Oneida City Zoning Code
ARTICLE VI
Administration and Enforcement
§ 190-34 Zoning permit.
A.
Permit required. No building or structure will be erected or located; no existing building expanded or added to in any way that would alter its exterior dimensions; and no use will be located, changed, introduced or expanded relative to the area occupied or involved by such use, except as such building, structure, or use may be specifically exempt, until a zoning permit has been issued by the Building Inspector/Code Enforcement Officer.
B.
Application. There shall be submitted with all applications for a zoning permit those items of information and in the number set forth in Chapter 143, Site Plan Review, and such other information as may be necessary in the judgment of the Building Inspector/Code Enforcement Officer.
C.
Notification of determination. The Building Inspector/Code Enforcement Officer shall review the application and shall issue or refuse to issue the zoning permit and/or advise the applicant of any required additional information or referral required within 10 days of receipt of the application. Notice of refusal to issue any permit shall be given to the applicant in writing stating the reasons for refusal. Approval of the application shall be indicated by issuance of the zoning permit.
D.
Duration of validity. A zoning permit issued under these regulations shall be valid for a period of one year from the date of issuance except as application may be made to the Joint Zoning Board of Appeals/Planning Commission for a one-year extension.
[Amended 11-8-2017 by L.L. No. 5-2017]
E.
Approval of a zoning permit constitutes compliance with these zoning regulations. An approved building permit may also be required before a project can be started.
§ 190-35 Certificate of compliance.
A.
Certificate required. No project or action requiring a zoning permit shall be occupied, opened, put into operation or be deemed complete and approved until a certificate of compliance is issued by the Building Inspector/Code Enforcement Officer.
B.
Application. Application for a certificate of compliance shall be made coincidental with any application for a zoning permit.
C.
Notification of project completion. Upon completion of any project or action for which a zoning permit and certificate of compliance are required, it shall be the responsibility of the applicant to immediately notify the Building Inspector/Code Enforcement Officer.
D.
Notification of determination. The Building Inspector/Code Enforcement Officer shall make or cause to have made an inspection of each project action for which a certificate of compliance is required before issuing such certificate. The certificate shall be issued only if the proposed use of the building, system, or land conforms to the provisions of these regulations and to the application on which the zoning permit was issued. Issuance of the certificate or written notification of refusal to issue the same and the reasons therefor shall be accomplished within 10 days from the date of notification of project completion.
§ 190-36 Amendment.
[Amended 11-8-2017 by L.L. No. 5-2017]
A.
The Common Council may on its own motion, on petition, or on recommendation of the Joint Zoning Board of Appeals/Planning Commission, amend these regulations.
B.
All proposed amendments originating by petition or by motion of the Common Council shall be referred to the Joint Zoning Board of Appeals/Planning Commission which shall have 30 days to submit a recommendation. Failure of the Joint Zoning Board of Appeals/Planning Commission to report within the required time shall be deemed to constitute its recommendation for approval of the proposed amendment.
C.
Before any amendment, there shall be a public notice and hearing as required by law.
D.
After the public hearing and referral to and any report by the Joint Zoning Board of Appeals/Planning Commission and County Planning Board, a majority vote of the members of the Common Council shall be required to amend these regulations, except in the case of a protest petition as provided in § 83 of the General City Law.
§ 190-37 Public hearings.
A.
Public notice of any required public hearing will be advertised in a newspaper of general circulation in the City at least five days prior to the date of such hearing and shall specify the date, time, place, and purpose of such hearing.
B.
The instrument of the City responsible for calling any public hearing may require any applicant in an action necessitating public hearing to notify, by certified mail or other acceptable means, adjoining and other specifically designated property owners and persons of legitimate interest concerning the public hearing.
C.
The hearing shall be conducted in accord with any bylaws or guidelines governing or established by the appropriate body and any guidelines established by presiding officer for consideration of the matter at hand. Any person or party of interest may appear in person or by authorized representative or counsel and shall be given an opportunity to be heard as it is relevant to the proceeding.
§ 190-38 Referrals to Madison County Planning Board.
A.
