- Max size1,000 sq ft
- Owner occupancyRequired
Tarrytown's zoning regulations are relatively welcoming to ADUs, creating solid opportunities for homeowners seeking to maximize their property value. Whether you're considering a rental unit to supplement household income, additional space for aging parents or adult children, or a detached home office and guest suite, understanding the local zoning rules is essential to moving forward with confidence. We've reviewed Tarrytown's zoning regulations in detail and outlined the key requirements below. Rules can change, so confirm details with the Tarrytown Planning Department or book a free consultation with our team before starting your project.
Status
- Adoption status
- Active — Local Law 2-2023 was adopted to permit accessory dwelling units in Single Family Residential Zones; the Village adopted the legislation in 2023 following a public hearing on February 8, 2023 and the work of the Housing Affordability Task Force
- Governing ordinance
- Village of Tarrytown Local Law 2-2023; codified in Chapter 305 (Zoning)
Eligibility
Where ADUs are allowed
- Zoning districts permitted
- All Single Family Residential Zones
- Detached restriction
- Newly constructed detached ADUs are only permitted in zones where the minimum lot size is 15,000 sq ft or greater (R-15 through R-80); in smaller lot zones (R-5, R-7.5, R-10) only attached/interior ADUs are allowed
- Lot type / use restrictions
- Single-family residential lots only; multi-family homes grandfathered into single-family zones cannot add an ADU
- Minimum lot area required
- 15,000 sq ft for detached ADU construction; no lot minimum specified for attached/interior conversions beyond applicable zone requirements
- Limit per property
- One ADU per lot
Types allowed
- Attached ADU (interior conversion — basement/attic)
- Yes — permitted in all single-family residential zones
- Attached ADU (addition)
- Yes, subject to site plan review if the addition triggers existing thresholds
- Detached ADU (garage conversion)
- Yes, but triggers site plan review if it removes required parking for the principal dwelling
- Detached ADU (new construction)
- Yes, but only permitted in zones with minimum lot size of 15,000 sq ft or greater (R-15 through R-80)
Size and placement
Size limits
- Minimum sq ft
- 300 sq ft
- Maximum sq ft
- 1,000 sq ft or 50% of the size of the existing property (principal dwelling), whichever is less
- Maximum bedrooms
- 2 bedrooms in zones with larger lots (R-15 and above); only studios or 1-bedrooms in smaller lot zones (R-5, R-7.5, R-10)
Setbacks
- General rule
- ADUs that do not expand the footprint of an existing structure and do not involve historic properties do not require site plan approval and therefore automatically meet existing setback requirements by being within the envelope of the existing building. ADUs that expand the footprint are subject to Planning Board site plan review and must comply with applicable zone setback requirements (§305-132)
- Non-conforming lots
- A property owner on a non-conforming lot with a non-conforming out-building (e.g., 3 ft setback) may face cost-prohibitive code upgrades (fire sprinklers, non-combustible structural elements) to convert the structure to an ADU
- Specific numeric setbacks by zone
- Not reproduced in the FAQ document; consult Chapter 305 or the Village Building Department for zone-specific numbers
Rules for use
Parking
- Standard requirement
- One additional off-street parking space required for an ADU, in addition to the two off-street parking spaces required for all single-family residences
- Exception
- For dwellings north of Rt. 119 and west of Broadway, no additional parking is required for an ADU
- Garage conversion
- If minimum required parking for the principal dwelling is removed to create an ADU, the proposal must go to Planning Board for site plan review
Owner occupancy
- Required
- Yes — the owner must live on the property in either the primary unit or the ADU
- Enforcement
- Owner must re-register the ADU with the Building Department when ownership transfers; the affidavit must be re-signed at each transfer
Rental use
- Minimum lease term
- 6-month minimum lease required for all ADU rentals
- Short-term rental
- Prohibited — 6-month minimum lease requirement enforced by Code Enforcement
- Rent control
- The Village does not regulate rents; rental price is market-driven
How to apply in Tarrytown
- Building permit
- Always required
- No Planning Board review required
- If ADU is within the existing footprint of an existing structure and not in a historic district; standard building permit only
- Planning Board site plan review required when
- (1) ADU expands the footprint or square footage of the existing structure beyond existing code thresholds; (2) a garage conversion removes required parking; (3) the property is in the historic district or is a historic landmark
- Architectural Review Board
- Required for historic district/landmark properties
- Registration
- Prior to issuance of Certificate of Occupancy, homeowner must register the ADU and sign affidavit of compliance; affidavit must be re-signed at ownership transfer
- Contact
- Village of Tarrytown Building Department, 21 Main Street, Tarrytown, NY 10591
Recent and pending changes
- Local Law 2-2023 adoptionVillage of Tarrytown adopted Local Law 2-2023 permitting ADUs in all single-family residential zones; public hearing was held February 8, 2023
Important details
- Westchester Plus One ADU Program: Up to $125,000 available through Habitat for Humanity Westchester plus technical assistance for eligible homeowners; 10-year affordability covenant; income eligibility applies
- ZBA cannot vary the ADU size limit: If a property does not meet ADU standards, the Zoning Board of Appeals may be sought, but ADU-specific special permit limits cannot be varied by the ZBA
- ADUs do increase assessed value: Adding an ADU will likely increase the assessed property value and therefore property taxes
Frequently asked questions
What is the minimum lot size for an ADU in Tarrytown?
Tarrytown requires a minimum of 15,000 square feet of property in single-family residential zones to build an ADU. This requirement applies across all residential zones.
How large can an ADU be in Tarrytown?
ADUs in Tarrytown must be between 300 and 1,000 square feet. Only one ADU is permitted per lot, and it must be owner-occupied.
Can I build a detached ADU in smaller Tarrytown residential zones?
Detached ADUs can only be built in larger residential zones (R-80, R-60, R-40, R-30, R-20, and R-15). In smaller zones, ADUs must be within an existing or addition to the main building.
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Last reviewed 2026-04-26. Local rules can change — verify the latest details with the Tarrytown planning department, or book a free consultation with our team before starting your project. This page is informational and is not legal advice.