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ADU · Ulster County

Can you build an ADU in Shandaken, NY?

Town of Shandaken has 8 districts. 6 districts allow ADUs with a special-use permit, 2 do not. Check your address to confirm the district that applies to your parcel:

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What the Shandaken code says

An accessory apartment inside a single-family dwelling needs a special use permit from the Planning Board in R5, R3, R1.5, HR, HC and HB. It is prohibited in CLI and FW.

Conditions the code attaches:

What the Shandaken 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 (R5) 5 ac 75 / 75 / 75 ft 35 ft Special permit
Residential (R3) 3 ac 60 / 50 / 60 ft 35 ft Special permit
Residential (R1.5) 1.5 ac 50 / 25 / 50 ft 35 ft Special permit
Hamlet Residential (HR) 1 ac 40 / 25 / 40 ft 35 ft Special permit
Hamlet Commercial (HC) 0.34 ac 25 / 10 / 25 ft 35 ft Special permit
Highway Business (HB) 1.5 ac 60 / 40 / 60 ft 35 ft Special permit
Commercial/Light Industrial (CLI) 2 ac 75 / 50 / 75 ft 35 ft No
Floodway (FW) — — — No

Residential (R5) - Lot area may be reduced by 50%, to 2.5 acres, where the lot is served by and connected to a municipal sewage disposal system. A two-family dwelling needs 8 acres, 60% more than a single-family one.

  • The 60% increase for a two-family dwelling applies to whichever row governs, so a two-family on a municipal sewer lot takes 60% above that row.
  • At least 80% of the site must be left as open space.
  • The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
  • No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
  • The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.

Residential (R3) - Lot area may be reduced by 50%, to 1.5 acres, where the lot is served by and connected to a municipal sewage disposal system. A two-family dwelling needs 4.8 acres, 60% more than a single-family one.

  • The 60% increase for a two-family dwelling applies to whichever row governs, so a two-family on a municipal sewer lot takes 60% above that row.
  • At least 70% of the site must be left as open space.
  • The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
  • No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
  • The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.

Residential (R1.5) - In a cluster subdivision the Planning Board may set the minimum lot at 1 acre with central water, or 0.75 acre with central water and municipal sewer. A cluster is not available by right. A two-family dwelling needs 2.4 acres.

  • Cluster yield may not exceed the lot count of an approvable conventional sketch plat (§ 116-32 and Town Law § 281).
  • On central water a cluster lot takes a 150 ft width; with municipal sewer too, 120 ft, 40 ft front and rear yards and up to 15% coverage.
  • At least 60% of the site must be left as open space.
  • The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
  • No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
  • The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.

Hamlet Residential (HR) - The minimum lot drops to 0.67 acre with central water, and to 0.5 acre with central water and municipal sewer; on the second the minimum width is 100 ft, the yards fall to 30 ft front, 20 ft side and 35 ft rear, and coverage may reach 20%.

  • With central water alone the width is 120 ft and coverage may reach 15%.
  • A two-family dwelling here is held to the same minimum lot area as a single-family one.
  • At least 60% of the site must be left as open space, 40% with central water and municipal sewer.
  • The front yard is 100 ft where the premises front on NYS Route 28, though the Planning Board may allow the district figure within 200 ft of existing structures set back less than 100 ft.
  • No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
  • The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.

Hamlet Commercial (HC) - The minimums shown apply only with both municipal water and municipal sewer. With only one of the two the lot minimum is 25,000 sq ft at 120 ft wide, with yards of 30 ft front, 20 ft side and 35 ft rear, and 20% coverage.

  • At least 30% of the lot must be left as open space, and 35% on a lot with only one of the two utilities.
  • The schedule sets no standard for a lot with neither municipal water nor municipal sewer.
  • Premises fronting on NYS Route 28 need a 100 ft front yard, though the Planning Board may allow the district figure where development lies within 200 ft of structures set back less than 100 ft.
  • No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).
  • The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.

Highway Business (HB), Commercial/Light Industrial (CLI) - At least 40% of the lot must be left as open space. No more than 25% of the required minimum lot area may be NYSDEC wetland or FEMA 100-year floodplain (§ 116-21).

  • Premises fronting on NYS Route 28 need a 100 ft front yard, though the Planning Board may allow the district figure where development lies within 200 ft of structures set back less than 100 ft.
  • The minimum lot area per single-family dwelling unit also governs authorised commercial premises, except where § 116-40 states a greater acreage for a special permit use.

Floodway (FW) - No development is permitted in the Floodway district.

ADUs vs. short-term rentals in Shandaken

Short-term rentals allowed with registration for Town of Shandaken. A short-term rental permit is required. Permits for homes that are not owner-occupied are capped at 150 in total, so a new applicant may face a waitlist. There is no cap on owner-occupied permits. 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. Municipal source

Good to know

ADU FAQ — Shandaken, NY

Are ADUs allowed in Shandaken, NY?

Town of Shandaken has 8 districts. 6 districts allow ADUs with a special-use permit, 2 do not. Check your address with the free ADU checker, or confirm with the building department at (845) 688-5021.

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

It depends on the district: 6 of 8 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 Shandaken?

Short-term rentals allowed with registration for Town of Shandaken. 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 Shandaken

Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $200k–265k 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 Shandaken, priced by size.

How we know this

Sections analyzed
§ 116-10 District Schedule of Use Regulations; § 116-40.P and Q
Districts confirmed
8 of 8 — 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 Shandaken 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) 688-5021 before relying on any answer. Source: the Offsite / Aldo zoning dataset.

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