A. 
Purpose. This article provides additional regulations for uses that are generally considered to have a higher potential for incompatibility with residential or low-impact commercial uses without proper mitigation measures. The purpose of the regulations contained herein is to promote the health, safety, and general welfare of the public, while also protecting property values and the character of the immediate neighborhood and greater Geneva community.
B. 
Intent. These regulations are intended to mitigate the potentially undesirable impacts of certain uses, which by reason of nature or manner of operation, are or may become hazardous, obnoxious, or offensive owing to excessive and undue increases in the production and presence of odors, dust, smoke, fumes, noise, vibrations, refuse matter, vehicular traffic, or human activity.
A. 
The following requirements are applicable to all uses, permitted (P) and specially permitted (SP), as noted in the use tables of Article III, Article IV, Article V, and Article VI of this chapter.
B. 
Specially permitted uses must obtain a special use permit and development plan review in accordance with Article XIII and Article XIV.
C. 
Permitted uses do not require a special use permit. However, uses permitted as-of-right must obtain development plan review approval in accordance with Part 4, Article XIII, and conform to the additional use requirements of this article, where applicable.
D. 
Should the additional use regulations of this article conflict with other requirements of this chapter, the regulations contained herein shall take precedence.
A. 
Purpose. The purpose of regulating accessory dwelling units is to:
(1) 
Create new housing units while respecting the design and scale of low-density residential neighborhoods;
(2) 
Increase the housing stock of existing neighborhoods in a manner that is less intense than multifamily dwelling alternatives;
(3) 
Provide a broader range of affordable housing options that respond to changing family and household needs; and
(4) 
Offer a means for residents to remain in their homes and neighborhoods while also obtaining extra income, security, companionship, and/or services.
B. 
General requirements.
(1) 
An accessory dwelling unit (ADU) may be allowable as an accessory use to a single-family dwelling. There shall be no more than one ADU per primary use.
(2) 
No ADU shall be permitted on a nonconforming lot or within a nonconforming principal or accessory structure.
(3) 
ADUs may be allowed within the principal structure under the following conditions:
(a) 
The principal structure is at least 2,000 square feet in habitable floor area.
(b) 
The ADU entrance is located on the side or rear facade of the principal structure.
(4) 
ADUs may be allowed in a detached garage or other accessory structure under the following conditions:
(a) 
The garage or accessory structure is located in the rear yard and is at least 500 square feet in habitable floor area.
(b) 
The ADU is maintained as an accessory use and under no circumstances may be subdivided from the lot containing the principal use.
(5) 
An ADU shall be a complete, separate housekeeping unit containing both a legal kitchen and bath and must meet NYS Uniform Building and Fire Prevention Code requirements. No ADU shall include more than two bedrooms.
(6) 
No ADU shall be permitted if an existing approved driveway cannot accommodate at least one off-street parking space, in addition to the parking spaces required for the primary use.
(7) 
The construction, modification, addition, or demolition of an ADU shall not discernibly alter the single-family residential character of the lot or structure located thereon.
(8) 
ADUs may be subject to an annual inspection by the CEO to ensure compliance with the requirements of this chapter and all other local, regional, or state laws, rules, and regulations.
C. 
Owner-occupancy requirements.
(1) 
At least one of the dwelling units is required to be occupied by the property owner and maintained as their primary residence.
(2) 
The property owner shall sign an affidavit before a notary public affirming that the property is their primary residence. Such affidavit shall be submitted to the CEO. Upon sale of the property, a new owner shall be required to sign and submit a new affidavit within 30 days of the close of sale.
(3) 
The individual sale of any ADU apart from the principal use is strictly prohibited.
Accessory uses and structures are allowed in any zoning district in connection with any principal use lawfully existing within such district as noted in Article III, Article IV, Article V, and Article VI of this chapter. All accessory uses and structures shall conform to the following requirements.
A. 
General requirements. Accessory uses and structures shall:
(1) 
Be subject to the issuance of a certificate of appropriateness from the Historic Districts and Structures Commission when located within the Historic Overlay District.
(2) 
Be clearly incidental and subordinate to the primary structure or use by height, area, extent, and purpose;
(3) 
Not be located in any required front yard area, unless otherwise permitted in this chapter;
(4) 
Be in conformance with the dimensional and bulk requirements of the zoning district in which they are located. No accessory use or structure shall cause the rate of lot coverage to exceed the maximum rate permitted;
(5) 
Be finished with materials and/or siding that is consistent and compatible with the existing character of the primary structure and surrounding neighborhood;
(6) 
Maintain a separation of at least 10 feet from the primary building, when established as a detached accessory structure; and
(7) 
Not obstruct, block, or force the enclosure of any structural opening (windows, doors, etc.), open porch, deck, or terrace, or required vehicular or pedestrian accessway.
B. 
Residential accessory uses and structures. The following shall be considered permissible residential accessory uses or structures for the purposes of this chapter.
(1) 
Decks, patios, terraces, or seating areas.
(2) 
Residential garages or carports.
(3) 
Enclosed storage structures, such as sheds.
(4) 
Fences, hedges, and walls in accordance with § 350-7.10.
(5) 
Swimming pools in accordance with § 350-7.19.
(6) 
Short-term rental operations in accordance with § 350-7.18.
(7) 
Playgrounds or playhouses.
(8) 
Noncommercial nurseries, gardens, or greenhouses.
(9) 
Fire escapes or other such structures intended to maintain the health, safety, and welfare of residents within a dwelling and the general public.
(10) 
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(11) 
Dish or radio antennas no more than one meter in diameter and intended for noncommercial use. Such antennas shall not extend more than 30 inches above the roofline or exceed the maximum building height of the district, whichever is less.
(12) 
Personal generators, air-conditioning units, and other small-scale mechanical equipment for noncommercial use, provided such equipment is located, screened, and operated in accordance with the requirements of this chapter.
(13) 
Solar energy systems, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements. Solar energy systems may be located in the side or rear yard with special use permit approval;
(14) 
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(15) 
Off-street parking areas and driveways, including electric vehicle charging stations, provided all applicable parking requirements of this chapter are met.
