Naples Town City Zoning Code
ARTICLE XI
Administration and Enforcement
§ 132-56 Consolidated Board of Appeals.
[Amended 8-1-2017 by L.L. No. 3-2017[1]]
Establishment of Consolidated Board of Appeals. There shall be a Consolidated Board of Appeals between the Town of Naples and the Village of Naples.
Creation and membership of Consolidated Board of Appeals.
The Consolidated Board of Appeals shall consist of seven members and two alternate members.
Four members of the Consolidated Board of Appeals shall be appointed by the Town Board of the Town of Naples, and three members thereof shall be appointed by the Board of Trustees of the Village of Naples.
The Town Board shall appoint one alternate member of the Consolidated Board of Appeals, and the Board of Trustees shall appoint one alternate member of the Consolidated Board of Appeals.
The initial Town Board appointments shall be for terms of one, three, five and seven years. The initial Board of Trustees appointments shall be for terms of two, four and six years.
Upon the expiration of the terms of the initial appointees to the Consolidated Board of Appeals, successors shall be appointed by the respective Boards for terms of seven years.
Terms of members of the Consolidated Board of Appeals shall begin on January 1 and end on December 31.
In the event of a vacancy occurring during a term, the appointment of a replacement for that vacancy shall be for the remainder of the term of the vacancy being filled.
Members appointed by the Town Board shall be replaced by the Town Board. Members appointed by the Board of Trustees shall be replaced by the Board of Trustees.
Any removal of a member of the Board of Appeals shall be by the Board appointing that member, subject to the provisions of Town Law § 271, Subdivision 9, in the case of a member appointed by the Town Board, or the provisions of Village Law § 7-718, Subdivision 9, in the case of a member appointed by the Board of Trustees.
There shall be two Co-chairpersons of the Consolidated Zoning Board of Appeals. One Co-chairperson shall be designated by the Town Board from among the appointees by the Town Board to the Consolidated Zoning Board of Appeals and one Co-chairperson shall be designated by the Board of Trustees from among the appointees by the Board of Trustees to the Consolidated Zoning Board of Appeals. The Co-chairperson appointed by the Town Board shall preside over matters concerning property located in the Town of Naples, outside the geographic limits of the Village of Naples. The Co-chairperson appointed by the Board of Trustees shall preside over matters concerning property located within the geographic limits of the Village of Naples. Upon a motion duly adopted by the Consolidated Zoning Board of Appeals, this "presiding" requirement may be waived by the Consolidated Zoning Board of Appeals.
[Amended 3-6-2018 by L.L. No. 4-2018]
Alternate members.
An alternate member may be substituted for one or two members of the Consolidated Board of Appeals in the event of a conflict of interest on the part of such member(s) or in the event of the lack of a quorum of members of the Consolidated Board of Appeals. The substitution of an alternate member shall be made by the Chairperson of the Board of Appeals. The provisions of Town Law § 267, Subdivision 11, shall apply to such alternate members.
In the event of the substitution of an alternate member, such alternate member shall not participate in any vote taken by the Board of Appeals unless that alternate member has first fully reviewed all of the records, documentation and minutes of previous proceedings pertaining to the matter being voted upon.
In providing for alternate members to sit in substitution for regular members where a quorum is lacking for the Board of Appeals, it is the intent of this chapter to supersede § 267 of the Town Law of the State of New York.
The Consolidated Board of Appeals shall have such duties, powers and responsibilities as are prescribed by this chapter, Article 16 of the Town Law of the State of New York, this chapter of the Code of the Village of Naples, Article 7 of the Village Law of the State of New York and any other applicable laws or regulations.
Any reference to "Board of Appeals" in the Code of the Town of Naples or elsewhere applicable to the Town of Naples shall be interpreted to mean the Consolidated Board of Appeals of the Town of Naples and the Village of Naples.
Pursuant to Town Law § 267-a9 and Village Law § 7-712-a9, the Consolidated Board of Appeals shall file a copy of all proceedings and decisions with the Town Clerk of the Town of Naples and file a copy thereof with the Village Clerk of the Village of Naples within five days after completion of any proceeding or decision.
