Naples Village City Zoning Code
ARTICLE XVI
Zoning Board of Appeals
§ 385-58 Consolidated Zoning Board of Appeals.
[Amended 9-15-2004 by L.L. No. 3-2004; 6-21-2006 by L.L. No. 2-2006; 7-16-2008 by L.L. No. 4-2008; 11-18-2009 by L.L. No. 3-2009; 9-20-2017 by L.L. No. 1-2017]
There is hereby established a Consolidated Zoning Board of Appeals of the Town of Naples and the Village of Naples, hereinafter referred to as the CZBA.
Creation and membership of the CZBA.
The CZBA shall consist of seven members and two alternate members.
Four members of the CZBA shall be appointed by the Town Board and three members shall be appointed by the Village Board.
The Town Board shall appoint one alternate member of the CZBA and the Village Board shall appoint one alternate member of the CZBA.
The initial terms of the Town Board appointments shall be for terms of one, three, five, and seven years.
The initial terms of the Village Board appointments shall be for two, four, and six years.
Upon the expiration of the terms of the initial appointees to the CZBA, successors shall be appointed by the respective Boards for terms of seven years.
The terms of the members of the CZBA shall begin on January 1 and shall end on December 31 of each year.
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 Village Board shall be replaced by the Village Board.
Any removal of a member of the CZBA shall be done by the Board appointing that member. Removal shall be done in accordance with the provisions of Town Law § 271(9) or Village Law § 7-712(9) as the case may be.
Alternate members.
An alternate member may be substituted for one or two members of the CZBA 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 CPZBA. The substitution of an alternate member to the CZBA shall be made by the Chairperson of the CPB. The provisions of Town Law § 267 (11) or § 7-712 of the Village Law shall apply to such alternate members, depending upon the authority which appointed the alternate member.
In the event of the substitution of an alternate member for the CZBA, such alternate member shall not participate in any vote taken by the CZBA 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, it is the intent of this section to supersede the provisions of § 267(11) of the Town Law.
The Town Board of the Town of Naples shall appoint the Chairperson of the CZBA.
Powers and duties.
The CZBA shall have all of the duties, powers, and responsibilities as are provided in the Code of the Town of Naples, the Code of the Village of Naples, Article 16 of the Town Law of the State of New York, Article 7 of the Village Law of the State of New York, and all other laws, rules and regulations as may be applicable, all as from time to time may be amended or superseded.
The clerk of the CZBA shall file copies of all resolutions and decisions made by the CZBA with the Clerk of the Town of Naples and the Clerk of the Village of Naples, within five days of adoption as required by Village Law § 712-a(2) and 712-a(5).
Any variance granted by the CZBA shall, where appropriate, be noted by the Town Clerk and/or Village Clerk on a copy of the Official Zoning Map which is on file in the respective Clerk's office for such purpose.
Any references to the Zoning Board of Appeals in the Code of the Town of Naples or in the Code of the Village of Naples shall hereafter be construed to mean the CZBA.
No area or use variance may be granted by the CZBA unless it finds sufficient facts constituting grounds for approval in accordance with the standards set forth in Town Law § 267-b or in the Village Law § 7-712(b) as the case may be.
Transitional and implementation matters.
The Town and Village shall enter into an intermunicipal agreement pursuant to Articles 5-g and 5-j of the General Municipal law for further implementation of the CZBA and CPB.
Pending applications.
All applications, referrals, and all other matters pending before the Town of Naples Planning Board and Zoning Board of Appeals and the Village Planning Board and Zoning Board of Appeals as of the effective date of this section shall be transferred to the CPB or the CZBA as the case may be.
The members of the respective CPB and CZBA, voting on a transferred application, shall first fully review all of the records, documentation, and minutes of previous proceedings pertaining to the transferred application.
Any applicant whose application has been transferred may request a recommencement of the review process for that transferred application, which request shall be granted by the CPB or CZBA as the case may be.
No member of the Naples Town Board or Naples Village Board shall be eligible to be a member of the CPB or the CZBA.