(16) 
Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.
C. 
Nonresidential accessory uses and structures. The following shall be considered permissible nonresidential accessory uses or structures for the purposes of this chapter.
(1) 
Decks, patios, terraces, or seating areas otherwise not programmed for public use as part of the primary operation.
(2) 
Garages or carports.
(3) 
Enclosed storage structures, such as sheds.
(4) 
Fences and walls in accordance with § 350-7.10.
(5) 
Playgrounds or playhouses.
(6) 
Nurseries, gardens, or greenhouses.
(7) 
Fire escapes or other such structures intended to maintain the health, safety, and welfare of employees, patrons, and the general public.
(8) 
Ramps, lifts, or other such structures intended to provide an increased level of accessibility to the structure or use.
(9) 
Dish or radio antennas no more than two meters in diameter when screened from public view and adjacent residential property. Such antennas shall not extend more than five feet above the roofline or exceed the maximum building height of the district, whichever is less.
(10) 
Generators, HVAC systems, and other mechanical equipment, provided such equipment is located, screened, and operated in accordance with the requirements of this chapter.
(11) 
Solar energy systems, provided they are located on the roof of the structure and do not cause the structure to exceed maximum building height requirements. Solar energy systems may be located in the side or rear yard with special use permit approval;
(12) 
Green infrastructure installations, such as rain barrels, rain gardens, or bioswales.
(13) 
Walk-up service windows facing any public right-of-way when accessory to a permitted retail sales and service use. Pedestrian safety, access, and connectivity shall be addressed through development plan review;
(14) 
Off-street parking and loading areas, including electric vehicle charging stations, provided all applicable parking and loading requirements of this chapter are met.
(15) 
Other uses and structures which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent to those already listed.
A. 
Purpose and intent.
(1) 
The regulation of adult use establishments, as hereinafter defined, is found to be necessary in light of the operational characteristics of such uses which, without the enactment and enforcement of appropriate regulations, would have documented adverse, detrimental and harmful impacts and effects within the City of Geneva, and particularly on residential neighborhoods and community business areas. Such impacts and effects include but are not limited to decreased property values; creation of traffic and/or parking problems due to the attraction of transients; potential increases in criminal activities; loss of business by non-adult-use commercial establishments in the vicinity, and deterioration within residential neighborhoods.
(2) 
It is the purpose and intent of this section to establish appropriate and reasonable regulations and restrictions regarding the location and operation of adult use establishments, as hereinafter defined, so as to promote the health, safety, and general welfare of the residents of the City of Geneva, and to establish reasonable and uniform regulations to prevent the deleterious impacts and effects identified above which may result from the location and operation of such establishments.
(3) 
It is neither the purpose nor intent of this section to impose a limitation or restriction on the content of any communicative materials, including sexually explicit or sexually oriented materials, nor is it the purpose or intent of this section to restrict or deny access by adults to sexually explicit or sexually oriented materials, activities, performances or depictions protected by the First Amendment to the United States Constitution, or to deny access by distributors and/or exhibitors of sexually explicit or sexually oriented materials or entertainment to their intended market. However, it is also not the purpose or intent of this section to condone or legitimize the display or distribution of obscene materials.
B. 
Location restrictions.
(1) 
Such a use shall be permitted only on lots of two acres or more.
(2) 
Such a use may not be established or maintained within 500 feet of:
(a) 
A church, synagogue or regular place of worship.
(b) 
A public or private elementary or secondary school.
(c) 
Any child-care institution or day-care center, as defined herein and in the Education Law.
(d) 
A residence, or the boundary of any residential zoning district.
(e) 
A public park, playground, playing field, governmental office or facility or other similar area where large numbers of persons may travel or congregate.
(f) 
A municipal boundary.
(3) 
No two adult use establishments may be established or maintained within 1,000 feet of each other.
(4) 
Only one such use may be established or maintained on any lot or in any building or structure.
C. 
Distance measurement. For the purposes of this section, measurement of the distances specified above shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used or operated for such a use to the nearest property line or boundary of an affected use. The distance between any two adult use establishments shall be measured in a straight line, without regard to intervening structures or objects, between the closest exterior walls of the structures in which each such use is located.
D. 
General requirements. All adult uses:
(1) 
Shall be conducted in an enclosed building.
(2) 
Shall be conducted in such a manner that, regardless of location or distance, no one who is passing by or who is at any point outside of the enclosed building occupied by such a use shall be able to observe or perceive any performance, conduct, image, printed matter, visual representation, instrument, device or paraphernalia displaying, depicting or otherwise presenting any specified anatomical area or specified sexual activity regulated hereunder, including but not limited to any sign or advertisement or any window or other opening permitting the view of the interior of the premises from the exterior of the premises.
(3) 
Shall not employ loudspeakers or sound equipment as part of the adult use establishment in such a way as may be audible to or discerned by the public from public or semipublic areas.
E. 
Conditions of approval. Final approval of any special use permit application for such a use shall only be made contingent upon the applicant also satisfying all conditions and requirements of approval by the Planning Board of any development plan application for such a use.
F. 
Inspection requirements. Prior to the commencement of any adult use establishment business, or upon any transfer of ownership or control of such a business, the premises on which such establishment is located must be inspected and found to be in compliance with all laws, rules and regulations of or enforced by the New York State Health Department, Fire Department, Code Enforcement Office, Fire Marshal, and other code enforcement officials of the City and county.
G. 
Penalties for offenses.
(1) 
Any person committing an offense against any provision of this section shall, upon conviction, be guilty of a violation pursuant to the Penal Law of the State of New York punishable by a fine not exceeding $250 or by imprisonment for a term not exceeding 15 days, or by both such fine and imprisonment. Continuation of an offense shall constitute, for each day the offense is continued, a separate and distinct violation.
(2) 
In addition to the penalties provided in Subsection G(1) above, any violation under this section shall be punishable by suspension of the right to conduct or operate such adult use for a period not to exceed 30 days for each separate and distinct violation.