[Amended 1-2-2018 by L.L. No. 1-2018]
Any variance granted by the Consolidated Board of Appeals shall, where appropriate, be noted by the Town Clerk and/or the Village Clerk of the Village of Naples on a copy of the Official Zoning Map which is on file in the respective Clerk's office for such purpose.
No variance may be granted by the Consolidated Board of Appeals unless it finds facts which constitute grounds therefor as required by and defined by law (Town Law § 267-b or Village Law § 7-712-b, as applicable).
[1]
Editor's Note: This local law also provided for an effective date of 1-1-2018. It also provided that it supersedes Article 16, §§ 267 and 271, of the Town Law and Article 7, §§ 7-712 and 7-718, of the Village Law to the extent inconsistent therewith and to the extent permitted.
§ 132-57 Interpretation of provisions.
Upon an appeal from a decision by the Zoning Enforcement Officer, the Board of Appeals shall decide any question involving the interpretation of any provision of this chapter, and where uncertainty exists as to the boundaries of any zone district, the Board of Appeals shall, upon written application, determine the location of such boundaries of such districts as are established in this chapter and as designated on the Zoning Map of the Town of Naples.
Refer matter to the Planning Board. The Board may refer to the Planning Board such matters as required by this chapter and any other pertinent matters for review and recommendations, and defer any decision thereon for a period of not more than 45 days pending a report from the Planning Board.
§ 132-58 Procedure for Board of Appeals.
The Zoning Board of Appeals shall act in strict accordance with procedures specified by law and by this chapter. All appeals and applications made to this Board shall be in writing by the applicant on forms provided by the Zoning Enforcement Officer. Every appeal or application shall refer to the specific provisions of this chapter involved, and shall exactly set forth the interpretation claimed, or the details of the variance that is applied for and the grounds on which it is claimed that the variance should be granted, as the case may be.
The Board of Appeals shall schedule a public hearing on all appeals or applications within 90 days of the filing of said appeal or application. The Board shall give public notice of the public hearing at least seven days prior to the date thereof:
§ 132-59 Consolidated Planning Board.
[Amended 8-1-2017 by L.L. No. 3-2017[1]]
There shall be a Consolidated Planning Board between the Town of Naples and the Village of Naples.
Creation and membership of Consolidated Planning Board.
The Consolidated Planning Board shall consist of seven members and two alternate members.
Four members of the Consolidated Planning Board shall be appointed by the Town Board of the Town of Naples, and three members thereof shall be appointed by the Board of Trustees of the Village of Naples.
The Town Board shall appoint one alternate member of the Consolidated Planning Board, and the Board of Trustees shall appoint one alternate member of the Consolidated Planning Board.
The initial Town Board appointments shall be for terms of one, three, five and seven years. The initial Board of Trustees appointments shall be for terms of two, four and six years.
Upon the expiration of the terms of the initial appointees to the Consolidated Planning Board, successors shall be appointed by the respective Boards for terms of seven years.
Terms of members of the Consolidated Planning Board shall begin on January 1 and end on December 31.
In the event of a vacancy occurring during a term, the appointment of a replacement for that vacancy shall be for the remainder of the term of the vacancy being filled.
Members appointed by the Town Board shall be replaced by the Town Board. Members appointed by the Board of Trustees shall be replaced by the Board of Trustees.
Any removal of Planning Board members shall be by the Board appointing that member, subject to the provisions of Town Law § 271, Subdivision 9, in the case of a member appointed by the Town Board, or the provisions of Village Law § 7-718, Subdivision 9, in the case of a member appointed by the Board of Trustees.
The Consolidated Planning Board shall have such duties, powers and responsibilities as are prescribed by this chapter, Article 16 of the Town Law of the State of New York, this chapter of the Code of the Village of Naples, Article 7 of the Village Law of the State of New York and any other applicable laws or regulations.
Any reference to "Planning Board" in the Code of the Town of Naples or elsewhere applicable to the Town of Naples shall be interpreted to mean the Consolidated Planning Board of the Town of Naples and the Village of Naples.
Alternate members.
An alternate member may be substituted for one or two members of the Consolidated Planning Board in the event of a conflict of interest on the part of such member(s) or in the event of the lack of a quorum of members of the Consolidated Planning Board. The substitution of an alternate member to the Consolidated Planning Board shall be made by the Chairperson of the Consolidated Planning Board. The provisions of Town Law § 271, Subdivision 15, or its successor law, shall apply to such alternate members.