Whenever any amendment, conditional use or variance would apply to real property within a distance of 500 feet from the City boundary or within 500 feet of any county or state property or right-of-way (including highways), it shall be referred to the Madison County Planning Board, which shall have 30 days in which to report its recommendations. Failure of the County Planning Board to report within 30 days may be construed to be approval. Notification of action taken on any matter referred to the County Planning Board shall be given within seven days of such action to the County Planning Board. This section is in compliance with § 239-m of Article 12-B of the General Municipal Law.
§ 190-39 Enforcement and violation.
[Amended 3-5-1985]
A.
Enforcement. These regulations shall be enforced by the Building Inspector/Code Enforcement Officer, designated by the Common Council. The Building Inspector/Code Enforcement Officer shall establish such procedure and make such inspections as are necessary to carry out his duties in the administration and enforcement of these regulations. Further, the Building Inspector/Code Enforcement Officer shall prepare and submit a written record and report of all official actions, including permits and certificates issued and denied, to the Common Council on a monthly basis or as otherwise directed by the Council with copies transmitted to the Joint Zoning Board of Appeals/Planning Commission.
[Amended 11-8-2017 by L.L. No. 5-2017]
B.
Citizen complaint. Any resident, property owner or other person of legitimate interest may file with the Building Inspector/Code Enforcement Officer a written, signed complaint against any alleged violation of these regulations. It shall be the duty of the Building Inspector/Code Enforcement Officer to investigate such alleged violation and to report thereon to the Common Council in a timely manner, which report shall be filed and be part of the public record of the City.
C.
Notification and correction. Any building or use which does not comply with these regulations shall be so recorded by the Building Inspector/Code Enforcement Officer and a report thereof filed with the Common Council. The Building Inspector/Code Enforcement Officer shall give official written notice to this effect to the owner of record thereof. The owner shall initiate measures to correct such noncompliance within 30 days from the date of notification. If within this thirty-day period, application is not made to initiate a process for correction and if thereafter such correction is not pursued according to an agreed upon timetable and to the satisfaction of the Common Council, the Council shall instruct the City Attorney to institute proceedings to compel compliance and assess such penalties as are provided.
D.
Penalties for offenses.
(1)
Any person or persons who violate or cause to be violated any provision of these regulations shall, upon conviction for such violation, be subject to a fine not to exceed $250, imprisonment not to exceed 15 days, or both, for each such violation; and every week (seven days) that said violation continues shall constitute a separate and additional violation.
(2)
In addition to the above-provided penalty and punishment, the Common Council may also maintain an action or proceeding in the name of the City in a court of competent jurisdiction to compel compliance with, or to restrain by injunction the violation of, these regulations.
§ 190-40 Appeal and court review.
[Amended 12-19-2000 by L.L. No. 6-2000; 11-8-2017 by L.L. No. 5-2017]
A.
Appeal. All appeals for relief from the application of these regulations and request for interpretation shall be directed to the Joint Zoning Board of Appeals/Planning Commission, whose duties and procedures are contained in § 190-44.
B.
Court review. Any person or persons, jointly or severally aggrieved by any decision of the Joint Zoning Board of Appeals/Planning Commission, Common Council or any official instrument of the City in the administration of these regulations may apply to have the decision reviewed in the manner provided by Article 78 of the Civil Practice Law and Rules, provided that the proceeding is commenced within 30 days after the filing of the decision in the office of the City Clerk. Costs shall not be allowed against the City unless it appears to the court that the City or its representatives acted with gross negligence or in bad faith or with malice in making the decision appealed from.
§ 190-41 Interpretation.
In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of public health, safety, and general welfare. When this chapter imposes a greater restriction on the use of buildings or land or on the heights of buildings, or requires larger open spaces, or makes any other greater requirement than is imposed or required by any other ordinance, rule, or regulation, or by easements, covenants, or agreements, the provisions of this chapter shall govern.
§ 190-42 Repealer.
Any provisions of the Zoning Ordinance of the City of Oneida, Laws of 1924 as amended, which are in conflict with this chapter are hereby repealed. The adoption of the Zoning Ordinance of the City of Oneida of 1971, however, shall not affect any pending, or prevent any future prosecution of, or action to abate any existing violation of the ordinance of 1924, as amended, if the use is in violation of the provision of this chapter. Nothing herein shall be deemed to change the status of nonconforming uses heretofore created by virtue of the existing Zoning Ordinance, if such uses remain nonconforming under the provisions of this chapter.
§ 190-43 Fees.