(3) 
In addition to the penalties provided above, the Code Enforcement Office may also maintain an action or proceeding in the name of the City of Geneva in a court of competent jurisdiction to compel compliance with or to restrain by injunction any violation of this article.
A. 
All services shall be provided within a completely enclosed building.
B. 
The boarding of animals at an animal grooming shop shall be prohibited.
C. 
All buildings, structures, and accessory use areas, except off-street parking areas, shall be located at least 50 feet from any property line abutting a residential use or district.
D. 
Adjacent properties shall be adequately protected from noise, odors, and unsightly appearances as determined appropriate by the reviewing board in development plan review.
E. 
A waste management plan shall be required to ensure proper upkeep of the site and disposal of animal excrement and waste.
In order to protect the residential character of the district in which it is located, a bed-and-breakfast (B&B) use shall be regulated by the following:
A. 
A B&B may be permitted in an owner-occupied single-family, detached dwelling or a detached accessory structure located on the same lot. A B&B shall not be permitted on a nonconforming lot or within a nonconforming structure.
B. 
The minimum lot area required for a B&B shall be 10,000 square feet. The minimum habitable floor area of a B&B shall be 2,500 square feet.
C. 
The maximum stay of guests shall be no more than 30 consecutive days.
D. 
Sales of merchandise shall be incidental to the bed-and-breakfast operation.
E. 
The residential character of the lot and structures located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.
F. 
No more than two employees shall be nonresidents of the dwelling.
G. 
All B&Bs must be able to accommodate parking requirements on-site. Where on-site parking is impracticable, the reviewing board may provide relief from this provision through development plan review if deemed appropriate.
H. 
Off-street parking shall not be permitted in the front yard. All parking areas shall be screened from adjacent properties and the public right-of-way in a manner approved by the reviewing board.
I. 
All outdoor lighting proposed for the operation of a B&B shall be appropriately shielded so as not to adversely impact neighboring properties.
J. 
The facilities and operation must comply with the applicable provisions of the New York State Uniform Fire Prevention and Building Code, including the definition of a bed-and-breakfast contained therein. The operation must comply with the regulations of the Ontario County and New York State Boards of Health, and any other agency having jurisdiction.
A. 
No day care shall be permitted without obtaining the proper license and registration, as required by NYS or Ontario County Law.
B. 
All buildings, structures, and areas of organized activity dedicated to the primary day care use shall maintain a setback of at least 15 feet from all property lines.
C. 
A landscaped buffer of at least five feet in height and five feet in width shall be provided at all side and rear property lines abutting a residential use or district.
D. 
Outdoor speakers and public-address or stereo systems are prohibited.
E. 
Day-care-centers may be conducted as a home occupation, provided such use is in also in conformance with all applicable home occupation requirements.
A. 
No drive-through facility shall be located on a lot directly adjacent to or across the road or street from a property used for residential purposes.
B. 
Vehicular stacking lanes, service areas, or windows shall not be located in the front yard. All stacking and exit lanes shall be designed so that they do not interfere with off-street parking areas or vehicular and pedestrian circulation on the site. Such lanes shall be designed to reduce the impacts of traffic congestion on adjacent property and public streets.
C. 
A vehicular stacking lane shall be provided on-site in a manner than does not impede on- or off-site traffic movements. The stacking lane shall be delineated from other internal areas through the use of pavement markings that are identifiable during all seasons.
D. 
Drive-through facilities, including any protective canopies, signage, stacking lanes, or other associated elements, shall meet the setback requirements for the property. Such facilities shall be screened as determined appropriate during development plan review.
E. 
Only one access drive, or two one-way access drives, shall be permitted per street frontage.
F. 
All impervious surfaces, including curbing, shall maintain a setback of at least 10 feet from any abutting residential property line. Such setback areas shall be landscaped to the satisfaction of the reviewing board in development plan review.
G. 
The applicant may be required to submit a traffic study demonstrating the impact of traffic generated by the proposed drive-through restaurant as part of development plan review. No drive-through shall be permitted that is anticipated to be a significant detriment to the community or to the local road network. The applicant must demonstrate that the proposed use will not alter levels of service or utilize available traffic capacity to such an extent that it cannot be adequately mitigated or otherwise create unsafe on-site or off-site traffic conditions.
[Amended 11-5-2025 by Ord. No. 8-2025]
A. 
Residential districts.
(1) 
Fences, hedges and walls up to four feet in height shall be permitted anywhere on a lot except where corner clearances are required for traffic safety, as provided in Subsection C below.
(2) 
A fence, hedge or wall up to six feet in height shall be permitted on the rear property line and on the side property line from the front line of the principal building to the rear property line.
B. 
All other districts.
(1) 
There shall be no height restriction on fences, hedges or walls except as provided in Subsections B(2), B(3), and C below.
(2) 
Where a property within a nonresidential district abuts a residentially zoned property, all fences, hedges or walls shall be limited to eight feet in height.
(3) 
Where corner clearances are required by Subsection C below, no fence, hedge or wall in excess of three feet in height shall be constructed, maintained or permitted within 30 feet of the curbline.
C. 
Corner clearances. For the purpose of minimizing traffic hazards at street intersections, no fence, hedge, wall or other obstruction of a height greater than three feet above the top of the adjacent curb or street center-line elevation shall be permitted to be planted, placed or maintained on any corner lot within the triangular area formed by the intersection of the pavement lines, or their projection when corners are rounded, and a straight line joining the pavement lines at points 50 feet distant from their point of intersection.
D. 
General requirements.
(1) 
No gate shall be placed, erected or maintained which shall swing outward over any sidewalk within the City.
(2) 
No fence or wall shall be erected or maintained which shall be equipped with or have barbed wire spikes or any similar device within seven feet of the ground level or which shall have any electric charge sufficient to cause shock.
A. 
A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through development plan review.
B. 
Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
C. 
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
D. 
No part of any filling pump, lift, or other service appliance shall be erected within 100 linear feet of a property line of any residential district or use.
