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

Town of Kinderhook’s own rules

• Building permitRequired

  Work in the Town of Kinderhook that must conform to the Uniform Code or Energy Code, including construction, enlargement, alteration, improvement, removal, relocation, demolition, and specified solid-fuel appliances.

  • Exemptions listed in § 96-7(B) apply.
  • Exempt work is not authorization to violate the Uniform Code or Energy Code.
  • A permit must be obtained from the Code Enforcement Officer before work begins.

  “Building permits required. Except as otherwise provided in Subsection B of this section, a building permit shall be required for any work which must conform to the Uniform Code and/or the Energy Code, including, but not limited to, the construction, enlargement, alteration, improvement, removal, relocation or demolition of any building or structure or any portion thereof and the installation of a solid-fuel-burning heating appliance, chimney or flue in any dwelling unit.”

• InspectionsRequired

  Applicable elements of construction authorized by a building permit in the Town of Kinderhook.

  • Work must remain accessible and exposed until inspected and accepted.
  • The permit holder must notify the Code Enforcement Officer when an enumerated element is ready for inspection.
  • Inspections apply where applicable.

  “Work to remain accessible and exposed. 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 subject to a building permit and structures converted to another use or occupancy classification in the Town of Kinderhook.

  • A certificate may issue only when the work complies with the Uniform Code and Energy Code.
  • The Code Enforcement Officer or an authorized inspector must inspect before issuance.

  “Certificates of occupancy/certificates of compliance required. A certificate of occupancy/certificate of compliance shall be required for any work which is the subject of a building permit and for all structures, buildings or portions thereof which are converted from one use or occupancy classification or subclassification to another.”

• Local zoningPresent (with conditions)

  Land inside the Town of Kinderhook, Columbia County, New York.

  • Zoning compliance is determined by the district in which land is located.

  “In order to fulfill the purposes of this chapter, the Town of Kinderhook establishes and is hereby divided into the following nine zoning districts for the following purposes:”

• Zoning districtsPublished (with conditions)

  Land inside the Town of Kinderhook.

  • The zoning map and overlay maps are adopted as part of Chapter 250.
  • District boundaries and parcel applicability must be determined from the certified zoning map.

  “The location and boundaries of said zoning districts are shown on the map entitled "Zoning Map," certified by the Town Clerk as adopted. Said map, together with everything shown thereon and all overlay maps and amendments thereto, is hereby adopted and is declared to be an appurtenant part of this chapter.”

• Minimum lot sizeDistrict specific (with conditions)

  Residential uses in the AR Agriculture and Residential District inside the Town of Kinderhook.

  • The schedule states the density is one dwelling unit per five acres.
  • Lots in conservation subdivisions are exempt from schedule minimum lot-width requirements.
  • The schedule refers to Chapter 215, § 215-20, and § 250-27 for conservation and cluster subdivisions.

  minimum lot size: 2.5 acres

  “AR 1 per 5 acres 300 2.5 acres 50 50 50 25% 2 1/2 35 50”

  One more reviewed finding on this topic

  • District specific (with conditions) — Residential uses in the R-2 Residential District inside the Town of Kinderhook.

    “R-2 1 per 2 acres 250 1 acre 50 50 50 25% 2 1/2 35 50”

• SetbacksDistrict specific (with conditions)

  Residential uses in the AR Agriculture and Residential District inside the Town of Kinderhook.

  • Minimum front-yard setback is 75 feet on state and county highways.
  • Height exceptions are addressed in § 250-15.

  front yard: 50 feet (75 feet on state and county highways) · side yard: 50 feet · rear yard: 50 feet

  “The minimum front yard setback shall be 75 feet on state and county highways.”

  One more reviewed finding on this topic

  • District specific (with conditions) — Residential uses in the R-2 Residential District inside the Town of Kinderhook.

    “The minimum front yard setback shall be 75 feet on state and county highways.”

• Lot coverageDistrict specific (with conditions)

  Residential uses in the AR Agriculture and Residential District inside the Town of Kinderhook.

  • Maximum lot coverage includes all accessory buildings and pavement.

  maximum lot coverage: <= 25 percent (Includes all accessory buildings and pavement)

  “AR 1 per 5 acres 300 2.5 acres 50 50 50 25% 2 1/2 35 50”

  One more reviewed finding on this topic

  • District specific (with conditions) — Residential uses in the R-2 Residential District inside the Town of Kinderhook.

    “R-2 1 per 2 acres 250 1 acre 50 50 50 25% 2 1/2 35 50”

• Building heightDistrict specific (with conditions)

  Residential uses in the AR Agriculture and Residential District inside the Town of Kinderhook.

  • Height exceptions are addressed in § 250-15.

  maximum building height: <= 2.5 stories (See § 250-15, Height exceptions) · maximum building height: <= 35 feet (See § 250-15, Height exceptions)

  “AR 1 per 5 acres 300 2.5 acres 50 50 50 25% 2 1/2 35 50”

  One more reviewed finding on this topic

  • District specific (with conditions) — Residential uses in the R-2 Residential District inside the Town of Kinderhook.

    “R-2 1 per 2 acres 250 1 acre 50 50 50 25% 2 1/2 35 50”

• Permit feesVariable (with conditions)

  Town building-permit applications, amendments, renewals, and inspections.

  • The applicable fee must be paid at submission for a building-permit application, amendment, or renewal.
  • Inspection fees must be paid before or at inspection.
  • The amount is specified in or determined under § 96-18; no current dollar schedule was opened.

  “Fee. The fee specified in or determined in accordance with the provisions set forth in § 96-18, Fees, of this article must be paid at the time of submission of an application for a building permit, for an amended building permit, or for renewal of a building permit.”

• Permit processPublished (with conditions)

  Building-permit applications in the Town of Kinderhook.

  • Applications must be in writing on an acceptable form.
  • Application must be signed by the owner or authorized agent.
  • The Code Enforcement Officer must determine compliance with the Uniform Code and Energy Code.
  • At least two sets of construction documents are required, subject to listed requirements.

  “Applications for building permits. Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Code Enforcement Officer. The application shall be signed by the owner of the property where the work is to be performed or an authorized agent of the owner.”

Still unanswered

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

• Owner-builder exemption — Owner-performed residential construction in the Town of Kinderhook.
• Minimum dwelling size — Residential dwellings inside the Town of Kinderhook.
• Living in an RV — Residential occupancy of recreational vehicles on private land inside the Town of Kinderhook.
• Camping on your land — Temporary camping on private land inside the Town of Kinderhook.
• Tiny homes — Tiny-home occupancy inside the Town of Kinderhook.

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.