[Amended 4-15-1980; 2-1-1983]
All fees for permits in conjunction with this chapter shall be established by the Common Council, as may be required from time to time.
§ 190-44 Appeals.
[Amended 5-18-1982; 6-16-1999 by Ord. No. 99-02; 12-19-2000 by L.L. No. 6-2000; 2-16-2016 by L.L. No. 1-2016; 11-8-2017 by L.L. No. 5-2017]
A Joint Zoning Board of Appeals/Planning Commission shall be designated by the Common Council to carry out the duties prescribed for such Joint Zoning Board of Appeals/Planning Commission under these regulations.
A.
Appointment, terms and removal.[1]
[1]
Editor's Note: See § 190-45, Joint Zoning Board of Appeals/Planning Commission.
B.
Powers and duties.
(1)
The Joint Zoning Board of Appeals/Planning Commission shall prescribe such rules for the conduct of its affairs as may be necessary to carry out its duties under these regulations, and all its determinations shall be made in accord therewith. In particular, the Joint Zoning Board of Appeals/Planning Commission shall conduct itself according to the following:
(a)
Meetings/required attendance. All meetings of the Joint Zoning Board of Appeals/Planning Commission shall be held at the call of the Chairperson and at such other times as a majority of the members of the full Joint Zoning Board of Appeals/Planning Commission may determine. All meetings shall be conducted in accord with the guidelines established by the Chairperson or, in his absence, the Acting Chairperson, and such Chairperson may administer oaths and compel the attendance of witnesses. All meetings of the Joint Zoning Board of Appeals/Planning Commission shall be open to the public. Each regular member of the Joint Zoning Board of Appeals/Planning Commission is required, as a condition of retention of his or her position on the Joint Zoning Board of Appeals/Planning Commission, to attend all meetings of the Joint Zoning Board of Appeals/Planning Commission, except as may be excused in advance by the City Manager for good cause.
[Amended 7-18-2023 by L.L. No. 6-2023[2]]
[2]
Editor's Note: This local law was subject to mandatory referendum and approved by the electors of the City of Oneida 11-7-2023.
(b)
Records. The Joint Zoning Board of Appeals/Planning Commission shall keep minutes of its proceedings, including its examinations, findings and official actions, and shall record the vote of each member upon every question put to vote or, if absent or failing to vote, indicating such fact. All decisions of the Joint Zoning Board of Appeals/Planning Commission shall be recorded in the minutes, which shall fully set forth the reasons for the decision of the Joint Zoning Board of Appeals/Planning Commission and the findings of fact on which the decision was based, and an appropriate record of every official determination of the Joint Zoning Board of Appeals/Planning Commission shall be on file in office of the City Clerk, together with all documents pertaining thereto.
(c)
Voting requirements. The concurring vote of three members of the Joint Zoning Board of Appeals/Planning Commission shall be required to constitute an official action by the Joint Zoning Board of Appeals/Planning Commission.
(d)
Appeals and applications. An appeal for an interpretation or variance may be made only after a determination and notification of action taken by the Building Inspector/Code Enforcement Officer or other body of original jurisdiction. All applications must have the signature of the owner of the subject property.
(2)
The Joint Zoning Board of Appeals/Planning Commission shall have all the powers and duties prescribed by law and by these regulations and may reverse or affirm wholly or partly, or may modify, the order, requirement, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made and to that end shall have all the powers of the officer or body from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Joint Zoning Board of Appeals/Planning Commission shall have the power in passing upon appeals to vary or modify the application of any of the regulations or provisions of these regulations relating to the use, construction or alteration of buildings or structures, or the use of land, so that the spirit of the regulations shall be observed, public health, safety, and welfare secured and substantial justice done. In particular, the powers of the Joint Zoning Board of Appeals/Planning Commission are as follows:
(a)
Interpretation. To decide any question involving the interpretation of any provision of these regulations, including determination of the exact location of any zoning district boundary or any other determination made in the administration or application of these regulations. Such interpretation shall be considered and rendered by the Joint Zoning Board of Appeals/Planning Commission only upon application or appeal following and based upon a determination made by the Building Inspector/Code Enforcement Officer or other body to whom original jurisdiction has been assigned under the regulations, except as such may be requested by an official instrument of the City.
(b)
Variance. To grant use variances and area variances in accordance with the provisions of § 81-b of the General City Law.
C.
