FAQ - Planning and Zoning

1. What are EPODs, and how do I know if my property is located within such areas?  Does it take longer to get a building permit if I am in an EPOD?
2. If my property fronts on Irondequoit Bay, or Lake Ontario do I need any additional permits to build a house, additions, deck, or dock?  If so, will it take longer to obtain a building permit?
3. I have a small lot which does not conform to current zoning requirements.  Can I still build on it?  If so do I need any special approvals?
4. My house does not meet current zoning regulations.  Can I rebuild if it is demolished or destroyed by floods or a fire?
5. Can I operate a business in my home?

1.   What are EPODs, and how do I know if my property is located within such areas?  Does it take longer to get a building permit if I am in an EPOD?

The Town’s zoning code includes Environmental Protection Overlay Districts, or EPODs, which provide an increased level of oversight for development in fragile environmental areas, including steep slopes, woodlots, flood plains, coastal zones, watercourses, and wetlands. If you live or own property in an Environment Protection Overlay District, please call the Planning & Zoning Department for appropriate assistance and approvals before undertaking any construction or site work. 

The Planning & Zoning Department has a set of town maps that show the EPODs.  You can view these maps online, call 336-6015 or 336-6029 to see if your property is located in an EPOD, or visit Town Hall to look at the maps.  This information is noted on assessment notices and property tax bills.

The EPOD regulations cover not only new structures, pools, decks, sheds and additions, but also tree removal and topping, soil stripping, filling, excavation and grading, as well as the drainage and discharge of storm water and pool water over slopes or into protected bodies of water.  [See Town Code Section 235-41 for EPOD Code.]

EPOD Permits are granted by the Planning Board after a public hearing.  This process takes approximately 30-60 days.  If the EPOD Permit is granted, the project can proceed for building permit review, which takes approximately 7-21 days.  Therefore, projects located in an EPOD District may take up to 3 months or longer to receive all required permits, so plan ahead.

2.   If my property fronts on Irondequoit Bay, or Lake Ontario do I need any additional permits to build a house, additions, deck, or dock?  If so, will it take longer to obtain a building permit?

The NYS Department of Environmental Conservation (DEC) has delineated a Coastal Erosion Hazard Area along Lake Ontario and along parts of Irondequoit Bay to protect this fragile waterfront zone.  Disturbance to this area is discouraged, and any proposed earth work or construction in this area requires a permit from the DEC.  A DEC permit is required before a building permit can be obtained.

Work within designated wetlands and their buffers also requires DEC approval.  A Town EPOD Permit is also required for construction in wetland buffers, flood plains, woodlots, and/or steep slope areas.  A building permit is also required after other appropriate permits have been obtained.

To construct a dock on Irondequoit Bay, a permit from the NYS DEC and U.S. Army Corps of Engineers is required.  A Town permit is also required to insure that the required town zoning codes (i.e. number of docks, size, and setbacks) are being met.

Obtaining permits from the DEC and the Town will take several months, so plan a head.

NYS DEC Region 8 Office, Avon, NY can be reached by calling (585) 226-5400.
The DEC coordinates its review with the U.S. Army Corps of Engineers.

3.   I have a small lot which does not conform to current zoning requirements.  Can I still build on it?  If so do I need any special approvals?

Non-conforming lots that are part of an approved and filed subdivision are considered legal and may be built upon, provided that the structure meets all current zoning and building codes (i.e. setbacks, lot coverage, etc.).  Contact the Planning and Zoning Department for further information, 585-336-6015 or 585-336-6029.

4.   My house does not meet current zoning regulations.  Can I rebuild if it is demolished or destroyed by floods or a fire?

If the repair or replacement is not more than 50% of the value of the house and dimensions of the house are not exceeded, work can be performed without special approvals.  However, a building permit is required, and all applicable codes must be met. 

5.   Can I operate a business in my home?

Town code permits Home-Occupation under limited circumstances.  For example, you must live on the premises, have no employees, and no clients are allowed to visit the home.  There is also a limit on the floor space devoted to such use and a prohibition against outdoor use, signage, and use of accessory structures (i.e. garage or shed).  Section 235-14.F. of the Town Code details home-occupation requirements.

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