City of Oneida, NY Article III Administration

§ 143-8 Joint Zoning Board of Appeals/Planning Commission.

[Amended 11-8-2017 by L.L. No. 5-2017]

A. The Joint Zoning Board of Appeals/Planning Commission of the City of Oneida is vested with the authority to review, approve or disapprove applications for the site development of land.

B. The Director of Planning shall be given the responsibility for ensuring orderly and expeditious processing of site plan applications.

§ 143-9 Jurisdiction.

A. Approval of site plans by resolution of the Joint Zoning Board of Appeals/Planning Commission is hereby required as a condition for the issuance of a zoning permit and/or building permit for the development of any new uses, the construction of any new structures, any changes of an existing use of land or site and all other building or development activities in A, R-2, R-3, B, C-S, D-C, C, M-I, L-I, R-P and MDP Zoning Districts (Chapter 109, Zoning).

[Amended 12-19-2000 by Ord. No. 6-2000; 5-5-2009 by Ord. No. 09-03; 11-8-2017 by L.L. No. 5-2017]

B. Site plan review, as provided for in this chapter, any other provisions notwithstanding, shall apply to:

(1) New construction, excluding single- and two-family residences.

(2) All additions to existing structures (with the exception of single- and two-family homes), which will result in an increase of existing floor area, including multiple floors, if such exist, in excess of 10% or 1,000 square feet, whichever is the lesser.

(3) Any development, except single- and two-family residential, for which off-street parking areas are provided, as required by this chapter.

(4) Development of any nonsingle or two-family use or building in any residential district.

(5) Development of any nonresidential use or building.

(6) The erection, relocation, conversion or structural alteration to any nonsingle or two-family building, structure or site which results in additional floor space.

(7) Any development which would establish more than one principal use on a single lot; (example: a single-family site condominium or similar project where a single parcel is to be developed with more than one detached dwelling unit);

(8) Any change in the use of land or building to a different class or type to a more intensive use, which may involve significant changes to features, such as building appearance, parking needs, traffic flow and/or volumes, noise, drainage, hours of operation, buffering/landscape needs, effluent discharge and other similar impacts.

(9) Cellular phone towers.

[Added 12-19-2000 by L.L. No. 6-2000]

(10) Essential public service buildings and storage areas.

[Added 12-19-2000 by L.L. No. 6-2000]

(11) The development of large-scale solar energy systems.

[Added 2-2-2021 by L.L. No. 2-2021]

(12) The development of wind energy conversion systems (WECS).

[Added 12-6-2022 by L.L. No. 10-2022]

§ 143-10 Waiver and exception.

A. Waiver of site plan application. The Joint Zoning Board of Appeals/Planning Commission may waive the requirement for site plan approval where there is a change in use or occupancy and no extensive construction or improvements (or de minimis construction or improvements) is sought, and when there is already on file an approved site plan for the subject property. The waiver may be granted only upon a resolution by the Joint Zoning Board of Appeals/Planning Commission finding that the use will not affect existing drainage, circulation, relationship of buildings to each other, landscaping, buffering, lighting, and other considerations of site plan approval, and that the existing facilities do not require upgraded or additional site improvements. The application for a waiver of site plan shall include a discussion of the prior use of the site, the proposed use, and its impact.

[Amended 11-8-2017 by L.L. No. 5-2017]

B. Exception of specific subdivision and site plan requirements.

(1) The Joint Zoning Board of Appeals/Planning Commission, when acting upon applications for site plan approval, shall have the power to grant such exceptions from the requirements for site plan approval as may be reasonable and within the general purpose and intent of the provisions for site plan review and approval of this chapter, if the literal enforcement of one or more provisions of the chapter is impracticable or will exact undue hardship because of peculiar conditions pertaining to the land in question.

[Amended 11-8-2017 by L.L. No. 5-2017]

(2) Site plan review will not be required for the following:

(a) Construction or erection of permitted single- or two-family homes and additions to such, as well as structures, accessory to single- or two-family residences.

(b) Construction or erection of permitted accessory buildings and structures less than 100 square feet in an area accessory to a multiple-family, commercial, office, essential service, municipal or industrial use.

(c) Grading, excavation, filling, soil removal, creation of ponds or clearing of trees within an area of up to 500 square feet, provided that such activity is normally and customarily incidental to single-family uses on the site.

(d) Permitted family foster care homes, family day-care homes and adult day-care homes in single-family zoning districts.

(e) Home businesses or occupations.

(f) Temporary uses, sales and seasonal events.

(g) Improvements to outdoor recreational uses and parks.

(h) Expansion, replanting or alterations of landscaping areas, consistent with the other requirements of this chapter.

(i) Any interior work or improvements.

(j) Improvements or installations of walls, fences, lighting or curbing, consistent with the other requirements of this chapter.

(k) Alterations to the off-street parking layout or installation of pavement or curbing improvements, of an approved project, provided that the total number of parking spaces remain constant.

(l) An existing building and site that are to be reoccupied by a former use which is currently permitted in the subject zoning district and that the new use will not require any significant changes in the existing site facilities, such as parking, lighting or curbing, consistent with the other requirements of this chapter.

[Amended 5-5-2009 by Ord. No. 09-03]

(m) An increase in the floor area on the subject site by up to 1,000 square feet or 10% of the existing floor area, whichever is less, with no required increase in parking area.

(n) Construction or erection of permitted accessory buildings and structures less than 300 square feet for use as animal shelters in an agricultural zone.

[Added 5-5-2009 by Ord. No. 09-03]

(o) Solar collector systems for residential use that utilize the New York State unified solar permit.

[Added 2-2-2021 by L.L. No. 2-2021]