A.
A Zoning Board of Appeals, pursuant to New York State
Village Law § 7-712 is hereby created by the Village Board
of the Village of Geneseo.
B.
Appointment of members. The Zoning Board of Appeals
shall consist of five members and up to two alternates. The Mayor
shall designate the chairperson thereof. In the absence of a chairperson,
the Board of Appeals may designate a member to serve as acting chairperson.
In the absence of a member, the chairperson may designate an alternate
to serve as an acting member. Upon the filling of two alternate positions,
the chair may fill absences/recusals alternately between the appointment
of Alternate 1 and Alternate 2. If the chair has designated an alternate
to serve as an acting member in place of an absent member, the chair
shall, upon the late member's arrival, consider the nature and amount
of discussion already invested in the current agenda item. If substantive
discussion of that agenda item has occurred prior to the late member's
arrival, the chair may determine that the alternate continue serving
as acting member for the duration of that agenda item.
[Amended 12-17-2018 by L.L. No. 5-2018]
C.
Appropriation for Zoning Board of Appeals. The Village
Board is hereby authorized and empowered to make such appropriation
as it may see fit for the Zoning Board of Appeals' expenses. Such
charges and expenses less fees, if any collected, shall be a charge
upon the taxable property and shall be assessed, levied and collected.
The Zoning Board of Appeals shall have the power and authority to
employ additional experts and to pay for their services, and to provide
for such other expenses as may be necessary and proper, not exceeding
in all the appropriation that may be made therefor by the Village
Board for such Zoning Board of Appeals.
[Amended 5-28-2009 by L.L. No. 2-2009]
D.
Village Board members ineligible. No person who is
a member of the Village Board shall be eligible for membership on
the Board of Appeals.
E.
The five members of the Zoning Board of Appeals shall
serve staggered five-year terms, with one term expiring at the end
of each Village administrative year. Members to fill full terms shall
be appointed by the Mayor subject to approval of the Village Board
of Trustees.
[Amended 5-28-2009 by L.L. No. 2-2009]
F.
Vacancy in office. If a vacancy shall occur otherwise
than by expiration of term, the Mayor shall appoint the new member
for the unexpired term.
G.
Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Zoning Board of Appeals for cause. Any Zoning Board of Appeals member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board by local law or ordinance and as set forth in § 130-16 of this chapter.
H.
Chairperson duties. All meetings of the Board of Appeals
shall be held at the call of the chairperson and at such other times
as such Board may determine. Such chairperson, or in his or her absence,
the acting chairperson, may administer oaths and compel the attendance
of witnesses.
A.
Training. Each Board member is required to complete
four hours of training per calendar year. At the discretion of the
remaining members or the Mayor, failure to comply with this requirement
may be grounds for recommending removal from the Board.
B.
Attendance. Each Board member shall be required to
attend 75% of the scheduled meetings in each calendar year. At the
discretion of the Mayor, failure to attend the required number of
meetings may be grounds for removal from the Board. In addition, failure
to attend three consecutive meetings may be grounds for removal from
the Board.
C.
Compensation. The Village Board may, as part of the
annual budget, provide for the compensation of Zoning Board of Appeals
members and alternates. If compensation is provided for, it shall
be on a per-meeting-attended basis. In addition, the Village shall
provide reimbursement for all approved training and out-of-pocket
expenses associated therewith.
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.
A.
A Planning Board, pursuant to General Village Law
§ 7-718, is hereby created by the Village Board of the Village
of Geneseo.
B.
Authorization. The Planning Board shall consist of
five members and up to two alternates. The Mayor shall appoint the
members of such Board and designate the chairperson thereof. In the
absence of a chairperson, the Planning Board may designate a member
to serve as chairperson. In the absence of a member, the chairperson
may designate an alternate to serve as an acting member. Upon the
filling of two alternate positions, the chair may fill absences/recusals
alternately between the appointment of Alternate 1 and Alternate 2.
If the chair has designated an alternate to serve as an acting member
in place of an absent member, the chair shall, upon the late member's
arrival, consider the nature and amount of discussion already invested
in the current agenda item. If substantive discussion of that agenda
item has occurred prior to the late member's arrival, the chair may
determine that the alternate continue serving as acting member for
the duration of that agenda item.
[Amended 12-17-2018 by L.L. No. 5-2018]
C.
Appropriation for Planning Board. The Village Board
is hereby authorized and empowered to make such appropriation as it
may see fit for Planning Board expenses. Such charges and expenses
less fees, if any collected, shall be a charge upon the taxable property
and shall be assessed, levied and collected. The Planning Board shall
have the power and authority to employ additional experts and to pay
for their services, and to provide for such other expenses as may
be necessary and proper, not exceeding in all the appropriation that
may be made therefor by the Village Board for such Planning Board.
[Amended 5-28-2009 by L.L. No. 2-2009]
D.
Village Board members ineligible. No person who is
a member of the Village Board shall be eligible for membership on
such Planning Board.
E.
The five members of the Planning Board shall serve staggered five-year
terms, with one term expiring at the end of each Village administrative
year. Members to fill full terms shall be appointed by the Mayor subject
to approval of the Village Board of Trustees.
[Amended 5-28-2009 by L.L. No. 2-2009; 2-26-2018 by L.L. No. 2-2018]
F.
Vacancy in office. If a vacancy shall occur other
than by expiration of term, the Mayor shall appoint the new member
for the unexpired term.
G.
Removal of members. The Mayor shall have the power to remove, after public hearing, any member of the Planning Board for cause. Any Planning Board member may be removed for noncompliance with minimum requirements relating to meeting attendance and training as established by the Village Board by local law or ordinance and as set forth in section § 130-19 of this article.
H.
Chairperson duties. All meetings of the Planning Board
shall be held at the call of the chairperson and at such other times
as such Board may determine. Such chairperson or, in his or her absence,
the acting chairperson, may administer oaths and compel the attendance
of witnesses.
A.
Training. Each Board member is required to complete
four hours of training per calendar year. At the discretion of the
Mayor, failure to comply with this requirement may be grounds for
recommending removal from the Board.
B.
Attendance. Each Board member shall be required to
attend 75% of the scheduled meetings in each calendar year. At the
discretion of the Mayor, failure to attend the required number of
meetings without good cause may result in removal from the Board.
In addition, failure to attend three consecutive meetings without
good cause may be grounds for removal from the Board.
C.
Compensation. The Village Board may, as part of the
annual budget, provide for the compensation of Planning Board members
and alternates. If compensation is provided for, it shall be on a
per-meeting-attended basis. In addition, the Village shall provide
reimbursement for all approved training and out-of-pocket expenses
associated therewith.
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:
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.
A.
The regulations, restrictions, uses and boundaries
provided in this chapter and the Official Map may be amended, supplemented,
changed, modified or repealed in accordance with the provisions of
§§ 7-724 and 7-708 of New York State Village Law for
all property in the Village of Geneseo and all other applicable laws
of the State of New York and in accordance with the following procedures.
B.
Whenever any person, firm or corporation desires that
any amendments or changes be made in this chapter, including the text
and/or the Zoning District Map as to any property in Geneseo, there
shall be presented to the Village Board a petition requesting such
change or amendment. The petition shall clearly describe the property
and its boundaries and shall indicate the existing zoning district
and the requested zoning district. The petition shall also show existing
highways, municipal boundary lines and state parks, names and addresses
of all property owners bordering the proposed change. A filing fee
pursuant to regulations adopted by the Village Board shall be paid
at the time of filing the petition.
C.
All such amendments shall be referred to the Planning
Board for review and recommendation.
