Albany County municipalities set zoning setbacks under NY Town Law §261 and Village Law §7-700. City of Albany Unified Sustainable Development Ordinance (USDO) sets 10 to 25 ft front, 5 to 10 ft side, and 20 ft rear setbacks depending on the form-based district (R-1F, MU-NE, etc.).
Setback regulation in Albany County is delegated to each city, town, and village under NY General City Law §20(24), Town Law §261, and Village Law §7-700. The City of Albany's Unified Sustainable Development Ordinance (USDO), adopted 2017 and amended through 2024, uses form-based zoning with setbacks varying by district: R-1F (low-density residential) requires 20 to 25 ft front, 8 ft side, and 25 ft rear; MU-NE (Mixed-Use Neighborhood Edge) allows zero front setback; R-M (Mixed-Residential) uses 10 to 15 ft front. Town of Colonie Code Chapter 190 (Zoning) requires 35 ft front, 15 ft side, and 30 ft rear in Residential-AA district. Town of Bethlehem Zoning Chapter 128 uses similar standards. Variances require Zoning Board of Appeals hearing under NY Town Law §267-b with area variance balancing test (Sasso v. Osgood). Encroachments for eaves (up to 2 ft), chimneys, and bay windows are permitted. Building permits verify setback compliance before construction.
Building in required setback: stop-work order under NY Town Law §268. Fines $250 to $1,000 per day of violation (Albany USDO §375-5). Structure may be ordered removed. Certificate of Occupancy withheld until variance granted or correction made.
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