[Amended 2-13-2006 by L.L. No. 2-2006; 7-10-2006 by L.L. No.
6-2006; 7-10-2006 by L.L. No. 7-2006; 7-9-2007 by L.L. No.
2-2007; 4-13-2009 by L.L. No. 1-2009; 12-13-2010 by L.L. No.
6-2010; 7-8-2013 by L.L. No. 4-2013[1]; 10-12-2015 by L.L.
No. 2-2015; 6-6-2017 by L.L. No. 2-2017]
A.
Word usage. Words used in the present tense include the future; all
words in the plural number include the singular number and vice versa;
the word "used" shall include "arranged," "designed," "constructed,"
"altered," "converted," "rented," "leased" or "intended to be used";
the word "lot" includes the words "plot," "parcel," or "tract"; to
"erect," "construct" and "build" shall have the same meaning; the
word "premises" includes a lot and all buildings or structures thereon;
the word "shall" is mandatory and not discretionary; and the word
"may" is permissive or discretionary. Words used in this chapter which
are not defined herein shall have the meanings ascribed to them by
the New York State Fire Prevention and Building Code or, if not defined
therein, then by definition which is consistent with the Town Comprehensive
Plan and the intent statement of this chapter of the Code of the Town
of Naples, as may be found in a dictionary of current publication.
B.
ACCESSORY BUILDING
ACCESSORY USE
ADULT ARCADE
ADULT BOOKSTORE or ADULT VIDEO STORE
(1)
(a)
(b)
(2)
(a)
(b)
(c)
(d)
(e)
ADULT CABARET
(1)
(2)
(3)
ADULT MASSAGE PARLOR
ADULT MOTEL
(1)
(2)
(3)
ADULT MOTION-PICTURE THEATER
ADULT THEATER
ADULT USES
AGRICULTURAL ACTIVITY
ALLEY
ALTERATION
ALTERATION, STRUCTURAL
ANIMAL CLINIC
ANIMAL HOSPITAL
ANTENNA(S)
APARTMENT HOUSE
APPROVED SEWAGE DISPOSAL SYSTEM
AREA, BUILDING
BASEMENT
BED-AND-BREAKFAST
BILLBOARD
BOARDINGHOUSE
BUILDING
BUILDING, DETACHED
BUILDING HEIGHT
BUILDING-INTEGRATED PHOTOVOLTAIC SYSTEM
BUILDING, PRINCIPAL
BUSINESS
CAMPING GROUND
CARPORT
CELLAR
CHURCH
CLUB HOUSE or CLUB MEMBERSHIP
CLUSTER DEVELOPMENT
CONTIGUOUS PARCELS
COURT
COURT, OUTER
COVERAGE
DAY-CARE CENTER
DENSITY
DOG KENNEL
DRIVEWAY
DWELLING
DWELLING GROUP
DWELLING, MULTIPLE
DWELLING, SEASONAL
DWELLING UNIT
EQUESTRIAN OPERATION
ESCORT
EXCAVATION
FAMILY
FENCE
FIREWOOD HARVESTING
FLOODPLAIN
FLOOR AREA OF A BUILDING
FOUNDATION
GARAGE, PRIVATE
GARAGE, PUBLIC or MOTOR VEHICLE REPAIR SHOP
GASOLINE STATION
GRADE, ESTABLISHED
GRADE, FINISHED
GROUND FLOOR SPACE
GROUND-MOUNTED SOLAR ENERGY SYSTEM
HOME BUSINESS
HOME OCCUPATION
HOME OCCUPATION, SHORT-TERM
HOSPITAL
HOTEL
JUNKYARD
LANDFILL
LAUNDERETTE
LIGHT INDUSTRIAL (or LIGHT MANUFACTURING)
LODGING HOUSE
LOT
LOT AREA
LOT, CORNER
LOT COVERAGE
LOT, DEPTH OF
LOT LINE, FRONT
LOT LINE, REAR
LOT LINES
LOT LINE, SIDE
LOT OF RECORD
LOT, THROUGH
LOT, WIDTH OF
MINE
MINING
MOBILE HOME
MOBILE HOME PARK
MOTEL
NATURAL PRODUCTS
NONCONFORMING USE
NUDE MODEL STUDIO
NUDITY
NURSING OR CONVALESCENT HOME
OPEN SPACE
PARKING SPACE
PLANNING BOARD
PRIVATE DRIVE
PRIVATE ROAD
QUADPLEX
RESTAURANT
RESTAURANT, DRIVE-IN
RESTAURANT, DRIVE-THROUGH
RIGHT-OF-WAY
(1)
(2)
ROWHOUSE
SANITARIUM
SCHOOL
SEMI-NUDITY
SETBACK, FRONT
SETBACK, REAR
SETBACK, SIDE
SEXUAL ENCOUNTER CENTER
SIGN
SOLAR COLLECTOR PANEL
SOLAR COLLECTOR SYSTEM, MAJOR
SOLAR COLLECTOR SYSTEM, MINOR OR ACCESSORY
SOLAR ENERGY EQUIPMENT
SPECIFIED ANATOMICAL AREAS
SPECIFIED SEXUAL ACTIVITIES
(1)
(2)
(3)
(4)
(5)
(6)
(7)
STABLE, PRIVATE
STORY
STORY, HALF
STREET
STREET GRADE
STREET LINE
STREET RIGHT-OF-WAY
STRUCTURE
SWIMMING POOL
TELECOMMUNICATIONS ACCESSORY FACILITY
TELECOMMUNICATIONS FACILITY
TELECOMMUNICATIONS TOWER or TOWER
THEATER, OUTDOOR DRIVE-IN
TIMBER AND FIREWOOD HARVESTING
TIMBER AND FIREWOOD HARVESTING, COMMERCIAL
(1)
(2)
TOPSOIL
TOWNHOUSE
TRAVEL TRAILER
USE
USE, ACCESSORY
WADING POOL
WIND TURBINE
WIND TURBINE, COMMERCIAL
WIND TURBINE, INDUSTRIAL
WIND TURBINE, RESIDENTIAL
WIND TURBINE TOWER HEIGHT
YARD
YARD, FRONT
(1)
(2)
YARD, REAR