E. 
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
F. 
Minor vehicle repair or service may be permitted, provided all activities are conducted within a completely enclosed building.
G. 
The storage and/or display of vehicles for sale or for rent shall be prohibited.
A. 
Purpose. The purpose of the regulating home occupations is to provide residents with the opportunity to conduct professional office or administrative uses within their home, while still preserving the value and character of the neighborhood.
B. 
Permitted occupations. Permitted home occupations include lawyers, accountants, authors, engineers, architects, consultants, realtors, insurance agents/brokers, counselors, artists, photographers, tailors, repairpersons, beauticians, barbers, counselors, teachers, tutors, music or art instructors, seeing no more than one pupil or client at a time, or other such vocations which the CEO deems appropriate by virtue of similarity in nature, activity, and/or extent.
C. 
Prohibited occupations. Prohibited home occupations include those that would generate adverse impacts to or are incompatible with the existing character of a residential neighborhood. These uses include, but are not limited to, retail stores, medical or emergency services, animal care services, and vehicle sales, service, or repair, dancing instruction, instrument instruction in groups, tearooms, convalescent homes, or mortuary establishments.
D. 
General regulations.
(1) 
The home occupation must be clearly incidental and secondary to the use of the residential dwelling and shall conform to all requirements of the NYS Uniform Building and Fire Prevention Code.
(2) 
The residential character of the lot and structures located thereon shall be preserved. Structural alterations or additions of a nonresidential nature shall be prohibited.
(3) 
The home occupation shall be owned and operated by a full-time resident of the dwelling.
(4) 
All home occupation related activities shall occur wholly within an enclosed structure.
(5) 
No more than one employee shall be permitted that is a nonresident of the dwelling.
(6) 
There shall be no exterior display or storage of materials, good, supplies, or equipment related to the home occupation.
(7) 
No home occupation shall produce odors, noises, dust, vibrations, glare, or any other nuisance not typically found in a residential neighborhood.
(8) 
On-site retail sales is prohibited, except for the sale of items that are clearly incidental to a permitted home occupation.
(9) 
Deliveries to home occupations shall be permitted by two-axle vehicles only.
A. 
Purpose. The purpose of this chapter is to protect the safety and health of the inhabitants of the city; to establish safeguards for the keeping of bees, animals and poultry within the city; and to provide for penalties for the violations thereof.
B. 
Keeping of bees. No person shall keep or harbor any bees in the city. Any beehive used or occupied by bees is hereby declared to be a nuisance; and it shall be unlawful to keep or maintain any such hive in the city.
C. 
Keeping of pigs or swine. No person shall keep or harbor any pigs or swine in the City; and it shall be unlawful to keep or maintain any pen, pig sty or other building for the housing of pigs or swine.
D. 
Keeping of dogs, cats, birds and other domesticated pets.
(1) 
No person, except as a legal veterinarian or kennel use permitted under this chapter, shall maintain any establishment for hire or profit within the City for the raising, training, boarding or selling of dogs or cats, or where more than three dogs or cats are harbored or kept.
(2) 
Notwithstanding the foregoing, the owner of a female dog or cat may keep upon his premises the litter of such dog or cat for a period not to exceed six months.
(3) 
Small birds and other domesticated pets may be maintained as pets if kept in a clean and sanitary manner and are not offensive or dangerous.
E. 
Chickens, ducks, geese, fowl, cattle, horses, sheep, and goats.
(1) 
No person shall keep or harbor any such animals in the City of Geneva.
A. 
By conversion. The conversion of an existing single- or two-family dwelling to three or more units shall be required to comply with the following:
(1) 
All dwelling units and structures resulting from conversion shall comply with the standards set forth in the NYS Uniform Code. Said standards shall take precedence to this chapter should there be a conflict.
(2) 
No dwelling unit conversion shall be permitted in a structure with less than 1,500 square feet of gross floor area. No dwelling unit conversion shall cause the use to exceed the maximum density requirements of the district in which it is located.
(3) 
Any alterations made to the exterior of the building due to the unit conversion shall be completed in such a way to preserve the single- or two-family residential character.
(4) 
No dwelling unit conversion shall be permitted unless the dwelling, following such conversion, can comply with all off-street parking requirements of this chapter. Landscaping and screening of off-street parking areas shall be provided as determined necessary in development plan review.
(5) 
Conversions of dwellings that decrease the number of units or combine units shall be required to ensure the discontinued dwelling unit is permanently and fully integrated into a legal dwelling unit with unimpeded access throughout the legal unit.
B. 
New construction. Newly constructed multifamily dwellings shall be in conformance with the following regulations and design standards:
(1) 
When adjacent to an existing residential neighborhood building, designs are required to take the form of single- or two-family dwellings in a manner that is visually compatible with the architectural detailing of the City's traditional residential character.
(2) 
Buildings shall not have uninterrupted or undefined continuous wall or roof planes in excess of 50 feet. Varied roof heights, projecting bays, gables, recesses, and porches shall be used to visually divide larger building facades to produce a scale that is compatible with and complimentary to adjacent residential development.
(3) 
Buildings shall maintain a distance of at least 20 feet from other structures on the lot.
(4) 
Detached garages shall be located in the side or rear yard only and shall maintain a minimum setback of five feet from the front building line.
(5) 
Garage entrance or exit doors are prohibited on the front facade of buildings.
(6) 
Buildings shall be laid out so that the primary entrances face the street. Each entrance shall be connected by sidewalk to the City's public sidewalk system.
(7) 
Accessory structures, such as clubhouses, pools, pool buildings, storage buildings, and trash enclosures, shall be located in a manner that does not disturb or encroach upon the public realm of the site (pedestrian walkways, roadways, etc.).
(8) 
Off-street parking areas shall be located in the side or rear yard only and shall maintain a minimum setback of 20 feet from all property lines and five feet from the front building line.
(9) 
Developments of 10 or more units shall provide recreational open space at a standard of 250 square feet per dwelling unit. Each recreation area shall be developed with both passive and active recreation facilities, including the installation of appropriate playground or leisure equipment. Where compliance with this requirement is infeasible due to lot size or other physical restriction, the reviewing board may waive or modify the minimum open space area to be provided.
