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

Town of Winfield’s own rules

• Building permitRequired

  Buildings erected, relocated, or altered as to outside dimensions; changes in use; and excavations for a building in the Town of Winfield.

  • A permit must be issued by the Enforcement Officer, or by the Board of Appeals where its approval is required.
  • The applicant must file a sketch or plot plan and state the proposed use and general construction type.

  “No building shall hereafter be erected [...] unless and until a permit therefore has been issued”

• InspectionsRequired

  Each building or lot for which the Town zoning regulations require a certificate of compliance.

  • Inspection is required before the Enforcement Officer issues the certificate of compliance.
  • The inspection must be made within 10 days from notification of project completion.

  inspection timing after notification of project completion: <= 10 days

  “The Enforcement Officer shall make or cause to have made an inspection [...] before issuing such certificate.”

• Certificate of occupancyRequired

  Land used or occupied, and buildings erected, altered, extended, or changed in use, in the Town of Winfield.

  • The Town calls the approval a certificate of compliance.
  • It may issue only if the use conforms to the regulations and the plot plan, purpose, and description for which the permit was issued.

  “No land shall be used or occupied [...] until the Enforcement Officer shall have issued a certificate of compliance.”

• Local zoningPresent (with conditions)

  Land in the Town of Winfield, Herkimer County, New York.

  • The regulations apply to construction, installation, alteration, and land used, occupied, or maintained in the Town of Winfield.

  “These regulations shall be known and may be cited as “ZONING REGULATIONS FOR THE TOWN OF WINFIELD.””

• Zoning districtsPublished (with conditions)

  Zoning districts in the Town of Winfield.

  • The zoning map establishes the location and boundaries of the districts and is part of the regulations.

  districts: R-A Residential-Agricultural; C-H Commercial Highway; L-C Land Conservation; P-D Planned Development; R Residential

  “R-A Residential-Agricultural District C-H Commercial Highway District L-C Land Conservation District P-D Planned Development District”

• Minimum lot sizeDistrict specific (with conditions)

  Lots in the Town of Winfield zoning districts, including R and R-A districts.

  • Schedule A, together with its explanatory matter, is part of the zoning regulations.
  • A permitted use may be constructed on a subminimum lot of record only under the stated existing-lot conditions.

  “Regulations governing lot area and lot width [...] are specified in Schedule A”

• SetbacksDistrict specific (with conditions)

  Front, side, and rear yards in Town of Winfield zoning districts, including R and R-A districts.

  • Schedule A controls front, side, and rear yards subject to additional standards.
  • For a nonconforming lot, a structure must have the district front and rear yards where possible, and has a minimum 10-foot side yard, or 20 feet adjacent to a street.

  “front, side and rear yards; building coverage and building height are specified in Schedule A”

• Lot coverageDistrict specific (with conditions)

  Building coverage in Town of Winfield zoning districts, including R and R-A districts.

  • Schedule A controls building coverage subject to additional zoning standards.

  “building coverage and building height are specified in Schedule A”

• Building heightDistrict specific (with conditions)

  Building height in Town of Winfield zoning districts, including R and R-A districts.

  • Schedule A controls building height subject to additional zoning standards.
  • No building may exceed the height limit designated for its district.

  “building coverage and building height are specified in Schedule A”

• Permit feesVariable (with conditions)

  Building/use permits under the Town of Winfield zoning regulations.

  • The Town Board determines the permit fee from time to time.

  “The fee for any such permit shall be as determined from time by the Town Board.”

• Permit processPublished (with conditions)

  Building/use-permit applications under Town of Winfield zoning regulations.

  • The filing must include a sketch or plot plan with the lot dimensions and angles, building size and location, and other enforcement information.
  • The application must state the intended purpose and a general construction description.

  “Each application shall state the purpose for which the structure or land is to be used”

Rules another office applies inside Town of Winfield

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

• Minimum dwelling sizeSpecified

  Mobile homes in the R-A Residential-Agricultural District in the Town of Winfield.

  • The mobile-home definition requires the unit to have a seal certifying compliance with Federal Construction Standards.
  • Mobile homes in R-A require Planning Board authorization.

  minimum floor area: >= 700 square feet (Mobile homes)

  “Said Mobile Home shall have a minimum floor area of 700 square feet.”

• Manufactured homesAllowed (with conditions)

  Mobile homes, as defined by the Town regulations, in the R-A Residential-Agricultural District in the Town of Winfield.

  • Authorization of the Planning Board is required.
  • The regulations define a mobile home as having a federal-construction-standards certification seal and require a minimum floor area of 700 square feet.

  minimum mobile-home floor area: >= 700 square feet

  “Uses Permitted Upon Authorization of the Planning Board: [...] 2. Mobile home”

• Building in a floodplainLimited

  Development in the Land Conservation District, including the mapped area 200 feet on either side of shoreline at normal water level, in the Town of Winfield.

  • All development in the described Land Conservation District must accord with the Planned Development Process.
  • A permanent building or structure may not be within 50 feet of normal-water-level shoreline unless permitted by the Planning Board under its guidelines and otherwise permitted in the district.

  shoreline setback for permanent buildings or structures: >= 50 feet (Unless permitted by the Planning Board in accordance with its guidelines and otherwise permitted in the district)

  “No permanent building or structure shall be located within fifty (50) feet of the shoreline at normal water level, except as permitted by the Planning Board”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction in the Town of Winfield.
• Building code adopted — Building-code adoption and enforcement for land in the Town of Winfield.
• Living in an RV — Residential occupancy of recreational vehicles on private land in the Town of Winfield.
• Camping on your land — Temporary camping on private land in the Town of Winfield.
• Tiny homes — Tiny-home occupancy in the Town of Winfield.

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.