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

Town of Esperance’s own rules

• Building permitRequired

  Buildings and structures erected, added to, or structurally altered inside the Town of Esperance.

  • A building permit and zoning permit must both issue before the described work.
  • The permits signify compliance with the Zoning Law.

  “No building or structure shall be erected, added to, or structurally altered until a building permit has been issued, as specified in Section 14, signifying that the building or structure and proposed use thereof complied with the provisions of this Local Law and until a zoning permit has been issued signifying that the building or structure and proposed use thereof complied with the provisions of this Local law.”

• InspectionsRequired

  Work inside the Town of Esperance for which a building permit has been issued.

  • The Enforcement Officer and Building Inspector inspect before certifying compliance.
  • The inspection addresses the Zoning Law, New York State Fire Prevention and Building Code, and applicable variances or conditions.

  “It shall be unlawful to use or permit the use of any building or land, or part thereof, hereafter used, erected, changed, altered, or extended in whole or in part, and for which a building permit has been issued, until the Enforcement Officer and Building Inspector has inspected said building or use and certified that the Zoning Law and New York State Fire Prevention and Building Code, and any applicable variance or conditions thereto, have been complied with.”

• Certificate of occupancyRequired

  Land use changes and buildings or structures erected, altered, extended, or changed in use inside the Town of Esperance.

  • A Certificate of Occupancy must issue before the described land or building use.
  • A temporary certificate may be issued for no more than one year under the Code Enforcement Officer's rules, with a possible single renewal by the Zoning Board of Appeals.

  “No land shall be changed in use and no building or structure hereafter erected, altered or extended shall be used or changed in use until a Certificate of Occupancy has been issued, as specified in Section 14, signifying that such use or change in use complies with the provisions of the Local Law.”

• Local zoningPresent (with conditions)

  Land inside the Town of Esperance, Schoharie County, New York.

  • Uses and buildings must conform to the applicable zoning district and supplementary regulations.
  • Existing lawful uses and special uses are addressed separately by the Zoning Law.

  “This Local Law divides the Town of Esperance into Districts and regulates the location, construction and use of buildings and structures, and the use of land in these Districts.”

• Zoning districtsPublished (with conditions)

  Land inside the Town of Esperance.

  • The Zoning Law includes an Appendix A Use and Area Schedule and Appendix B Town zoning map.
  • District-specific requirements apply based on the parcel's mapped district.

  “The Town is divided into the following districts: Agriculture and Rural Residential District (R-1) & (R-2) Hamlet Residential District (R-3) Commercial District (C) Mobile Home Park District (MP) Industrial District (I) Planned Development District (PDD) Flood Protection District (Refer to Flood Insurance Rate Maps (FIRMs) for Town of Esperance)”

• Living in an RVTemporary only (with conditions)

  Occupied travel trailers on residential lots inside the Town of Esperance.

  • The trailer may not violate the district's minimum yard dimensions.
  • The six-month allowance is measured within any twelve consecutive months.

  maximum occupied-trailer parking period: <= 6 months per 12 consecutive months (On any residential lot and subject to required minimum yard dimensions.)

  “The temporary parking of an occupied travel trailer on any residential lot is permitted for a period not longer than six (6) months in any twelve (12) consecutive months. The above mentioned trailers must not violate the required minimum yard dimensions for the District in which located.”

• Manufactured homesLimited

  Mobile homes or house trailers inside the Town of Esperance.

  • Mobile homes or house trailers are prohibited except in the MP and R-2 districts.
  • Pre-existing mobile homes established before enactment retain prior rights, including substitution rights.

  “Mobile homes or house trailers are specifically prohibited in all zoning districts except the MP, Mobile Home Park District and the R-2 District.”

• Permit feesVariable (with conditions)

  Land-use and building-permit applications inside the Town of Esperance.

  • The fee is set by the Town Board.
  • Payment is required when the approval and permit are returned to the applicant.

  “One (1) copy of such submitted information or plans shall be returned to the applicant when approved by the Code Enforcement Officer and Building Inspector, or by the Planning Board and/or Zoning Board of Appeals, when its approval is necessary, together with such permit, upon payment of a fee as set by the Town Board.”