YARD, SIDE
ZONING ENFORCEMENT OFFICER
Unless otherwise expressly stated, the following terms shall, for
the purposes of this chapter of the Code of the Town of Naples, have
the meanings indicated:
A building detached from and subordinate to a main building
on the same lot and used for purposes customarily incidental to those
of a main building.
A use customarily incidental to the principal use of a building.
In buildings restricted to a dwelling, the office of a professional
man, customary family occupations and workshops not conducted for
compensation shall be deemed accessory uses.
Any place to which the public is permitted or invited electrically,
or mechanically controlled still or motion-picture machines, projectors,
computers, or other image-producing devices are maintained to show
images to five or fewer persons per machine at any one time, and where
the images so displayed are distinguished or characterized by the
depicting or describing of a specified sexual activity or specified
anatomical areas.
A commercial establishment which, as one of its principal business
purposes, offers for sale, rental or for any form of consideration
any of the following:
Books, magazines, periodicals or other printed matter, or photographs,
films, motion pictures, videocassettes, DVD or video reproductions,
slides or other visual representations which depict or describe specified
sexual activities or specified anatomical areas; or
Instruments, devices, or paraphernalia that are designed for
use in connection with specified sexual activities.
A commercial establishment may have other principal business
purposes that do not involve the offering for sale or rental of material
depicting or describing specified sexual activities or specified anatomical
areas and still be categorized as an adult bookstore or adult video
store. Such other business purposes will not serve to exempt such
commercial establishments from being categorized as an adult bookstore
or adult video store so long as one of its principal business purposes
is offering for sale or rental for compensation of the specified materials
that depict or describe specified sexual activities or specified anatomical
areas. A "principal business purpose" shall mean that more than one-quarter
of the business is devoted to the sale, rental, or display of such
materials as determined by any of the following:
The number of different titles of printed, visual or audio materials
of any kind that are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The number of copies of printed, visual or audio materials of
any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
The amount of floor space devoted to the sale and display of
printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities;
The dollar amount of sales of printed, visual or audio materials
of any kind which are characterized by their emphasis on the description
or depiction of specified anatomical areas or specified sexual activities;
or
The amount of on-site advertising which can be viewed by passersby,
or the amount or cost of advertising in print or broadcast media devoted
to printed, visual or audio materials of any kind which are characterized
by their emphasis on the description or depiction of specified anatomical
areas or specified sexual activities.
A public or private establishment, which serves food and/or
alcoholic or nonalcoholic beverages, that features:
Persons who appear in a state of nudity or semi-nudity; or
Live performances that are characterized by the exposure of
specified anatomical areas or by specified sexual activities; or
Films, motion pictures, videocassettes, DVDs, slides or other
photographic reproductions that are characterized by the depiction
or description of specified anatomical areas or specified sexual activities.