In the event of the substitution of an alternate member for the Consolidated Planning Board, such alternate member shall not participate in any vote taken by the Consolidated Planning Board unless that alternate member has first duly reviewed all of the records, documentation and minutes of previous proceedings pertaining to the matter being voted upon.
In providing for alternate members to sit in substitution of members when a quorum is lacking for the Consolidated Planning Board, it is the intent of this chapter to supersede § 271 of the Town Law of the State of New York.
There shall be two Co-chairpersons of the Consolidated Planning Board. One Co-chairperson shall be designated by the Town Board from among the appointees by the Town Board to the Consolidated Planning Board and one Co-chairperson shall be designated by the Board of Trustees from among the appointees by the Board of Trustees to the Consolidated Planning Board. The Co-chairperson appointed by the Town Board shall preside over matters concerning property located in the Town of Naples, outside the geographic limits of the Village of Naples. The Co-chairperson appointed by the Board of Trustees shall preside over matters concerning property located within the geographic limits of the Village of Naples. Upon a motion duly adopted by the Consolidated Planning Board, this "presiding" requirement may be waived by the Consolidated Planning Board.
[Amended 3-6-2018 by L.L. No. 4-2018]
Meeting protocol.
[Added 9-4-2018 by L.L. No. 6-2018]
The Chairperson of the Board shall preserve order and decorum at all meetings of the Board.
Every Board member, prior to his/her speaking, shall address himself or herself to the Chairperson. When two or more members of the Board address the Chair at once, the Chairperson shall name the Board member who is to speak first. No Board member shall speak more than once on any question, until every Board member choosing to speak shall have spoken.
A Board member called to order shall immediately come to order, except that he/she will be permitted to explain. If an appeal shall be taken from a decision of the Chairperson, the Board shall decide the case by majority vote without debate.
Permission for the public to speak before the Board. Approved advance requests from the public shall have the right to address the Board during the privilege of the floor portion of a Board meeting. The Chairperson may invite other comments from the public at this time. If so, members of the audience may address the Board on a matter of public concern. The time allotted for addressing the Board shall be limited to three minutes unless the Chairperson has granted prior approval for additional time.
Motions and resolutions.
No motion shall be stated, debated, or put, unless it is seconded. After a motion is stated and seconded, it shall be before the Board, any such motion may be withdrawn by the Board member offering the motion at any time prior to decision or amendment.
If any question in debate contains several distinct propositions, any Board member may have the same divided.
Votes, when recorded. The name of the Board member offering a motion or resolution, and the name of the Board members seconding the motion or resolution shall be entered into the minutes. The ayes and nays and abstentions upon any question shall be taken and entered in the minutes. Any such motion must be made by a Board member, be duly seconded and then be approved by an affirmative vote of a majority of the Board.
Members who are absent from a meeting may, at a subsequent meeting of the Board, nevertheless vote on a matter that was the subject of the missed meeting as long as the member has reviewed and familiarized himself or herself with the subject matter before voting.
Every motion or resolution, as amended before the Board, shall be laid over until the next regular session of the Board if so called for by any member of the Board. No further action may be taken on the motion, resolution or its amendments to same, but limited discussion may occur at the discretion of the Chairperson. No member shall be required to tell his/her reason for the layover of the motion or resolution. Any action on a laidover motion or resolution must take place at the next scheduled meeting. No motion or resolution may be laid over a second time.
All questions of order not addressed specifically by these procedure protocols may be decided by legal counsel based on applicable law.
A motion to adjourn, duly seconded, shall always be in order and shall be decided without debate by an affirmative vote of a majority of the Board.
Agenda. The Chairperson or his/her designee will set the agenda. The Town Clerk will post the agenda on the official bulletin board and on the Town's website at least 24 hours prior to the meeting.
Meeting packet. The Chairperson or his/her designee will gather all information relevant to the Board meeting, including the agenda, and deliver to Board members. Also, at least 24 hours prior to the meeting, the agenda shall be available in the Town Clerk's office and posted on the Town's website.
