Exciting enhancements are coming soon to eCode360! Learn more 🡪
Village of Delhi, NY
Delaware County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
The Residence Districts R-1 are established to provide for the development of residential neighborhoods occupied primarily by single-family residences. It is contemplated that all residences in these districts shall be served by public water supply and public sewage disposal facilities.
[Amended 8-16-2004 by L.L. No. 3-2004]
In Residence Districts R-1 no building or other structure or land shall be used and no building or other structure shall be built, altered or erected for any purpose other than that of:
A. 
A one-family dwelling, including the following accessory uses and buildings:
(1) 
Accessory use of building as defined herein.
(2) 
Keeping of not more than three roomers and/or boarders.
(3) 
Outdoor storage of not more than one each of the following: boat, boat trailer, camp trailer or cargo trailer owned for personal use by a resident on the premises.
(4) 
Private garage or open parking for operative passenger vehicles of persons visiting or residing on the premises.
(5) 
Playhouse, tool house or garden house.
(6) 
Private swimming pool not operated for gain.
(7) 
Agriculture as defined herein.
(8) 
Other uses and other buildings and structures as provided by §§ 300-38, 300-41, 300-46 and 300-47.[1]
[1]
Editor's Note: Former § 50-15, Prohibited uses, was repealed 8-16-2004 by L.L. No. 3-2004.
A. 
Area per dwelling unit and lot dimensions. The minimum land area or lot size per dwelling shall be 15,000 square feet and the minimum width of the lot at the front building line shall be 100 feet. However, this shall not apply to prevent the construction of a one-family dwelling on a lot, existing prior to the date of this enactment and not adjoined at the side by other unoccupied land in the same ownership, having an area of not less than 7,500 square feet and a width at the front building line of not less than 65 feet.
B. 
Front yards. No building or part of a building other than steps, open porches, eaves and cornices and similar fixtures shall extend nearer the street line than the average distance of setback of the nearest main building within 100 feet on each side of said building and fronting the same side of the street. When only one building exists on the same side of the street with the building to be erected and within 100 feet thereof, the building setback from the street line shall be not less than the average between the setback of the existing building and 30 feet. When no building exists on the same side of the street with the building to be erected and within 100 feet thereof, the setback at the front shall be 30 feet from the street line or 55 feet from the center line of the street, whichever requires the greater setback from the street line. However, the above shall not apply to require placing a building more than 10 feet back of the front main wall of an existing adjacent building within 100 feet thereof. Building setbacks specifically established by § 300-49 of this chapter or by any other action of the Village Board shall take precedence over the above.
C. 
Rear yards. There shall be a rear yard with a depth of not less than 25 feet. When a building or property extends through a block from street to street, the front yard requirements shall be observed on both streets.
D. 
Side yards.
(1) 
There shall be two side yards with a total width of not less than 30 feet, except that for each foot of any lot existing at the time of this enactment, which lot is less than 100 feet wide at the front building line, the total width of the two side yards may be reduced by six inches to a total width of not less than 20 feet.
(2) 
For a nonresidential building other than a garage or other accessory building, there shall be two side yards with a total width of not less than 60 feet, and for each foot that the height of such building exceeds 35 feet, the total width of the two side yards shall be increased by four feet. The width of the narrower of the two side yards shall not be less than 1/3 of the total width of the two side yards.
E. 
Corner lots. In the case of a corner lot, both yards abutting streets shall be determined as provided in § 300-13B. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 110 feet.
F. 
Height. No dwelling shall exceed 2 1/2 stories or 30 feet in height.
G. 
Special provisions and exceptions: see Article XI.
[Amended 7-9-1979 by L.L. No. 4-1979; 8-16-2004 by L.L. No. 3-2004]
A. 
No detached private garage or other accessory building shall be placed closer to a side or rear property line than 10 feet; and, for each foot that the height of such building exceeds 15 feet, the offset from the rear and side property line shall be increased by one foot. No detached garage or other accessory building shall be placed closer to the street line than 10 feet at the rear of the rear main wall of the principal building and, on a corner lot, closer to the street line of the side street than 50 feet or 1/2 the width of the lot, whichever is the lesser. In relation to an attached garage or carport built as a structural part of a dwelling, with or without breezeway connection, the same front and side yards shall be required as for a dwelling, and such yards shall be measured from the outer walls or roof line of such attached garage or carport. An attached garage or carport may extend into a rear yard.
B. 
Allowable exceptions to the above requirements for accessory buildings to be built on steep slopes are as provided by § 300-41B.
C. 
For a storage shed there shall be no setback requirements from the side or rear property lines. However, the front setback and side setback for corner lots shall be as provided in Subsection A. For a structure less than 80 square feet in area, no building permit is required.
In the case of lots in Residence Districts R-1 not served by public water and/or sewer, the minimum lot area per dwelling unit shall be 20,000 square feet and the minimum width at the front building line shall be 100 feet.