Naples Village City Zoning Code
ARTICLE XV
General Administration and Enforcement
§ 385-50 Enforcement officer.
This chapter shall be administered and enforced by the Code Enforcement Officer, who shall be responsible for issuing required permits, making necessary inspections and issuing violation orders if such exist.
§ 385-51 General procedures.
Prior to any new construction, structural alteration, demolition or changes in the use of a building or lot, or demolition of a structure, a building permit must be obtained from the Code Enforcement Officer. In the event that the application does not meet the requirements of this chapter, the Code Enforcement Officer will then refuse to issue a building permit and refer the application to the ZBA as is required by this chapter and/or state law. Upon receipt of a permit, the applicant may proceed to undertake the action permitted by the permit. At the time the applicant has completed the construction, alteration, or demolition or changed the use as is permitted in the permit, the Code Enforcement Officer shall inspect the premises to determine if the requirements of this chapter and the permit have been adhered to. If such is the case, the Code Enforcement Officer shall issue the certificate of occupancy/certificate of compliance.
[Amended 7-16-2008 by L.L. No. 4-2008]
§ 385-52 Types of permits.
Permitted use. A building permit for a permitted use or structure may be issued by the Code Enforcement Officer, on his own authority, if the application meets the requirements of law.
Special use. After a review, public hearing and approval by the Planning Board, a special use permit may be issued by the Code Enforcement Officer.
Permit after an appeal or variance. After a public hearing held by the Zoning Board of Appeals, a building permit may be issued by the Code Enforcement Officer upon the order of the ZBA.
§ 385-53 Application for variance, permit or certificate.
Under the terms of this chapter, the following persons may apply for variances and special use permits:
Current owner of the property, who shall provide a copy of his deed.
Protective purchaser. One copy of the purchase offer, clearly showing that a zoning contingency is part of the offer, shall be submitted with the application.
Building permits.
There shall be submitted with all applications for a building permit two copies each of a tape location map or instrument survey map and property deeds. Also needed will be a site plan showing the actual dimensions of the lot to be built upon, the exact size and location on the lot of the building and all accessory buildings to be erected and such other information as may be required to determine and provide for the enforcement of this chapter. The CEO, at his discretion, can require blueprints with an engineer's or architect's seal.
All water supply and sewage disposal installations shall meet the standard of the appropriate health authorities. All water distribution systems using the Village of Naples water supply shall meet the standards of the Department of Public Works of the Village of Naples.
One copy of such layout or site plan shall be returned to the applicant together with the building permit, upon payment of the required fee and appropriate approvals. The second copy of the site plan shall become public record after a permit is issued or denied and kept on file at the Village Clerk's office. The applicant's permit shall be conspicuously posted on the premises for which said permit was issued while construction, alteration or change of use is taking place.
A building permit shall expire six months after date of issuance if the applicant fails to implement his application as filed with the Code Enforcement Officer.
The Code Enforcement Officer may revoke the building permit if the work being done materially differs from the filed application.
Denial of permits. When the Code Enforcement Officer reviews an applicant's request for a permit and determines that the application does not meet the requirements of the law, he shall refuse to issue the permit and the applicant may appeal to the ZBA.
Certificate of occupancy and certificate of compliance. No land is to be used or occupied, and no building or structure which has been erected or altered is to be used or changed in use, in whole or in part, until a certificate of occupancy has been issued by the CEO stating that the proposed use and occupancy of such land, building or structure comply with the provision of this chapter and the New York State Building Codes. No building or structure hereafter constructed, erected or altered shall be occupied or used in whole or in part for any use whatsoever, and no change of use of any building or structure or part thereof, or of any land, shall hereafter be made, until a certificate of compliance has been issued by the CEO certifying that the building or structure or any use or part thereof complies with the provisions of this chapter. A certificate of occupancy/certificate of compliance shall be obtained by the property owner, from the Code Enforcement Officer, within 10 days after construction, alteration, or change of use is completed and complies with this chapter and New York State Building Codes.