Conflict of laws. In the event that any provision hereof shall conflict with any local law of the Town of Naples or any laws or regulations promulgated by the State of New York, such local law of the Town of Naples and/or law or regulation promulgated by the State of New York shall prevail.
[1]
Editor's Note: This local law also provided for an effective date of 1-1-2018. It also provided that it supersedes Article 16, §§ 267 and 271, of the Town Law and Article 7, §§ 7-712 and 7-718, of the Village Law to the extent inconsistent therewith and to the extent permitted.
§ 132-59.1 Mandatory training for members of the Board of Appeals and the Planning Board.
[Added 10-9-2006 by L.L. No. 8-2006]
Commencing with the calendar year 2007, each regular member and each alternate member of the Board of Appeals and the Planning Board shall complete, at a minimum, four hours of training each calendar year, which training shall pertain to their respective offices. The training shall be designed to enable such regular members and alternate members to more effectively carry out their duties. Training received by a regular member and/or alternate member in excess of four hours in any one calendar year may be carried over by the regular member and/or alternate member into succeeding years in order to meet the requirements of this subsection. Such training shall be approved by the Town Board and may include, but not be limited to, training provided by a municipality, a regional or a county planning department, office or commission, a county planning federation, a state agency or department, a statewide municipal association, and/or a college or other similar entity. Training may be provided in any appropriate format, including but not limited to, electronic media, video, distance learning and traditional classroom training.
To be eligible for reappointment to the respective board, such regular members and/or alternate members shall have completed the training required pursuant to this subsection.
Failure to comply with the terms of this section by a regular member or alternate member may be considered grounds for removal of that regular member or alternate member pursuant to Town Law §267.9 or Town Law 271.9., respectively.
The training required by this subsection may be waived or modified by resolution of the Town Board when, in the judgment of the Town Board, it is in the best interest of the Town to do so.
No decision of the Board of Appeals of the Town of Naples or the Planning Board of the Town of Naples shall be voided or declared invalid because of a failure to comply with this section.
§ 132-60 Enforcement.
The Town Board shall appoint the Zoning Enforcement Officer. The Zoning Enforcement Officer is hereby given the duty, power and authority to enforce the provisions of this chapter. He shall examine all applications for permits, issue permits for the construction, alteration, enlargement and occupancy of all uses which are in accordance with the requirements of this chapter and all nonconforming uses, record and file all applications for permits with accompanying plans and documents and make such reports as may be required.
§ 132-61 Zoning permits.
No building or structure shall be erected, enlarged, structurally altered, located on a lot or moved until a permit therefor has been issued by the Zoning Enforcement Officer. No zoning permit shall be issued for any structure on a lot which does not front on a street, highway or approved right-of-way as is required in § 280-a of the Town Law. Any zoning permit or temporary permit not exercised within one year after issuance shall automatically expire. This section shall not apply to fences six feet in height or less, mailboxes, birdhouses or buildings having a floor area of 25 square feet or less.
§ 132-62 Plot plans.
There shall be submitted with all applications for zoning permits two copies of a layout or plot plan drawn to scale, showing the actual shape and dimensions of the lot to be built upon, the exact size and location of the lot of the building and accessory buildings existing and the lines within which the building or structure shall be erected or altered, the existing and intended use of each building or part of the building, the number of families or units that the building is designed to accommodate, and such other information with regard to the lot and neighboring lots that may be necessary to determine and provide for the enforcement of this chapter. One copy of such plat shall be returned to the owner when such plans shall have been approved by the Zoning Enforcement Officer. The lot shall be staked out on the ground before construction is started.
§ 132-63 Certificate of zoning compliance.
It shall be unlawful for an owner to use or permit any business or industrial use of any building or premises, or part thereof, hereafter created, erected, changed, converted or enlarged, wholly or partly, in its use or structure, until a certificate of zoning compliance shall have been issued by the Zoning Enforcement Officer.
It shall be unlawful for an owner to use or permit the use of any new residence until a certificate of zoning compliance shall have been issued by the Zoning Officer.
Such certificates shall state that such building or premises, or part thereof, and the proposed use thereof are in complete conformity with the provisions of this chapter, and all applicable laws, ordinances, rules and regulations that may be in effect. It shall be the duty of the Zoning Enforcement Officer to issue a certificate of zoning compliance, provided that he is satisfied that the building and the proposed use of the building or premises conform with all the requirements herein set forth.
