Of the members of the Board of Appeals first appointed, one shall hold office for the term of one year, one for the term of two years, one for the term of three years, one for the term of four years, one for the term of five years from and after his or her appointment.

Each successor shall be appointed for the term of five years from and after the expiration of the term of his/her predecessor in office. If a vacancy shall occur otherwise than by expiration of term, it shall be filled by the Town Board by appointment for the unexpired term.

The Board of Appeals may employ such clerical or other staff assistance as may be necessary and prescribe their duties, provided that it shall not at any time incur expenses beyond the amount of the appropriations made by the Town Board and then available for that purpose.

There is hereby established one alternate Zoning Board of Appeals member position for the purpose of substituting for a member in the event such member is unable to participate because of a conflict of interest, illness or absence.

All provisions of New York State Town Law, the Town of Geneva Zoning Code and any Town of Geneva rules, regulations, policies or procedures relating to Zoning Board of Appeals member training and continuing education, attendance, conflict of interest, compensation, eligibility, vacancy in office, removal, and service on other boards shall also apply to alternate members.

The Board of Appeals shall have the power to make, adopt and promulgate such written rules of procedure, bylaws and forms as it may deem necessary for the proper execution of its duties and to secure the intent of this chapter. Such rules, bylaws and forms shall not be in conflict with, nor have the effect of waiving, any provisions of this chapter or any other ordinance or local law of the Town. Such rules, bylaws and forms and any subsequent amendments or supplements thereto shall be submitted to the Town Board by the Board of Appeals for approval and filing for public view. The Town Board shall move to approve, reject or modify such rules, bylaws and forms within 30 days after submission. Failure of the Town Board to so move shall be construed to constitute approval thereof.

All meetings of the Board of Appeals shall be held at the call of the Chair and at such other times as such Board may determine. The Chair, or in his or her absence, the Acting Chair, may administer oaths and compel the attendance of witnesses. All meetings of such Board shall be open to the public.

The concurring vote of a majority of all members of the Board of Appeals shall be necessary to reverse any order, requirement, decision or determination of the Code Enforcement Officer, or to decide in favor of an applicant in any matter upon which the Board is required to pass under any ordinance or local law to effect any variation in this chapter, or to deny an application in any matter upon which it is required to pass under any ordinance or local law to effect any variation in this chapter.

The Board of Appeals shall keep minutes of its proceedings showing the vote of each member on every question. If a member is absent or fails to vote, the minutes shall indicate such fact. Every rule, regulation, every amendment or repeal thereof and every order, requirement, decision or determination of the Board of Appeals shall immediately be filed in the office of the Town Clerk and shall be a public record.

No Zoning Board of Appeals member shall be absent from more than three consecutive meetings of the Zoning Board of Appeals or from a total of 1/4 of the meetings of the Zoning Board of Appeals in any twelve-month period.

All Zoning Board of Appeals members shall be required to take a minimum of four hours of training per year. All training shall be relevant to that member's powers or duties on the Zoning Board of Appeals and sponsored by the New York Association of Towns, New York Planning Federation, State of New York or any political subdivision thereof, or any such session approved by the Zoning Board of Appeals Chairman. The Town Board may reimburse the members for appropriate expenses incurred in obtaining training.

Failure of a Zoning Board of Appeals member to satisfy the attendance or training requirement shall be cause for removal from the Zoning Board of Appeals.

Process for removing Zoning Board of Appeals member from office:

By publishing a notice of any appeal or application and the time and place of the public hearing in the official newspaper of the Town not less than five days prior to the date of such hearing.

By giving written notice of hearing to any appellant or applicant and any other such notice to property owners in an affected area as may be required by the Board of Appeals and to the Planning Board not less than five days prior to such hearing.

By giving written notice of hearing to any required municipal, county, metropolitan, regional, state or federal agency in the manner prescribed by law.

Notice of the appeal shall be filed with the Code Enforcement Officer, in writing, in a form required by such Board, within 30 days of the date of the action appealed from, specifying the grounds thereof.

Upon filing of a notice of appeal and payment of a filing fee set from time to time by resolution of the Town Board, by the appellant or applicant, the Code Enforcement Officer shall forthwith transmit to the Board of Appeals all the papers constituting the record upon which the action appealed from was taken.

After the review of an application, the Code Enforcement Officer shall determine if a review meeting is necessary prior to a public hearing, and shall set a reasonable date for the hearing of each appeal, of which hearing date the appellant shall be given notice and at which hearing he or she shall appear in person or by agent or by attorney.

An appeal stays all proceedings in furtherance of the action appealed from, unless the Code Enforcement Officer certifies to the Board of Appeals, after notice of appeals shall have been filed with him or her, that by reason of facts stated in the certificate, a stay would, in his or her opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the Board of Appeals or by a court of record on application or notice to the Code Enforcement Officer and on due cause shown.

Following public notice and hearing, the Board of Appeals may reverse or affirm, wholly or partly, or may modify the order, requirements, decision or determination appealed from and shall make such order, requirement, decision or determination as in its opinion ought to be made in the premises, and to that end shall have the power of the Code Enforcement Officer. If the action by the Board of Appeals is to reverse the action of the Code Enforcement Officer in whole, the filing fee shall be refunded to the appellant. The Board of Appeals shall decide the same within 62 days following the final hearing.

Power to grant. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of this chapter, the Board of Appeals shall have the power, after public notice and hearing, to vary or modify the application of any of the regulations or provisions of this chapter relating to the use, construction or alteration of buildings or structures or the use of land, so that the spirit of this chapter shall be observed, public safety and welfare secured and substantial justice done.

Applications. All applications for variances shall be filed with the Code Enforcement Officer in writing, shall be made in a form required by the Board of Appeals and shall be accompanied by payment of a filing fee set from time to time by resolution of the Town Board, and a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.

Time limitation. Any variance which is not exercised within one year from the date of issuance is hereby declared to be revoked, with further hearing by the Board of Appeals.

Criteria for granting.

Power to grant. The Board of Appeals shall have the power, after public notice and hearing, to grant special use permits in the classes of cases specified in this chapter.

Applications. All applications for special use permits shall be filed with the Secretary to the Board of Appeals, in writing, shall be made in a form required by the Board and shall be accompanied by payment of a filing fee set from time to time by resolution of the Town Board, and a plot plan, drawn to scale and accurately dimensioned, showing the location of all existing and proposed buildings and structures on the lot.

Conditions and safeguards. Whenever the Board of Appeals grants a special use permit, appropriate conditions and safeguards and/or time limitations must be attached thereto so as to guarantee that the use of the premises shall not be incompatible with other permitted uses in the vicinity and district in which the subject property is situated.

Time limitation. Any special use permit which is not exercised within one year from the date of issuance is hereby declared to be revoked without further hearing by the Board of Appeals.

Any special use permit for a business use in the Industrial Zone (I-1) shall be issued upon the special condition that the business use building shall be located no closer than 1,000 feet to the boundary line of a public use highway.