[Amended 3-7-1990 by Ord. No. 90-4]
A.
There shall be a Board of Zoning Appeals consisting of seven members
who shall be appointed by the City Council for a term of three years.
Any vacancy shall be filled by the City Council for the unexpired
portion of the term. The Board shall serve without compensation.
[Amended 6-5-1995 by L.L.
No. 3-1995]
B.
The Board shall have power and duties pursuant to
the provisions of the General City Law and prescribed statutes. The
Board shall determine its own rules and procedures and may adopt and
promulgate bylaws and forms as it deems necessary for the proper execution
of its duties and to secure the intent of this chapter. Such rules,
procedures, bylaws and forms shall not conflict with, nor have the
effect of waiving, any provisions of this chapter or any other ordinance
or local law of the City.
C.
Public notice of applications.
[Added 9-4-1996 by Ord. No. 96-8; amended 6-19-2002 by Ord. No.
7-2002]
(1)
In addition to such public notice of variance and
other applications to be heard by the Board as is required by the
General City Law to be published in a newspaper of general circulation
in the City, public notice shall also be given by mail to the last
known owners of the neighboring properties as follows:
[Amended 9-15-1998 by Ord. No. 98-13]
Special uses are those uses that have some particular
impact or unique characteristics which require a case-by-case review
of their location, design, configuration and impacts on the surrounding
area to determine, against the following standards, the desirability
of permitting their establishment on a particular site.
A.
Application and review. If a use is only permitted by special use permit, the applicant shall make a written application for review and approval to the Planning Board, except that the review of internally illuminated signs shall continue to be the responsibility of the Zoning Board of Appeals as specified in § 350-30. The application shall include a written description of the proposed use, a written statement specifically addressing each of the standards established in Subsection B below, and a site plan drawn to scale and of sufficient detail, as appropriate, to allow a thorough evaluation of the proposed use. A public hearing shall be held after public notice has been given, at which the applicant shall appear and answer such questions as the Board and/or the public may have.
B.
General standards. The Board may approve a special
use permit only if the proposed use:
(1)
Is listed as a special permitted use in the appropriate
zoning district and will be consistent with the purposes and intents
of the Master Plan and the stated purpose of the applicable zoning
district.
(2)
Will conform to the standards and conditions specified
in this chapter for that use.
(3)
Will obtain from state or other authorities all other
necessary permits and approvals.
(4)
Will not have an adverse effect on adjacent properties
or compromise the character and enjoyment of nearby properties by
means of traffic conditions, parking, utility facilities or other
matters affecting the public health, safety, welfare or convenience.
(5)
Will not by operating be more objectionable to nearby
properties by reason of noise, fumes, vibration, illumination, outdoor
storage, or disposal of waste material than the operation of any permitted
use not requiring such a special use permit.
(6)
Will be served adequately by essential services such
as streets and highways, off-street and on-street parking, police
and fire protection, stormwater drainage, refuse disposal, water and
sewer service, and schools.
(7)
Will provide sufficient landscaping and/or other forms
of buffering to protect surrounding land uses.
(8)
Will obtain a building permit and a certificate of
occupancy within a reasonable period of time as specified by the Board.
Any special use permit granted which is not exercised within one year
shall expire without further hearing by the Board.
(9)
Complies with any additional requirements imposed
by this chapter or as may be deemed necessary by the Board to ensure
that the proposed use is to be conducted in a manner compatible with
the surrounding neighborhood and will not constitute a threat to the
public health, safety, welfare or convenience.
C.
Specific standards. In addition to those general standards
listed above, the following specific standards shall apply to the
following specific uses:
(1)
Light industry/light assembly uses, including research
and development, and warehousing, without distribution, within the
B2 District:
(a)
The applicant shall supply sufficient information
as part of the written application to verify quantities of truck traffic
to and from the site; number of employee and company vehicles to be
on site; specific nature of any noise, vibration, dust and/or smoke
perceptible from beyond the property line; quantity and nature of
any hazardous or toxic chemicals or substances to be kept or used
on site; quantity, nature and location of any exterior lighting and/or
signage; and daily hours of operation.
(b)
The size and nature of the proposed use shall
not be substantially inconsistent with the character of the surrounding
neighborhood and/or jeopardize the continued use of the surrounding
neighborhood for previously existing uses.
(2)
Motor vehicle salesrooms and repair garages, and motor
vehicle service stations, in the B1 and B2 Districts:
(b)
Such uses shall be permitted only on lots of
10,000 square feet or more, with 100 feet minimum street frontage.
(c)
The area for use by motor vehicles, except access
drives thereto, as well as any structures, principal or accessory,
shall not encroach on any setback required.
(d)
No fuel pump shall be located closer than 20
feet to any side lot line, or closer than 35 feet to any front lot
line, measured from the outside edge of the fuel island.
(e)
All repair work and overnight storage of vehicles
shall be within the permitted area subject to any buffering requirements
of the Geneva Planning Board.
[Amended 6-19-2002 by Ord. No. 7-2002]
Upon the filing of a notice of appeal, a fee
shall be paid to the enforcement officer to defray the expenses of
advertising the public hearing and other expenses incidental thereto.
Such fee shall be in addition to the regular fee for a building permit.
The amount of said fee shall be $50 for applications for area variances
related to a single-family residence. The amount of said fee shall
be $150 for all other applications to the Zoning Board of Appeals.
