ADU · Dutchess County
Can you build an ADU in Fishkill, NY?
Village of Fishkill has 9 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Fishkill code says
The Village code has no accessory apartment. Only R-7.5 allows a second dwelling, including by converting an existing house; elsewhere a homeowner cannot add a unit.
Conditions the code attaches:
- R-50 permits multifamily dwellings by right.
- In VCBD, PB and GB-1, dwelling units attached to a nonresidential use need a special permit.
What the Fishkill 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 |
|---|---|---|---|---|
| One-Family Residence | 0.23 ac | 30 / 12 / 20 ft | 30 ft | No |
| One- or Two-Family Residence | 0.17 ac | 20 / 12 / 20 ft | 30 ft | No |
| Three-or-More-Family Residence | 1.15 ac | 40 / 40 / 40 ft | 35 ft | No |
| Village Center Business District | — | 0 / 0 / 0 ft | 35 ft | No |
| Planned Business | 1.84 ac | 30 / 20 / 30 ft | 35 ft | No |
| General Business-1 | — | 0 / 0 / 0 ft | 35 ft | No |
| General Business-2 | 0.17 ac | 30 / 10 / 30 ft | 35 ft | No |
| Planned Industry | 0.92 ac | 50 / 30 / 30 ft | 45 ft | No |
| Land Conservation | — | — | — | No |
One-Family Residence - Lot width is measured at the main building line or at the street frontage, whichever is less. No site plan approval is required in R-10.
- An accessory building must be set back 5 ft from the side and 5 ft from the rear, and may not exceed 20 ft in height.
One- or Two-Family Residence - A two-family dwelling needs 10,000 sq ft rather than the 7,500 sq ft shown. Site plan approval is required for anything other than a one-family residence.
- Lot width is measured at the main building line or at the street frontage, whichever is less.
- An accessory building must be set back 5 ft from the side and 5 ft from the rear, and may not exceed 20 ft in height.
Three-or-More-Family Residence - R-50 is the village's multifamily district: beside the 50,000 sq ft lot minimum, density is set at 14 dwelling units per acre. Site plan approval is required.
- Lot width is measured at the main building line or at the street frontage, whichever is less.
- An accessory building must be set back 20 ft from the side and 20 ft from the rear, and may not exceed 20 ft in height.
Village Center Business District - A single building may not exceed 5,000 sq ft of footprint, and total lot coverage is capped at 80% beside the 50% building cap. A yard facing a residential district must be at least 15 ft, and height drops to 30 ft where the building faces one.
- West of Jackson Street, height may reach 40 ft with Planning Board approval.
- No minimum lot area, lot width or lot depth applies.
- Buildings must stand at least 10 ft apart, or further where the State Uniform Fire Prevention and Building Code requires it.
- An accessory building must be set back 10 ft from the side and 5 ft from the rear.
Planned Business - Where a side yard abuts a residence district it rises to 40 ft, and the rear yard does too, unless a street divides them. Total lot coverage is capped at 65% beside the 20% building cap.
- Buildings must stand at least 10 ft apart, or further where the State Uniform Fire Prevention and Building Code requires it.
- An accessory building must be set back 20 ft from the side and 5 ft from the rear.
- Lot width is measured at the main building line or at the street frontage, whichever is less.
General Business-1 - A single building may not exceed 5,000 sq ft of footprint, and total lot coverage is capped at 80% beside the 50% building cap.
- No minimum lot area, lot width or lot depth applies.
- Buildings must stand at least 10 ft apart, or further where the State Uniform Fire Prevention and Building Code requires it.
- An accessory building must be set back 5 ft from the side and 5 ft from the rear.
General Business-2 - The side yard rises to 20 ft where it contains a driveway and to 40 ft where it abuts a residence district, and the rear yard to 40 ft on the same test, unless a street divides them. Total lot coverage is capped at 65% beside the 35% building cap.
- Buildings must stand at least 10 ft apart, or further where the State Uniform Fire Prevention and Building Code requires it.
- An accessory building must be set back 10 ft from the side and 5 ft from the rear.
- Lot width is measured at the main building line or at the street frontage, whichever is less.
Planned Industry - Where a side yard abuts a residence district it rises to 40 ft, and the rear yard does too, unless a street divides them. Total lot coverage is capped at 75% beside the 30% building cap.
- The code sets a 20 ft side yard where the side yard contains a driveway, but whether that lowers the 30 ft figure here is not clear, so confirm with the building department.
- Buildings must stand at least 10 ft apart, or further where the State Uniform Fire Prevention and Building Code requires it.
- An accessory building must be set back 30 ft from the side and 30 ft from the rear.
- Lot width is measured at the main building line or at the street frontage, whichever is less.
ADUs vs. short-term rentals in Fishkill
No local short-term-rental law on record - which is not the same as permission for Village of Fishkill. As of June 2026 the Village of Fishkill has no local short-term rental law, which is not the same as permission to rent short term. Confirm with the Village Clerk before counting on the use. 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 minimum0.17–1.15 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityCentral Hudson territory.
- Zoning codeecode360.com/8301243
- Building dept(845) 896-4170
ADU FAQ — Fishkill, NY
Are ADUs allowed in Fishkill, NY?
Village of Fishkill has 9 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (845) 896-4170.
Do I need a special permit for an ADU in Fishkill?
No. No district in Village of Fishkill permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (845) 896-4170 before ruling it out.
Can I use an ADU as a short-term rental in Fishkill?
No local short-term-rental law on record - which is not the same as permission for Village of Fishkill. 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 Fishkill
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $210k–275k 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 Fishkill, priced by size.
How we know this
- Districts confirmed
- 9 of 9 — 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.
More on Fishkill: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Dutchess County · All Dutchess County towns
ADU information for Village of Fishkill is compiled from the municipal code (last reviewed 2026-08-16) 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 (845) 896-4170 before relying on any answer. Source: the Offsite / Aldo zoning dataset.