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

Town of Westport’s own rules

• Local zoningPresent (with conditions)

  Land and development inside the Town of Westport, Essex County, New York.

  • The law separates Village and Town zoning districts; permitted and special-permit uses differ by district.

  “This local law regulates the use and development of land throughout the Town.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside Westport town.

  • Official zoning maps are incorporated into the Land Use Law and maintained by the Town Clerk and Zoning Inspector.

  “Two zoning maps entitled "Westport Town Zoning" and "Westport Village Zoning," dated the effective date hereof, are hereby incorporated into and made a part of this local law.”

• Subdividing landRegulated (with conditions)

  Subdivision of land inside Westport town.

  • Subdivisions must comply with the intensity designations and minimum lot sizes in §§ 21 and 31.

  “All subdivisions shall be in accordance with the intensity designations and minimum lot sizes specified in Sections 21 and 31 hereof.”

• Building in a floodplainRequired

  Flood-prone areas inside Westport town.

  • Applies to alteration of topography, dredging, filling, channel encroachment, construction, or another activity that may affect floodplain water flow; the law cross-references §§ 28 and 32.020.

  “In flood-prone areas, any alteration of topography, dredging, filling, channel encroachment, the construction of any structure, or any other activity which may affect the flow of water through the floodplain (see Sections 28 and 32.020).”

• Permit processPublished (with conditions)

  Town project permits inside Westport town.

  • Applicant files three copies with the appropriate fee and a scale plot plan; the Zoning Inspector may require additional information; the law provides a ten-working-day determination period after a completed application.

  application copies: 3 copies · zoning inspector determination: <= 10 working days (after receiving a completed application)

  “A person desiring a project permit shall file with the Zoning Inspector three copies of an application for a project permit, together with the appropriate fee. [...] Not later than IO working days after receiving a completed application, the Zoning Inspector shall mail or deliver to the applicant his determination that either:”

Rules another office applies inside Town of Westport

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

• Building permitRequired

  Work inside Westport town that is required to conform to the Uniform Code or Energy Code.

  • Certain exceptions are permitted under the State code-enforcement minimum standards.

  “Building permits must be required for any work which is required to conform to the Uniform Code. Certain exceptions are permitted.”

• Building code adoptedAdopted (with conditions)

  Buildings inside Westport town, except the stated New York City exception, under New York's statewide Uniform Code.

  • The Uniform Code is automatically effective; the town may have local enforcement responsibility unless it has lawfully opted out.

  “The Uniform Code is automatically in effect in each city, town, and village in the State (except New York City) by directive of the State Legislature.”

• InspectionsRequired

  Construction inside Westport town subject to Uniform Code or Energy Code enforcement.

  • Only specified construction elements require inspections; permit holders must keep work accessible and exposed until inspected and accepted.

  “Inspections of certain specified elements of the construction process must be required. Building permits holders must keep work accessible and exposed until inspected and accepted by the municipality.”

• Certificate of occupancyRequired

  Work inside Westport town for which a building permit was required, and changes in general occupancy classification.

  • A certificate of occupancy or compliance is required for all work for which a building permit was required and when general occupancy classification changes.

  “A certificate of occupancy or a certificate of compliance must be required (1) for all work for which a building permit was required and (2) whenever the general occupancy classification of a building is changed.”

• Minimum lot sizeDistrict specific (with conditions)

  Village Growth–Residential District inside Westport town.

  • The applicable minimum depends on whether municipal water and sewer are available.

  minimum lot size with municipal water and sewer: 7500 square feet · minimum lot size without municipal water and sewer: 20000 square feet

  “Minimum lot size: 7,500 square feet with municipal water and sewer; 20,000 square feet without municipal water and sewer”

• SetbacksDistrict specific (with conditions)

  Village Growth–Residential District inside Westport town.

  • The right-of-way setback may be the prevailing setback; shoreline requirements apply where applicable.

  minimum setback from center of right-of-way: 50 feet (or prevailing setback) · minimum side and rear setbacks: 15 feet · minimum setback from shoreline: 75 feet

  “Minimum setback from center of right-of-way: 50 feet or prevailing setback Minimum side and rear setbacks: 15 feet Minimum road frontage: 60 feet Minimum shoreline frontage: 150 feet Minimum setback from shoreline: 75 feet”

Still unanswered

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

• Owner-builder exemption — Owner-built residential work inside Westport town.
• Minimum dwelling size — Dwellings inside Westport town.
• Lot coverage — Lots inside Westport town.
• Building height — Buildings inside Westport town.
• Living in an RV — RV occupancy on private land inside Westport 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.