Zoning, building permits and septic rules in Village of Athens, New York

Village of Athens’s own rules

• Building permitRequired

  Construction, alteration, removal or demolition inside Athens village

  • Exempt: one-story detached sheds/playhouses up to 48 sq ft and 8 ft high; above-ground pools under 24 inches deep; retaining walls (unless supporting a surcharge); interior finish work; listed portable equipment; like-for-like equipment replacement; repairs not involving structure, egress, building systems, fire protection or exterior changes in national register historic districts.
  • Exemption does not authorize work violating the Uniform Code or Energy Code.

  shed exemption floor area: <= 48 sq ft (height not over 8 ft)

  “no building permit shall be required for work in any of the following categories: (1) construction or installation of one-story detached structures associated with one-or two- family dwellings or multiple single-family dwellings (townhouses) which are used for tool and storage sheds, playhouses or similar uses, provided the gross floor area does not exceed 48 square feet and the height does not exceed eight feet;”

• Building code adoptedAdopted

  All buildings inside Athens village

  • Village administers and enforces the NYS Uniform Code, Energy Code and its own village code through a Code Enforcement Officer.
  • Article adopted 2-27-2008 by L.L. No. 1-2008; Ch. 116 amended by L.L. No. 4-2022.

  “this article provides for the administration and enforcement of the new york state uniform fire prevention and building code (the uniform code), the state energy conservation construction code (the energy code) and the code of the village of athens in this village.”

• InspectionsRequired

  Permitted construction inside Athens village

  • Elements inspected where applicable include work site, footing and foundation, slab preparation, framing, building systems and fire-resistant construction.

  “work shall remain accessible and exposed until inspected and accepted by the code enforcement officer or by an inspector authorized by the code enforcement officer.”

• Certificate of occupancyRequired

  Work under a building permit and change of use inside Athens village

  • Certificate of compliance is an alternative form; temporary certificates are available under § 116-7.

  “a certificate of occupancy or certificate of compliance shall be required for any work which is the subject of a building permit”

• Local zoningPresent

  Land inside Athens village (Greene County), NY

  • Chapter 250 adopted 1-9-2013 by L.L. No. 1-2013; amended including 2021 and 2022 (L.L. No. 3-2022 listed).

  “there is hereby established a comprehensive zoning local law for the village of athens.”

• Zoning districtsPublished

  Zoning districts inside Athens village

  • Districts: OS/C, RL, RR, RM, CR, C, MU/W, W; overlays H, F, SCO.
  • Boundaries are on the adopted zoning map.

  “the village of athens is hereby divided into the following districts:”

• Minimum lot sizeSpecified

  RL Low-Density Residential District inside Athens village (single-family)

  • Lot size depends on public water and sewer service.
  • Minimum width 100 ft with public water (with or without sewer); 150 ft if not served with public sewers and water.

  area with public sewer and water: >= 20000 sq ft · area with public water only: >= 1.5 acres · area without public water and sewer: >= 3 acres

  “minimum lot sizes shall be as follows: (1) area: (a) twenty thousand square feet if served with public sewers and water. (b) three acres without public water and sewers. (c) one and one-half acres if served with public water. (2) width: (a) one hundred feet if served with public sewers and water or if served with public water only. (b) one hundred fifty feet if not served with public sewers and water.”

  One more reviewed finding on this topic

  • Specified — RM Medium-Density Residential District inside Athens village

    “minimum lot sizes shall be 14,000 square feet. e. width: 100 feet if not served with public sewers and water.”

• SetbacksSpecified

  RL Low-Density Residential District inside Athens village

  • A single shed up to 144 sq ft and one story may not be within six feet of side or rear lot lines.
  • Fences exempt from setbacks but not higher than four feet in front yard and side yards facing streets.
  • RM district: front 20 ft, side 10 ft, rear 20 ft (§ 250-11).

  front yard: >= 20 ft · side yard: >= 20 ft · rear yard: >= 20 ft

  “minimum front yard depth shall be 20 feet for all lot sizes. g. minimum side yard depth shall be 20 feet for all lot sizes. h. minimum rear yard depth shall be 20 feet for all lots sizes.”

• Building heightSpecified

  RL Low-Density Residential District inside Athens village

  • Same 30 ft / 21 ft limits in RR and RM; OS/C is 25 ft.

  maximum building height: <= 30 ft · maximum accessory building height: <= 21 ft

  “maximum height of buildings shall be 30 feet. no accessory building height shall exceed 21 feet.”

• Accessory dwellingsLimited

  Accessory apartments in RM (permitted use) and RL/RR (special use permit) districts inside Athens village

  • RL and RR require a special use permit under § 250-32 for an accessory apartment.

  “uses requiring a special use permit, pursuant to § 250-32, shall be as follows: (1) two-family dwelling. (2) accessory apartment.”

• Permit processPublished

  Building permit applications inside Athens village

  • Application is signed by the owner or authorized agent, with two sets of construction documents and a site plan showing any well or septic system.

  “applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the code enforcement officer.”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Village of Athens or Greene County directly.

• Owner-builder exemption — Owner-builder exemption inside Athens village
• Minimum dwelling size — Minimum dwelling size inside Athens village
• Lot coverage — Lot coverage inside Athens village
• Living in an RV — RV occupancy inside Athens village
• Camping on your land — Temporary camping inside Athens village

Each answer was extracted from an official source and independently re-checked against that source by a second reviewer. That is an evidence check, not legal advice. Rules change; confirm with the authority before you buy or build.