[Amended 7-16-2008 by L.L. No. 4-2008]
§ 385-54 Appeal procedure.
Applicant. Any aggrieved person may appeal to the ZBA within 60 days from any ruling of any administrative official administering any portion of this chapter.
[Amended 7-16-2008 by L.L. No. 4-2008]
Code Enforcement Officer. Any person who desires to appeal the CEO's decision may make an appeal to the ZBA within 60 days of the CEO's decision. After the sixty-day time period has lapsed and the aggrieved person has not appealed the CEO decision, the CEO's decision shall stand.
[Amended 7-16-2008 by L.L. No. 4-2008]
Zoning Board of Appeals.
Public hearing; posting of sign.
[Amended 11-18-2009 by L.L. No. 3-2009]
A public hearing shall be held by the Zoning Board of Appeals. Prior to the hearing, the owner/applicant shall be required to obtain from the Code Enforcement Officer a sign which states in substance that the subject property is under review by either the Planning Board or the Zoning Board of Appeals, as the case may be. The sign must be posted upon the subject premises within five days of the date upon which the applicant's application is deemed to be complete. The sign must be posted in the front yard of the subject premises in plain view, and must be maintained in an upright position at all times so that it is readable by the public throughout the duration of the application process. Placement of the sign shall be done in accordance with the requirements of this Code. The failure of the owner/applicant to observe these posting requirements shall result in the denial of the application. The sign shall be removed by the owner/applicant within five days of the filing of the final decision with the Village Clerk.
In addition, a legal notice of the public hearing shall be published in a newspaper of local circulation at least five days prior to the date of the hearing.
Notice of the hearing shall be given to all owners of properties contiguous to the subject parcel by first-class mail, which shall be mailed at least 15 days prior to the date of the hearing, to the address of the property owner(s) as appears from the most recent Village property tax rolls. For the purpose of this section, "contiguous" shall include those properties which adjoin the subject parcel in the center line of a Village street.
[Added 1-15-2014 by L.L. No. 1-2014]
The ZBA shall decide each appeal at a public meeting within 62 days after the final hearing. The decision of the Board shall be immediately filed in the office of the Village Clerk and shall be public record. Also, the applicant and the Code Enforcement Officer shall be notified of the action of the ZBA. In the performance of its duties upon such appeals or upon special uses, the Board may, in conformity with the provisions of the law, reverse or affirm, wholly or partly, or modify the order, requirement, decision or determination in accordance with the provisions hereof.
§ 385-55 Appeal from decision of Zoning Board of Appeals.
Any person aggrieved by the decision of the Zoning Board of Appeals may bring an Article 78 proceeding against the ZBA as is provided by law.
§ 385-56 Fee schedule.
Fees shall be established from time to time by resolution of the Village Board of Trustees which upon adoption shall be filed with the Village Clerk.
§ 385-57 Penalties for offenses.
[Amended 6-19-2002 by L.L. No. 3-2002; 6-18-2008 by L.L. No. 3-2008; 7-16-2008 by L.L. No. 4-2008]
Any person, firm, company, corporation, partnership, limited liability company or other entity owning, controlling, occupying or managing any building, structure or premises therein or wherein there shall be placed on, allowed to remain or there exists anything in violation of this chapter, and any such person, firm, company, corporation, partnership, limited liability company or other entity who or which shall assist in the commission of any such violation or violation of any condition imposed by the Village Board, Zoning Board of Appeals or Planning Board or who or which shall use or building any building or parcel of land contrary to the provision of this chapter, and any such person, firm, company, corporation, partnership, limited liability company or other entity who or which shall omit, neglect or refuse to do any act required by this chapter shall be guilty of an offense and subject to a minimum fine of $250 or imprisonment for a period of not more than 15 days, or both, and in addition may be ordered to pay all cost and expenses, including fees and expenses of attorneys, engineers and other experts involved in the enforcement hereof. Every such person, firm, company, corporation, partnership, limited liability company or other entity shall be deemed guilty of a separate offense for each week such violation, disobedience, omission, neglect or refusal shall continue.