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ADU · Orange County

Can you build an ADU in Deerpark, NY?

Town of Deerpark has 7 districts. 6 districts prohibit ADUs, 1 allows them. Check your address to confirm the district that applies to your parcel:

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What the Deerpark code says

An accessory dwelling unit is not permitted in HM-U, RR, RS, RRC or NR. A second unit is still possible there: a two-family dwelling is a principal permitted use, by right, in each of those districts.

Conditions the code attaches:

What the Deerpark 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
Hamlet/Mixed Use 0.92 ac 35 / 35 / 35 ft 75 ft No
Rural Residential 1 ac 35 / 35 / 35 ft 35 ft No
Residential Settlement 2 ac 50 / 35 / 50 ft 35 ft No
Recreational River Corridor 2 ac 50 / 50 / 150 ft 35 ft No
Neighborhood Residential 1 ac 50 / 35 / 50 ft 35 ft No
Industrial 0.92 ac 35 / 15 / 35 ft 75 ft No
Interchange Business 0.92 ac 35 / 15 / 35 ft 75 ft As of right

Hamlet/Mixed Use - The figures shown apply to land without public water or sewer. With service the minimums drop sharply, to as little as 10,000 square feet (0.2296 acre) on 100 ft of width and depth where there is public water and sewer.

  • With public water and sewer: 10,000 square feet (0.2296 acre) on 100 ft of width and depth, a 20 ft side yard, and 20% building coverage.
  • With public sewer but no public water: 15,000 square feet (0.3444 acre) on 100 ft of width and 150 ft of depth, a 20 ft side yard, and 20% building coverage.
  • On shared sewer only: 25,000 square feet (0.5739 acre) on 125 ft of width and 200 ft of depth, with the same 35 ft yards and 40% building coverage as unserviced land.
  • Total coverage is capped at 70% whatever the water and sewer service, separately from the 40% building coverage, so drives and parking count against a second limit.
  • The 75 ft height allowance is subject to Fire Department capabilities.

Rural Residential - The figures shown apply to land with no public water or sewer. With public water and sewer the minimum lot falls to 10,000 square feet (0.2296 acre) on 100 ft of width and depth, and the side and rear yards to 20 ft.

  • With public sewer but no public water, the minimum lot is 15,000 square feet (0.3444 acre) on 100 ft of width and 150 ft of depth, with 20 ft side and rear yards.
  • On shared sewer only, the minimum lot is 25,000 square feet (0.5739 acre) on 125 ft of width and 200 ft of depth, and the 35 ft yards still apply.
  • The 35 ft front yard applies whatever the water and sewer service.
  • Building coverage is capped at 20%, with impervious coverage capped separately at 70%.
  • A dwelling needs at least 1,000 square feet of floor area.

Residential Settlement - The two acre minimum lot size holds whether or not public water or sewer service is available, since RS carries a single set of figures rather than separate standards for served lots.

  • The 35 ft side yard applies on each side of the lot.
  • The 20% cap covers building coverage; no separate impervious surface coverage limit is published for this district.

Recreational River Corridor - Beyond the yard setbacks shown, buildings must stand 150 ft back from the river, and a lot needs 150 feet of river frontage.

  • The figures apply whatever the water and sewer service, with no separate standards for served lots.
  • Standards in this district carry out the river management plan the town is party to, so the river setback and frontage drive what fits on a lot.

Neighborhood Residential - The figures shown apply where the lot has no community wastewater service. Where community wastewater serves the lot, the minimum lot size falls to 0.5 acre and the front and rear yards each drop to 20 ft.

  • The 35 ft side yard and the 20% building coverage cap apply whether or not the lot has community wastewater service.
  • The 100 ft lot width, 200 ft lot depth, 35 ft height limit and 1,000 square foot minimum dwelling size are the same either way.

Industrial - The figures shown apply to a lot with no public water or sewer, 40,000 square feet, the binding case for most land here. With public water and sewer the lot can be 0.2296 acre on 100 ft of width and depth, with 20 ft front and rear yards.

  • With public sewer but no public water, the lot is 0.3444 acre on 100 ft of width and 150 ft of depth, with 20 ft front and rear yards.
  • On shared sewer only, the lot is 0.5739 acre on 125 ft of width and 200 ft of depth, and the 35 ft front and rear yards still apply.
  • The 15 ft side yard on one side does not change with water or sewer service.
  • Building coverage is capped at 40%, with impervious coverage capped separately at 70%.
  • The 75 ft height allowance is subject to Fire Department capabilities.

Interchange Business - The figures shown apply where the lot has no public water and sewer, 40,000 square feet. Where service is available the minimum lot size is smaller, and in some cases the front and rear yards are too, so confirm what serves the parcel first.

  • With public water and sewer, the minimum lot is 0.2296 acre on 100 ft of width and depth, with 20 ft front and rear yards.
  • With public sewer but no public water, the minimum lot is 0.3444 acre on 100 ft of width and 150 ft of depth, with 20 ft front and rear yards.
  • On shared sewer only, the minimum lot is 0.5739 acre on 125 ft of width and 200 ft of depth, and the 35 ft front and rear yards do not change.
  • The 15 ft side yard on one side is the same whatever water and sewer service the lot has.
  • Beyond the 40% building coverage, impervious coverage is capped separately at 70%.
  • The 75 ft height allowance is subject to Fire Department capabilities.

ADUs vs. short-term rentals in Deerpark

No local short-term-rental law on record - which is not the same as permission for Town of Deerpark. Deerpark has no local short-term rental law as of June 2026. That is not the same as permission, so confirm with the Town building department 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

ADU FAQ — Deerpark, NY

Are ADUs allowed in Deerpark, NY?

Town of Deerpark has 7 districts. 6 districts prohibit ADUs, 1 allows them. Check your address with the free ADU checker, or confirm with the building department at (845) 856-2210.

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

No district in Town of Deerpark requires a special-use permit for an ADU - 6 districts prohibit ADUs, 1 allows them. Site-plan review or a building permit may still apply.

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

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

Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $205k–270k 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 Deerpark, priced by size.

How we know this

Sections analyzed
230 Attachment 1 (Schedule of District Regulations) · § 230-4
Districts confirmed
7 of 7 — 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 Deerpark is compiled from the municipal code (last reviewed 2026-09-30) 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) 856-2210 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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