Zoning, building permits and septic rules in Town of Day, New York

Town of Day’s own rules

• Certificate of occupancyRequired

  Any work inside Day subject to a building permit and structures or portions converted to a different use or occupancy classification.

  • A certificate of occupancy or certificate of compliance is required; occupancy after a building permit is granted only by issuance of one of those certificates.

  “Certificates of Occupancy and Certificates of Compliance required”

• Local zoningPresent (with conditions)

  Land inside the Town of Day, Saratoga County, New York.

  • The Town's zoning ordinance is enforced by the Code Enforcement Officer.

  “The Town also has a Zoning Ordinance, Subdivision Law and a Property Maintenance Law enforced by the Code Enforcement Officer.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Day.

  • The permitted-use chart governs uses allowed within each zoning district; uses marked “S” are allowed after site-plan review.

  published districts: LR, NC, RMD, RLD, RRC

  “The Permitted Use Chart (Section 4.2) shall govern the types of land uses that are allowed within each Zoning District.”

• Minimum dwelling sizeSpecified

  Dwellings in LR, NC, RMD, RLD, and RRC zoning districts inside Day.

  • The chart's stated minimum floor area applies to its listed districts.

  minimum floor area: >= 600 square feet (LR, NC, RMD, RLD, and RRC zoning districts.)

  “Minimum Floor Area (square feet) 600 sf 600 sf 600 sf 600 sf 600 sf”

• SetbacksDistrict specific (with conditions)

  Lots in the LR, NC, RMD, RLD, and RRC zoning districts inside Day.

  • The lot-size and dimensional chart governs setbacks in each zoning district.

  LR front-yard setback: >= 50 feet · NC front-yard setback: >= 50 feet · RMD front-yard setback: >= 75 feet · RLD front-yard setback: >= 75 feet · RRC front-yard setback: >= 100 feet

  “Front Yard Setback 50 ft 50 ft 75 ft 75 ft 100 ft”

• Lot coverageSpecified

  Lots in the LR, NC, RMD, RLD, and RRC zoning districts inside Day.

  • The chart states the same maximum coverage for its five listed zoning districts.

  maximum building coverage: <= 25 percent of lot area (LR, NC, RMD, RLD, and RRC zoning districts.)

  “Maximum Building Coverage (percent of lot area) 25% 25% 25% 25% 25%”

• Building heightSpecified

  Structures in the LR, NC, RMD, RLD, and RRC zoning districts inside Day.

  • The chart states the same maximum structure height for its five listed zoning districts.

  maximum structure height: <= 30 feet (LR, NC, RMD, RLD, and RRC zoning districts.)

  “Maximum Structure Height (feet) 30 ft 30 ft 30 ft 30 ft 30 ft”

• Living in an RVTemporary only (with conditions)

  Travel trailers and recreational vehicles on a lot inside Day.

  • The vehicle must be under 400 square feet; occupancy may not exceed 180 days in a calendar year; no principal structure may exist on the lot; it must meet zoning-district setbacks, sanitary-code requirements, and the applicable Uniform Fire Prevention and Building Code.

  maximum occupancy period: <= 180 days in any calendar year (Travel trailer or recreational vehicle less than 400 square feet.)

  “A travel trailer or recreational vehicle less than 400 square feet in size may be temporarily occupied on any lot in any zoning district for a period not to exceed one hundred and eighty (180) days in any calendar year, provided that: (a) no principal structure exists on the lot where such travel trailer or recreational vehicle is located, and (b) such trailer or vehicle is situated such that it complies with the structure setback requirements for the zone in which it is located, meets all sanitary code requirements, and complies with applicable provisions of the New York State Uniform Fire Prevention and Building Code.”

• Camping on your landLimited

  Camping in a Town-regulated campground or recreational-vehicle park inside Day.

  • The campground or RV park must have at least 10 acres; listed units and tents may be used only for temporary habitation and travel, vacation, and recreational purposes; additional park standards apply.

  minimum campground or RV park lot size: >= 10 acres

  “Campgrounds and recreational vehicle parks shall be occupied only by travel trailers, motor homes, camping trailers, recreational vehicles, and tents suitable for temporary habitation and used for travel, vacation, and recreational purposes.”

• Tiny homesLimited

  A dwelling proposed as a tiny home inside any Day zoning district.

  • The zoning dimensional chart states a 600-square-foot minimum floor area in LR, NC, RMD, RLD, and RRC districts; other applicable code and zoning requirements remain applicable.

  minimum floor area: >= 600 square feet (Applies in LR, NC, RMD, RLD, and RRC under the dimensional chart.)

  “Minimum Floor Area (square feet) 600 sf 600 sf 600 sf 600 sf 600 sf”

• Manufactured homesLimited

  Manufactured homes inside Day.

  • The home must be installed under the applicable New York State Uniform Fire Prevention and Building Code; each lot must have a permanent foundation or poured slab with at least six tie-down positions; drainage and skirting requirements also apply.

  minimum tie-down positions: >= 6 positions

  “Manufactured homes in the Town of Day shall be installed in accordance with the applicable provisions of the New York State Uniform Fire Prevention and Building Code.”

• Subdividing landRegulated (with conditions)

  Subdivisions inside Day.

  • The Town identifies a Subdivision Law enforced by its Code Enforcement Officer; the published fee schedule distinguishes minor and major subdivisions.

  minor subdivision fee: per 75 USD per lot (2 lot maximum) · major subdivision fee: 500 USD (3 lots, plus $50 each additional lot)

  “The Town also has a Zoning Ordinance, Subdivision Law and a Property Maintenance Law enforced by the Code Enforcement Officer.”

• Driveway accessRequired

  Driveways inside Day.

  • The permit must be reviewed with the Town of Day Highway Superintendent.

  “Driveway Permits are required and need to be reviewed with the Town of Day Highway Superintendent: 518-696-3019, [email protected]”

• Permit feesPublished (with conditions)

  Town building permits and listed zoning and planning applications.

  • The fee schedule is marked “rev. 5-15-2023”; building without a permit or after-the-fact permits triples fees, fees must be paid before a permit is issued, and permits expire one year from the month of issue.

  new single-family construction, additions, alterations: per 0.16 USD per square foot (Minimum fee $100)

  “New Construction Single Family Homes, additions, alterations: $.16 sf, minimum fee $100”

Still unanswered

We looked and could not find an official answer yet. Silence is not permission; ask Town of Day or Saratoga County directly.

• Owner-builder exemption — Owner-builder work inside Day.
• Accessory dwellings — Accessory dwelling units inside Day.
• Septic permit — New or repaired septic systems inside Day.
• Septic inspection — Septic systems inside Day.
• Off-grid sanitation — Off-grid sanitation inside Day.

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.