plan governs the parcel and what dimensions it sets before relying on any figures.

Rural - The residential lot minimum here is the Residential C figure, 8,500 sq ft per dwelling unit. The front yard is whichever is greater of 40 ft from the right-of-way line and 65 ft from the centre line of the pavement.

Multifamily development is capped at 4 dwelling units per acre.
Minimum highway frontage is 75 ft, a separate requirement from the 75 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Residential A - A major residential subdivision is capped at three dwelling units per acre of unconstrained land. The front yard is whichever is greater of 35 ft from the right-of-way line and 60 ft from the centre line of the pavement.

This district publishes no multifamily, nonresidential or mixed-use lot standard.
Minimum highway frontage is 70 ft, a separate requirement from the 100 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Residential B - A major residential subdivision is capped at 5 dwelling units per acre of unconstrained land. The front yard is whichever is greater of 25 ft from the right-of-way line and 50 ft from the centre line of the pavement.

A nonresidential use needs 0.344 acre.
Minimum highway frontage is 50 ft, a separate requirement from the 60 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Residential C - The 8 ft side yard is the one-family figure; anything other than a one-family dwelling takes 16 ft. Lot area also steps by 5,000 sq ft per unit above the 8,500 sq ft one-family base, for two-, three- and four-family.

A two-family needs 0.3099 acre on a 100 ft wide lot, a three-family 0.4247 acre on 102.5 ft, and four units 23,500 sq ft on 105 ft.
The rear yard rises from 25 ft to 40 ft at three or four family.
A nonresidential lot needs 0.3444 acre and a mixed-use one 16,000 sq ft.
A major residential subdivision is capped at 8 homes per acre of unconstrained land with public water and sewer.
Minimum highway frontage is 70 ft, a separate requirement from the 50 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.

Rural Hamlet - Residential subdivision is capped at 4 dwelling units per acre of unconstrained land with public water and public sewer, and multifamily at 6. The front yard is whichever is greater of 30 ft from the right-of-way line and 55 ft from the centre line.

A nonresidential lot needs 7,500 sq ft and a mixed-use lot 10,000 sq ft.
Minimum highway frontage is 60 ft, a separate requirement from the 75 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Rural Light Industrial - The 1 acre lot, 50 ft width and 150 ft depth are the nonresidential case. A house takes the Residential C figure instead, 8,500 sq ft per dwelling unit, and a mixed-use building also needs 1 acre.

The front yard is whichever is greater of 50 ft from the right-of-way line and 75 ft from the centre line of the pavement.
Minimum highway frontage is 50 ft, a separate requirement from the 50 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Residential Large Lot - Residential subdivision is capped at one dwelling unit per two acres of unconstrained land. The 2 acre residential minimum is the only lot standard this district publishes.

The front yard is whichever is greater of 50 ft from the right-of-way line and 75 ft from the centre line of the pavement.
Minimum highway frontage is 75 ft, a separate requirement from the 100 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimum does not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

Riverfront Rural - The 5 acre minimum applies to residential, nonresidential and mixed use alike, so the use does not change how much land is needed. A major residential subdivision is capped at one dwelling unit per five acres of unconstrained land.

The front yard is whichever is greater of 40 ft from the right-of-way line and 65 ft from the centre line of the pavement.
Minimum highway frontage is 100 ft, a separate requirement from the 100 ft lot width, and it drops to 28 ft for a flag lot, subject to § 128-48.
The lot minimums do not apply to a lot created as part of a conservation subdivision or an average density subdivision.
On a corner lot the side yard facing the side street must equal the required front yard.

ADUs vs. short-term rentals in Bethlehem

Short-term-rental status not confirmed for Town of Bethlehem. Short term rental rules in the Town of Bethlehem are not confirmed. A zoning update carrying short term rental provisions has been drafted but not adopted, so confirm with the building department before counting on renting a home short term. These are separate questions from whether you can build an ADU — a unit you're allowed to add isn't automatically one you're allowed to rent nightly, so check both.

Good to know

Residential lot minimum0.12–5 ac — an ADU still has to fit the district's lot and setback envelope.
UtilityNational Grid territory.
Zoning codeecode360.com/BE1011
Building dept(518) 439-4955

ADU FAQ — Bethlehem, NY

Are ADUs allowed in Bethlehem, NY?

Do I need a special permit for an ADU in Bethlehem?

No district in Town of Bethlehem requires a special-use permit for an ADU - 11 districts allow ADUs with occupancy restrictions, 4 do not. Site-plan review or a building permit may still apply.

Can I use an ADU as a short-term rental in Bethlehem?

Short-term-rental status not confirmed for Town of Bethlehem. ADU occupancy and short-term-rental rules are separate: an ADU you can build isn't automatically one you can rent nightly. Confirm both before you count on STR income.

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What an ADU costs to build in Bethlehem

Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $195k–260k at a standard finish, and the per-square-foot rate comes in above a full house because the kitchen, bath, panel and heating plant cost the same either way. See the full cost to build an ADU in Bethlehem, priced by size.

How we know this

Sections analyzed: § 128-73 Accessory apartments; § 128-12 Districts established; § 128-14A; 128 Attachment 1 Schedule of Uses, accessory apartment row and note 6
Districts confirmed: 15 of 17 — 2 not yet analyzed, so this page does not answer for them.
Last reviewed: 2026-09-19
Not covered here: Overlay districts, the zoning map, and any conditions attached to an individual parcel. Size limits and owner-occupancy terms sit in the code section above, not in this summary.

More on Bethlehem: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Albany County · All Albany County towns

ADU information for Town of Bethlehem is compiled from the municipal code (last reviewed 2026-09-19) and provided for decision-support only — not legal or architectural advice. ADU eligibility, size, owner-occupancy and permit conditions vary by district and often carry exceptions; verify with the building department at (518) 439-4955 before relying on any answer. Source: the Offsite / Aldo zoning dataset.