Rockland County

Village of Upper Nyack, NY: zoning for new construction

11 districts Min residential lot 0.17–3.67 ac Orange & Rockland

Residential lots in the Village of Upper Nyack run from a 0.17-acre minimum in High-Density Residential up to 3.67 acres in Residential-Conservation R-160, across 11 zoning districts in all. Short-term rentals allowed with local rules. Power here is Orange & Rockland territory. The district table below has the setbacks, height limits and coverage - confirm the specifics with the building department at (845) 358-0084 before you rely on a figure.

Looking specifically at an accessory dwelling unit? See ADU rules for Upper Nyack →

Zoning districts

District	Min lot	Setbacks F / S / R	Max height	ADU
Residential-Conservation R-160	3.67 ac	50 / 100 / 100 ft	35 ft	Special permit
Residential-Conservation R-80	1.84 ac	50 / 30 / 30 ft	35 ft	Special permit
Low Density Residential	0.92 ac	35 / 30 / 30 ft	28 ft	Special permit
Low-Medium Density Residential	0.69 ac	35 / 25 / 25 ft	28 ft	Special permit
Medium Density Residential	0.46 ac	35 / 25 / 25 ft	28 ft	Special permit
Medium-High Density Residential	0.23 ac	35 / 25 / 25 ft	28 ft	Special permit
High-Density Residential	0.17 ac	15 / 10 / 25 ft	25 ft	Special permit
Marine Business	0.92 ac	35 / 25 / 15 ft	35 ft	No
Village Center	0.09 ac	5 / 5 / 10 ft	35 ft	No
Office Business	0.57 ac	20 / 15 / 15 ft	35 ft	No
Office Business Residential Overlay	0.32 ac	20 / 15 / 25 ft	35 ft	No

Residential-Conservation R-160 - The two side yards must total 200 ft, so a lot at the 175 ft minimum width leaves no building envelope at all; the lot must be far wider than the minimum before anything can be built between the side yards.

The 10% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 5% building coverage is the footprint alone.
Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Residential-Conservation R-80 - The 10% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 5% building coverage is the footprint alone.

Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Low Density Residential - The 28 ft height may rise to 35 ft where the principal building stands at least 45 ft from the front lot line and 35 ft from the side and rear lot lines.

The 20% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 10% building coverage is the footprint alone.
Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Low-Medium Density Residential, Medium Density Residential - The 28 ft height may rise to 35 ft where the principal building stands at least 45 ft from the front lot line and 35 ft from the side and rear lot lines.

The 25% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 12% building coverage is the footprint alone.
Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Medium-High Density Residential - The 40% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 20% building coverage is the footprint alone.

Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

High-Density Residential - The 40% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 20% building coverage is the footprint alone.

The 25 ft height limit gets no bonus for setting the building further back.
Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Marine Business, Office Business - The 80% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 30% building coverage is the footprint alone.

Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Village Center - The front yard depends on the street: 10 ft from a lot line adjacent to North Broadway, and 5 ft from one adjacent to Castle Heights Avenue or School Street.

The 80% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 30% building coverage is the footprint alone.
Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Office Business Residential Overlay - A building must also stand 40 ft back from Route 9W, more than twice the 20 ft front yard. OBRO is an overlay on the OB district and replaces its bulk rules where it applies.

The 40% development coverage counts buildings plus driveways, parking, terraces and every other impervious surface and usually binds first; the 20% building coverage is the footprint alone.
Every percentage here is of net lot area, not gross, and net excludes what § 2.1.64 takes out.
No two buildings on the same lot may stand closer than 10 ft, and parking areas, access driveways and walkways must keep 5 ft from any lot line.
Accessory buildings and structures are capped at 15 ft and must meet the same yards as the principal building unless a section says otherwise.
Where the bulk table and any other part of the zoning law conflict, the more restrictive provision governs.

Short-term rentals

Short-term rentals allowed with local rules. A short-term rental, a dwelling unit rented for lodging for less than 30 days, needs a Special Use Permit, and without one it is expressly prohibited (§ 9.6.19.1). The permit is available in the seven residential districts and VC only.

Conditions the code attaches:

The Code Enforcement Official must inspect the lot and all buildings before the permit is granted and every year after, or a licensed New York architect or engineer may certify them.
At least 2 parking spaces are required on the same lot, plus 1 more for each bedroom above four.
The owner's and a permanently reachable contact person's name, address, phone and email must be filed with the Building Department and kept current.
Occupancy may not exceed what the Uniform Code allows, and the Certificate of Compliance must be posted conspicuously inside the dwelling.
The permit must be renewed within 6 months of any transfer of title, and the certificate of occupancy carries a note saying so.
Since 2025, New York State requires every short-term rental host to register the unit with the State through the county registry.

Good to know

UtilityOrange & Rockland territory.
Zoning codeVillage of Upper Nyack Zoning Law, adopted 2-10-2022 by L.L. No. 5 of 2022, amended through L.L. 2 of 2025 (3-21-2025); bulk table at § 4.4.2
Building dept(845) 358-0084
Last reviewed2026-07-22

Working out a budget? A standard-finish build here runs $229–$300/sq ft - see the full cost to build a house in Upper Nyack, or what an ADU costs here.

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Other Rockland County towns

All Rockland County zoning: Clarkstown · Haverstraw · Orangetown · Ramapo · Stony Point · Airmont (Village) · Chestnut Ridge (Village) · Grand View-on-Hudson (Village) · Haverstraw (Village) · Hillburn (Village) · Montebello (Village) · New Hempstead (Village) · Nyack (Village) · Piermont (Village) · Pomona (Village) · Sloatsburg (Village) · Spring Valley (Village) · Suffern (Village) · Wesley Hills (Village) · West Haverstraw (Village)

Zoning figures for Village of Upper Nyack are compiled from the municipal code (last reviewed 2026-07-22) and provided for decision-support only - not legal, engineering, or architectural advice. Setback and dimensional standards often carry conditions and exceptions; verify with the building department at (845) 358-0084 before relying on any number. Source: the Offsite / Aldo zoning dataset.