ADU · Rockland County

Can you build an ADU in Upper Nyack, NY?

Village of Upper Nyack has 11 districts. 7 districts allow ADUs with a special-use permit, 4 do not. Check your address to confirm the district that applies to your parcel:

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What the Upper Nyack code says

An owner-occupied accessory apartment is a special use permit use in every residential district (§ 9.6.11), and the owner must live in one of the two units for the life of the permit. One is allowed per lot, only accessory to a one-family dwelling.

Conditions the code attaches:

The lot needs a net lot area that is the greater of the district minimum or 10,000 sq ft, plus the district's minimum frontage.
The apartment must be at least 300 sq ft and no more than 40% of the principal building's floor area.
It may sit in the principal building, or in an accessory building whose original certificate of occupancy was issued at least 5 years before the application.
The permit must be renewed within 6 months of a transfer of title.
The accessory apartment is not available in MB or OB.
Confirm current requirements with the Building Department at (845) 358-0084.

What the Upper Nyack 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
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.

ADUs vs. short-term rentals in Upper Nyack

Short-term rentals allowed with local rules for Village of Upper Nyack. 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. 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 minimum0.17–3.67 ac — an ADU still has to fit the district's lot and setback envelope.
UtilityOrange & Rockland territory.
Zoning codeuppernyack.gov/DocumentCenter/View/344/Village-of-Upper-Nyack-Zoning-Law
Building dept(845) 358-0084

ADU FAQ — Upper Nyack, NY

Are ADUs allowed in Upper Nyack, NY?

Village of Upper Nyack has 11 districts. 7 districts allow ADUs with a special-use permit, 4 do not. Check your address with the free ADU checker, or confirm with the building department at (845) 358-0084.

Do I need a special permit for an ADU in Upper Nyack?

It depends on the district: 7 of 11 require a special-use permit, the rest do not. Check the district that applies to your parcel before you design.

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

Short-term rentals allowed with local rules for Village of Upper Nyack. 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.

Run the free ADU check for your parcel →

What an ADU costs to build in Upper Nyack

Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $225k–295k 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 Upper Nyack, priced by size.

How we know this

Zoning code: uppernyack.gov/DocumentCenter/View/344/Village-of-Upper-Nyack-Zoning-Law
Districts confirmed: 11 of 11 — every mapped district.
Last reviewed: 2026-07-22
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 Upper Nyack: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Rockland County · All Rockland County towns

ADU information for Village of Upper Nyack is compiled from the municipal code (last reviewed 2026-07-22) 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) 358-0084 before relying on any answer. Source: the Offsite / Aldo zoning dataset.