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

Town of Persia’s own rules

• Building permitRequired

  Major structures or land that are erected, altered, converted, or enlarged inside the Town of Persia.

  • The permit issues only if the proposal conforms to the zoning ordinance and New York State Building Codes.
  • parameters omitted: the ordinance requires any required Cattaraugus County Health Department or other-authority approval in writing before issuance.

  “Except as provided herein, it shall be unlawful for an owner to use or to permit the use of any major structure or land or part thereof, hereafter erected, altered, converted or enlarged, wholly or partly, until an application is made to, and a zoning permit (building permit) issued by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to issue a zoning permit within fifteen (15) days after a written request for the same has been made, provided he is satisfied that the proposed use, change, construction,. enlargement or alteration fully conforms with all the requirements of this ordinance and the New York State Building Codes. Where the approval of the Cattaraugus County l{ealth Department or other authority is required, the zoning permit specified in this subdivision shall not be issued until such approval has been granted in writing.”

• Building code adoptedAdopted (with conditions)

  Buildings inside the Town of Persia, Cattaraugus County, New York.

  • The zoning ordinance treats the New York State Building Codes as minimum requirements.

  “adopted the New York State Building Codes”

• InspectionsLimited

  Buildings, structures, and uses of land inside the Town of Persia.

  • The Code Enforcement Officer conducts inspections as necessary to determine compliance with the zoning ordinance and New York State Building Codes.

  “A Code Enforcement Officer who shall be appointed annually by the Town Board shall enforce this ordinance. The powers and duties of the Code Enforcement Officer shall be: (a) Examine and approve applications pertaining to the use ofland, buildings or structures when the applications conform to the provisions of this ordinance and the New York State Building Codes. [...] ( c) Conduct such inspections of buildings, structures and uses of land as are necessary to determine compliance with the provisions of this zoning ordinance and the New York State Building Codes.”

• Local zoningPresent (with conditions)

  Land inside the Town of Persia, Cattaraugus County, New York.

  • Uses and structures must conform to the regulations for the district in which they are located.

  “Pursuant to the authority by article 16 of the Town of Persia the State of New York and for each of the purposes specified therein, the Town Board of Persia, County of Cattaraugus and State of New York has ordained and does hereby enact the following ordinance regulating and restricting the location, size, and use of buildings and other structures and the use of land in the Town of Persia. ARTICLE II- SHORT TITLE This Ordinance shall be known and may be cited as the "Zoning Ordinance of the Town of Persia, Cattaraugus County, New York."”

• Driveway accessRequired

  Buildings inside the Town of Persia.

  • A permanent easement of access to a public street recorded before adoption of the ordinance is an exception.

  “Except as otherwise provided for in this ordinance, every building shall be constructed or erected upon a lot or parcel of land which abuts upon an existing or platted street unless a permanent easement of access to a public street was of record prior to the adoption of this ordinance.”

• Permit processPublished (with conditions)

  Zoning/building permits for major structures or land inside the Town of Persia.

  • Application must be made to the Code Enforcement Officer.
  • The officer's 15-day issuance duty is conditioned on ordinance and State Building Code conformity.
  • Required County Health Department or other-authority approval must be in writing before issuance.
  • A granted permit must be started within one year and expires two years from issuance unless the proposed structure or change in use is completed.

  permit issuance timeframe: <= 15 days (after written request, if conformity requirements are met) · permit commencement deadline: <= 1 year (from issuance) · permit expiration: 2 years (from issuance unless proposed structure or change in use has been completed)

  “Except as provided herein, it shall be unlawful for an owner to use or to permit the use of any major structure or land or part thereof, hereafter erected, altered, converted or enlarged, wholly or partly, until an application is made to, and a zoning permit (building permit) issued by the Code Enforcement Officer. It shall be the duty of the Code Enforcement Officer to issue a zoning permit within fifteen (15) days after a written request for the same has been made, provided he is satisfied that the proposed use, change, construction,. enlargement or alteration fully conforms with all the requirements of this ordinance and the New York State Building Codes. Where the approval of the Cattaraugus County l{ealth Department or other authority is required, the zoning permit specified in this subdivision shall not be issued until such approval has been granted in writing. [...] A zoning permit hereafter granted under the provisions of this ordinance shall be started with in one year of issue and expire two (2) years from the date ofissuance unless the proposed structure or change in use has been completed.”

Rules another office applies inside Town of Persia

Town of Persia does not set these itself; the county, a health district or the state does, and they apply to every address inside its limits.

• Who permits septicCounty (with conditions)

  Projects inside the Town of Persia for which Cattaraugus County Health Department approval is required.

  • A Town zoning/building permit cannot issue until the required County Health Department approval is granted in writing.

  “Onsite wastewater treatment systems in Cattaraugus County are regulated by the Environmental Health Division”

• Subdividing landRegulated (with conditions)

  Realty subdivisions inside the Town of Persia subject to Cattaraugus County Health Department jurisdiction.

  • The County Health Department says a permit is not required but engineering-plan review and approval are required for compliance with New York Public Health Law and Environmental Conservation Law.

  “review and approval of engineering plans is required”

Still unanswered

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

• Owner-builder exemption — Owner-built residences inside the Town of Persia.
• Certificate of occupancy — Residential occupancy inside the Town of Persia.
• Living in an RV — Long-term RV occupancy on private land inside the Town of Persia.
• Tiny homes — Tiny-home occupancy inside the Town of Persia.
• Accessory dwellings — Accessory dwelling units inside the Town of Persia.

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.