A.
No building shall hereafter be erected and no existing
building shall be moved, structurally altered, rebuilt, added to or
enlarged nor shall any land be used for any purpose other than those
included among the uses listed as permitted uses in each zone by this
chapter and meeting the requirements set forth in the appended schedule.[1] Nor shall any open space contiguous to any building be
encroached upon or reduced in any manner, except in conformity with
the area and density requirements, off-street parking requirements
and all other regulations designated in the schedule and this chapter
for the zone district in which such building or space is located.
In the event of any such unlawful encroachment or reduction, such
building or use shall be deemed to be in violation of this chapter,
and any zoning permit or certificate of zoning compliance issued relative
thereto shall become void.
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
B.
Uniformity. Within each district, the regulations
established by this chapter shall be the minimum regulations and shall
be applied uniformly to each class or kind of structure or land.
A.
No structure shall be built within 100 feet from the
center of the bed of a stream carrying water on average of six months
of the year.
B.
No persons, firm or corporation shall strip, excavate,
or otherwise remove topsoil for sale or other use other than on the
premises from which taken, except in connection with the construction
or alteration of a building on such premises and excavating or grading
incidental thereto, or except as hereinafter specified.
C.
Existing natural features such as trees, brooks, drainage
channels, and view shall be retained. Whenever such features interfere
with the proposed use of such property, a retention of the maximum
amount of such features consistent with the use of the property shall
be required.
[Amended 2-13-2006 by L.L. No. 2-2006; 7-10-2006 by L.L. No.
7-2006; 1-8-2007 by L.L. No. 1-2007; 7-9-2007 by L.L. No.
2-2007; 4-13-2009 by L.L. No. 1-2009]
A.
Construction, excavation or other development on slopes of 15% or greater shall be subject to the regulations set out in steep slopes provisions found in § 132-30 of this chapter, with the exception of farming activities. No such construction, excavation or other development shall be commenced on slopes of 15% or greater until a permit for same has been issued with respect thereto by the CEO subsequent to proper application having been made pursuant to § 132-30. Any excavation related to timber and/or firewood harvesting, including but not limited to skid trails, forest roads, haul roads, landings and stream crossings, shall be subject to the steep slopes provisions of § 132-30.
B.
No lot shall have erected upon it more than one principal building
and appropriate accessory structures that are permitted by this chapter.
No yard or other open space provided about any building for the purpose
of complying with the provisions of this chapter shall be considered
to provide a yard or open space for any other building. No temporary
dwelling shall occupy the same lot.
C.
The location of all detached accessory buildings on a lot shall conform to the yard and other applicable requirements of the Schedule of Regulations which is a part of this chapter.[1]
[Amended 9-13-2019 by L.L. No. 4-2019]
[1]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
D.
All finished basements must have an outside access.
E.
At the intersection of two or more streets, no hedge, fence or wall,
nor more than a single post or tree which is higher than three feet
above curb level, nor any obstruction to vision shall be permitted
in the triangular area formed by the intersecting street lines and
a line joining each 30 feet distant from said intersection along said
street line.
F.
Every principal building shall be built upon a lot which complies
with the lot frontage and width requirements of this chapter as stated
in the schedule.[2]
[2]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
G.
Where a building lot has frontage on a street which is proposed for
right-of-way widening, the required front yard area shall be measured
from such proposed right-of-way line.
H.
No front yard shall be used for the open storage of any mobile home,
boat, vehicle, travel trailer or any other equipment.
I.
Business structures or uses shall not display goods for sale or locate
coin-operated vending machines of any type in any location which would
infringe upon the required yard areas specified in this chapter.
J.
All yards, open space, off-street parking, and required landscaping
must be contained within the zone in which the use is permitted.
K.
No more than one tractor or semitrailer, as defined in New York State
Vehicle and Traffic Law, shall be parked out-of-doors overnight in
a residential zone.
L.