Procedure.
(1)
Application. All applications made to the Joint Zoning Board of Appeals/Planning Commission shall be in writing, in the form prescribed by the Joint Zoning Board of Appeals/Planning Commission. Every application shall refer to the specific provisions of the regulations involved and shall exactly set forth the interpretation that is claimed, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be. Such appeal shall be taken within 60 days of the date of notification of the determination which is being appealed by filing with the Joint Zoning Board of Appeals/Planning Commission a notice of application or appeal specifying the grounds thereof. Upon such application, the Building Inspector/Code Enforcement Officer shall transmit to the Joint Zoning Board of Appeals/Planning Commission all of the papers constituting the record upon which the action appealed from was taken.
(2)
Stay. An appeal stays all proceedings in furtherance of the action appealed from unless the Building Inspector/Code Enforcement Officer from whom the appeal is taken certifies to the Joint Zoning Board of Appeals/Planning Commission, after the notice of appeal shall have been filed with him, that, by reason of acts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Joint Zoning Board of Appeals/Planning Commission or by a court of record on application, on notice to the Building Inspector/Code Enforcement Officer from whom the appeal is taken, and on due cause shown.
(3)
Notification and public hearing. The Joint Zoning Board of Appeals/Planning Commission shall fix a reasonable time for any public hearing in connection with an application and shall give public notice thereof by publication in the official paper of a notice of such public hearing at least five days prior to the date thereof; and shall, at least five days before such public hearing, mail notice thereof to the applicant.
(4)
(Reserved)
(5)
Decision and notification. Within 62 days from the date of final closing of any public hearing, the Joint Zoning Board of Appeals/Planning Commission shall render a determination with respect to the application, and the applicant or his authorized representative so notified in writing within five days of the date of determination. When specifically requested by the applicant, such notification shall be by certified mail. Every decision of the Joint Zoning Board of Appeals/Planning Commission shall be by resolution and in accord with the requirements of Subsection A of this section with respect to the keeping of records and voting requirements. The Joint Zoning Board of Appeals/Planning Commission shall notify the Building Inspector/Code Enforcement Officer and City Clerk of the action taken on any application.
§ 190-45 Joint Zoning Board of Appeals/Planning Commission.
[Added 11-8-2017 by L.L. No. 5-2017]
A.
Administrative/general provisions.
[Amended 7-18-2023 by L.L. No. 6-2023[1]; 7-2-2024 by L.L. No. 3-2024]
(1)
Establishment of Joint Board. The City of Oneida Joint Zoning Board of Appeals/Planning Commission is hereby established in order that the objectives and competent administration of this chapter and Chapters 143 and 155 of the Code of the City of Oneida may be fully and equitably achieved.
(2)
Appointment of members. The Mayor shall appoint seven members to the Joint Zoning Board of Appeals/Planning Commission. The initial appointments to the Joint Board shall be such that the term of one member shall expire each consecutive year. Thereafter, members of the Joint Board shall be appointed by the Mayor, with each appointment subject to the majority affirmative vote of the total voting power of the City of Oneida Common Council, for a term of seven years from and after the expiration of each initial term of office.
(3)
Chairperson. The Mayor shall annually appoint one of the members of the Joint Zoning Board of Appeals/Planning Commission to act as Chairperson to preside at all meetings and hearings, to supervise the affairs of the Joint Board and to fulfill the customary functions of that office.
(4)
Secretary. A secretary of the Joint Zoning Board of Appeals/Planning Commission shall be designated by the Mayor on an annual basis. The secretary shall keep minutes of all of the Joint Board's proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact and shall also keep records of all of the Joint Board's official actions.
[1]
Editor's Note: This local law was subject to mandatory referendum and approved by the electors of the City of Oneida 11-7-2023.
B.
Powers and duties.
(1)
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.
C.
Conflict with this chapter.
(1)
To the extent any parts of this chapter or any other chapter of the Code of the City of Oneida are inconsistent with or conflict with any of the provisions of this section, the terms of this section shall control.
(2)
Wherever the terms "Zoning Board of Appeals," "Zoning Board," "Planning Commission" or "Planning Board," other than references to the Madison County Planning Board, appear in the Code of the City of Oneida or the Oneida City Charter, said terms shall hereafter mean and refer to the Joint Zoning Board of Appeals/Planning Commission.