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

Town of Shelby’s own rules

• Local zoningPresent (with conditions)

  Land within the Town of Shelby, Orleans County, New York.

  “The Town of Shelby is hereby divided into zoning districts”

• Zoning districtsPublished (with conditions)

  Shelby town zoning districts and overlay districts.

  • The official zoning map is incorporated into the Local Law and boundaries may be amended by the Town Board.

  “Said districts are bounded as shown on the map entitled “Zoning Map of the Town of Shelby adopted by the Town Board”

• Minimum dwelling sizeSpecified

  All single-family dwellings in Shelby town.

  • Manufactured homes in approved manufactured-home parks and specified farm-worker housing are exempt from the 900-square-foot requirement.

  minimum gross habitable floor area: >= 900 square feet (Specified exemptions in § 619(A))

  “All single family dwellings shall have a gross habitable floor area of not less than 900 square feet.”

• Camping on your landLimited

  Camping units and recreational vehicles on Shelby property.

  • No more than two units may be parked on a property for periods exceeding seven days per month; units must be on the side or rear of improved property and satisfy district building setbacks.

  maximum camping units: <= 2 units (For periods in excess of 7 days per month)

  “No more than two (2) Camping Units or recreational vehicles may be parked on any property at the same time”

• Manufactured homesLimited

  Manufactured homes in manufactured-home parks within Shelby town.

  • A valid Zoning Enforcement Officer license is required; the home must be on a manufactured-home stand and connected to water, sewerage, and electrical utilities before dwelling occupancy.

  “A manufactured home shall not be occupied for dwelling purposes unless it is properly placed on a manufactured home stand”

• Off-grid sanitationLimited

  Camping units and recreational vehicles on improved property in Shelby town.

  • The unit must have a self-contained sanitation system or connect to adequate sanitation facilities.

  “The camping unit must either have self contained sanitation system or be connected to adequate sanitation facilities.”

• Mandatory utility hookupConditional

  Multiple-family developments within Shelby town.

  • The public water-supply and sanitary-sewer systems must be approved by the Orleans County Health Department and other applicable agencies.

  “Multiple family developments shall be connected to and served by public water supply and sanitary sewer systems.”

• Agricultural exemptionConditional

  Farm-worker housing on an active farm in a State Certified Agricultural District in Shelby town.

  • Housing must be accessory to the agricultural use and occupied by farm employees, farm-household members, or their guests.

  “The provisions of this section shall not apply to structures used for Farm Worker Housing on an active farm”

• Subdividing landRegulated (with conditions)

  Development in Shelby town requiring Town Planning Board subdivision approval.

  • A zoning permit, certificate of occupancy, or certificate of compliance cannot issue where necessary Town Planning Board subdivision approval has not been granted.

  “SUB-DIVISION: The division of a parcel of land into two or more parcels, which is subject to approval by the Town Planning Board”

• Driveway accessRequired

  Driveway pipes or culverts on County or Town roads within Shelby town.

  • Approval must come from the County Highway Superintendent or Town Highway Superintendent, as applicable.

  “Approval of the County Highway Superintendent or Town Highway Superintendent is required for any driveway pipes or culverts on County or Town roads.”

• Building in a floodplainRequired

  Projects requiring permits in Shelby town that implicate the Local Flood Hazard Law.

  • The applicant must notify the Zoning Enforcement Officer for inspection before permits are approved.

  “The Applicant shall comply with Local Flood Hazard Law before any permit(s) are approved.”

• Permit feesVariable (with conditions)

  Shelby zoning-permit applications.

  • The non-refundable amount is established by the Town Board fee structure and is collected at application.

  “The appropriate non-refundable fee established by the Town Board in its fee structure shall be collected at the time of application.”

• Permit processPublished (with conditions)

  Shelby zoning permits.

  • Applications are filed with the Zoning Enforcement Officer; site-plan or special-permit uses require Planning Board approvals, and variances require Zoning Board of Appeals action.

  permit issuance deadline after approval: <= 5 days (After all Local Law requirements have been met)

  “issue a Zoning Permit and return one approved copy of the map to the applicant no later than five (5) days after approval.”

Rules another office applies inside Town of Shelby

Town of Shelby 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 within Shelby town that is required to conform to the New York Uniform 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 within Shelby town, which is outside New York City.

  • The Uniform Code is state law; the Town ordinarily administers and enforces it unless it has lawfully opted out, in which case responsibility passes as state law provides.

  “The Uniform Code is applicable in every part of the State (except the City of New York, which was permitted to retain its own code).”

• InspectionsRequired

  Construction subject to the Uniform Code within Shelby town.

  • Permit holders must keep work accessible and exposed until inspected and accepted by the municipality.

  “Inspections of certain specified elements of the construction process must be required.”

• Certificate of occupancyRequired

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

  “A certificate of occupancy or a certificate of compliance must be required (1) for all work for which a building permit was required”

• Minimum lot sizeSpecified

  Agricultural/Residential (AR) District in Shelby town.

  • Lot must also be sufficient to meet Health Department specifications for adequate sewage/septic-tank disposal.

  minimum lot size: >= 30000 square feet (Or a lot size sufficient to meet Health Department specifications for adequate sewage/septic tank disposal)

  “Minimum Lot Size: 30,000 sq. ft., or a lot size sufficient to meet Health Department Specifications”

• SetbacksSpecified

  Agricultural/Residential (AR) District in Shelby town.

  • Front setbacks are measured from the right-of-way; centerline measurements require stated additions.

  front setback from town roads: >= 75 feet · side setback: >= 30 feet (Principal and accessory buildings) · rear setback: >= 30 feet (Principal and accessory buildings)

  “Side: 30 Feet (principal buildings) 30 feet (accessory buildings) Rear: 30 Feet (principal and accessory buildings)”

• Who permits septicCounty (with conditions)

  Water-supply and sewage-disposal plans submitted with a Shelby zoning-permit application.

  • The ordinance also accepts design plans signed by a licensed engineer.

  “Evidence of approval of the water supply and the sewage disposal system plans by the Orleans County Health Department or its agent”

Still unanswered

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

• Owner-builder exemption — Owner-builder construction within Shelby town.
• Accessory dwellings — Accessory dwelling units in Shelby town.
• Septic inspection — On-site sewage systems within Shelby town.
• Well permit — Private wells within Shelby town.
• Short-term rentals — Short-term rentals in Shelby 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.