ADU · Delaware County
Can you build an ADU in Delhi, NY?
Village of Delhi has 9 districts. 5 districts prohibit ADUs, 4 allow them. Check your address to confirm the district that applies to your parcel:
What the Delhi code says
An accessory dwelling unit is permitted where R-1, R-2 or R-3 regulations apply, one per lot, up to 1,000 square feet, inside the principal building or detached. Owner occupancy is not required, and either or both the principal dwelling and the ADU may be rented.
Conditions the code attaches:
- Under § 300-59.1B(1) the use reaches only districts where R-1, R-2 or R-3 regulations apply, which leaves AR out; AR has its own standards in § 300-9, so confirm with the village before relying on it.
- An internal unit may not exceed 40% of the primary use area of the principal building.
- In B (General Business), § 300-29A applies R-3 area and yard requirements to residential buildings, so ADU eligibility there rests on an interpretation; confirm with the code enforcement officer.
- No off-street parking is required, and the number of bedrooms is not regulated, though building and fire codes govern.
- Height may not exceed the principal building or the district limit, whichever is lower. Setbacks follow the district, principal-building for an internal unit, accessory-building for a detached one.
- Approvals are administrative: § 300-59.1N(2) authorises the code enforcement officer to issue zoning determinations and approvals, with no special use permit or ZBA step.
What the Delhi 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 |
|---|---|---|---|---|
| Agricultural and Rural Residence | 0.92 ac | 50 / 20 / 50 ft | — | No |
| Residence R-1 | 0.34 ac | 30 / 10 / 25 ft | 30 ft | As of right |
| Residence R-2 | 0.25 ac | 30 / 8 / 25 ft | 35 ft | As of right |
| Residence R-3 | 0.17 ac | 30 / 6 / 25 ft | 60 ft | As of right |
| General Business | 0.17 ac | 30 / 6 / 25 ft | 60 ft | As of right |
| Industrial I-1 | — | — | — | No |
| Industrial I-2 | — | — | — | No |
| Land Conservation | 0.92 ac | 80 / 50 / 50 ft | — | No |
| Planned Development | 5 ac | — | — | No |
Agricultural and Rural Residence - The front yard is measured two ways and the larger governs: 50 ft from the street line, or 75 ft from the centre line of the street. A narrow right of way pushes the building back further than the front figure shown.
- A two-family or pair of semidetached dwellings needs the same land and width as a one-family, but the side yards become a 40 ft combined total with a 14 ft one-side minimum.
- A one-family dwelling may still be built on a lot of record predating the ordinance, if not adjoined at the side by other unoccupied land in the same ownership, at 20,000 sq ft and 100 ft of width.
- Height is a trade under § 300-9: for each foot a building exceeds 35 ft, the combined width of the two side yards increases by two feet.
- Under § 300-49 special setback lines measured from a street centre line take precedence over the district front yard, though the table names none at present; no lot coverage maximum is set here.
- A detached barn, garage or accessory building keeps 10 ft from side and rear lines and, on a corner lot, half the lot width from the side-street line, up to 75 ft.
- Every lot needs frontage on a public street or road (§ 300-52), and a lot may not be reduced below the minimum by conveyance or otherwise (§ 300-53).
Residence R-1 - The front yard is the average setback of the nearest main buildings within 100 ft on each side fronting the same side of the street; with only one, the average of that setback and 30 ft. With none, 30 ft from the street line or 55 ft from the centre line, whichever demands more.
- A lot not served by public water and/or sewer needs 20,000 sq ft per dwelling unit against 15,000, a third more land; R-1 is the only district where losing either service triggers it.
- A nonresidential building other than a garage doubles the combined side yard to 60 ft and adds 4 feet more for every foot of height above 35, the narrower side no less than a third of the total.
- A one-family dwelling may still be built on a lot of record that predates the ordinance and is not adjoined by other unoccupied land in the same ownership, at 7,500 sq ft and 65 ft of width.
- A corner lot must be 110 ft wide at the building line parallel to the front street, and a through lot takes a front yard on both streets.
- The combined side yard shrinks by six inches for each foot a lot of record is under 100 ft wide at the front building line, to a floor of 20 ft.