All outdoor assembly, seating, sales, display, and storage areas shall be in conformance with the following requirements. These standards shall not apply to residential accessory uses.
A. 
General requirements.
(1) 
No area shall be located within 100 feet of a residential use or within any public right-of-way, except where located within the CB and CB-5 Districts.
(2) 
No area shall block windows, entrances, exits, pedestrian or vehicular access, sidewalks, fire lanes, or other travel lanes.
(3) 
No area shall exceed 30% of the gross floor area of the primary use. Properties within the CB and CB-5 Districts shall be exempt from this restriction.
B. 
Assembly, seating, sales, and display area requirements.
(1) 
Within a business or mixed-use district. such areas may be allowable in the public right-of-way with the issuance of a license by the Director Of Public Works, outdoor dining permit.
C. 
Storage area requirements.
(1) 
No area shall be permitted in any front yard or within any public right-of-way.
(2) 
All areas shall be fully screened from public view and from adjacent residential uses or districts.
A. 
Permanent, enclosed bathroom facilities for the general public shall be provided on-site.
B. 
No outdoor recreation or entertainment facilities shall be located closer than 200 feet to the property line of any adjacent residential use or district, unless proper landscaping and screening is provided to the satisfaction of the reviewing board.
C. 
Hours of operation shall be posted on-site. All outdoor facilities shall be secured and closed to the public outside of operating hours.
D. 
A waste management plan shall be required to ensure proper upkeep of the site and disposal of trash, litter, animal waste, and other refuse.
A. 
All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the NYS Liquor Authority and operate in accordance of the regulations therein. All such uses dealing with the sale and/or consumption of cannabis products shall obtain a license as required by the Office of Cannabis Management. A complete copy of any application filed with and license issued by the NYS Liquor Authority or Office of Cannabis Management shall be provided with any application subject to this chapter.
B. 
Uses where the sale of food is the primary source of revenue shall be considered restaurants. Restaurants must have a full kitchen and menu as required by the NYS Liquor Authority when the sale of beer, wine, and/or liquor is provided.
C. 
Taverns shall include a minimum food preparation area and menu that satisfies the NYS Liquor Authority's minimum food requirement.
D. 
A waste management plan shall be required to provide for proper upkeep of the site and disposal of refuse. All refuse containers shall be located in the rear yard and maintain a setback of at least five feet from all property lines. Businesses are encouraged to include options for donation of excess food and composting of food scraps and compostable waste as appropriate in their waste management plan.
E. 
Where the provision of on-site refuse containers is infeasible, a shared waste management agreement may be established between adjacent uses. Under no circumstance shall any shared refuse container be located outside of a 200-foot radius of a single use.
[Amended 7-10-2024 by Ord. No. 1-2024]
A. 
Findings. The purpose of this chapter is to regulate the short-term rental of dwelling units within the City of Geneva, NY, and to establish comprehensive registration and licensing regulations to safeguard the public health, safety and welfare by regulating and controlling the use, occupancy, oversight and maintenance of short-term rental properties. The City also recognizes that extensive short-term term rentals have the potential to compromise the residential character of the community, drive up prices of limited low-cost housing supply, and may cause disruption to the peace, quiet and enjoyment of neighboring residents. Accordingly, in order to respect the rights and interests of all residents of the City, this chapter seeks to thoroughly monitor and regulate those who offer their homes as short-term rental properties in order to minimize any potential detrimental impact this commercial enterprise may have upon the residential character of Geneva's neighborhoods.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
RENTAL
An agreement granting use or possession of a dwelling, in whole or in part, to a person, group or entity in exchange for consideration. Use of a short-term rental by a record owner of a property shall not be considered to be a rental under this section.
SHORT-TERM RENTAL
A dwelling that is rented, in whole or in part, to any person or entity for a period of less than 30 consecutive nights and meets all of the regulations, requirements and standards contained in this chapter, as amended. Short-term rentals do not include boardinghouses or bed-and-breakfast inns.
C. 
Presumption of dwelling unit as short-term rental property.
(1) 
The following shall create a presumption that all or a part of a dwelling unit is being used as a short-term rental:
(a) 
All or a part of the property is offered for lease on a short-term rental website, including but not limited to Airbnb, Home Away and VRBO, for a rental period of 30 consecutive nights or less; and/or
(b) 
All or a part of the property is offered for lease for a period of 30 days or less through any form of advertising.
(2) 
The foregoing presumptions may be rebutted by evidence presented to the City of Geneva Code Enforcement Office that the premises is not operated as a short-term rental.
D. 
General requirements.
(1) 
Any conditions imposed by the City Code Enforcement Office or the City Planning Board through site plan review.
(2) 
The property must have sufficient off-street parking spaces as required by § 350-8.4 of the City Code.
(3) 
Tenants and guests shall only park on a suitably improved parking area and shall not park in the required front yard setback.
(4) 
The maximum number of bedrooms that can be rented is limited to four.
(5) 
The maximum occupancy for each short-term rental shall be the lesser of 10 people or the number of people allowed by bedroom capacity as determined by the International Building Code Section PM 404.4.1.
(6) 
Regardless of all other occupancy limitations, maximum occupancy may not exceed 10 people and occupancy limitations are in effect 24 hours a day.
(7) 
Advertisements for the short-term rentals in the City of Geneva must conform to what is allowed under this section, the short-term rental license issued in accordance with § 215-44 of the City Code, and contain a statement advising potential occupants that short-term rentals are subject to § 215-44 of the Geneva City Code.
(8) 
Short-term rentals are not permitted in dwelling units that are subject to affordable housing covenants or are income-restricted under federal, state or local law.
E. 
Short-term rental license required. The operator of a short-term rental unit must acquire and maintain in good standing a revocable short-term rental license as described in § 215-44 of the City of Geneva Code.
