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.
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.
[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.
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.
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.
[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.
[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.
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.
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.
[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.
[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.
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 Mayor for good
cause.
(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.
[Added 11-8-2017 by L.L.
No. 5-2017]
A.
Administrative/general provisions.
(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 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.
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.
