Zoning

The Zoning Department helps residents, businesses, and developers understand what can be built, where it can be built, and what approvals are needed before starting a project.

From sheds and fences to home businesses, commercial development, subdivisions, and land use changes, the Zoning Officer is your first point of contact for any questions about property improvements or development in the Town of LeRay.

Whether you’re planning a small home project or a major site development, the Zoning Department is here to help you understand the rules, complete the correct applications, and move through the approval process smoothly.

Zoning Enforcement, Complaints & Violations

The Zoning Enforcement Officer (ZEO) ensures zoning laws are followed to protect neighborhoods, safety, and property values. This section explains how enforcement works.

How to File a Zoning Complaint

If you believe a property is not following the Town’s zoning regulations, you may submit a complaint. Complaints may be filed by any person, including residents, neighbors, or the Town itself.

All complaints must be submitted in writing to the ZEO.

What Happens When a Complaint is Filed?

Initial Review and Investigation

Once a written complaint is received, the ZEO:

Records the complaint as part of the Town’s official log.
Begins a prompt investigation, which may include:
- Visiting the property
- Taking photographs
- Reviewing permits and approvals
- Speaking with the property owner or relevant parties

If a Violation Is Confirmed

If the ZEO confirms that a zoning regulation is being violated, the Town issues a stop-work order.

This order requires all related activity to stop immediately until the violation has been corrected.

If the Violation Is Not Corrected by the Deadline

If a property owner does not correct a violation by the deadline the ZEO gave, the Town must move forward with formal enforcement steps. These steps can vary depending on the situation, but generally include:

Issuing written notices reminding the owner of the violation and the required correction.
Sending formal warning letters documenting that the deadline has passed.
Placing the violation on record as an active enforcement matter.
Notifying the property owner that continued noncompliance will result in a court appearance.

The intention is not to punish, but to give the property owner every reasonable opportunity to resolve the issue before the matter is escalated to Town Court.

When the Matter Goes to Court

If the violation still remains unresolved, the ZEO issues the property owner of record an appearance ticket. The owner must appear before Town Court and address the violation before the Judge.

What Counts as a Zoning Offense?

Under NYS Municipal Home Rule and Town Law, if someone disobeys or refuses to follow the zoning laws, it’s officially a violation once the court convicts them.

Each day the offense continues is considered a separate violation and may be charged accordingly.

Penalties for Zoning Violations

Penalties increase when multiple offenses occur within a five-year period.

First Offense
1. Fine up to $350, and/or
2. Up to 6 months in jail
Second Offense (if it happens within 5 years of the first)
1. Fine between $350 and $700, and/or
2. Up to 6 months of imprisonment
Third or More Offenses (within the same 5 years)
1. Fine between $700 and $1,000, and/or
2. Up to 6 months of imprisonment

Penalties are imposed by the Town Court Judge based on the circumstances of each case.

Additional Legal Enforcement by the Town

In certain cases, the Town Board may pursue additional legal remedies beyond local court enforcement.

The Town Board can file a civil action with a court of appropriate jurisdiction. This is not the Town Court. This is usually County or Supreme Court, so it’s more serious.

If such action becomes necessary, the property owner is responsible for all costs incurred by the Town, including:

Legal fees
Consulting or engineering fees
Court costs
Any other expenses associated with enforcing the zoning code

Before You Apply: Start Here

Most delays and frustrations happen before the application is even submitted — not during.

Before beginning any project, big or small, talk with the Zoning Enforcement Officer (ZEO). The ZEO can confirm your zoning district, setbacks, what is allowed on your property, and whether your project needs a Zoning Permit, a Planning Board review, or ZBA approval.

This section is designed to help residents understand what they need to check, know, and prepare so their project can be reviewed smoothly and correctly the first time.

Verify That Your Project Is Allowed on Your Property

Every property in Town has zoning rules, and they differ by district.

Before applying, you should confirm:

What zoning district your property is in (learn more)
What the rules for your district are
This may include:
1. Setback requirements (distance from property lines)
2. Height limits
3. Lot coverage limits
4. What uses are permitted or prohibited
5. Special standards for corner lots, waterfront, agricultural land, etc.

