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Zoning Board of Appeals


The City of Utica Zoning Board of Appeals is a review board established by State and local law to address appeals from the strict application of the City's Zoning Ordinance.  The textual Zoning Ordinance and associated Zoning Map establish various districts throughout the City where various uses are either permitted or prohibited.  Additionally, the Zoning Ordinance sets forth the manner by which properties are to be developed, including setbacks, height and bulk restrictions and lot coverage.  The City's master plan serves as the basis for both the various regulations included in the Zoning Ordinance and the Zoning Map.

The Zoning Board of Appeals has a number of duties and responsibilities, as provided in Section 2-29-66 of the City of Utica Zoning Ordinance. 

Those duties include: zoning interpretation, overturning interpretations made by the Commissioner of Codes Enforcement, the Director of Planning, other City administrative officials and the Zoning Board itself, approve special uses, grant variances, granting approval for building within the bed of mapped streets, extension of district boundaries, granting of temporary uses and home occupation permits.

The Zoning Board of Appeals is comprised of five (5) members that are citizens of the City of Utica. Zoning Board members are appointed by the Mayor and serve no more than two consecutive five year terms.  The current list of Zoning Board of Appeals members include:

Joseph Burke
Frank Donato
Wendy Tarver
Nedzad Smajic

The City of Utica Zoning Board meets regularly on a monthly basis.  Generally, meetings are held at 5:00 PM on the second Tuesday of every month in the Common Council chambers of City Hall.  All meetings of the Zoning Board of Appeals are open to the public and, as such, are advertised in the Observer-Dispatch.  In addition, all matters scheduled for review by the Zoning Board of Appeals are subject to additional public notice requirements.  Property owners within a 200 foot radius of any subject property are notified by mail of an owner's intent to seek a determination from the Zoning Board of Appeals.

Due to public notice requirements and the need for review of applications by other State and local agencies, there is a pre-filing deadline for all agendas.  The schedule of meeting dates and the deadline for filing applications for the remainder of the 2018 calendar year is as follows:



5:00 PM




December 15, 2017

January 9, 2018


January 26, 2018

February 13, 2018


February 23, 2018

March 13, 2018


March 23, 2018

April 10, 2018


April 20, 2018

May 8, 2018


May 25, 2018

June 12, 2018


June 22, 2018

July 10, 2018


July 27, 2018

August 14, 2018


August 24, 2018

September 11, 2018


September 21, 2018

October 9, 2018


October 26, 2018

November 13, 2018


November 21, 2018

December 11, 2018





Special Use Permit

Use Variance

Area Variance

In order to be placed on the agenda, a complete application must be submitted by the applicant.  A complete application should include, at a minimum: completed application form, plot plan, photographs, the necessary environmental review (if necessary) and any other drawings or materials which will assist the Zoning Board of Appeals in their review of each application.  Additionally, each application should include the appropriate application fee, as set forth below:

Application Type

     Fee (check or money order)



Area Variance


Use Variance


Building in mapped street


Temporary Use


Boundary Extension


Special Use


To check whether or not you proposed project is permitted without Zoning Board approval, see our searchable Zoning Code or call our offices at 315-792-0181.

Should you have any questions regarding the Zoning Board of Appeals, please contact Department of Urban & Economic Development staff at (315) 792-0181.