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

Town of Batavia’s own rules

• Building permitRequired

  Work inside the Town of Batavia that must conform to the Uniform Code or Energy Code.

  • Exceptions apply under § 89-4B, including specified small detached structures, certain pools, fences, finish work, equipment replacement, and limited repairs.
  • 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.”

• Owner-builder exemptionAvailable (with conditions)

  Building-permit work by a homeowner inside the Town of Batavia.

  • The homeowner remains legally responsible for ensuring that a required building permit is obtained.
  • A contractor's name must be provided if a contractor is hired.

  “You can do the work yourself or hire a contractor. If you decide to hire a contractor, you will need to provide their name when the application is made.”

• InspectionsRequired

  Permitted construction work inside the Town of Batavia.

  • Work must remain accessible and exposed until inspected and accepted.
  • The listed elements are inspected where applicable, including a final inspection after authorized work is complete.

  “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. The permit holder shall notify the Code Enforcement Officer when any element of work described in Subsection B of this section is ready for inspection.”

• Certificate of occupancyRequired

  Work subject to a building permit and structures converted to another use or occupancy classification inside the Town of Batavia.

  • A certificate of occupancy or certificate of compliance is required.
  • A temporary certificate may allow temporary occupancy only if the Code Enforcement Officer determines the covered area may be occupied safely and other stated conditions are met.

  “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.”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Batavia.

  • Chapter 235 identifies Agricultural-Residential, Residential, Hamlet Residential, Commercial, Hamlet Commercial, Industrial, Industrial Park, Mobile Home Park, Planned Unit Development, Planned Business Development, Floodplain Overlay, and Wellhead Protection Overlay districts or zones.

  “§ 235-25 Agricultural-Residential District (AG-R). § 235-26 Residential District (R). § 235-26.1 Hamlet Residential District (HR).”

• Permit processPublished (with conditions)

  Building-permit applications inside the Town of Batavia.

  • The application must be in writing on a Town Board-provided or otherwise acceptable form.
  • The application must be signed by the owner or an authorized agent and include the required information and documentation.

  “Applications for a building permit shall be made in writing on a form provided by or otherwise acceptable to the Town Board. The application shall be signed by the owner of the property where the work is to be performed or by 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 Batavia or Genesee County directly.

• Minimum dwelling size — Residential dwellings inside the Town of Batavia.
• Minimum lot size — Residential lots inside the Town of Batavia.
• Setbacks — Residential structures inside the Town of Batavia.
• Lot coverage — Residential lots inside the Town of Batavia.
• Building height — Residential structures inside the Town of Batavia.

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.