For the purpose of regulating the locations of accessory buildings
on corner lots, and on lots extending through between parallel streets,
all portions of a corner lot or a through lot which fronts on a public
street shall be subject to the front yard requirements of the zone
district in which said corner lot or through lot is located.
M.
When a new lot is formed so as to include within its boundaries any
part of a former lot on which there is an existing building or use,
the subdivision must be carried out in such a manner as will not infringe
upon any of the provisions of this chapter either with respect to
any existing structures or use and/or proposed structures or use.
No parcel of land shall be divided to create a nonconforming lot or
use.
N.
The provisions of this chapter shall not apply to customary local
utility distribution or collection lines for water, gas, telephone
or electric service. All facilities such as pumping stations, repeater
stations, and electric substations which require a structure above
grade shall be subject to the requirements of this chapter, as herein
provided.
O.
All farm structures are exempt from the height requirements of this chapter, except as provided in Subsection S hereof.
P.
Ponds and other man-made bodies of water shall be constructed so
as to comply with the requisite setbacks, which shall be measured
from the base of the outside of the dike or retaining wall, or, if
the dike or retaining wall is not readily discernible, then from the
edge of the water. No permit shall be issued for a pond or body of
water until such approvals are obtained as are reasonably deemed to
be required by the Code Enforcement Officer.
Q.
Spraying or spreading of agricultural products is permitted.
R.
Travel trailers, campers, motor homes, and any type of temporary
living quarters shall not be placed nor parked anywhere in the Town
of Naples for more than six months per year on any parcel of property,
excepting the placement of a maximum of two units adjacent to the
owner's residence or place of business for storage purposes only,
but subject to any other restriction imposed by this chapter. Such
units shall not be used for permanent dwelling purposes.
T.
All lots shall have frontage on a street as defined by this chapter
and in accordance with the standards and specifications adopted by
the Town.
U.
All lots shall comply with dimensional requirements specified in the Schedule of Regulations.[3]
[3]
Editor's Note: The Schedule of Regulations is included at the end of this chapter.
V.
Every principal building shall be built upon a lot with frontage
upon a street improved to meet the standards and specifications of
the Town of Naples and in accordance with Chapter 62 of the Consolidated
Laws of New York State, Article 16, §§ 265-a and 280-a,
of the Town Law.
W.
The lot width requirements specified in the Schedule of Regulations hereby supersedes the minimum "fifteen-foot access reference" contained in Chapter 62 of the Consolidated Laws of New York State, Article 16, § 280-a, of the Town Law.
X.
All streets, roads, drives and driveways shall be constructed in
accordance with the standards and specifications adopted by the Naples
Town Board entitled "Subdivision Road and Development Specifications."[4]
Z.
Unimproved lots of record, which do not front on an existing public road, shall not be issued a building permit until the right-of-way or easement giving access to said lot is improved to meet the road standards and specifications adopted by the Naples Town Board. An unimproved lot of record shall be defined pursuant to Chapter 62 of the Consolidated Laws of New York State, Article 16, Town Law §§ 276 and 280-a. In addition to meeting the road standards and specifications, site plan approval pursuant to Article VIII shall be required by the Planning Board.
AA.
All timber and firewood harvesting operations shall comply with the
New York State Forestry Best Management Practices.
BB.
Industrial wind turbines.
[Amended 7-8-2013 by L.L.
No. 4-2013[5]]
(1)
Industrial wind turbine electricity-generating facilities are
not compatible with the Comprehensive Plan and general intent of the
Zoning Chapter of the Code of the Town of Naples and are not conducive
to the good health, safety or general welfare of the residents and
property owners of the Town. Therefore industrial wind turbines are
not permitted within the geographic limits of the Town of Naples,
outside the Village of Naples.
(2)
Variance; noise level limit; waiver.