A public or private establishment which is used for the provision
of the service of stroking, kneading, tapping or vibrating the human
body with the hands or other devices, with or without the aid of oils
or other lubricants, except by those licensed to perform said activity
under Education Law § 7802.
A hotel, motel or similar commercial establishment that:
Offers accommodations to the public for any form of consideration;
provides patrons with closed-circuit television transmissions, films,
motion pictures, videocassettes, DVDs, slides or other photographic
reproductions that are characterized by the depiction or description
of specified sexual activities or specified anatomical areas; and
has signs visible from the public right-of-way that advertises the
availability of this adult type of photographic reproductions; or
Offers sleeping rooms for rent for a period of time that is
less than 10 hours; or
Allows a tenant or occupant of a sleeping room to subrent the
room for a period of time that is less than 10 hours.
A commercial establishment where, for any form of consideration,
films, motion pictures, videocassettes, DVDs, slides or similar photographic
reproductions are shown that are characterized by the depiction or
description of specified anatomical areas or by specified sexual activities.
A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or semi-nudity or live performances which are characterized
by the exposure of specified anatomical areas or by specified sexual
activities.
Adult arcades, adult bookstores, adult cabarets, adult motels,
adult motion-picture theaters, adult theaters, adult video stores,
escort agencies, nude model studios, sexual encounter centers and
other sexually oriented uses.
The principal or accessory use of a parcel of land, either
for consumption or use by the property owner or occupant, for retail
sale or wholesale distribution of any legal plant or animal propagated
from or on such land, such as, but not necessarily limited to, livestock,
poultry, eggs, dairy products, fish, honey, grains, vegetables, fruit,
nuts, maple tree sap products, trees and miscellaneous horticultural
products. An equestrian operation shall be considered an agricultural
activity. Dog kennels are not considered an agricultural activity.
For the purposes hereof, the word "farming" shall be synonymous with
the term "agricultural activity."
A narrow service way providing a secondary public means of
access to abutting properties.
As applied to a building or structure, any change or rearrangement
in the structural parts or in the exit facilities or any enlargement,
whether by extending on a side or by increasing in height, or the
moving from one location or position to another.
Any change in the supporting members of a building, such
as bearing walls, columns, beams, or girders.
Any structure where animals or pets are given medical or
surgical treatment and where all kennels and runs must be part of
the principal structure, enclosed and soundproof.
Any structure where animals or pets are given medical or
surgical treatment and where outside kennels, runs, or pastures are
used incidental to the principal use.
A system of electrical conductors that transmit or receive
electronic frequency signals. Such signals shall include, but not
be limited to, radio, television, cellular, paging, and personal communication
services (PCS).
A building arranged, intended or designed to be occupied
by three or more families living independently of each other.
A sewage disposal system which shall conform to the requirements
of the Canandaigua Lake Watershed Rules and Regulations.
The total of areas taken on a horizontal plane at the main
grade level of the principal building, exclusive of all accessory
buildings and exclusive of uncovered porches, terraces and steps.
All dimensions shall be measured between the exterior faces of walls.
A story partly below the average level of the adjoining ground
and finished off for living quarters with an outside access.
A dwelling in which overnight accommodations are provided
or offered for transient guests for compensation, sometimes referred
to as a tourist home.
A sign or structure which directs attention to an idea, product,
business activity, service or entertainment which is conducted, sold,
or offered elsewhere than upon the lot on which the sign is located.
Any dwelling in which more than three persons either individually
or as families are housed or lodged for hire with or without meals.
A rooming house or a furnished rooming house shall be deemed a boardinghouse.
Any structure having a roof supported by columns or by walls
and intended for the shelter, housing or enclosure of persons, animals
or chattels.
A building surrounded by open space on the same lot.
The vertical distance measured from the average elevation
of the proposed finished grade at the front of the building to the
highest point on the rooftop.
A combination of photovoltaic building components integrated
into any building such as vertical facades including glass and other
facade material, semitransparent skylight systems, roofing materials
and shading over windows.
[Added 9-5-2017 by L.L.
No. 4-2017]
A building in which is conducted the main or principal use
of the lot on which said building is situated.
A commercial enterprise dealing in goods or services.
