FAQ's

Are residential uses allowed on the ground floor downtown?

Residential uses are not permitted on the ground floor of any building located in the Downtown Commercial Zone. Residential Uses are only permitted on the upper floor in this Zone.

Are there any regulations for building a garage or shed?

Yes, any accessory structure to the principal use must follow the regulations in §190-14 Accessory Buildings and Uses.

Can I build a building or use a property that one or more of my neighbors have,
even though zoning doesn’t allow for it?

No. All new buildings and changes to existing buildings must abide by the zoning regulations that are currently in place, even if many nearby buildings predate the zoning change, and even if the zoning change was only made recently.

Can I run a business out of my home?

Homes businesses are allowed as long as the area set aside for home businesses does not exceed 20% of the total floor area or exceed 400 square feet of any accessory building. The home business must also comply with zoning regulations in §190-28(3) Conditional Uses.

How can I change the zoning for my property?

This is done through a zoning amendment proposed to the Common Council. Zoning district changes can be proposed by private citizens, city agencies, or elected officials. The proposed changes need to make land use sense in the context of surrounding uses and existing zoning designations. Contact svonderweidt@oneidacityny.gov for more information.

How high can my fence be and where can it be located?

A fence can be a maximum of 6 feet high and may be located as defined in §190-21 Fences, Walls and Plantings.

How many apartments can I have on my property?

The number is regulated by Zoning Use. Additional health, safety, and building standards can be addressed by contacting the City’s Codes Department at 315-363-8460.

I have a corner lot - are there special requirements?

Yes, those requirements must comply with development and zoning regulations. They also must comply with the regulations found in §190-13, §190-14, §190-16, and §190-20.

Is there a way to get relief or a variance from the zoning regulations?

There are two types of variances, a Use Variance, and an Area Variance.

A Use Variance is defined as “The authorization by the Joint Zoning Board of Appeals/Planning Commission for the use of land for a purpose which is otherwise not allowed or is prohibited by the applicable zoning regulations”.

An Area Variance is “Authorization by the Joint Zoning Board of Appeals/Planning Commission for the use of land in a manner which is not allowed by the dimensional or physical requirements of the applicable zoning regulations”.

Each has different criteria that must be addressed as prescribed by New York State Law. An application for a variance requires a Cover Sheet and the appropriate variance application.

My bank requires a zoning verification letter. How do I get one?

Call 315-363-7467. Provide the Property Owner's Name, and Address.

My Property used to have different zoning regulations than it does now.
Can I build to the old regulations?

Generally, no, this is a term that is often referred to as “Grandfathered”. Technically speaking from a legal standpoint this is known as a non-conforming use. Certain situations will allow your property to be legally non-conforming. This can be referenced in § 190-12 Nonconforming situations.

What are the criteria that must be considered by the PCZBA for a Use Variance?

In New York State, Use Variance criteria are laid down in statutes and are requirements in applicable cases. They must be used by zoning boards of appeals when reviewing applications for use variances. In addition, the board must find that each of the elements has been met by the applicant. Use Variance criteria must demonstrate that:

the applicant cannot realize a reasonable return, provided that the lack of return is substantial as demonstrated by competent financial evidence;
the alleged hardship related to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood;
the requested use variance, if granted, will not alter the essential character of the neighborhood;
the alleged hardship has not been self-created

What are the criteria that must be considered by the PCZBA for An Area Variance?

In New York State, statutes specifically set forth the rules for the granting of area variances. In making a determination on an application for an area variance, the PCZBA must balance the benefit to be realized by the applicant against the potential detriment to the health, safety and general welfare of the neighborhood or community if the variance were to be granted. The five following factors must be considered:

whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the area variance;
whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance;
whether the requested area variance is substantial;
whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district;
whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance.

What does Permitted As of Right Mean?

“As of right” means that development may proceed under zoning without the need for a conditional use permit, variance, amendment, or waiver. The proposed right action does not suspend the other requirements of the Zoning Ordinance or Municipal Code. Projects will still be subject to the Site Plan Review process, development standards, and any discretionary actions related to parcel maps and/or subdivisions needed to achieve the proposed project. Additional Permits may also be required from the City of Oneida Codes Department.

What is a 239 Review?

Section 239 l, m, n, and nn of General Municipal Law (commonly called 239 Review) is a State law that requires local municipalities to send certain projects to County planning for review and comment. The law intends to identify actions that might have inter-municipal and countywide impacts. A 239 review is only required for actions that take place within 500 feet of the following:

the boundary of any city, village, or town; or
the boundary of any existing or proposed county or state park or any other recreation area; or
right-of-way of any existing or proposed county or state parkway, thruway, expressway, road or highway; or
existing or proposed right-of-way of any stream or drainage channel owned by the county or for which the county has established channel lines; or
existing or proposed boundary of any county or state-owned land on which a public building or institution is situated; or
the boundary of a farm operation located in an agricultural district (unless it is an area variance, then you do not need to submit it for review).

What is allowed on my property?

You can determine what is allowable on your property by referencing the Schedule of Uses. A property “Use” will be classified as one of the following:

P = Permitted principal uses as of right

NP = Prohibited uses

C = Use requires a conditional use permit to be permitted

A = Permitted accessory use as of right

What is my Zoning?

You can determine the zoning designation of your property quickly and easily by using our online tool. You can look up all relevant zoning information by providing the address. This tool will help you identify the Zone, the Parcel ID Number, Voting Ward, and Ownership information of the property in question.

What is the difference between a Use Variance and an Area Variance?

The difference is pretty clear-cut. If an applicant for a variance wishes to use their property in a residential district for a funeral home, the applicant obviously wants a use variance; if however, the applicant wishes to build an extra room on his house, it would violate a side yard restriction, an area variance called for.

What kind of signs are allowed on my property?

Check the Sign regulations or contact the Codes Department at 315-363-8460.

Where do I begin when I want to start a project or open a new business?

The best place to start is by contacting the City Codes Department at 315-363-8460. The Codes Officers will discuss your proposal and determine what applications or planning actions will be required.