Kingston ADU Zoning Guide

Last reviewed 2026-04-27

Max size650 sq ft
Owner occupancyRequired

Kingston (City of) legalized ADUs citywide under its 2023 form-based zoning code. ADUs are allowed on every single-family lot, parking minimums were repealed, and pre-approved ADU plans are available through the City's ADU design competition.

Status

Adoption status: Active — In 2023, the City of Kingston legalized ADUs citywide with its new form-based zoning code
Governing ordinance: Kingston form-based zoning code, adopted 2023
ADU design competition: In 2023, Kingston launched an ADU design competition to provide pre-approved plans for homeowners

Eligibility

Where ADUs are allowed

Zoning districts permitted: Citywide — all single-family lots
Lot type / use restrictions: Single-family lots only
Limit per property: One ADU per lot

Types allowed

Attached ADU (interior conversion): Yes
Attached ADU (addition): Yes
Detached ADU (new construction): Yes
Detached ADU (accessory structure conversion): Yes

Size and placement

Size limits

Minimum sq ft: 300 sq ft
Maximum sq ft: 50% of the principal structure's square footage OR 650 sq ft, whichever is GREATER
Maximum sq ft (detached ADU): 1,000 sq ft
Maximum height: 25 ft or the height of the primary dwelling, whichever is less

Setbacks

General rule: ADUs must comply with applicable zoning district setback requirements

Rules for use

Parking

Requirement: No additional off-street parking required for ADUs
Exception: If ADU construction removes an existing on-site parking space, the space must be replaced elsewhere on the lot in compliance with the form-based code. Where physically feasible, an existing curb cut may instead be eliminated to create one new on-street parking space that compensates for the lost on-site space.

Owner occupancy

Required: Yes — owner occupancy is required; ADU may not be sold separately from the main dwelling

Rental use

Minimum lease term: Minimum 90-day rental period required
Short-term rental: Prohibited — no STR use of ADU permitted
Separate sale prohibited: ADU may not be sold separately from the main dwelling

How to apply in Kingston

Permit required: Building permit from City of Kingston Building Safety and Zoning Enforcement Department
Contact: City of Kingston Building Safety and Zoning Enforcement, City Hall, 420 Broadway, Kingston, NY 12401

Recent and pending changes

2023 form-based zoning code
Kingston adopted a new form-based zoning code in 2023 that legalized ADUs citywide and launched an ADU design competition for pre-approved plans

Important details

Ulster County Plus One ADU Program: Up to $112,500 available for eligible Kingston homeowners. Administered by RUPCO. 10-year affordability covenant; tenant must be income-qualified; no STR use
Pre-approved design plans: The city launched an ADU design competition in 2023 to create a library of pre-approved plans that homeowners can use to streamline the permitting process
Form-based code: Kingston's 2023 form-based zoning code governs ADUs in all residential areas citywide, replacing prior zoning that had restricted ADU development

Frequently asked questions

Are ADUs legal citywide in Kingston?

Yes, Kingston allows ADUs citywide under its Form-Based Development Code adopted in August 2023. You only need a building permit if the ADU is contained within the primary structure with no changes to the footprint.

When do I need Planning Board approval for a Kingston ADU?

If your ADU alters the exterior of the primary structure or is detached, you will need a Conditional Use Permit from the Planning Board instead of a simple building permit.

Has Kingston's ADU zoning recently changed?

Yes, Kingston adopted its new Form-Based Development Code in August 2023, which streamlined ADU approval compared to the previous zoning ordinance.

Sources (5)

Last reviewed 2026-04-27. Local rules can change — verify the latest details with the Kingston planning department, or book a free consultation with our team before starting your project. This page is informational and is not legal advice.

Kingston ADU regulations.