- The front yard never has to be more than 10 ft behind the front wall of an adjacent building within 100 ft, and the code sets no lot coverage maximum in this district.
Residence R-2 - The lot minimum depends on the number of units under § 300-18A: 11,000 sq ft for a single-family, 15,000 sq ft for a two-family, 4,000 sq ft per unit for three or four units and 3,500 sq ft per unit above four.
- The multifamily side yard is priced per unit: 36 ft combined plus six feet for every unit above three; side yard beyond 60 ft may instead go to outer courts 36 ft wide and 38 ft deep.
- A lot not served by public water and sewer needs 20,000 sq ft per dwelling unit (§ 300-20); the code does not clearly address a lot with only one of the two.
- The front yard is the average setback of the nearest main buildings within 100 ft on each side fronting the same side of the street; with only one, the average of that setback and 30 ft.
- With no such building, the front yard is 30 ft from the street line or 55 ft from the centre line, whichever demands more.
- The 24 ft combined side yard for a single-family shrinks by six inches for each foot a lot of record is under 85 ft wide, to a floor of 18 ft.
- A single-family may still be built on a lot of record not adjoined by another unoccupied lot in the same ownership, at 7,500 sq ft and 65 ft of width; a corner lot must be 99 ft wide.
Residence R-3 - The lot minimum depends on unit count under § 300-23: 7,500 sq ft for a single-family, 9,000 for a two-family, 3,000 per unit for three or four units and 2,500 per unit above four.
- A two-family needs 9,000 sq ft against a one-family's 7,500 and 75 ft of width against 65, with a 24 ft combined side yard and an 8 ft one-side minimum.
- The multifamily combined side yard is 30 ft plus four feet per unit above three; beyond 60 ft it may go to outer courts 36 ft wide and 38 ft deep, and the lot must be wide enough for them.
- A lot without sewer service needs 20,000 sq ft per unit (§ 300-25), and a structure other than a single-family abutting an R-1 District needs a 25 ft buffer plus ten feet per storey above two.
- Row and townhouse dwellings and multifamily dwellings are permitted here and nowhere else in the Village, and a corner lot must be 83 ft wide at the building line parallel to the front street.
- The front yard is the average setback of the nearest main buildings within 100 ft on each side fronting the same side of the street; with only one, the average of that setback and 30 ft.
- With no such building, the front yard is 30 ft from the street line or 55 ft from the centre line, whichever demands more.
General Business - A building used for housing, in whole or in part, must meet the R-3 district's lot area and yard requirements, including its lot area by unit count (§ 300-29A). Certain named blocks of existing buildings on Main Street are exempt.
- No building may be lower than the average height of the buildings within 100 ft fronting the same side of the street, so a low infill building is non-conforming for being too short.
- On a lot abutting a residential district, a building must meet that district's side or rear yard requirement on the abutting side.
- The exempt Main Street blocks lie between Kingston and Bridge Streets and along the stretches either side of Kingston toward Franklin.
- The front yard is the average setback of the nearest main buildings within 100 ft on each side fronting the same side of the street; with only one, the average of that setback and 30 ft.
- With no such building, the front yard is 30 ft from the street line or 55 ft from the centre line, whichever demands more.
- Public garages, motor vehicle sales and service stations need 1/4 acre, 100 ft of width, a 35 ft front yard, 25 ft on each side, 30 ft at the rear and at most 35% coverage with accessory buildings.
Industrial I-1 - A building on property abutting a residential district must provide visual and audio screening plus a side yard of at least 50 ft on that side. Otherwise this district sets no minimum lot area, no lot width, no front yard and no lot coverage, and no limit on building height.
- Height is otherwise unlimited, but nothing over 40 ft may be built on upper Route 10 without the approval of the Board of Appeals.
- Where a lot abuts a residential district, the rear yard must be at least what that abutting residential district requires.
- A street or public right-of-way 30 ft or more wide may be counted toward the 50 ft side yard.
- Special building setback lines measured from a street centre line under § 300-49 take precedence over the district front yard, though that table is reserved and designates no street.
- Every lot must have frontage on a public street or road (§ 300-52).
- A lot may not be reduced below the minimum by conveyance or otherwise (§ 300-53).
