The Zoning Board of Appeals shall have all the
powers and duties prescribed by § 7-712 of the Village Law
of the State of New York and by this article. These powers and duties
are more particularly specified as follows:
A. Interpretation. Upon appeal from a decision by an
administrative official, to decide any question involving the interpretation
of any provision of this chapter, including determination of the exact
location of any district boundary if there is uncertainty with respect
hereto.
B. Appeals. The Zoning Board of Appeals may reverse or
affirm, wholly or partly, or may modify the order, requirement, decision,
interpretation or determination appealed from and shall make such
order, requirement, decision, interpretation or determination as in
its opinion ought to have been made in the matter by the administrative
official charged with the enforcement of such ordinance or local law
and to that end shall have all the powers of the administrative official
from whose order, requirement, decision, interpretation or determination
the appeal is taken.
C. Variances. When, in its judgment, the public safety,
convenience and welfare will be served, the Zoning Board of Appeals
may vary or modify the application of the regulations or provisions
of this chapter relating to the use, construction or alteration of
structures or use of the land. In such cases, the Zoning Board is
empowered to grant exceptions in harmony with the general purpose
and intent of this chapter. Variances will be granted in appropriate
and specific cases only after public notice and hearing and subject
to such appropriate conditions and safeguards the Zoning Board of
Appeals may impose.
(1) As used in this chapter, variances shall be grouped
under two headings: area and use, where area variances may be authorized
for deviations in height, area, size of structure, size of yards and
open spaces, and use variances may be authorized for establishment
or expansion of an approved use otherwise not allowed. A use variance
shall not be granted solely because of the presence of nonconformities
in the zoning district or uses in an adjoining zoning district.
(2) Area variances. In making its determination on granting
an area variance, the Zoning Board of Appeals shall take into consideration
the benefit to the applicant if the variance is granted, as weighed
against the detriment to the health, safety and welfare of the neighborhood
or community by such grant. In making such determination, the Board
shall also consider whether:
(a)
An undesirable change will be produced in the
character of the neighborhood or a detriment to nearby properties
will be created by the granting of the area variance;
(b)
The benefit sought by the applicant can be achieved
by some method, feasible for the applicant to pursue, other than an
area variance;
(c)
The requested area variance is substantial;
(d)
The proposed variance will have an adverse effect
or impact on the physical or environmental conditions in the neighborhood
or district; and
(e)
Whether the alleged difficulty was self-created,
which consideration shall be relevant to the decision of the Board
of Appeals, but shall not necessarily preclude the granting of the
area variance.
(3) Use variances. A use variance shall not be granted
by the Board of Appeals without a showing by the applicant that applicable
zoning regulations and restrictions have caused unnecessary hardship.
In order to prove such unnecessary hardship, the applicant shall demonstrate
to the Board of Appeals that for each and every permitted use under
the zoning regulations for the particular district where the property
is located:
(a)
The applicant cannot realize a reasonable return,
provided that lack of return is substantial, as demonstrated by competent
financial evidence;
(b)
That the alleged hardship relating to the property
in question is unique and does not apply to a substantial portion
of the district or neighborhood;
(c)
That the requested use variance, if granted,
will not alter the essential character of the neighborhood;
(d)
That the alleged hardship has not been self-created;
and
(e)
That the variance will afford the least intrusive
solution.
(4) Variance procedures.
(a)
An application for the approval of a variance
shall be made, by an owner of an interest in the lot, to the Code
Enforcement Officer on forms available therefrom, accompanied by the
necessary fees and documents as provided in this chapter and the regulations
issued hereunder.
(b)
The application shall be accompanied by a map drawn to an appropriate scale and showing all existing and proposed characteristics of the site and adjacent properties necessary for consideration of the variance request. For applications where site plan approval is also required, a preliminary site plan in accordance with Article
XIV of this chapter shall be required.
(c)
The Board of Appeals, in the granting of variances,
shall grant the minimum variance that it shall deem necessary and
adequate and at the same time preserve and protect the character of
the neighborhood and the health, safety and welfare of the community.
(d)
The Zoning Board of Appeals shall fix a reasonable
time and place for a public hearing thereon and shall provide for
the giving of notice as follows:
[1]
A notice shall be published in the official
newspaper of the Village at least five days prior to the date thereof;
the cost of such publication shall be borne by the appealing party
and shall be paid to the Board prior to the hearing of such appeal.