(1) 
Where the district regulations of this chapter require site plan review, issuance of such approval shall be required prior to issuance of a revocable short-term rental license under § 215-44.
A. 
Purpose and intent. The purpose and intent of this article is to establish regulations for the construction, the use, and the maintenance of swimming pools within the City of Geneva in order to promote and protect the health, safety, comfort, convenience and general welfare of the inhabitants of the City of Geneva, New York, and to promote peace and good order therein.
B. 
Building permit. No swimming pool shall be constructed or enlarged in the City of Geneva without a building permit issued by the Superintendent of Building and Zoning. Each application for a building permit shall include a plot plan of the lot upon which the swimming pool is to be built, which plan shall contain existing structures and lot lines.
C. 
Construction, use and maintenance. No building permit for the construction of a swimming pool within the City of Geneva shall be issued except upon compliance with the following regulations:
(1) 
Private swimming pools may be erected or installed only as an accessory to a dwelling, private club, community building, or commercial structure for the use of the owner(s) or occupant(s) and family(ies), guests and/or invitees. Such swimming pool shall not occupy more than 10% of the area of the lot on which the same is located and shall in all other respects comply with this chapter, particularly setback requirements.
(2) 
No person, firm or corporation shall maintain a swimming pool within the City of Geneva without first completely enclosing such swimming pool with a permanent protective fence. Such fence shall be a minimum of four feet in height measured from the ground level. It shall be so constructed as to have no openings, holes or gaps larger than two inches in any direction. The wall of a dwelling or an accessory building may form a part of such fence. Swimming pools which are constructed completely above grade, at a minimum height of 42 inches, as measured from the land immediately adjacent to the outside edge of said structure, shall be exempted from this fencing requirement if the means of access to the swimming pool is a ladder, or a device that must be removed when the pool is not in use or attended.
(3) 
All gates or doors opening through a fence surrounding a pool shall be equipped with a self-closing and self-latching device for keeping the gate or door securely closed at all times when not in actual use, except that the door of any dwelling, house or accessory building which forms a part of the enclosure need not be so equipped. Any such gate or door shall be kept locked while the swimming pool is not under the direct supervision of a responsible individual who is 18 years of age or older.
(4) 
All equipment or mechanical devices pertinent to and in the general vicinity of a pool relying on electrical power sources shall be of single-phase, 120-volt, three-wire construction directly grounded to the ground system of the house or the source of power.
(5) 
In the course of pool maintenance the emptying or discharging of the contents of the pool shall be controlled in such a manner as not to cause a nuisance to adjacent properties.
D. 
Health requirements. A filter recirculating pump and purification system shall be provided so as to maintain the bacterial standard established by the provisions of the New York State Sanitary Code relating to public swimming pools.
E. 
Light and noise abatement.
(1) 
No artificial lighting shall be maintained or operated in connection with any swimming pool presently constructed or installed or hereafter constructed or installed in such manner as to unreasonably interfere with the occupants of any neighboring property.
(2) 
The use of megaphones, loudspeakers or public address systems is prohibited in connection with swimming pools herein regulated, and the use of any sound producing or reproducing devices, including human voices, shall not be such as to be objectionable to the occupants of any nearby property.
A. 
Legislative intent. The purpose of this section is to allow for telecommunications equipment installation in accordance with applicable state and federal law. While acknowledging the demand for wireless communications, the City recognizes that the residential and commercial districts, open spaces, and waterfront areas comprising the City are primary community resources. The erection of telecommunications equipment of unusual height or bulk within the City may threaten the historic integrity, damage the aesthetic value, and reduce residents' opportunities to enjoy these resources. The intent of this section is to regulate the construction and siting of telecommunications equipment in compliance with the Federal Communications Act of 1996 to achieve the following:
(1) 
Protect the health, safety and general welfare of City residents;
(2) 
Protect the aesthetic characteristics and historic features of the City; and
(3) 
Ensure that telecommunications equipment planned for locations within the City of Geneva are sited and constructed in a manner consistent with sound land use planning, the City's comprehensive plan, and other adopted plans and policies of the City.
B. 
Application.
(1) 
No freestanding telecommunications equipment, including but not limited to, a tower, satellite dish, antenna, or pole, shall hereafter be used, erected, moved, reconstructed, changed or altered except after approval of a special use permit and development plan in conformity with these regulations.
(2) 
No existing structure shall be modified to serve as a transmission tower or telecommunication facility unless in conformity with this section.
C. 
Application requirements. In addition to the requirements for a special use permit and development plan application, telecommunication equipment applications shall also include the following, at a minimum:
(1) 
Location of the equipment, together with towers, dishes, antennas, guy wires, guy anchors, and accessory structures, if applicable.
(2) 
Proposed height of all equipment, including any towers or antennas, and the justification for such proposed height.
(3) 
Construction detail for any towers, dishes, or antennas, including but not limited to, monopole, guyed, freestanding or other.
(4) 
Elevation illustrations, drawn to scale, of the equipment, together will all towers, dishes, or antennas.
(5) 
Final grading plans for the site, including facilities and roads.
(6) 
Plans indicating how the proposed structures will supplement, detract, or coordinate with existing equipment in the City and contiguous jurisdictions; any changes proposed or anticipated within the following twenty-four-month period, including a build-out plan for new locations and the discontinuance or relocation of existing facilities. If granted a special use permit, this build-out plan must be updated annually.
(7) 
Inventory of other existing and proposed equipment within the City and adjacent communities.
(8) 
Proposed maintenance and inspection procedures, including records systems.
(9) 
Certification that the proposed equipment will not cause interference with existing communication devices, including but not limited to, radio, television, telephone, cellular, or wireless reception.
(10) 
Certification that the equipment meets all state and federal structural requirements for loads, wind, ice, fall down specifications, etc.
(11) 
A copy of the applicant's FCC license.
(12) 
Certification that the applicant has utility status from New York State and the Public Service Commissioner.
D. 
Visual impact assessment. The applicant shall also be required to complete a visual impact assessment, including but not limited to:
(1) 
A description of how the equipment can be blended with the viewshed, including any plans for camouflage, such as simulating the appearance of a tree or other structure depending on the context of the proposed location.