• Permit processPublished (with conditions)

  Land-use and building-permit applications inside the Town of Esperance.

  • The application requires duplicate written copies of necessary information, building plans, and plot plans.
  • Planning Board or Zoning Board of Appeals approval may be necessary.

  “There shall be submitted with each application for a land use/building permit, duplicate written copies of all the information, building plans and plot plans necessary to enable the Code Enforcement Officer and Building Inspector to comply with the provisions of this and all other existing Town Laws and including New York State Fire Prevention and Building Code.”

Rules another office applies inside Town of Esperance

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

• Building code adoptedAdopted (with conditions)

  Building construction inside the Town of Esperance, except New York City is not relevant to this jurisdiction.

  • The Uniform Code establishes minimum statewide construction standards.
  • Local governments may have more restrictive standards if lawfully adopted.

  “The Uniform Code, which took effect on January 1, 1984, prescribes the minimum standards for building construction in New York. It is applicable in every part of the State with the exception of New York City, which is currently permitted to retain its own code.”

• Minimum dwelling sizeDistrict specific (with conditions)

  Dwelling units in Agricultural and Rural Residential R-1 and R-2 districts inside the Town of Esperance.

  • R-2 mobile-home installations must comply with the New York State building code and applicable federal regulations.

  minimum dwelling dimension: >= 23 feet (R-1 and R-2 districts.) · minimum gross ground-floor area: >= 530 square feet (R-1 and R-2 districts.)

  “Minimum dimension of any dwelling unit shall be no less than twenty-three (23) ft. Minimum gross ground floor area shall be no less than five hundred and thirty (530) square feet.”

• Minimum lot sizeDistrict specific (with conditions)

  Agricultural and Rural Residential R-1 and R-2 districts inside the Town of Esperance.

  • No more than one principal structure is allowed on a lot unless residential in accordance with Section 5.3.1.

  minimum lot area: >= 1.5 acres (Agricultural and Rural Residential R-1 and R-2 districts.) · minimum lot width: >= 200 feet (Agricultural and Rural Residential R-1 and R-2 districts.) · minimum lot depth: >= 200 feet (Agricultural and Rural Residential R-1 and R-2 districts.)

  “1. Minimum lot area shall be 1.5 acres. 2. Minimum lot width shall be 200 ft. 3. Minimum lot depth shall be 200 ft.”

• Building heightDistrict specific (with conditions)

  Agricultural and Rural Residential R-1 and R-2 districts inside the Town of Esperance.

  • There is no height restriction for churches or buildings or structures used for agricultural purposes.
  • Telecommunications towers follow the telecommunications review procedure.

  maximum building height: <= 2.5 stories (R-1 and R-2 districts, subject to stated exceptions.) · maximum building height: <= 35 feet (R-1 and R-2 districts, subject to stated exceptions.)

  “Maximum Height: Maximum building height shall be 2.5 stories or 35 ft. (There shall be no height restriction for churches, or buildings or structures used for agricultural purposes. Telecommunications towers follow telecommunications review procedure)”

• Mandatory utility hookupConditional

  New single-family residential dwellings in the Hamlet Residential (R-3) District where public water and common wastewater collection and treatment facilities are available and proposed to be used.

  • The provision allows a reduced minimum lot size and width; it does not itself state that connection is mandatory.
  • The reduced lot size is 30,000 square feet per dwelling unit and reduced lot width is 100 feet.

  reduced minimum lot size: 30000 square feet per dwelling unit (Only where public water and common wastewater collection and treatment facilities are available and proposed to be used.) · reduced minimum lot width: 100 feet (Only where public water and common wastewater collection and treatment facilities are available and proposed to be used.)

  “Where public water and common waste water collection and treatment facilities are available and proposed to be used, minimum lot sizes for single family residential dwellings may be reduced to thirty thousand (30,000) sq. ft. per dwelling unit. Minimum lot width may be reduced to one hundred (100) feet.”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside the Town of Esperance.
• Tiny homes — Tiny-home occupancy inside the Town of Esperance.
• Accessory dwellings — Accessory dwelling units inside the Town of Esperance.
• Who permits septic — On-site wastewater systems inside the Town of Esperance.
• Septic permit — On-site wastewater systems inside the Town of Esperance.

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.