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:
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 (min lot width and frontage 175 ft; side yards 100 ft each / 200 ft total; max development coverage 10% and max building coverage 5% of net lot area; max FAR 0.10; accessory buildings capped at 15 ft) | 3.67 ac | 50 / 100 / 100 ft | 35 ft | Special permit |
| Residential-Conservation (min lot width and frontage 175 ft; side yards 30 ft each / 60 ft total; max development coverage 10% and max building coverage 5% of net lot area; max FAR 0.10; accessory buildings capped at 15 ft) | 1.84 ac | 50 / 30 / 30 ft | 35 ft | Special permit |
| Low Density Residential (min lot width and frontage 150 ft; side yards 30 ft each / 60 ft total; max development coverage 20% and max building coverage 10% of net lot area; max FAR 0.15. Height rises to 35 ft if the principal building is set back at least 45 ft from the front lot line and 35 ft from the side and rear lot lines) | 0.92 ac | 35 / 30 / 30 ft | 28 ft | Special permit |
| Low-Medium Density Residential (min lot width and frontage 100 ft; side yards 25 ft each / 50 ft total; max development coverage 25% and max building coverage 12% of net lot area; max FAR 0.20. Height rises to 35 ft if the principal building is set back at least 45 ft from the front lot line and 35 ft from the side and rear lot lines) | 0.69 ac | 35 / 25 / 25 ft | 28 ft | Special permit |
| Medium Density Residential (min lot width and frontage 100 ft; side yards 25 ft each / 50 ft total; max development coverage 25% and max building coverage 12% of net lot area; max FAR 0.20. Height rises to 35 ft if the principal building is set back at least 45 ft from the front lot line and 35 ft from the side and rear lot lines) | 0.46 ac | 35 / 25 / 25 ft | 28 ft | Special permit |
| Medium-High Density Residential (min lot width and frontage 90 ft; side yards 25 ft each / 50 ft total; max development coverage 40% and max building coverage 20% of net lot area; max FAR 0.25) | 0.23 ac | 35 / 25 / 25 ft | 28 ft | Special permit |
| High-Density Residential (min lot width and frontage 75 ft; side yards 10 ft each / 20 ft total; max development coverage 40% and max building coverage 20% of net lot area; max FAR 0.25. An accessory apartment here still needs a 10,000 sf lot, well above the 7,500 sf district minimum) | 0.17 ac | 15 / 10 / 25 ft | 25 ft | Special permit |
| Marine Business (min lot width and frontage 50 ft; side yards 25 ft each / 50 ft total; max development coverage 80% and max building coverage 30% of net lot area; max FAR 0.5. No dwelling units are permitted in this district) | 0.92 ac | 35 / 25 / 15 ft | 35 ft | No |
| Village Center (min lot width and frontage 30 ft; side yards 5 ft each / 10 ft total; max development coverage 80% and max building coverage 30% of net lot area; max FAR 0.5. Front yard is measured off the specific street: 10 ft from a lot line adjacent to North Broadway, 5 ft from a lot line adjacent to Castle Heights Avenue or School Street — the 5 ft figure is recorded here. One-family dwellings are permitted by right, and dwelling units above a nonresidential use are allowed by special permit at one unit per 7,500 sf of net lot area) | 0.09 ac | 5 / 5 / 10 ft | 35 ft | No |
| Office Business (min lot width and frontage 100 ft; side yards 15 ft each / 30 ft total; max development coverage 80% and max building coverage 30% of net lot area; max FAR 0.5; minimum 35 ft between buildings on the same lot) | 0.57 ac | 20 / 15 / 15 ft | 35 ft | No |
| OB Residential Overlay (min lot width and frontage 90 ft; side yards 15 ft each / 30 ft total; max development coverage 40% and max building coverage 20% of net lot area; max FAR 0.25. Front setback is 20 ft generally but 40 ft from Route 9W. One-family dwellings are the principal permitted use and the district has NO special-permit uses, so no accessory apartment and no short-term rental here) | 0.32 ac | 20 / 15 / 25 ft | 35 ft | No |
ADUs vs. short-term rentals in Upper Nyack
Short-term rentals allowed with local rules for Village of Upper Nyack. Short-term rental is a DEFINED and REGULATED use in Upper Nyack: § 2.1.112 defines it as renting a dwelling unit for lodging for less than 30 days, and § 9.6.19.1 makes short-term rental without a Special Use Permit expressly PROHIBITED. Conditions on the permit: the lot and all buildings must be inspected by the Code Enforcement Official before the permit is granted and annually thereafter (or certified by a licensed NY architect or engineer, per L.L. 1 of 2025); at least 2 parking spaces 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; the permit must be renewed within 6 months of any transfer of title, with a note to that effect on the certificate of occupancy; and the Certificate of Compliance must be posted conspicuously inside the dwelling. Short-term rental is available by special permit in the seven residential districts and in VC; it is NOT a listed use in MB, OB or OBRO. Separately, since 2025 New York State requires every short-term-rental host to register the unit with the State through the county registry. 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.
- Building dept(845) 358-0084
- Last reviewed2026-07-22
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.
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.
More on Upper Nyack: Full zoning for new construction · ADU build cost · House build cost · 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: Offsite / Aldo zoning dataset, municipalData.js.