🛑 If this sounds overwhelming: The ZEO will walk you through it. Residents are not expected to interpret the zoning code on their own.

Make Sure Your Project Requires a Zoning Permit

Most projects do, but some do not. A zoning permit is generally required for:

New buildings or structures
Additions or expansions
Decks, porches, garages, sheds, and pools
Changes in land use (e.g., adding a home business or new residential unit)
Projects that alter the footprint, height, or placement of a structure

If you're unsure, call the Planning & Zoning Office. It's far easier to check than to undo a violation later.

Check Whether Your Project Needs Additional Approvals

This is the #1 piece people don’t know — and the biggest cause of delays.

Your zoning permit cannot be issued until all necessary reviews are complete.

Planning Board (PB) may be required for:
1. Subdivisions
2. Lot line adjustments
3. Site plan review
4. Site Plan Modification review
5. Special Use Permits
6. Certain commercial, industrial, or multi-use projects
Important nuance:
1. If you already know you’re subdividing land → you go directly to the Planning Board.
2. If you apply for a zoning permit, and the ZEO discovers your project triggers a Planning Board review → you will be redirected to Planning Board before your permit can be approved.
Zoning Board of Appeals (ZBA) may be required for:
1. Variances (setback relief, height relief, etc.)
2. Interpretations of zoning regulations
3. Projects that cannot meet a zoning requirement as written
Highway Department may be required for:
1. New driveway entrances
2. Changes to existing driveways that affect the road right-of-way
Jefferson County Public Health may be required for:
1. Septic installations or replacements
2. Wells
3. Any project affecting on-site wastewater systems
County Code Enforcement (Building Permit)
Occurs after you receive your zoning permit.

The ZEO will tell you which of these apply to your project.

Gather the Documents You’ll Need to Apply

Nearly all zoning permits require supporting materials.

Required for most projects:

Permit fee
Complete application
- Owner authorization if someone else is applying on your behalf
Basic plot plan/sketch showing:
- Property lines and dimensions
- Size and location of all proposed AND existing structures on the lot
- Setback distances from all lot lines, road right-of-way, waterbodies, etc.

May be required depending on the project:

Septic or well information
Driveway permit
Environmental documentation
Planning or Zoning Board approval letters
Current deed
Any easements effecting the property
Survey map (not always required, but helpful)

Submitting a complete application is the fastest way to avoid delays.

Understand the Timeline and Process

Every project’s timeline depends on:

Whether additional Board review is needed
Whether the application is complete
How quickly the applicant provides requested information
Workload and scheduling cycles for Boards

Simple projects may be approved quickly.

More complex projects, or ones needing PB or ZBA review, follow statutory timelines.

Tip: Always apply well before you plan to start building.

Do Not Begin Work Until the Permit Is Approved

Starting before approval can lead to:

Stop-work orders
Fines
Required removal or modification of work already completed
Delays in scheduling inspections or approvals

A zoning permit must be in hand before any construction begins.

The Town Is Here to Help

The ZEO’s role is not adversarial — it’s to help you complete your project legally and safely.

Residents often think they’re “doing something wrong” by asking questions. You aren’t.

The Town encourages:

Early conversations
Brainstorming
“Does this idea even work?” type questions
Draft site plan reviews
Informal pre-application chats

All of this helps get your project on the right track.

Types of Zoning Permits & Approvals

A zoning permit confirms that your project meets the Town’s zoning regulations before construction begins.

It helps protect property values, ensure safety, and maintain orderly growth in the Town of LeRay. Most outdoor, structural, or land-use changes require a zoning permit before any work starts.

The Zoning Department issues several different types of permits and approvals, each serving a specific purpose. Whether you're building something new, putting up a sign, or changing how a property is used, the Zoning Enforcement Officer (ZEO) will help determine which approval applies to your project.

Below are the main types of zoning permits and zoning-related approvals issued by the Town of LeRay Zoning Department.