Industrial I-2 - The code sets no height limit here, though nothing over 40 ft may be built on upper Route 10 without Board of Appeals approval. A building on a lot abutting a residential district needs at least a 50 ft side yard on that side, plus visual and audio screening.
- A street or public right-of-way 30 ft or more wide may be counted toward that 50 ft side yard.
- Where the lot abuts a residential district, the rear yard must be at least what that abutting residential district requires.
- § 300-32 publishes no minimum lot area, lot width, front yard or lot coverage for I-2.
- Every lot needs frontage on a public street or road (§ 300-52).
- Special building setback lines measured from a street centre line take precedence over the district front yard under § 300-49, but no street is currently designated.
- A lot may not be reduced below the minimum by conveyance or otherwise (§ 300-53).
Land Conservation - No dwelling of any kind is permitted in this district. § 300-33 allows farm and agricultural operations, parks, playgrounds, athletic fields, golf courses, riding academies and game preserves, but expressly excludes dwellings and buildings housing farm animals or fowl.
- The minimum of 40,000 sq ft with 150 ft of width applies per establishment, not per lot or per dwelling.
- The 80 ft front yard is absolute. Under § 300-34 there may be no encroachment of building construction into it at all.
- For each foot of building height above 35 ft, the combined width of the two side yards increases by two feet.
- No lot coverage maximum is set in this district.
- Every lot must have frontage on a public street or road (§ 300-52).
- A lot may not be reduced below the minimum by conveyance or otherwise (§ 300-53).
Planned Development - The five acre minimum applies to the Planned Development district as a whole, not to a lot within it (§ 300-36). No lot width, yard, height or coverage figures are published; a P-D's standards come from the Village Board amendment that approved that specific proposal.
- A P-D is created by application to the Village Board, referred to the Planning Board, after which the Village Board holds a public hearing and amends the chapter to draw the boundary.
- The approving amendment grants permission only for the specific proposal as submitted, with the filed specifications, plans and elevations. A new proposal on the same land starts over.
- Land and buildings in a P-D may be used for any lawful purpose as determined by the Village Board (§ 300-35), so the uses allowed are settled case by case.
- The Planning Board may require preliminary plans and weighs the need for the use in that location, the existing character of the neighbourhood and safeguards against detriment to adjacent property.
- Every lot needs frontage on a public street or road (§ 300-52).
- A lot may not be reduced below the minimum by conveyance or otherwise (§ 300-53).
ADUs vs. short-term rentals in Delhi
No local short-term-rental law on record - which is not the same as permission for Village of Delhi. The Village of Delhi has no short-term rental law of its own, and that is not the same as permission. A Chapter 228 rental occupancy permit reaches any rental occupancy, so one may be needed whatever the term; confirm with the Village first. 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 minimum0.17–0.92 ac — an ADU still has to fit the district's lot and setback envelope.
- Zoning codeecode360.com/12216664
ADU FAQ — Delhi, NY
Are ADUs allowed in Delhi, NY?
Village of Delhi has 9 districts. 5 districts prohibit ADUs, 4 allow them. Check your address with the free ADU checker, or confirm with the building department.
Do I need a special permit for an ADU in Delhi?
No district in Village of Delhi requires a special-use permit for an ADU - 5 districts prohibit ADUs, 4 allow them. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Delhi?
No local short-term-rental law on record - which is not the same as permission for Village of Delhi. 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 Delhi
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $185k–245k 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 Delhi, priced by size.
How we know this
- Sections analyzed
- Ch. 300 § 300-59.1 Accessory dwelling units (added 4-21-2026 by L.L. No. 3-2026), incl. J owner-occupancy and N(2) approvals; § 300-9 AR; § 300-29A B district
- Districts confirmed
- 9 of 9 — every mapped district.
- Last reviewed
- Not covered here
- Overlay districts, the zoning map, and any conditions attached to an individual parcel. Size limits and owner-occupancy terms sit in the code section above, not in this summary.
More on Delhi: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Delaware County · All Delaware County towns
ADU information for Village of Delhi is compiled from the municipal code (last reviewed 2026-08-18) 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 municipality before relying on any answer. Source: the Offsite / Aldo zoning dataset.