§ 132-64 Temporary certificate of zoning compliance.
The Board of Appeals may authorize the issuance of a temporary certificate of zoning compliance for a portion of a building or structure.
§ 132-65 Intent of certificate of zoning compliance.
A certificate of zoning compliance shall be deemed to authorize and is required for both initial and continued occupancy and use of the building or land to which it applies, and shall continue in effect as long as such building and the use thereof, or of such land, are in full conformity with the provisions of this chapter and any requirements made pursuant thereto. On the serving of notice of any violation of any of the said provisions or requirements in respect to any building or the use thereof, or of land, the certificate of zoning compliance shall be required for any further use of such building or land.
§ 132-66 Record of permits and certificates.
The Zoning Enforcement Officer shall keep a record of all applications for and the issuance of zoning permits and certificates of zoning compliance.
§ 132-67 Complaints of violations.
Whenever a violation of this chapter occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the Zoning Enforcement Officer, who shall properly record such complaint and immediately investigate the report thereon.
§ 132-68 Procedure for abatement of violations.
In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted or maintained, or any building, structure or land is used in violation of this chapter or any local law or regulation made under authority conferred hereby, the Zoning Enforcement Officer or other proper officials, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance or use, to restrain, correct or abate such violation, to prevent the occupancy of said building, structure or land to prevent any illegal act, conduct, business or use in or about such premises.
In addition to the remedies set forth above in Subsection A, when the Zoning Enforcement Officer has reasonable grounds to believe that work on any building or structure is being performed in violation of the provisions of this chapter, he or she shall deliver to the owner of the property, the person performing the work on the property, and/or an agent of the owner of the property from whom the said owner can reasonably be expected to receive notice, a stop-work order.
The Zoning Enforcement Officer shall also post a copy of such stop-work order in a conspicuous location at the site of the work being performed. Such copy of the stop-work order shall not be removed until the stop-work order is rescinded by the Zoning Enforcement Officer or a court of competent jurisdiction. Any individual removing the posted stop-work order prior to its rescission shall be guilty of the violation of this chapter.
Upon service of the stop-work order and/or the posting of a copy of the stop-work order at the work site, all further work on the subject building or structure shall be stopped and suspended until the stop-work order has been rescinded by the Zoning Enforcement Officer or a court of competent jurisdiction. The stop-work order shall not be rescinded until the building or structure has been brought into compliance with the law. Any individual, firm or corporation which violates a stop-work order shall be guilty of a violation of the law, and each week in which such a violation occurs may be considered a separate offense.
The stop-work order shall contain:
The name of the owner of the subject property;
The address of the subject property;
The words "STOP-WORK ORDER" printed at the top of the order in letters at least 1/2 inch in height;
A warning that violating the stop-work order or removing the stop-work order from the site is in violation of the law;
A statement that the building or structure is in violation of this chapter of the Town of Naples;
The name, address and telephone number of the Zoning Enforcement Officer;
A statement that the Zoning Law of the Town of Naples; and
The date of issuance of the order.
The Zoning Enforcement Officer shall complete an affidavit of service and posting with respect to the issuance of each stop-work order.
The Zoning Enforcement Officer shall also issue a notice of zoning violation in conjunction with the issuance of each stop-work order.
§ 132-69 Penalties for offenses.
A violation of this chapter is hereby declared to be an offense, punishable by a fine not exceeding $350 or imprisonment for a period not to exceed six months, or both, for conviction of a first offense; for conviction of a second offense, both of which were committed within a period of five years, punishable by a fine not less than $350 nor more than $700 or imprisonment for a period not to exceed six months, or both; and, upon conviction for a third or subsequent offense, all of which were committed within a period of five years, punishable by a fine not less than $700 nor more than $1,000 or imprisonment for a period not to exceed six months, or both. Each week's continued violation shall constitute a separate additional violation.
§ 132-70 Fees.
[Amended 7-9-2007 by L.L. No. 2-2007]
The amount of each administrative fee required to be paid pursuant to this chapter shall be established by resolution of the Town Board, unless otherwise specified in this chapter. The fees shall be set by the Town Board.