(2) 
A "zone of visibility" map that identifies locations from which the equipment, including all towers, dishes, or antennas, may be seen.
(3) 
Pictorial representations of "before and after" views from key viewpoints both inside and outside the City, including but not limited to state and City streets, local parks, state lands, waterways, other public lands, preserves and historic sites, viewsheds that are important to the community, and from any other location where the site is visible to a large number of visitors or residents. The reviewing board may assist the applicant in determining appropriate key sites.
(4) 
Assessment of the visual impact of the equipment, including all towers, dishes, antennas, guy wires, and accessory facilities or structures from abutting properties and streets, and viewsheds that are important to the community.
E. 
Waivers. The reviewing board is permitted to waive any requirements of this section which are inapplicable as a result of the applicant proposing a shared use on existing equipment, including any towers or structures.
F. 
Shared use.
(1) 
An applicant shall be required to present an inventory report of existing equipment within the City of Geneva and adjacent municipalities, and outlining opportunities for shared use of existing facilities and use of other preexisting structures as an alternative to new construction.
(2) 
Where shared use is unavailable, location of equipment on preexisting structures shall be considered the next preferable location.
(3) 
An applicant intending to share use of existing equipment shall be required to document consent from the existing equipment and property owner for the shared use.
(4) 
The applicant shall pay all reasonable fees and costs of adapting existing equipment to a new shared use. Those adaption costs include but are not limited to structural reinforcement, preventing transmission or receiver interference, additional site screening, and other changes including real property acquisition or lease required to accommodate the shared use.
(5) 
In the case of new equipment, the applicant shall be required to submit a report demonstrating good faith efforts to secure shared use from owners of existing equipment. Copies of written requests and responses for shared use shall be provided.
G. 
Aesthetics. In order to minimize any adverse aesthetic effect on neighboring properties to the maximum extent practicable, the reviewing board shall impose reasonable conditions on the applicant, including the following:
(1) 
All telecommunications equipment and accessory facilities or structures shall be sited to have the least adverse visual effect on the environment.
(2) 
A freestanding tower instead of a guyed tower.
(3) 
Existing on-site vegetation shall be preserved. The cutting of trees exceeding four inches in diameter (measured at a height of four feet off the ground) may be allowed with review board approval.
(4) 
Evergreen tree plantings shall be required to screen equipment from nearby property, as well as from public sites known to include important views or vistas. Where the site abuts residential or public property, including streets, at least one row of evergreen shrubs or trees capable of forming a continuous hedge at least 10 feet in height within two years of planting shall be provided to screen the equipment, as well as any tower base or accessory facilities. In the case of poor soil conditions, planting may occur on soil berms to assure plant survival. Plant height in these cases shall include the height of any berm.
(5) 
The applicant shall show that it has made good faith efforts to collocate on existing equipment and/or to construct new facilities near existing equipment in an effort to consolidate visual disturbances.
(6) 
Equipment should be designed and sited so as to avoid, whenever possible, application of FAA lighting and painting requirements. The equipment shall not be artificially lighted except as required by the FAA. Any lighting utilized shall not result in glare on adjacent properties. Equipment is to be of a galvanized finish or painted matte gray unless otherwise approved by the review board or required by the FAA.
(7) 
No equipment or accessory facilities or structures shall contain any signs or devices displaying a commercial message. Safety warning signs shall not be considered a commercial message, the size and type shall be determined and approved by the reviewing board.
(8) 
All communication cable and utilities, including water, gas, electric and sewer leading to and away from any new telecommunications equipment shall be installed underground and in compliance with all the laws, rules and regulations of the City.
H. 
Setbacks.
(1) 
All freestanding telecommunications towers, dishes, antennas, and accessory structures shall be set back from abutting parcels, public property or right-of-way lines a distance sufficient to substantially contain on-site all ice fall or debris from equipment failure, or 200 feet, whichever is greater. In no case shall such equipment be located less than 200 feet from a residential property.
(2) 
All appurtenances and attachments, such as guy wires, must be located at a minimum setback from any property line a distance of at least 200 feet. The minimum setback requirement of this subsection may be increased at the discretion of the reviewing board as part of the development plan approval procedures, or it may be decreased in those instances where the owner/applicant has submitted plans for a tower design in such a manner as to collapse within a smaller area. Such tower design and collapse zone shall be reviewed by and must be acceptable to the City Engineer and the reviewing board.
I. 
Indemnification. To the maximum extent permitted by law, the applicant shall execute an agreement indemnifying and holding the City harmless from any and all liabilities, claims of personal injury or property damage arising out of or in any way related to the installation and operation of the telecommunications equipment and its accessory structures and facilities.
J. 
Traffic, access, and safety.
(1) 
A road and parking will be provided to assure adequate emergency and service access. Maximum use of existing roads, public or private, shall be made. Road construction shall be consistent with City standards for private roads and shall at all times minimize ground disturbance and vegetation cutting. Road grades shall closely follow natural contours to assure minimal visual disturbance and reduce soil erosion potential. Public road standards may be waived in meeting the objective of this subsection.
(2) 
All telecommunications equipment and guy anchors, if applicable, shall be enclosed by climb-proof fencing of not less than eight feet to protect it from trespassing or vandalism.
K. 
Letter of credit.
(1) 
The applicant and the owner of record of the premises shall be required to execute and file with the City Clerk of the City of Geneva a letter of credit acceptable to the City Attorney as to form and manner of execution in an amount sufficient for the faithful performance of the terms and conditions of this section, the conditions of the permit or approval issued hereunder, for the observation of all City local laws or ordinances to cover the maintenance of the equipment during its lifetime, and provide for its removal and restoration of the site to its original condition.
(2) 
The amount required shall be determined by the City Engineer and shall be not less than 150% of the cost of removal of the equipment, and shall be reviewed and adjusted at five-year intervals.
(3) 
In the event of default upon the performance of any such conditions, the letter of credit or security shall be forfeited to the City of Geneva, which shall be entitled to maintain an action thereon.