(a)
In the event that a variance is granted by any board or court
of competent jurisdiction with respect to this prohibition, a noise
level limit shall be required for any industrial wind turbine. The
noise level produced by any such industrial wind turbine shall not
exceed the average ambient noise level plus 6 dbA at any property
boundary line or existing residence within the Town of Naples or elsewhere.
(b)
Such noise level limit may be waived by the owner of any property
otherwise benefited by that noise level limit. The waiver must specifically
identify the subject property by address, deed recording information
as to liber and page, Tax Map parcel number, owner's (owners')
name and address and definitive language waiving the noise level limit.
The waiver must be executed in the form required for a deed to be
recorded and recorded in the office of the County Clerk of the county
in which the subject property is located.
[5]
Editor’s Note: Section 7 of this local law stated that
it would supersede the applicable sections of Article 16 of the Town
Law, including, but not necessarily limited to, §§ 130,
261, 262, 263, 264, 265, 267, 268, 269 and 274-a, and Executive Law
§ 381 to the extent inconsistent with the same and to the extent
permitted by the New York State Constitution, the Municipal Home Rule
Law or any other statute determined to be in conflict with the provisions
hereof as pertains to industrial wind turbine towers and/or industrial
wind energy facilities, as defined herein.
CC.
There shall be a recreation fee collected by the Town for each separate
residential unit constructed or placed in the Town of Naples. Such
fee shall be paid at the time that application is made for a zoning
permit. The amount of the recreation fee shall be set by resolution
of the Town Board, subsequent to public hearing upon five days'
notice, published in a newspaper of general distribution in the Town
and posted in the Town Clerk's office. All funds collected by
the Town as recreation fees pursuant to this subsection shall be applied
solely to capital expenditures for development of and/or improvements
to the Naples Community Park. Such funds shall be maintained in a
separate account for that purpose.
DD.
With respect to any permit application where either the Zoning Enforcement
Officer or Code Enforcement Officer is unable to definitively determine
a setback, the permit applicant or property owner shall provide verification
thereof by a licensed land surveyor, architect or engineer.
EE.
A use including agricultural activities shall comply with accepted
farming practice for that particular agricultural activity.
FF.
Roof- or building-mounted and building-integrated solar energy systems
and photovolatic energy systems are exempted from regulations pursuant
to this chapter. Such system may, however, be subject to the regulations
of the New York State Fire Prevention and Building Code.[6]
[Added 9-5-2017 by L.L.
No. 4-2017]
GG.
Minor solar collector systems. Ground-mounted minor solar collector
systems are permitted as accessory structures in all zoning districts
of the Town, subject to the following:
[Added 9-5-2017 by L.L.
No. 4-2017]
(1)
The location of the solar collectors meets all applicable setback
requirements of the zoning district in which they are located.
(2)
The height of the solar collectors and any related structures
shall not exceed 15 feet above ground level where installed.
(3)
The total area occupied by the solar collector system and all
other buildings and structures on the lot shall not exceed maximum
lot coverage for the district in which it will be located. The entire
cumulative surface or ground area covered by the solar panels shall
be included in total lot coverage.
(4)
A building permit has been obtained for the solar collector
system.
(5)
No portion of the solar collector system shall be located in
a front yard, unless located more than 200 feet from the center line
of a public highway.
(6)
Solar collector panels and other facilities shall be located
and installed so as to prevent reflective glare toward buildings on
adjacent properties and public highways.
(7)
Solar collector panels shall be located and installed in order
to prevent reflective glare onto any public highway.
(8)
All solar collector installations shall be in accordance with
applicable electrical and building codes, the manufacturer's
installation instructions and/or industry standards. Prior to becoming
operational the solar collector system must be approved by a licensed
electrical inspector. In addition, any connection to the public utility
grid shall be approved by the subject public utility.
(9)
In the event that a solar collector system ceases to operate
for more than six consecutive months, the property owner shall remove
the solar collector system as well as associated equipment and facilities
no later than 90 days after the end of the six month period of cessation
of operation.