[2]
The Zoning Board of Appeals shall mail a copy
of such notice to all agencies, municipalities, authorities, etc.,
as prescribed in § 7-712-a, Subdivision 10, of the Village
Law and § 239-m of the General Municipal Law.
[Amended 5-28-2009 by L.L. No. 2-2009]
[3]
The Code Enforcement Office will erect a sign
giving notice of such public hearing. Said sign shall be displayed
for a period of not less than seven days immediately preceding the
public hearing or any adjournment date thereof The Code Enforcement
Officer will remove the sign from the premises within three days after
such public hearing is held.
[4]
The cost of sending or publishing any notices
relating to such appeal, or a reasonable fee relating thereto, shall
be borne by the appealing party and shall be paid to the Board prior
to the hearing of such appeal.
(e)
The Board shall approve, with or without conditions,
or disapprove the application within 62 days of the public hearing
as specified in § 7-712-a of General Village Law and shall
communicate its action, in writing, to the applicant, and to the Code
Enforcement Officer within five days of the meeting at which it decided
upon the application. When applicable, compliance shall be required
in accordance with the provisions of §§ 239-m and 239-n
of the General Municipal Law.
(f)
The Code Enforcement Officer shall, upon receipt
of the notice of approval and upon application by the applicant, collect
all required fees and issue a building permit or such other approval
permitting the variance, subject to all conditions imposed by such
approval.
The Planning Board shall have the powers and
duties as specified below.
A. Plats. The Planning Board may approve plats showing
lots, blocks or sites, with or without streets or highways, and conditionally
approve preliminary plats and pass and approve the development of
plats already filed in the office of the Clerk of the County of Livingston
if such plats are entirely or partially undeveloped.
B. Street changes. Only the Village Board of Trustees
has the power and authority to change the Village's Official Map by
approving and filing an approved subdivision plat. The Planning Board
can forward on approved subdivision plats for action, as well as recommend
the discontinuance of an existing street or a portion thereof to the
Village Board. The Village Board has the authority to determine if,
and act upon, the discontinuance of a street.
C. Site plan. The Planning Board will approve, approve with conditions or deny site plans in accordance with Article
XIV of this chapter.
D. Special use permits.
[Amended 5-28-2009 by L.L. No. 2-2009]
(1) The Planning Board will hear and decide upon application
for such permits as specified in this chapter. A permit for any special
use shall be granted only if evidence is presented which establishes
that:
(a) The proposed building or use will be in harmony with the general
purpose, goals, objectives and standards of the Village's long-term
planning goals and this chapter.
(b) The proposed building, hours of operation, use, or intensity of operation
involved will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions,
parking, utility facilities and other matters affecting the public
health, safety and general welfare.
(c) The proposed building or use will be constructed, arranged and operated
so as not to dominate the immediate vicinity or to interfere with
or devalue the development and use of neighboring property in accordance
with the applicable district regulations.
(d) The proposed building or use will be adequately served by essential
public facilities and services.
(e) The proposed building or use complies with all additional standards
imposed on it by the particular provision of this chapter authorizing
such use.
(f) All steps possible have been taken to minimize any adverse effects
of the proposed building or use on the immediate vicinity through
building design, site design, landscaping and screening.
(g) Where requested, a performance bond or other suitable financial guaranty
has been provided to assure compliance with the conditions of the
special use permit.
(h)
In the review and approval of special use permits,
the following additional factors shall be considered:
[1]
General conformance with the Village of Geneseo
Comprehensive Plan and its long-term planning goals and guidelines
for development associated with them.
[2]
Consistency with development standards and guidelines
of the zoning district in which it is located.
[3]
Criteria for the review of site plans enumerated in Article
XIV of this chapter.
(2) The special use permit shall be valid unless it is
in violation with the Village of Geneseo Nuisance Law or any conditions set forth by the Planning Board.
E. Sign permit application. The Planning Board shall either issue or deny a sign permit in accordance with Article
XI of this chapter.
Whenever the requirements of this chapter vary
from the requirements of any other lawfully adopted rules, regulations
or ordinances, the most restrictive or those imposing the higher standards
shall govern, except where the New York State Fire and Building Code
applies, those regulations shall govern.