ADU · Saratoga County
Can you build an ADU in Day, NY?
Town of Day has 5 districts. All districts prohibit ADUs. Check your address to confirm the district that applies to your parcel:
What the Day code says
The Town of Day has no accessory dwelling unit provision, so an accessory dwelling unit is not permitted in LR, NC, RMD, RLD or RRC. A multi-family dwelling or apartment house in RMD or RLD, by site plan approval, is the only route to a second unit.
Conditions the code attaches:
- That route runs on at least 3.2 acres in RMD and at least 8.5 acres in RLD, so the land requirement, not the approval, is what governs.
- A dwelling must have at least 600 sq ft of floor area in every district, so a small unit is not automatically the easy option.
- The whole Town lies within the Adirondack Park: where a project is a Class A regional project, the permit comes from the Adirondack Park Agency and the Town Planning Board only advises.
- A vacant nonconforming lot of record may be built on for one single-family dwelling without a variance, provided it does not adjoin other lots in the same ownership.
- That allowance also requires the lot to have been a vacant nonconforming lot of record as of May 22, 1973, or created after that date in compliance with the Adirondack Park Agency Act.
- Confirm with the Code Enforcement Officer at (518) 696-3789.
What the Day 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 |
|---|---|---|---|---|
| Lakefront Residential | 1.38 ac | 50 / 20 / 50 ft | 30 ft | No |
| Neighborhood Commercial | 1.38 ac | 50 / 20 / 50 ft | 30 ft | No |
| Residential Moderate Density | 3.2 ac | 75 / 40 / 50 ft | 30 ft | No |
| Residential Low Density | 8.5 ac | 75 / 50 / 50 ft | 30 ft | No |
| Residential/Resource Conservation | 42 ac | 100 / 75 / 75 ft | 30 ft | No |
Lakefront Residential - The binding line on a lakefront parcel is the 75 ft shoreline setback from the mean high water mark of Great Sacandaga Lake, with a 50 ft stream setback from the mean high water mark of any navigable lake, pond or stream.
- An existing structure inside the shoreline setback area may not be expanded within it.
- Accessory structures take a 15 ft setback, but one of 100 sq ft or larger is subject to the shoreline setbacks, and one of any size takes the same front yard as a principal building.
- A fence counts as a structure, so the shoreline setback reaches it; boundary and perimeter fences up to 6 ft may stand inside the setback area except in shoreline areas, where § 8.2C governs.
- A small lot separately owned when the law passed may be built on without a variance, with side yards reduced in proportion to the width shortfall, if it adjoins no other property the applicant owns.
- The front yard may instead equal the average depth of the buildings within 100 ft on either or both sides, subject to a floor of 40 ft and never more than the district requires.
- The rear yard is reduced in proportion on a lot that was already under the district minimum when the law passed.
Neighborhood Commercial - The dimensions here are identical to the lakefront district's and the two are separated entirely by use. A one-family dwelling is permitted by right, but a multi-family or apartment house is not available in NC: it exists only in RMD and RLD.
- A 75 ft Great Sacandaga shoreline setback and a 50 ft stream setback run beside the yards.
- Senior citizen housing and an assisted living facility for seniors are site plan uses here, which is the Town's only multi-unit residential path outside RMD and RLD.
- Accessory structures take a 15 ft setback, but one of 100 sq ft or larger is subject to the shoreline setbacks, and one of any size takes the same front yard as a principal building.
- A small lot separately owned when the law passed may be built on without a variance, with side yards reduced in proportion to the width shortfall, if it adjoins no other property the applicant owns.
- The front yard may instead equal the average depth of the buildings within 100 ft on either or both sides, subject to a floor of 40 ft and never more than the district requires.
- Retail fuel sales, a laundromat, a shopping centre and a hospital are available here and nowhere else in the town, each by site plan approval.
Residential Moderate Density - A multi-family dwelling or apartment house is available here by site plan approval, in one of only two districts where it is available at all, and no separate dimensional standard is published for it: the district figures govern and unit count is settled in site plan review.
- A 75 ft stream setback and a 75 ft Great Sacandaga shoreline setback run beside the yards.
- Senior citizen housing and assisted living are site plan uses here as well.