(4) 
The letter of credit or security shall remain in full force and effect until the removal of all equipment and site restoration. Further, the applicant and owner shall be required to furnish evidence of adequate insurance, the adequacy of which shall be determined by the City's insurance consultant.
L. 
Removal of facilities. Approval of new telecommunications equipment or the expansion or a modification of any existing equipment shall be conditioned upon the owner's and applicant's agreement to remove such equipment, facilities, and structures once it is no longer used. Removal of such obsolete and/or unused equipment shall take place within six consecutive months of cessation of use.
M. 
Expiration of approval. Special use permit and development plan approval shall expire upon:
(1) 
The failure to commence active operation of the telecommunications equipment and/or accessory facilities or structures within six consecutive months of the date of approval.
(2) 
The discontinuance of the active and continuous operation of the telecommunications equipment and/or accessory facilities for six consecutive months, regardless of any reservation of an intent not to abandon or discontinue the use or of an intent to resume active operations. Upon such abandonment or cessation of use the applicant shall remove the equipment and all related facilities and structures.
N. 
Exemptions. The following are exempt from the requirements of securing a special use permit and development plan approval pursuant to this section:
(1) 
The repair and maintenance of existing telecommunications equipment, facilities, towers, antennas, and accessory structures or facilities.
(2) 
Antennas used solely for the residential household television and radio reception which do not exceed the maximum height permitted for principal structures within the zoning district.
(3) 
Satellite antennas measuring one meter (39.37 inches) or less in diameter, building-mounted, installed according to manufacturer's recommendations, adequately secured and meeting all electrical code requirements regardless of the zoning district in which it is located. For safety reasons, no such satellite antenna shall be placed on an ingress or egress to a building or placed within 10 feet of a power line.
A. 
Purpose. This section has been adopted to ensure that placement of temporary storage units does not negatively impact the character and aesthetics of the City, as well as to promote the health, safety, and welfare of the general public.
B. 
Registration required.
(1) 
It shall be unlawful for any person or entity to place or permit the placement of a temporary storage unit on property located within any zoning district without registering such unit with the CEO.
(2) 
Registration shall occur prior to the initial delivery of the temporary storage unit.
(3) 
The registration form shall contain:
(a) 
The name of the registrant to whom the temporary storage unit is supplied;
(b) 
The registrant's property status: owner, renter, lessee, etc.;
(c) 
The address at which the temporary storage unit will be placed;
(d) 
The delivery date and removal date;
(e) 
A sketch depicting the location and the placement of the temporary storage unit on the lot; and
(f) 
Signature of the parcel owner or other legal occupant with the written permission of the parcel owner;
(g) 
A copy of the rental agreement with the owner of the temporary storage unit.
(4) 
Only the property owner may register a unit. A renter, lessee, or other legal resident may register a unit if they have the written permission of the property owner.
C. 
Placement of units.
(1) 
Units shall only be placed in the driveway, or if access exists, at the side or rear of the lot. The unit may not be placed in unpaved front yard space.
(2) 
Units shall be set back at least five feet from any lot line and five feet from any structure.
(3) 
Approval from the CEO shall be required if the location of a unit meets either of these conditions:
(a) 
There is no driveway; or
(b) 
The property is a corner lot.
(4) 
Placement may not limit visibility of vehicles, pedestrians, or bicyclists.
D. 
Allowable number of units. Only one temporary storage unit may be placed upon any lot at one time.
E. 
Unit size. Units shall not have a footprint exceeding 200 square feet or a height of more than 10 feet.
F. 
Duration. The temporary storage unit may be permitted for a maximum of 30 consecutive days, including the days of delivery and removal. The registration may be extended an additional 30 days upon written request to and approval by the CEO.
G. 
Maximum number of registrations. Each lot is limited to a maximum of four registrations per twelve-month period.
H. 
Maintenance. All temporary storage units shall be fully enclosed structures. The registrant shall be responsible for ensuring that the unit is maintained in good condition, free from evidence of deterioration, weathering, discoloration, graffiti, rust, ripping, tearing, or other holes or breaks at all times.
I. 
Prohibited materials and uses. The storage of solid waste, chemical substances, and illegal or hazardous material is prohibited.
J. 
Inspection. Upon reasonable notice to the registrant, the CEO may inspect the contents of any temporary storage unit at any reasonable time to ensure that it is not being used in a manner prohibited by this section.
A. 
When adjacent to residential uses or districts, such uses shall be buffered to minimize visual and auditory impacts in a method approved during development plan review. Such buffering may include but is not limited to landscaping, screening, and fencing.
B. 
All such uses dealing with the importation, manufacture, distribution, or sale of alcohol shall obtain a license as required by the NYS Liquor Authority and operate in accordance of the regulations therein. A complete copy of any application filed with and license issued by the NYS Liquor Authority shall be provided with any application subject to this chapter.
A. 
A curbed landscaped area shall be maintained at least three feet in depth along all street frontage space not used as driveway. The required landscaping and screening treatments of such area shall be determined through development plan review.
B. 
Entrance or exit driveways shall be located at least five feet from any side or rear property line. Such driveways shall be so laid out as to avoid the necessity of any vehicle backing across any right-of-way.
C. 
No access drive shall be within 200 feet of and on the same side of the street as a school, public library, theater, church, or other public gathering place, park, playground or fire station unless a street 50 feet or more wide lies between such service station and such building or use.
D. 
No part of any filling pump, lift, or other service appliance shall be erected within 100 linear feet of a property line of any residential district or use.
E. 
No fuel pump shall be located closer than 20 feet to any side lot line nor closer than 35 feet to any street line, measured from the outside edge of the fuel island.
F. 
All automobile parts and dismantled vehicles are to be stored within a building, and no repair work or automobile maintenance is to be performed outside a building.
G. 
No automotive use area shall be used for auto wrecking or for the storage of wrecked, partially dismantled or junked vehicles or equipment or motor vehicles which do not qualify for New York State vehicle registration.