APPLICATION PROCESS

Stepping through the Joint Zoning Board of Appeals/Planning Commission (PCZBA) Process

Step 1. Initial Contact

Applications to go before the Joint Zoning Board of Appeals/Planning Commission (PCZBA) must be initiated by contacting the Code Enforcement Department at 315-363-8460. This initial step assists the City with communications between departments as well as helps any applicant know the appropriate forms and actions that are required to take place BEFORE a project should be undertaken or continued. A project will require a specific Action to be taken by the PCZBA.

Step 2. Code Enforcement Officer Determination

After the Code Enforcement Officer determined that you need to apply to the PCZBA, you will complete a Code Enforcement Application that will be provided. This Application officially notifies the City that you are seeking to undertake a project. This initial application will be denied, it is this denial that is the administrative trigger that will bring you to Step 3.

Step 3. Referral to Planning

You will be referred to the Department of Planning to discuss application requirements that go before the PCZBA. Each Action will have different requirements, but all will require a Cover Sheet. ALL applications will require the owner to sign. The Owner is the property owner that is on file with the Assessor and/or the County Clerk. If the owner does not sign, it will require a notarized statement or proof that the applicant has the authority to sign off on all documents/forms related to the property. Note if the owner does not sign, and no documentation grant authority, it could render your action null and void, resetting the entire process. It is in this step where you will learn:

• If a pre-application meeting with City Engineering, Water, Fire, Codes, and Planning is required;
• the Type of SEQRA Action your project will most likely fall under (Type I, Type II, or Unlisted);
• if a 239 Review with County Planning will be required;
• if there will be a public notice; and/or
• if neighbor statements will be required.

Step 4. Application Submission

All application materials are due at least two weeks prior to the PCZBA meeting. The PCZBA meeting is held on the Second Tuesday of Every Month at 6:00 p.m. as long as a quorum can be assembled. ALL Actions require a cover page, all application pages given by the Director of Planning or City Official, a location map provided by the City Assessor or Planning Director, and all fees for each action. Each application requires 14 printed copies and 1 digital copy submitted to the Director of Planning.

Step 5. PCZBA Meeting

ALL APPLICANTS are strongly encouraged to attend the night of the meeting. The PCZBA has tabled actions in the past due to a lack of attendance, due to questions that may need to be answered. Bring any documents that will help the Board decide on the application they are considering. If you are going through a variance proceeding. Be able to speak to each variance criteria.

Here are common reasons why the PCZBA may not take action on the first night:

• A coordinated review is required pursuant to SEQRA, each interested or involved agency has 30 days to respond to notices. SEQRA must be completed prior to action. If the meeting falls within 30 days and no comments are received by the Oneida Planning Department, an action legally CAN NOT be taken.
• Some actions require a 239 Review. If a 239 Review is required, the County Planning Department has 30 days to respond. If the meeting falls within 30 days and no comments are received by the Oneida Planning Department, an action legally CAN NOT be taken.
• An applicant is not in attendance. No matter how “simple” the application, the PCZBA has questions. Very often the PCZBA will table an action because the applicant is not in attendance. If you, the applicant, can not attend. It is imperative you send a representative to speak for you and your application. Preferably someone who is familiar with the project, and has the authority to speak for you.
• The PCZBA requires legal consultation. During the course of deliberations over applications, PCZBA members feel the issue is complicated enough, or unsure about the appropriate course of action in regards to the application. It is not uncommon for the PCZBA to table an action pending additional information.

Step 5. PCZBA Determination

During a PCZBA meeting the Board will render one of the following Determinations:

• Approval
• Approval with Conditions or Modifications
• Denial

The applicant will receive notice of a determination. If a person wants to challenge the decision of the Joint Zoning Board of Appeals/Planning Commission, an application can be made to the State Supreme Court for relief by a proceeding under Article 78 of the civil practice law and rules. This action must be taken within thirty (30) days of the decision.

Step 6. Follow Up with Codes

Once a determination has been made it is the responsibility of the applicant to follow up with Codes. This may require an inspection from the Code Enforcement Officer or Fire Marshall. Certain Permits may expire depending on the project. It is important to comply with any conditions set during the determination phase (Step 5) as soon as possible. When in doubt as the Code Enforcement Officer, or the Director of Planning and Development.

SEQR Resources

• EAF Mapper
• SEAF Workbook
• FEAF Guide
• CRIS Site
• FEMA Mapper