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ADU · Albany County

Can you build an ADU in Westerlo, NY?

Town of Westerlo has 3 districts. 2 districts allow ADUs, 1 does not. Check your address to confirm the district that applies to your parcel:

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What the Westerlo code says

Westerlo allows an accessory dwelling unit by right in RD/A and RH-W, at up to 1,200 sq ft of living space, with no owner-occupancy, kinship or age condition, and no bar on renting it out. A larger unit needs site plan approval and a special use permit.

Conditions the code attaches:

What the Westerlo 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
Light Industrial 5 ac 100 / 100 / 100 ft 35 ft No
Rural Development/Agricultural 3 ac 50 / 50 / 50 ft 35 ft As of right
Residential Hamlet 0.75 ac 50 / 30 / 30 ft 35 ft As of right

Rural Development/Agricultural - A two- to four-unit attached dwelling is permitted by right here, as a one-family is, but starts from 5 acres rather than 3. Each unit above the second adds 40 sq ft of land for every square foot of that unit's finished living area.

  • Every commercial use here needs site plan approval and a special use permit under § 8.40.3.c, so none of it is reachable by right.
  • A commercial use so approved keeps the 3-acre minimum but takes 100 ft on the front, both sides and the rear, a 300 ft minimum width and a 30% building coverage cap.
  • On top of that coverage cap, a further 20% of the gross land area must stay permanently green or natural, so the two together leave 50% of the lot outside both categories.
  • A building of five or more units needs site plan approval and a special use permit under § 8.40.3.d, and is sized by the same land formula.

Residential Hamlet - Retail commercial, essential services and medical, educational or religious uses are available here only with site plan approval and a special use permit under § 8.50.3. None of them is reachable by right.

  • A use approved that way keeps this district's lot minimum and its 50 ft front and 30 ft side and rear yards; only the frontage changes, to 150 ft rather than 100 ft.

ADUs vs. short-term rentals in Westerlo

No local short-term-rental law on record - which is not the same as permission for Town of Westerlo. No local short-term rental law is on the books here, and the rule is not confirmed. That is not permission: confirm with the town before counting on renting a house 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

ADU FAQ — Westerlo, NY

Are ADUs allowed in Westerlo, NY?

Town of Westerlo has 3 districts. 2 districts allow ADUs, 1 does not. Check your address with the free ADU checker, or confirm with the building department at (518) 797-3111.

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

No district in Town of Westerlo requires a special-use permit for an ADU - 2 districts allow ADUs, 1 does not. Site-plan review or a building permit may still apply.

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

No local short-term-rental law on record - which is not the same as permission for Town of Westerlo. 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.

What an ADU costs to build in Westerlo

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 Westerlo, priced by size.

How we know this

Sections analyzed
Town of Westerlo Local Law No. 1 of 2025 (Accessory Dwelling Units): Accessory Dwelling Unit Defined, Amend Section 8.40, Amend Section 8.50, Effective Date. Town of Westerlo Zoning Law as consolidated in LL No. 1 of 2020: § 8.10 Establishment of Districts, § 8.40 Rural Development/Agricultural, § 8.50 Residential Hamlet (incl. subsec. 4), § 8.60 Light Industrial, Art 9 Site Plan Review
Districts confirmed
3 of 3 — every mapped district.
Last reviewed
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.

ADU information for Town of Westerlo is compiled from the municipal code (last reviewed 2026-09-08) 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) 797-3111 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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