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

Town of Gaines’s own rules

• Building permitRequired

  Establishing or erecting a use or structure, or developing land, inside the Town of Gaines.

  • The permit is issued by the Zoning Enforcement Officer.
  • Applications must be filed with the Town Clerk.

  “No use or structure shall be established or erected nor land developed until a permit has been issued by the Zoning Enforcement Officer in accordance with the provisions of this ordinance.”

• InspectionsRequired

  Buildings, structures, and other facilities under construction inside the Town of Gaines.

  • Applies during construction after the ordinance's requirements have been met and a building permit is issued.

  “The Zoning Enforcement Officer shall make regular site visits during the period of construction of all buildings, structures or other facilities under construction in the Town of Gaines.”

• Certificate of occupancyRequired

  A structure or use completed under an approved application inside the Town of Gaines.

  • The applicant must notify the Town Clerk when the structure is ready for final inspection.
  • The Zoning Enforcement Officer issues a certificate of conformity only if applicable codes, rules, and regulations are complied with and the project conforms to the approved application.

  “The Zoning Enforcement Officer shall issue a certificate of conformity with the Zoning Laws, granting final permission to occupy or use the structure.”

• Local zoningPresent (with conditions)

  Land inside the Town of Gaines, Orleans County, New York.

  • The ordinance title identifies it as the Town of Gaines zoning ordinance.

  “This Ordinance shall be known as and may be cited as the "Zoning Ordinance of the Town of Gaines, Orleans County, New York, 1983,"”

• Zoning districtsPublished (with conditions)

  Zoning districts inside the Town of Gaines.

  • The ordinance lists RA Residential/Agricultural, C Commercial, CH Commercial/Historical, and I Industrial districts.

  “For the purpose of promoting the public health, safety, morals and general welfare of the Town of Gaines, the Town is hereby divided into the following types of districts: RA Residential/Agricultural C Commercial CH Commercial/Historical I Industrial”

• Minimum dwelling sizeSpecified

  Dwellings inside the Town of Gaines.

  • The ordinance definition includes mobile homes.

  minimum gross habitable floor area: >= 980 square feet

  “DWELLING: Any building, structure or portion thereof, including a mobile home, designed, used or intended to be used exclusively as a residence or sleeping place for one (1) or more persons, with a gross habitable floor area of not less than 980 square feet.”

• Living in an RVTemporary only (with conditions)

  Travel trailers and campers on private land inside the Town of Gaines.

  • Overnight occupancy is allowed at an approved camping ground.
  • With owner consent, occupancy on private land may not exceed 10 days and must meet all applicable health standards.
  • Occupancy longer than 10 days requires a special permit from the Zoning Enforcement Officer.

  private-land occupancy limit without special permit: <= 10 days (Owner consent and all applicable health standards are required.)

  “Travel trailers and campers shall not be occupied on an overnight basis except at an approved camping ground, or, with the consent of the owner, for a period not exceed ten (10) days on private land, provided all applicable health standards are met. Occupancy for periods longer than (10) days is permitted only upon receipt of a special permit issued by the Zoning Enforcement Officer.”

• Camping on your landLimited

  Temporary camper or travel-trailer occupancy on private land inside the Town of Gaines.

  • Private-land occupancy needs owner consent, may not exceed 10 days, and must meet applicable health standards.
  • A special permit is required for occupancy longer than 10 days.

  private-land occupancy limit without special permit: <= 10 days (Owner consent and all applicable health standards are required.)

  “Travel trailers and campers shall not be occupied on an overnight basis except at an approved camping ground, or, with the consent of the owner, for a period not exceed ten (10) days on private land, provided all applicable health standards are met.”

• Tiny homesLimited

  A permanent tiny home proposed as a dwelling inside the Town of Gaines.

  • The ordinance definition of dwelling requires gross habitable floor area of at least 980 square feet.
  • All buildings must comply with current New York State Building Codes.

  minimum gross habitable floor area for dwelling: >= 980 square feet

  “DWELLING: Any building, structure or portion thereof, including a mobile home, designed, used or intended to be used exclusively as a residence or sleeping place for one (1) or more persons, with a gross habitable floor area of not less than 980 square feet.”

• Manufactured homesLimited

  Individual mobile or manufactured homes inside the Town of Gaines.