Zoning Permit

WHAT IS IT?

A zoning permit is the Town’s written approval stating that your proposed project:

Meets all zoning district requirements
Is located correctly on the property
Complies with setbacks, height, and land-use rules
Is eligible to move forward to Code Enforcement for a building permit

WHEN YOU NEED IT:

Most construction projects and many land-use changes require a Zoning Permit, including:

New homes, garages, sheds, and additions
Decks, porches, pools, and accessory buildings
Expansions or structural changes
Changes in land use (e.g., starting a home business)
New structures on a property
Relocating or enlarging existing structures

IMPORTANT:

It is not the same as a building permit. A zoning permit comes first — it verifies that the project is allowed and positioned correctly.

The County Code Enforcement Officer handles building permits, inspections, and construction safety after zoning approval.

Sign Permit

WHAT IS IT?

A Sign Permit is required to install, replace, enlarge, or modify any permanent sign on a property.

WHEN YOU NEED IT:

Business identification signs
Freestanding or pole signs
Wall-mounted signs
Digital or illuminated signs
Changes to size, location, design, or lighting of existing signs

IMPORTANT:

Size limits
Height limits
Setbacks from roads or property lines
Number of signs allowed per property
Lighting regulations
Safety considerations

No sign may be installed before receiving written approval.

Temporary Zoning Permit

A Temporary Zoning Permit allows a structure or use to exist on a property for a short, defined period of time. These permits are used when a situation is temporary by nature, or when the property owner is actively working to bring a nonconforming situation into full compliance.

Temporary permits are intended to provide flexibility while still upholding the purpose and intent of the Town’s zoning regulations.

How Long does a Temporary Permit Last?

Initial approval: up to 6 months
Renewals may be issued, if progress is being made
Absolute maximum duration: 18 months

When You Might Need a Temporary Permit

Temporary Structures

These are physical structures placed on a property temporarily. These structures must be safe, appropriately placed, and removed once the permit expires.

Common examples include:

On-site storage trailers during construction, renovation, or clean-up
Temporary construction office trailers
Portable restrooms for extended outdoor work or events
Temporary fencing or barriers for events or safety
Temporary stages, platforms, or tents for short-term activities
Portable refrigeration units for grocery stores or restaurants
Temporary shelters or structures used during repairs or storm recovery
Modular temporary sales or leasing offices
Seasonal retail storage units (e.g., additional holiday storage for retailers)
Temporary greenhouses or plant-sale structures for nurseries

Temporary Uses

Some activities or operations may be temporarily allowed even if they are not permitted as a permanent use on the property.

Examples include:

Temporary continuation of a nonconforming business during a transition
Example: A contractor’s yard is operating without approvals. They’re working with the Town to move locations but need time to relocate materials or equipment.
Temporary outdoor sales or operations
- Seasonal flower stands
- Pumpkin/Christmas tree lots
- Temporary outdoor vendor tents
- Seasonal retail expansions(Only if zoning doesn’t normally allow them)
Temporary occupancy
- A temporary mobile home or RV placed on-site while the main home is being rebuilt or repaired
- Allowing someone to temporarily live in an accessory structure during construction(Some towns allow this — yours could if the ZEO believes it fits the intent and compliance plan.)
Temporary commercial activities related to construction
- Material storage
- Contractor staging areas
- Job-site trailers
- Outdoor sorting, cutting, or assembly zones
Temporary use of a property while transitioning to compliance
Example: A business that existed before zoning updates but is now nonconforming may need time to meet new requirements (lighting, fencing, screening, parking).The temporary permit documents the timeline.
Emergency or disaster recovery uses
- Temporary shelters
- Temporary medical or aid stations
- Temporary storage of debris or materials
- Short-term placement of generators or utility equipment

Find Your Zoning District

View the Town-wide zoning district maps to identify the zoning classification of properties throughout the Town.

These maps are intended as a general reference tool and should be used together with the Town Zoning Law for applicable district regulations, permitted uses, setbacks, and other requirements. For questions about a specific property or to confirm zoning information, please contact the Zoning Office.

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