- Accessory structures take a 15 ft setback, but one of 100 sq ft or larger is subject to the shoreline setbacks, and one of any size takes the same front yard as a principal building.
- A small lot separately owned when the law passed may be built on without a variance, with side yards reduced in proportion to the width shortfall, if it adjoins no other property the applicant owns.
- The front yard may instead equal the average depth of the buildings within 100 ft on either or both sides, subject to a floor of 40 ft and never more than the district requires.
- The purpose of the district expressly encourages consolidating vacant undersized lots to bring them into conformity.
Residential Low Density - A 75 ft stream setback runs beside the yards here. No shoreline setback is stated for RLD, because the district does not reach the lake. A multi-family dwelling or apartment house is available by site plan approval, in one of only two districts where it is.
- Hunting or fishing camps and cabins are permitted by right here, where RMD requires site plan approval, and agriculture is by right.
- Senior citizen housing and assisted living are site plan uses here as well; an adult entertainment establishment is available in RLD alone, by site plan.
- Junkyards, kennels, light industrial use, sawmills and mining are site plan uses in RMD and RLD alike.
- Accessory structures take a 15 ft setback, but one of 100 sq ft or larger is subject to the shoreline setbacks, and one of any size takes the same front yard as a principal building.
- A small lot separately owned when the law passed may be built on without a variance, with side yards reduced in proportion to the width shortfall, if it adjoins no other property the applicant owns.
- The front yard may instead equal the average depth of the buildings within 100 ft on either or both sides, subject to a floor of 40 ft and never more than the district requires.
Residential/Resource Conservation - A one-family dwelling is not permitted by right in RRC: it takes site plan approval, and this is the only district in the town where that is so. Underwrite RRC as forest and recreation land rather than as a housing site.
- The 400 ft of lot width applies except for hunting and fishing camps, and a 100 ft stream setback runs beside the yards.
- Agriculture, forestry and hunting or fishing camps and cabins are permitted by right; campgrounds, clubs or lodges, golf courses, group camps, mining and quarrying take site plan approval.
- Multi-family, senior housing and assisted living are all unavailable here, as are bed-and-breakfasts, restaurants, taverns, retail and offices.
- Accessory structures take a 15 ft setback, but one of 100 sq ft or larger is subject to the shoreline setbacks, and one of any size takes the same front yard as a principal building.
- The front yard may instead equal the average depth of the buildings within 100 ft on either or both sides, subject to a floor of 40 ft and never more than the district requires.
ADUs vs. short-term rentals in Day
No local short-term-rental law on record - which is not the same as permission for Town of Day. The Town of Day has no local short-term rental law, and that is not the same as permission. Confirm the Town's position with the Code Enforcement Officer in writing before counting on short-stay income on a Sacandaga parcel. 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 minimum1.38–42 ac — an ADU still has to fit the district's lot and setback envelope.
- UtilityNational Grid territory.
- Zoning codewww.townofday.com/uploads/1/4/5/5/145564982/updatedzoning-law-merged_merged_1.pdf
- Building dept(518) 696-3789
ADU FAQ — Day, NY
Are ADUs allowed in Day, NY?
Town of Day has 5 districts. All districts prohibit ADUs. Check your address with the free ADU checker, or confirm with the building department at (518) 696-3789.
Do I need a special permit for an ADU in Day?
No. No district in Town of Day permits an ADU, so there is no permit to apply for. Codes change, so verify with the building department at (518) 696-3789 before ruling it out.
Can I use an ADU as a short-term rental in Day?
No local short-term-rental law on record - which is not the same as permission for Town of Day. 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 Day
Permission is one question and budget is another. An 800 sq ft accessory unit here runs roughly $200k–260k 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 Day, priced by size.
How we know this
- Sections analyzed
- Zoning Law § 4.1E Adirondack Park regional projects; § 8.5 proportional yard reduction; § 9.4 nonconforming lots of record; district use schedules
- Districts confirmed
- 5 of 5 — 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 Day: Full zoning for new construction · ADU build cost · House build cost · ADU rules across Saratoga County · All Saratoga County towns
ADU information for Town of Day is compiled from the municipal code (last reviewed 2026-08-03) 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 building department at (518) 696-3789 before relying on any answer. Source: the Offsite / Aldo zoning dataset.