Accessory Dwelling Units: Revised Local Law for Public Hearing on Wednesday, February 8, 2023

The Local Law to amend the Zoning Code to permit Accessory Dwelling Units in Single Family Residential Zones has been amended, based on community input. Residents are invited to attend the public hearing on Wednesday, February 8, 2023 in Village Hall to comment on the proposed local law.

If you are not yet familiar with the proposed zoning code change that will apply to all Single Family Residential Zoning Districts, we have gathered information on the web page of the Housing Affordability Task Force here, with a Q and A explainer here. A recent New York Times article highlighted some of the issues informing the discussion on a national scale.

The latest version of the local law is below with highlights of some of the most recent revisions, and a pdf version with highlights can be found here.

The following is a brief summary of changes that have been made since the public hearing held on January 3, 2023: 

• The amendment to the code permitting Accessory Dwelling Units is a PILOT INITIATIVE to be reviewed after the installation of 10 new units or one year, whichever comes first. This will ensure that the impact on the community will be monitored and reviewed for possible revision.

• A designated on-site parking space for an ADU will be required in all single family residential zones except those that are located north of Rt 119 and west of Broadway. This is in addition to the TWO on-site parking spaces already required for all single family residences. If the installation of an ADU will reduce the number of on-site parking spaces below what is required (for instance if a garage is transformed into an ADU), the applicant will need to go before a land use board for review.

• The owner must sign an affidavit attesting to compliance with all regulations for an ADU. The same affidavit will be required at every subsequent transfer of ownership of the property with an ADU.

• ADUs installed in single family zoning districts with smaller lots - R-10, R-7.5 and R-5 - will be limited to a studio or one-bedroom unit only, and ADUs in separate structures will be prohibited in those zones.

• For main buildings on a property: An ADU can be in an existing non-conforming single-family home main building as long as the non-conforming elements are not made more non-conforming and the height does not increase on buildings that don't meet setback requirements (please excuse the legal speak - sometimes it can't be helped). For instance, if the main building is non-compliant because it is too close to the neighbor's property line, the ADU cannot increase the building's height by adding an additional story.

• For accessory buildings: If an ADU is installed in an accessory building (like a garage), whether previously existing or newly constructed, the ADU must comply with code. Please note that a new accessory structure for an ADU will only be permitted to be built in the zones with larger lots - R-80, R-60, R-40, R-30, R-20, R-15.

As a reminder, a building permit will be required for all construction to ensure compliance with building code regulations.

And a reminder about the building permit process: As with all proposed renovations or construction that does comply with code, the homeowner has the right to apply to the Zoning Board of Appeals for a variance.

Please reach out to the Administrator's office with any questions: administrator@tarrytownny.gov or (914) 631-1785. If you cannot attend the public hearing on February 8th, you may submit public comment to the Village Clerk's office until 3pm the day of the hearing: kgilligan@tarrytownny.gov.

Local Law 2-2023 below or click to the pdf here.