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

Town of Cincinnatus’s own rules

• Building permitRequired

  Uses, structures, and land development inside Cincinnatus town.

  • No permit is required for the enumerated nonstructural repairs, limited alterations, certain small noncommercial structures, agricultural buildings without electric or septic systems, and specified storage-shed work.
  • Permit applications are filed with the Town Clerk.

  small noncommercial structure maximum size: <= 200 square feet (Only if not improved with electric or septic systems and not intended for use by one or more persons.)

  “No use or structure shall be established, erected nor land developed until a permit has been issued by the Code Enforcement Officer”

• Certificate of occupancyRequired

  Construction and uses inside Cincinnatus town for which the town zoning law requires a certificate of occupancy.

  • Construction must meet all codes and local laws and all special conditions required by the Planning Board or Zoning Board of Appeals.
  • The certificate is for the specified use only.

  “The owner of a building or structure has no right of occupancy or use until he or she receives a validated Certificate of Occupancy as specified above.”

• Local zoningPresent (with conditions)

  Land inside the Town of Cincinnatus, Cortland County, New York.

  • The zoning law includes its text, zoning map, and fee schedule.

  “The title of this Code is the "Zoning Law of the Town of Cincinnatus" and shall include this Text, Zoning Map and Fee Schedule.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Cincinnatus town.

  • District boundaries are shown on the certified Town zoning map incorporated into the law.

  districts: RH Hamlet; AG Agricultural; R Residential; B General Business; RD Research & Development; I Light Industrial; H Historic; W Well Head Protection District

  “RH Hamlet [...] AG Agricultural [...] R Residential [...] B General Business [...] RD Research & Development District [...] I Light Industrial [...] H Historic [...] W Well Head Protection District”

• Agricultural exemptionConditional

  Agricultural buildings or structures inside Cincinnatus town.

  • The agricultural building or structure must not be improved with electric or septic systems.

  “For agricultural buildings or structures that are not to be improved with electric or septic systems.”

• Permit feesVariable (with conditions)

  Town zoning permits inside Cincinnatus town.

  • The applicable non-refundable fee is set by the Town Board fee structure and collected at application.
  • The fee structure in effect at the time of application applies.

  “Permit fees shall be collected and paid according to the fee structure in effect at the time of application. A fee schedule is available from the Town Clerk.”

• Permit processPublished (with conditions)

  Town zoning building-permit applications inside Cincinnatus town.

  • The application is made to the Town Clerk on approved forms.
  • A property map is required; a sketch map is required for one-, two-, or three-family dwellings and farm uses, while a site plan is required for other uses and Historic District residential uses.
  • County Health Department approval evidence is required for water and sewage plans.

  “Application must be made with the Town Clerk on forms approved by the Town. All information on the application form must be completed.”

Rules another office applies inside Town of Cincinnatus

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

• Building code adoptedAdopted (with conditions)

  The New York Uniform Code applies inside Cincinnatus town because it applies in every part of New York except New York City.

  • A city, town, or village need not separately adopt the Uniform Code for it to be effective.

  “The Uniform Code is applicable in every part of the State (except the City of New York, which was permitted to retain its own code).”

• InspectionsRequired

  Construction subject to the Uniform Code inside Cincinnatus town.

  • Applies to specified elements of the construction process; permit holders must keep work accessible and exposed until inspection and acceptance by the municipality.

  “Inspections of certain specified elements of the construction process must be required.”

• Minimum dwelling sizeSpecified

  Multiple-family dwelling development inside Cincinnatus town where allowed by special permit.

  • No more than one third of units may have three or more bedrooms.

  one-bedroom minimum habitable floor area: >= 600 square feet · two-bedroom minimum habitable floor area: >= 800 square feet · three-or-more-bedroom minimum habitable floor area: >= 1000 square feet

  “Minimum habitable floor area requirements: [...] One (1) bedroom: six hundred (600) square feet. [...] Two (2) bedrooms: eight hundred (800) square feet. [...] Three (3) bedrooms or more: one thousand (1,000) square feet.”

• Minimum lot sizeSpecified

  Residential District inside Cincinnatus town.

  • The applicable minimum depends on public-water or public-sewer availability.

  minimum lot size: >= 20000 square feet (If public water or sewer available.) · minimum lot size: >= 30000 square feet (If no public water or sewer available.)

  “Minimum Lot Size: Twenty Thousand (20,000) Sq. Feet, if public water or sewer available. Thirty Thousand (30,000) Sq. Feet, if no public water or sewer available.”

• SetbacksSpecified

  Agricultural District inside Cincinnatus town.

  front setback: >= 100 feet · side setback: >= 30 feet · rear setback: >= 30 feet

  “Setbacks: - Front: One hundred (100) feet - Side: Thirty (30) feet - Rear: Thirty (30) feet”

  One more reviewed finding on this topic

  • Specified — Residential District inside Cincinnatus town.

    “Setbacks: Front: Seventy-five (75) feet Side: Twenty (20) feet Rear: Twenty (20) feet”

• Lot coverageSpecified

  Research, Development and Professional Office District inside Cincinnatus town.

  • Parking areas and all other impervious surfaces count as lot coverage.

  maximum lot coverage: <= 50 percent (Parking areas and all other impervious surfaces are included.)

  “Maximum Lot Coverage** 50% [...] ** Parking areas and all other impervious surfaces are considered part of lot coverage.”

• Building heightSpecified

  Agricultural District inside Cincinnatus town.

  • Agricultural storage facilities, airport structures, and telecommunication towers are excepted.

  maximum height: <= 35 feet (Except agricultural storage facilities, airport structures and telecommunication towers.)

  “Height: Thirty five (35) feet (except agricultural storage facilities, airport structures and telecommunication towers).”

• Manufactured homesLimited

  Individual mobile homes in the Agricultural and Residential districts inside Cincinnatus town.

  • The zoning law permits individual mobile homes in those districts subject to Section 615.
  • Only mobile homes manufactured after June 15, 1976 may be placed in town.

  “Only mobile homes manufactured after the implementation of the Housing and Community Development act (June 15, 1976) shall hereafter be placed in the Town.”

• Who permits septicCounty (with conditions)

  Water-supply and sewage-disposal system plans submitted with building applications inside Cincinnatus town.

  • Evidence of approval by the Cortland County Health Department, or its agent, must accompany the application.

  “Evidence of approval of the water supply and the sewage disposal system plans by the Cortland County Health Department, or its agent, must be submitted at the time of application.”

• Septic permitLimited

  Sewage-disposal systems proposed with a Cincinnatus town building-permit application.

  • The application must include evidence of approval by the Cortland County Health Department or its agent; applications without it are not accepted.

  “Applications lacking such information shall not be accepted.”

• Off-grid sanitationLimited

  On-site wastewater treatment systems in the Cincinnatus Water District Wellhead Protection District inside Cincinnatus town.

  • A two-acre minimum lot is required for on-site wastewater treatment systems in the district.

  minimum lot size: >= 2 acres (Applies in the Wellhead Protection District to on-site wastewater treatment systems.)

  “In the Wellhead Protection District, construction of on-site waste water treatment systems (septic systems) will require a two (2) acre lot minimum.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Cincinnatus town.
• Living in an RV — Long-term RV occupancy on private land inside Cincinnatus town.
• Tiny homes — Tiny-home occupancy inside Cincinnatus town.
• Accessory dwellings — Accessory dwelling units inside Cincinnatus town.
• Septic inspection — Private sewage-disposal systems inside Cincinnatus town.

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.