More About Zoning

What you should do.

If you have a project please complete the intake form or call the Codes Department at 315-363-8460. This first step will start the process of getting an idea of what permits and processes are required per the City Code.

When calling be sure to have some of the following information ready:

1. Are your name,
2. Where your property is located
3. Whether you are the applicant or the property owner.
   • A tenant or property manager can apply for various permits or actions to be taken, but it does need signed consent from the property owner.
4. Also please be ready to identify how the property is currently used and when appropriate;
5. How it will be used after your project is implemented.

What is the PCZBA?

Defined in §190-45, “the Joint Zoning Board of Appeals/Planning Commission shall be authorized to hear all land use, planning and zoning matters within the City of Oneida. The Joint Board shall have all of the power and authority of the previously constituted and comprised Zoning Board of Appeals and Planning Commission as set forth in this chapter, Chapters 143 and 155 of the Code of the City of Oneida, the General City Law and the General Municipal Law when considering all land use, planning and zoning matters.”

They potentially are referred to in Oneida’s municipal code as "Zoning Board of Appeals," "Zoning Board," "Planning Commission" or "Planning Board” in various sections of the code. It is also often referred to as the PCZBA.

The PCZBA became a combined board back in 2017. Many municipalities have a separate Planning Board to review and consider site plans and subdivisions and the Zoning Board of Appeals are an administrative body that acts as a buffer between the property owner, or aggrieved applicant, and decisions made by the zoning enforcement officers (ZEO).

Having a Joint PCZBA in the City of Oneida streamlines the process for applicants and reduces timelines for all necessary actions that need to be taken for a project to move forward in the City of Oneida. Applications and meeting dates are set on the city calendar.

Understanding Zoning Permits

Zoning permits may apply to your project. The following information may be helpful to you and your project as your work through the process. The appropriate enforcement officer or Director of Planning will determine the appropriate procedures and permits required for your project.

Area Variance Defined in §190-5

“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. [Added 12-19-2000 by L.L. No. 6-2000; amended 11-8-2017 by L.L. No. 5-2017]”

For example, you wish to build a one-family dwelling in an R-1 Zone. Your lot only allows you to be 40 feet from the rear property boundary. This would require a 10-foot area variance to be granted before construction.

Applicants must provide reasons for the following criteria set forth in General City Law section 81-b, Town Law section 267-b, Village Law section 7-712-b. The board of appeals 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. In balancing these interests, the board of appeals must consider the following five factors:

1. 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.
2. Whether the benefit sought by the applicant can be achieved by some method feasible for the applicant to pursue, other than an area variance.
3. Whether the requested variance is substantial.
4. Whether the proposed variance will have an adverse effect or impact on the physical or environmental condition in the neighborhood or district.
5. 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.

Further guidance about variances can be found in the NYS reference document starting on page 16.

Conditional Use Defined in §190-28

“It is the purpose of this section to provide a process and guidelines to review those uses which may be appropriate to the respective zoning districts, but where the number, location, juxtaposition, and site improvement should be carefully considered and regulated.”

This permit is frequently applied for when a property owner or applicant wishes to change how they are using a property or portion thereof. Many municipalities refer to this permit and process it as a special use permit. Also, the Schedule of Uses will help you know if a Conditional Use permit is appropriate.

This is further explained in our municipal code.

Use Variance Defined in §190-5B

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. [Added 12-19-2000 by L.L. No. 6-2000; amended 11-8-2017 by L.L. No. 5-2017]

A use variance is by far the most difficult to get approved. Applicants must provide reasons for the following criteria set forth in General City Law section 81-b, Town Law section 267-b, Village Law section 7-712-b:

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

Further guidance about variances can be found in the NYS reference document .

It is crucial to know that the Director of Planning or the appropriate enforcement officer in the City of Oneida will convey what appropriate actions must be taken, such as permits and approvals that must go before the PCZBA.

Helpful Links

• The Code: Chapter 190-Zoning
• Schedule of Uses
• Development Standards
• Madison County Parcel Viewer: A helpful place to search by property address and tax id number (PIN, Parcel ID, etc.). It links to real property data as well, which can help you get an idea of zoning, physical address, and ownership. This information is not official or deemed final. It is only meant to be a tool to help you get more information for your project.

Current Fees

• Area Variance Application: $100
• Conditional Use Permit: $150
• Use Variance Application: $200

If you would like the complete Zoning Ordinance, please send a check or money order, made out to “City of Oneida” for $14.00 plus $3.50 shipping and handling, to:

City of Oneida Planning Department
109 N. Main Street
Oneida, New York 13421

Additional Links

• Zoning Map 1: Outside Corporation District
• Zoning Map 2: Inside Corporation District
• The Code: Chapter 143-Site Plan Review
• Required Site Plan Submission Documents
• Subdivision Regulations

Planning Commission Zoning Board of Appeals (PCZBA) Applications

The final determination of the appropriate applications shall be the Director of Planning. A Cover Sheet is required for all separate projects that are going before the PCZBA.