Superseding provisions.
This section shall supersede the provisions of §§ 267 and 271 of the Town Law and §§ 7-712 and 7-718 of the Village Law of the State of New York to the extent that its provisions are inconsistent with the cited sections of the Town and Village Laws, and to the extent permitted by the Constitution of the State of New York and by § 10 of the New York State Municipal Home Rule Law, as well as any other statute, ordinance, or local law determined to be in conflict with the provisions of this section.
(Reserved)
Schedule a public hearing. After receiving an appeal from an aggrieved person, the ZBA shall schedule a public hearing on the appeal application or any other matter referred to the Board within 30 days of a completed application.
Public hearing; posting of sign.
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.
Quorum; voting. The presence of three members shall constitute a quorum. The ZBA shall act by resolution. The concurring vote of a majority of the members of the ZBA shall be necessary to reverse any order, requirement or decision or determination of the Code Enforcement Officer or the Planning Board.
An environmental assessment form (EAF) pursuant to the State Environmental Quality Review Act as codified in the Environmental Conservation Law of the State of New York[1] shall be required. The applicant shall submit said EAF with Section 1 filled out, signed and dated, accompanied by any supporting documentation or materials as may be required.
[1]
Editor's Note: See Art. 8 of the Environmental Conservation Law.
§ 385-59 Consolidated Planning Board.
Interpretation of law and boundaries. Upon an appeal from the decision of the Code Enforcement Officer, the Board shall decide any question involving the interpretation of any provision of this chapter. Where uncertainty exists as to the boundaries of any zoning district, the Board shall, upon written application, determine the location of such boundaries of such districts as are established by this chapter and as designated on the Zoning Map of the Village.
Variances. Upon an appeal from the decision of the Code Enforcement Officer, the Board shall decide any question that would involve a variance from the regulation or conditions of this chapter.[1]
[Amended 7-16-2008 by L.L. No. 4-2008]
§ 385-60 Guiding principles and standards for variances.
Area variances. In making its determination for an area variance, the ZBA shall take into consideration the benefit to the applicant if the variance is granted, as weighed against the detriment to the health and safety of the neighborhood or community by such grant.
In making such determination, the ZBA shall also consider:
Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by granting the area variance.
Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance.
Whether the requested area variance is substantial.
Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district.
Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board but shall not necessarily preclude the granting of the area variance.
The ZBA, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community.
The ZBA shall, in granting of an area variance, have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in effect. Such conditions shall be consistent with the spirit and intent of this chapter and shall be imposed for the purpose of minimizing any adverse impact such variance may have on the neighborhood or community.
Use variances. In making its determination for a use variance, the Board shall take into consideration whether or not the applicant has met the following four tests. To meet one or two is not sufficient.
No such use variance shall be granted by the Zoning Board of Appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the Zoning Board of Appeals that for each and every permitted use under the zoning regulations for the particular district where the property is located:
The applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence.
The alleged hardship relating to the property in question is unique and does not apply to a substantial portion of the district or neighborhood.
The requested use variance, if granted, will not alter the essential character of the neighborhood.
The alleged hardship has not been self-created.
The Zoning Board of Appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the unnecessary hardship proved by the applicant and at the same time preserve and protect the character of the neighborhood and the health, safely and welfare of the community.
The Board shall have the authority to impose such reasonable conditions and restrictions as are directly related to and incidental to the proposed use of the property or the period of time such variance shall be in affect. Such conditions shall be consistent with the spirit and intent of this chapter.
When application for a use variance involves property that is within 500 feet of an adjacent municipality, as defined in § 239-nn of the General Municipal Law, the Zoning Board of Appeals shall give notice to the adjacent municipality by mail or electronic transmission to the clerk of the adjacent municipality at least 10 days prior to any hearing. Such adjacent municipality may appear and be heard.
[Added 7-16-2008 by L.L. No. 4-2008]
This section is taken directly from New York State Village Law and as such is subject to any updated amendments.