Greetings Neighbors,
Please take notice that the City of Utica Zoning Board of Appeals will hold a Public Hearing on Tuesday, SEPTEMBER 16, 2025 at 5:00 pm in the Common Council Chambers of Utica City Hall.
According to Section 2-29-77 of the City of Utica Zoning Ordinance, with respect to an application for a variance, the clerk of the board shall send written notice to all owners of property within 200 feet of the exterior boundaries of the subject property.
This letter shall serve as written notice of stated ordinance.
If you have any questions or concerns, contact Patti DeCarr at (315) 792-0181 or pdecarr@cityofutica.com.
ZONING BOARD OF APPEALS AGENDA
COMMON COUNCIL CHAMBERS – CITY HALL
SEPTEMBER 16, 2025 5:00 PM
ZBA Case No.: 19-25 Zone: CBD
Address: 100 Whitesboro Street Area Variance
CTM #: 318.8-1-51 Use Variance
Applicant: Terence Green (Rick)
Owner: Venus Of Malta Inc
Pursuant to Section 2-29-32(d)(1) and (2) of the Zoning Ordinance of the City of Utica, the applicant is seeking approval of an area variance and a use variance in order to construct a billboard at the above referenced property.
The applicant is proposing to construct a 14’ x 48’ (672 sf) double sided digital billboard (1,344 sf) on the roof of the above referenced four-story property.
Billboards are not a permitted use in a Central Business zoning district, therefore, the applicant will be required to receive a use variance for this location. The applicant will also be required to receive a use variance for the proposed location on the rooftop of the building.
The applicant will be required to receive an area variance for the proposed size of 1,344 sf where 400 sf is the maximum size permitted. An additional area variance will be required for the increase in the height from ground level which exceeds 30 feet.
In accordance with Section 2-29-136 of the Zoning Ordinance of the City of Utica, the following are the requirements for a newly constructed billboard:
- Billboard signs shall be allowed only in the I and IMU Zoning Districts.
- No billboard sign shall be permitted within 300 feet of any use in the residential category as listed in the use table or within 750 feet of any use in the municipal/civic category as listed in the use table.
- There must be a minimum of 1,000 feet between billboards on primary roads and a minimum of 500 feet between billboards on secondary roads and state-controlled access highways, and this distance shall be measured in all directions.
- No billboard shall exceed 30 feet in height from ground level or 400 square feet in sign area.
- No billboard shall be painted upon the surface area of any building.
- No billboard shall be erected on the top of any building.
- All billboard signs shall conform to the dimensional requirements of the applicable zoning district.
- The name of the person(s) erecting and maintaining such sign shall be plainly marked on such sign in a manner prescribed by the Department of Codes Enforcement.
This application will require review and approval of a Certificate of Appropriateness by the City of Utica’s Scenic and Historic Preservation Commission.
ZBA Case No.: 20-25 Zone: RM
Address: 700 Herkimer Road Area Variance
Applicant: Nicholas Velardi
Owner: Nicholas Velardi
Pursuant to Section 2-29-32(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking approval of an area variance in order to legitimize the installation of fencing at the above referenced property.
The applicant has installed a 6’ high wood solid fence to enclose the rear yard. The fence begins at the edge of the chimney on the Candlewyck Lane side of the house, extends in the side yard to the rear yard. The fence will line the perimeter of the rear yard.
In accordance with Section 2-29-185 (c)(2) of the Zoning Ordinance of the City of Utica, all fences measuring more than three feet high are prohibited in the front yard of both inside and corner lots, therefore, the applicant will be required to receive an area variance for the height of the proposed fence along Candlewyck Lane.
In accordance with Section 2-29-185 of the Zoning Ordinance of the City of Utica, all fences shall be installed with the posts and rails of the structure exposed to the interior of the area being fenced. The applicant is proposing to install the fence portion closest to the neighbor on Herkimer Road with the posts and rails on the outside of the fence rather than the interior as required. The applicant is seeking an area variance for this construction because the neighbor currently has a fence on their property which created a problem installing the fence as required without losing square footage of the yard.
ZBA Case No.: 21-25 Zone: CBD
Address: 221 Oriskany Street E. Area Variance
Applicant: Ray Risucci
Owner: The Mohawk Observer, LLC
Pursuant to Section 2-29-32(d)(1) of the Zoning Ordinance of the City of Utica, the applicant is seeking an area variance in order to install signage at the above referenced property.
The applicant is proposing to install a 30” x 31’ (77.5 sf) channel letter sign on the west side of the building. The sign will read “PUFF THEORY CANNABIS.” The sign will be located approximately 20’ above grade on the side wall of the building.
In accordance with Section 2-29-134 of the Zoning Ordinance of the City of Utica, the maximum total wall signage in a Central Business District permitted is 60 sf. The applicant is required to receive an area variance for the increase in square footage permitted.