  • Homes must meet current Housing and Community Act of 1976 regulations and state and local building codes.
  • Single-wide homes are limited to mobile-home parks or agricultural operations as farm-labor housing.
  • Double-wide homes are permitted only in RA districts and mobile-home parks.

  single-wide minimum area: >= 980 square feet (Measured by exterior floor area dimensions.) · double-wide minimum area: >= 1200 square feet (Measured by exterior floor area dimensions.)

  “Single wide mobile homes shall be placed and located only in Mobile Home Parks and/or used in agricultural operations as Farm Labor Housing. Double Wide mobile homes shall be permitted only in RA districts and Mobile Home Parks.”

• Who permits septicCounty (with conditions)

  Water-supply and sewage-disposal plans submitted with a Town of Gaines permit application.

  • The ordinance alternatively recognizes approval by the county health department's agent or a duly appointed Town of Gaines agent.

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

• Septic permitRequired

  Water-supply and sewage-disposal plans submitted with a Town of Gaines permit application.

  • Approval must be from the Orleans County Health Department, its agent, or a duly appointed Town of Gaines agent.
  • An application lacking the approval evidence will not be accepted.

  “Evidence of approval of the water supply and the sewage disposal system plans by the Orleans County Health Department, or its agent or a duly appointed agent of the Town of Gaines must be submitted at the time of application. Applications lacking such information shall not be accepted.”

• Subdividing landRegulated (with conditions)

  Minor and major subdivisions inside the Town of Gaines.

  • Separate regulations require site-plan approval.
  • The ZBA reviews subdivision applications for compliance with the Town of Gaines Development Regulations adopted February 12, 2002.

  “Separate regulations have been adopted for minor and major Subdivisions, which require Site Plan approval. The ZBA shall review all applications for subdivisions for compliance with the Town of Gaines Development Regulations (adopted February 12, 2002).”

• Permit feesPublished (with conditions)

  Town of Gaines code-enforcement, zoning, site-plan, and permit applications listed in the Town's published fee schedule.

  • Fees are due at application submission and non-refundable.
  • Site-plan-review and engineering-cost conditions apply to specified listed fees.

  houses and garages fee: $30.00 plus .15 / SQ FT (The published page marks this item with an asterisk and states site-plan review is required and does not include the site-plan-review fee.)

  “All fees must be paid at the time of submitting an application and are non-refundable.”

• Permit processPublished (with conditions)

  Town of Gaines zoning and building-permit applications.

  • Permit applications are filed with the Town Clerk.
  • Required application materials include the listed plans and applicable water- and sewage-disposal approval evidence.
  • A permit expires one year after issuance if construction has not commenced or been completed, absent an approved extension.

  issuance period after approval: <= 15 days (When all ordinance requirements have been met.)

  “When all requirements of this Ordinance have been met, the Zoning Enforcement Officer shall forthwith issue a building permit and return one approved copy of the sketch plan map no later than fifteen (15) days after approval.”

Rules another office applies inside Town of Gaines

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

• Minimum lot sizeDistrict specific (with conditions)

  Buildings in the RA (Residential/Agricultural) District of the Town of Gaines.

  • The quoted standard is under the specifications for buildings under 4,000 square feet.

  minimum lot size: >= 40000 square feet

  “Minimum Lot Size: Forty thousand (40,000) square feet.”

• SetbacksDistrict specific (with conditions)

  Buildings under 4,000 square feet in the RA (Residential/Agricultural) District of the Town of Gaines.

  • Ridge Road front setback is 120 feet instead of 100 feet.

  front setback: >= 100 feet (120 feet for Ridge Road.) · side setback: >= 15 feet · rear setback: >= 15 feet

  “Front: One hundred (100) feet, except for Ridge Road, which is one hundred and twenty (120) feet? Side: Fifteen (15) feet. Rear: Fifteen (15) feet.”

• Building heightDistrict specific (with conditions)

  Buildings under 4,000 square feet in the RA (Residential/Agricultural) District of the Town of Gaines.

  maximum height: <= 35 feet

  “Frontage: Two hundred (200) feet. Height: Thirty-five (35) feet. Minimum Lot Size: Forty thousand (40,000) square feet.”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction inside the Town of Gaines.
• Building code adopted — Building-code adoption for land inside the Town of Gaines.
• Accessory dwellings — Accessory dwelling units inside the Town of Gaines.
• Septic inspection — On-site sewage systems inside the Town of Gaines.
• Well permit — Private wells inside the Town of Gaines.

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.