This chapter shall be known and may be cited
as the "Zoning Law of the Town of Naples."
For the purpose of promoting the health, safety
and general welfare of the people of the Town of Naples, this chapter
is adopted pursuant to Article 16 of the Town Law and pursuant to
the Municipal Home Rule Law of the State of New York. Its purpose
is to regulate and restrict the height, number of stories and size
of buildings and other structures; the percentage of lot that may
be occupied; the size of yards, courts, and other open space; the
density of population and the location and use of buildings, structures
and land for business, industry, agriculture, residence or other purposes.
Such chapter and the Official Zoning Map enacted pursuant to this
chapter are designed to lessen congestion in the streets; to secure
safety from fire and other dangers; to provide adequate light and
air; to provide for solar access and the implementation of solar energy
systems; to prevent the overcrowding of land and to avoid undue concentration
of population; to facilitate the efficient and adequate provision
of public facilities and services; and to provide the maximum protection
to residential areas from the encroachment of adverse environmental
influences. Such chapter and Official Zoning Map were enacted after
reasonable consideration, among other things, as to the character
of the town and its peculiar suitability for particular uses and with
a view to conserving property values and natural resources and encouraging
the most appropriate use of land throughout the town.
In their interpretation and application, the
provision of this chapter shall be held to be minimum requirements,
adopted for the promotion of the public health, morals, safety, or
the general welfare.
It is not intended to interfere with or abrogate
or annul other rules, regulations, or ordinances, provided that whenever
the requirements of this chapter are at a variance with the requirements
of any other lawfully adopted rules, regulations or ordinances, the
most restrictive, or that imposing the higher standards, shall govern.
A.
The Town Board of Naples may from time to time on
its own motion or on petition, or on the recommendation of the Planning
Board, amend, supplement or repeal the regulations and provisions
of this chapter or map, after due notice and a public hearing thereon,
as required by law.
B.
Every proposed amendment or change, whether initiated
by the Town Board or by petition, shall be referred to the Planning
Board prior to a public hearing. The Planning Board shall have 30
days to review and make any recommendation on the proposed amendment.
C.
At the public hearing full opportunity to be heard
shall be given to any citizen and all interested parties.
D.
The favorable vote of at least four members of the
Town Board shall be required prior to the passage of any amendment
which is protested by the owners of 20% or more of the area of:
This chapter is subject to periodic review every
three years by the Planning Board. This review shall be completed
during the six months just prior to the end of the three-year date.
A.
The Ontario County Planning Board is required by state
law to review certain proposed zoning changes which affect properties
within 500 feet of any municipal boundary, existing or proposed county
or state park or other recreation area, the right-of-way of any existing
or proposed county or state parkway, thruway, road or highway, or
the right-of-way of any stream or drainage channel owned by the county,
the boundary of any state or county owned land on which a building
is situated or any special permits or variances affecting such real
property.
B.
The County Planning Board shall have 30 days after
receipt of this application to make its comments or recommendations.
C.
The submitting municipality, in making its decision,
shall consider the recommendations of the County Planning Board and
shall not act contrary to the recommendations of the County Planning
Board except by a majority plus one vote of the Board having jurisdiction
over the referral.
D.
If the submitting municipality does override the County
Planning Board, the submitting municipality must notify the County
Planning Board within seven days as to its decision by Board resolution,
and must notify the County Planning Board as to why its recommendations
were overridden.
