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

Town of Benton’s own rules

• Building permitRequired

  Erection of a building or structure, additions, and exterior structural alterations inside Benton town.

  • Chapter 30 contains exemptions from the building-permit requirement.
  • The work may not commence before the Town-issued permit is obtained.
  • Zoning compliance is also required for a zoning permit.

  “No person shall commence any work for which a building permit is required without first having obtained a building permit from the Town.”

• Certificate of occupancyRequired

  Land, buildings, and structures inside Benton town that are used, occupied, erected, altered, extended, or changed in use.

  • The certificate is issued by the Town Code Enforcement Officer.
  • The certificate states that the land, building, structure, and proposed use conform to Chapter 110.

  “No land, building or structure shall be used or occupied, and no building or structure hereafter erected, altered, or extended shall be used or changed in use until a certificate of occupancy shall have been issued by the Code Enforcement Officer in accordance with the provisions of this chapter.”

• Local zoningPresent (with conditions)

  Land inside the Town of Benton, Yates County, New York.

  • District-specific use and dimensional controls apply under Chapter 110.

  “establishes the following zoning districts”

• Minimum dwelling sizeSpecified

  Mobile homes installed inside Benton town.

  • This is a mobile-home standard and does not establish a general minimum dwelling size for all dwelling types.

  minimum mobile-home floor area: >= 720 square feet

  “Minimum size: 24 feet wide 720 square feet. [Amended 11-14-2007 by L.L. No. 3-2007]”

• SetbacksDistrict specific (with conditions)

  Buildings and uses inside Benton zoning districts.

  • The Town's Density Control Schedule supplies district dimensional requirements.
  • Mobile homes must meet the residential setbacks for their district.

  “All mobile homes shall meet the minimum lot size and setback requirements for a residential use in said district.”

• Lot coverageDistrict specific (with conditions)

  Uses regulated by Benton zoning districts.

  • The Town Density Control Schedule establishes district controls; individual use standards may establish additional coverage limits.

  farm-related-business maximum lot coverage: <= 25 percent (Farm-related businesses permitted as special uses in A-R-1 and A-R-B districts on lots of three acres or more.)

  “The maximum lot coverage of a farm-related business shall be 25%.”

• Building heightDistrict specific (with conditions)

  Buildings and structures inside Benton zoning districts.

  • The Town Density Control Schedule establishes general district dimensional controls; particular uses can have additional standards.

  maximum multifamily building height: <= 35 feet (Applies to the multifamily-dwelling standard in Chapter 110.)

  “Maximum building height shall be 35 feet.”

• Manufactured homesLimited

  Mobile or manufactured homes installed inside Benton town.

  • The home must meet the residential minimum lot-size and setback requirements for its district.
  • A building permit is required.
  • The home must be at least 24 feet wide and 720 square feet, have two exits, meet state and local health standards for water and sewage, meet state certification and building-code requirements, have a masonry pad foundation, be on a lot of record, and have the required roof pitch.

  minimum width: >= 24 feet · minimum size: >= 720 square feet

  “All mobile homes shall meet the minimum lot size and setback requirements for a residential use in said district. All mobile homes require a building permit.”

• Subdividing landRegulated (with conditions)

  Property divisions, subdivisions, and lots and blocks inside Benton town.

  • The zoning code directs developers to follow Town subdivision regulations adopted from time to time.

  “The Town of Benton also has Sub-Division regulations in our zoning codes. Please contact our zoning officer for proper procedure if you are planning to sub-divide or split any properties.”

• Building in a floodplainRequired

  Construction and other development in areas of special flood hazard inside Benton town.

  • Applies in special flood hazard areas shown on the Flood Insurance Rate Map enumerated in § 35-3B.
  • An application fee set by separate Town Board resolution is required.
  • The applicant must reimburse the Town for additional review, inspection, and approval costs; the Local Administrator may require a deposit of up to $500.

  maximum additional-cost deposit: <= 500 USD (May be required by the Local Administrator to cover additional review, inspection, and approval costs.)

  “It shall be unlawful to undertake any development in an area of special flood hazard, as shown on the Flood Insurance Rate Map enumerated in § 35-3B, without a valid floodplain development permit.”

• Permit feesVariable (with conditions)

  Town building permits and approval applications inside Benton town.

  • The fee schedule is set from time to time by Town Board resolution.
  • For a denied building-permit application, 50% of the fee is refundable only if no construction has commenced; no refund is due if construction has started.

  refund of fee for unapproved building-permit application: 50 percent (Only if no construction has commenced.)

  “A schedule of fees for all building permits and approval applications as required in this chapter shall be set from time to time by resolution of the Town Board.”

• Permit processPublished (with conditions)

  Town building-permit applications inside Benton town.

  • Applications must include two copies of a scaled layout or plot plan.
  • The plan must show the lot dimensions and the precise size and location of proposed and accessory buildings, plus any other information necessary for enforcement.
  • The permit is issued after application approval and payment of the fee.
  • A permit expires one year after issuance and must be renewed if construction is not completed.

  permit expiration: 1 year (Renewal is required if construction has not been completed.)

  “There shall be submitted with all applications for building permits two copies of a layout or plot plan drawn to scale showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and accessory buildings to be erected, and such other information as may be necessary to determine and provide for the enforcement of this chapter.”

Rules another office applies inside Town of Benton

Town of Benton 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)

  The New York Uniform Code applies inside Benton town because Benton is outside New York City.

  • The Uniform Code establishes minimum construction standards; Benton may enforce applicable local provisions consistent with state law.

  “The Uniform Code is automatically in effect in each city, town, and village in the State (except New York City)”

Still unanswered

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

• Owner-builder exemption — Owner-built residential construction inside Benton town.
• Inspections — Construction inside Benton town.
• Living in an RV — Long-term occupancy of a recreational vehicle on private land inside Benton town.
• Camping on your land — Temporary camping on private land inside Benton town.
• Tiny homes — Tiny-home occupancy inside Benton 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.