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

Town of Phelps’s own rules

• Building permitRequired

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

  • The § 60-4(B) exemptions apply, including specified temporary sets, certain awnings, low partitions or movable cases, finish work, specified portable equipment, qualifying replacement equipment, and repairs without fire- and life-safety impacts.
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  “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.”

• Building code adoptedAdopted (with conditions)

  Buildings, structures, and premises inside the Town of Phelps.

  • Except as otherwise provided in the Uniform Code, Energy Code, other state law, or Chapter 60.

  “The Code Enforcement Officer shall administer and enforce all the provisions of the Uniform Code, the Energy Code, and the Town of Phelps Code.”

• InspectionsRequired

  Permitted construction work inside the Town of Phelps.

  • Only applicable listed construction elements are inspected; remote inspection may be substituted when the Code Enforcement Officer or authorized inspector finds it can achieve the same level and quality as an in-person inspection.

  “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.”

• Local zoningPresent (with conditions)

  Land inside the Town of Phelps, Ontario County, New York.

  • The Town Board adopted Chapter 145; amendments noted in the code may apply.

  “[HISTORY: Adopted by the Town Board of the Town of Phelps 7-21-1975 as Ch. 30 of the 1975 Code. Amendments noted where applicable.]”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Phelps.

  • District boundaries are shown on the Official Zoning Map of the Town of Phelps of 1974 together with subsequently adopted amendments.

  districts: R-AG Agricultural-Residential; R-1 Residential; C-1 Commercial; C-2 Neighborhood Commercial; M-1 Industrial; MOD Mining Overlay; MTOD Major Thoroughfare Overlay

  “the Town is hereby divided into the following types of districts:”

• Permit feesVariable (with conditions)

  Building-code permits and inspections inside the Town of Phelps.

  • Fees are set by the Town Board; Chapter 60 requires the applicable fee when submitting a building-permit, amended-permit, or renewal application and before or at each inspection.

  “To collect fees as set by the Town Board of this Town;”

• Permit processPublished (with conditions)

  Building permits inside the Town of Phelps.

  • Application must be written on a form provided by or acceptable to the Code Enforcement Officer and signed by the owner or authorized agent; required application information and construction documents apply.
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  “Applications for a building permit shall be made in writing”

Still unanswered

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

• Owner-builder exemption — Owner-performed residential construction inside the Town of Phelps.
• Certificate of occupancy — Occupancy of buildings inside the Town of Phelps.
• Minimum dwelling size — Dwellings inside the Town of Phelps.
• Minimum lot size — Residential lots inside the Town of Phelps.
• Setbacks — Residential structures inside the Town of Phelps.

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.