ADU · Delaware County
Can you build an ADU in Andes, NY?
Town of Andes has 1 district. The only district allows ADUs. Check your address to confirm the district that applies to your parcel:
What the Andes 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 |
|---|---|---|---|---|
| General Rural District — THE ONLY ZONING DISTRICT IN THE TOWN. Andes does not divide itself into districts: Article 2 establishes a single General Rural District and § 2.02 applies it to all land in the Town, so for any Andes parcel this row IS the answer and there is no map lookup to do. Minimum lot size one acre for any lot created after the law took effect. NO HEIGHT LIMIT AND NO LOT COVERAGE LIMIT ARE STATED ANYWHERE IN THE LAW — both nulls are a correct reading and must not be 'fixed' by borrowing a neighbouring town's figures. The only height figure in the document, 24 feet, is one of the thresholds that disqualifies an activity from counting as a home business under § 2.10; it is not a cap on building height. Minimum frontage is 100 feet for lots under 3 acres, 200 feet for lots of 3 to 5 acres and 300 feet for lots over 5 acres, with a reduced cul-de-sac alternative of 60, 70 and 80 feet respectively. Side and rear setbacks are 25 feet for lots under 3 acres, 50 feet for lots of 3 to 5 acres and 75 feet for lots over 5 acres — so buying more land tightens the yards rather than loosening them, and a 6-acre parcel needs 300 feet of frontage and 75-foot side yards. Driveways, fences, walls and hedges are exempt from the setbacks under § 2.06(E). § 2.06(C) reads 75 feet from the center line of a road whose right-of-way is less than 60 feet, OR 45 feet from the edge of the right-of-way where the right-of-way is 60 feet or more. ON A NARROWER RIGHT-OF-WAY THE CENTERLINE RULE BINDS HARDER — a 33-foot right-of-way pushes the building about 58.5 feet back — and on a right-of-way of 60 feet or more the second rule governs instead and the setback drops to 45 feet from the edge. Check the actual right-of-way width before siting. Each tract is allocated a maximum number of dwelling units: 1 under 5 acres, 2 from 5 to 9.99 acres, and 3 at 10 acres and over plus one additional unit for each additional 7 acres over 10. A 100-acre tract is therefore allocated 3 + 12 = 15 dwelling units, where sizing from the one-acre minimum lot alone would suggest something near 100 — an overstatement of roughly six to seven times. TRACT IS A FROZEN TERM AND THIS IS THE PART THAT CATCHES PEOPLE: Article 12 defines a Tract of Land as a parcel for which a separate designation existed on the Delaware County Real Property Identification Maps AS OF THE DATE THE LAW WAS ADOPTED, so the allocation attaches to the 1993 parcel and subdividing does not create new units. Allocation already consumed by dwellings built or lots split since 1993 comes off the total, and § 2.05 requires subdivision plats approved after adoption to note the units allocated to each lot and the subdivider to give every grantee a sworn affidavit of that allocation — so on any parcel with post-1993 history the remaining allocation is a document to obtain, not a number to compute. § 2.04 adds that site conditions such as topography or soil limitations may reduce the achievable count below the allocated maximum. USES: single-family dwellings, two-family dwellings, accessory apartments, home businesses, agricultural buildings and customary accessory structures are permitted on a zoning permit from the Code Enforcement Officer; agriculture, timber management and harvesting and customary accessory uses need no permit at all. Multiple dwellings, commercial buildings and activities, industrial buildings and activities, mobile homes, and exterior additions enlarging an existing commercial, industrial or multiple-dwelling structure by more than a cumulative 25% all require a special use permit AND site plan approval from the Planning Board. All new housing units, including modular and mobile homes and individual units in a multiple dwelling, must have at least 500 square feet of floor area under § 3.03. | 1 ac | 50 / 25 / 25 ft | — | As of right |
ADUs vs. short-term rentals in Andes
Short-term rentals allowed with local rules for Town of Andes. Short-term rentals are REGULATED, but not by the zoning law — Local Law 1 of 2022 is a standalone transient-rental permit regime and the 1993 Zoning Law contains no transient, tourist-home or bed-and-breakfast provision at all. A search of the zoning law for short-term rental language returns nothing, and reading that silence as permission would be wrong: the Town created a separate instrument instead. Under Local Law 1 of 2022 anyone operating a transient rental must hold a permit filed with the Town, obtained from the Code Enforcement Officer. Enforcement is active and specific rather than nominal — the Town's own enforcement letter tells operators it has identified them as operating a transient rental, gives 30 days to apply, and warns that without a filed permit the operation may be discontinued and occupants removed from the premises. Penalties escalate: $350 for a first offence, $350–$700 for a second, $700–$1,000 for a third and subsequent offences, and up to six months in jail. The full text of Local Law 1 of 2022 was not located online — only the application form and enforcement letter are published — so confirm the operating terms with the Code Enforcement Officer before underwriting rental income. Because the permit is administered by the Code Enforcement Officer rather than through site plan review, a transient rental here does not appear to trigger the Planning Board, which is a materially lighter path than the neighbouring Village of Margaretville's regime that Andes' own Planning Board discussed and deliberately declined to copy. 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
- Last reviewed2026-08-24
ADU FAQ — Andes, NY
Are ADUs allowed in Andes, NY?
Town of Andes has 1 district. The only district allows ADUs. Check your address with the free ADU checker, or confirm with the building department.
Do I need a special permit for an ADU in Andes?
No district in Town of Andes requires a special-use permit for an ADU - 1 district allows ADUs. Site-plan review or a building permit may still apply.
Can I use an ADU as a short-term rental in Andes?
Short-term rentals allowed with local rules for Town of Andes. 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 Andes
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 Andes, priced by size.
More on Andes: Full zoning for new construction · ADU build cost · House build cost · All Delaware County towns
ADU information for Town of Andes is compiled from the municipal code (last reviewed 2026-08-24) 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: Offsite / Aldo zoning dataset, municipalData.js.