Q:        What are the different types of variances granted?

A:         There are basically two different types of variances the ZBA handles.

1. Use Variance.  Each zoned area has specified types of permitted or conditional uses allowed.  If someone wants to utilize a lot for something other than what is allowed, that person would have to apply to the ZBA for a Use Variance.  Example:  Someone wants to open a car dealership in a residentially zoned area.  Car dealerships are not an allowed use in this zone, so the person would have to apply for a Use Variance.

2. Area Variance: This type of variance is defined as the authorization by the ZBA for the use of land in a manner that is not allowed by dimensional or physical requirements of the applicable zoning regulations.  Example:  A family wishes to construct a swimming pool in their back yard and they live in an R-1 zone.  The minimum lot line setback from the house is 15 feet.  The family wants to build the pool 10 feet from the property line.  They would need an Area Variance of 5 feet to construct their pool. 

Q:        How do I know I need a variance?

A:         Your first step in any new construction or business set up is a visit to the Codes Enforcement Officer to obtain a building permit.  He will be able to tell you if you need to visit the Planning Department to apply for whichever variance he deems needed to continue with your project. 

Q:        What if my variance appeal is rejected?

A:         You have to abide by the decision of the Zoning Board of Appeals.  You may re-apply with a new plan.  The ZBA will review this as a whole new project and make their decision based on the new information.  If the ZBA’s decision is not acceptable to you at all, you have 30 days from the issuance of the Notice of Action to file an Article 78 against the City. 

Q:        What is a Conditional Use Permit?

A:         The City lists certain uses that are allowed in a zoning district, but only after review and approval by the Planning Commission.  Example:  A fast food restaurant is a conditional use in a Commercial district.  It is allowed, but only after the Planning Commission has reviewed and approved the proposal.  The Planning Commission may also attach conditions to the permit, such as hours of operation or other issues pertinent to operations of the business.  

Q:        How would I know I’d need to apply for a Conditional Use Permit?

A:         The City Codes Enforcement Officer or Director of Planning would be able to tell you this when you came in to discuss your proposal. 

Q:        Are there fees attached to these various applications?

A:         Yes.  The fees are as followed:

      If you need further information, you may call the Director of Planning at 315-363-7467. 

Office hours are 8:30 a.m. to 4:30 p.m., Monday through Friday.  If you would like a

copy of the most current Zoning Ordinance, please send a check or money order, made out to “City of Oneida” for $15.00, plus $3.50 shipping and handling to:                         

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