Town of Delhi, NY: zoning for new construction

Residential - The 25% cap is lot coverage, not footprint: § 502 counts principal buildings, roofed porches, garages, carports, other accessory buildings and paved parking and driveway areas, so a long drive eats into the allowance.

• A larger lot may be required: a parcel carrying flood hazard, wetland, steep slope or high elevation is sized by the calculation in § 407H(1) rather than by the minimum lot size shown.
• The 15 ft front setback runs from the boundary of a road or right-of-way 50 ft or more in width. On a road or right-of-way under 50 ft, the measure is 40 ft from the centre line.
• A maximum lot depth-to-width ratio of 3:1 applies in R, which rules out a deep, narrow lot.
• The Village of Delhi is a separate jurisdiction with its own code, and its figures do not govern a parcel in the town.
• This lot coverage percentage is not comparable to a neighbouring town's building coverage percentage.

Rural I - The 25% coverage cap counts driveways and paved parking, not just buildings (§ 502). A parcel carrying flood hazard, wetland, steep slope or high elevation is sized by the Development Limitations Overlay calculation, not the one-acre minimum.

• The larger-lot sizing method is set out in § 407H(1), so confirm how much buildable area a constrained parcel yields before pricing it.
• The 15 ft front setback is measured from the boundary of a road or right-of-way 50 ft or more in width. On a narrower right-of-way, the building must sit 40 ft from the centre line.
• A maximum lot depth-to-width ratio of 3:1 applies in R-1, which rules out a deep, narrow lot.
• The 200 ft of lot width has to be continuous road frontage.
• R-1 covers land within 500 feet of the public highways selected on the district map, and a lot needs direct frontage on and direct access to that road (§ 405A).

Rural III-V - A lot with direct access and frontage on a public highway can use reduced figures under § 406G: 3 acres, 250 ft of frontage and 20% coverage. A public highway is a road maintained by the State, County or Town on or before the 1990 effective date of the ordinance.

• Roads that became publicly maintained after adoption in 1990 are not public highways for the purpose of reducing lot dimensions under § 406G.
• A lot reached by a private right-of-way is governed by the § 406F figures shown.
• Lot coverage under § 502 counts principal buildings, roofed porches, garages, carports, other accessory buildings and paved parking and driveway areas.
• The front setback is 15 ft from the boundary of any road or right-of-way 50 ft or more in width, or 40 ft from the centre line of a road or right-of-way under 50 ft.
• A maximum lot depth-to-width ratio of 4:1 applies in Rural III-V, which rules out a deep narrow lot.
• A parcel carrying flood hazard, wetland, steep slope or high elevation is sized by the Development Limitations Overlay calculation in § 407H(1), which can call for a larger lot.

Development Limitations Overlay - This overlay keeps the underlying district's setbacks, coverage and uses. Density instead comes from net developable acreage, total parcel acreage minus the acreage inside the overlay, divided by the underlying minimum lot size (§ 407H(1)).

• Where the entire parcel lies within the overlay, the minimum lot size is twice the underlying district's; whichever of the two methods yields the greater number of lots applies (§ 407H(1)).
• No further building construction for any purpose is permitted within a designated flood hazard area, and no zoning permit issues there until the Planning Board grants a special use permit (§ 407G(1)).
• Construction within 100 feet of a New York State wetland gets no zoning permit until the applicant holds every applicable DEC approval (§ 407C(1)).
• The overlay is triggered by flood hazard areas, freshwater wetlands, slopes of 15% or more, and elevations of 2,000 feet or more (§ 407A).
• All of the acreage and lot calculations must be supplied by a licensed surveyor.
• The Planning Board decides whether the overlay applies during subdivision review, and its decision can be appealed to the Zoning Board of Appeals.