A parcel of land used or intended to be used, let or rented
for transient and vocational recreational occupancy by two or more
travel trailers, campers, tents, motor homes and the motor vehicles
propelling or carrying the same, but excluding mobile homes designed
for permanent occupancy or used as a place of residence.
A structure open on two or more sides and subject to the
same setback requirements as principal structures within the zoning
district and generally used for the sheltering of motor vehicles.
A story partly underground and having more than 1/2 of its
clear height below the average level of the adjoining ground. A cellar
shall not be considered in determining the permissible number of stories.
A place of public worship.
An organization catering exclusively to members and their
guests, including premises and buildings for recreational or athletic
purposes, which are not conducted primarily for gain, providing there
are not conducted any vending stands, merchandising or commercial
activities except as required generally for the convenience of the
membership and purposes of such club.
A subdivision plat or plats, approved pursuant to the Subdivision
of Land Chapter of the Code of the Town of Naples,[2] in which the applicable zoning district regulations of
this chapter are modified to provide an alternative permitted method
for the layout, configuration and design of lots, buildings and structures,
roads, utility lines and other infrastructure, parks and landscaping
in order to preserve the natural and scenic qualities of open lands.
Adjoining parcels of land that touch one another. Parcels
of land which would touch one another except for the presence of a
public road shall be considered contiguous.
An unoccupied open space, other than a yard, on the same
lot with a building, which is bounded on two or more sides by the
walls of such building.
A court enclosed on not more than three sides by exterior
walls and lot lines on which walls are allowable, with one side or
end open to a street, driveway, alley or yard.
That percentage of the plot or lot area covered by the building
or structures, including accessory buildings and structures.
A facility designed to provide daytime care or instructions
for four or more children and operated on a regular basis.
Number of living units permitted per gross acre of land,
exclusive of lands lying within the boundary of any public highway.
Any lands or structure where two or more dogs are kept for
the purpose of sale or for the boarding, care or breeding for which
a fee is charged or paid.
An undedicated passage providing vehicular ingress and egress
from a principal structure and/or the accessory structures on a lot,
across such lot directly to a street, private drive or private road,
without passing across any portion of another lot.
A building designed or used as the living quarters for one
or more families. The terms "dwelling," "one-family dwelling," "two-family
dwelling," or "dwelling group" shall not be deemed to include automobile
court, rooming house, or bed-and-breakfast or facilities used primarily
by transients.
A group of two or more one-family or multiple dwellings occupying
a lot in one ownership and having any yard in common.
Any building arranged or designed to provide two or more
dwelling units for two or more families.
A single-family dwelling that is occupied not more than six
months in any one year.
A building or portion thereof providing complete housekeeping
facilities for one family.
Any use of a parcel of land consisting of or including the
boarding of horses for a fee, the offering of horse riding for a fee,
the offering of lessons in riding, equine training or horsemanship,
whether the horses for such activity are the property of the owner
or occupant of the subject parcel of land or otherwise. Equestrian
operation shall not include any use involving horse racing.
A person who, for consideration, agrees or offers to act
as a companion or date for another person, or who agrees or offers
to privately model lingerie, or to privately perform a striptease
for another person.
Any activity which removes soil, gravel, stone and/or other
natural deposits from the earth and/or its surface.
One or more persons occupying the premises and living as
a single housekeeping unit, as distinguished from a group occupying
a boardinghouse, lodging house, club, fraternity or hotel.
Barrier made of post and wire or boards intended to prevent
escape or intrusion, to mark a boundary, or to be decorative in nature.
See "timber and firewood harvesting."
Areas of special flood hazard are identified by the Federal Emergency Management Agency. See Chapter 74, Flood Damage Prevention.
The sum of the gross horizontal area of the several floors
of a building, excluding attics, cellar and unfinished basement floor
areas not devoted to residential use and the area of roofed porches
and roofed terraces.
A foundation shall consist of a substructure enclosing and
supporting the bottom of the structure and extending below the frost
line. Such foundation shall be composed of materials and constructed
to specifications as required by the New York State Uniform Fire Prevention
and Building Code.[3]
An enclosed space for the storage of one or more vehicles,
provided that no business occupation or service is conducted for profit
therein and that space therein for not more than one car is leased
to a nonresident of the premises.
Any garage other than a private garage, open to the public,
operated for gain and which is used for storage, repair, rental, greasing,
washing, servicing, adjusting or equipping of automobiles or other
motor vehicles.
Any area of land, including structures thereon, that is used
for the retail sale of gasoline or any other motor vehicle fuel and
oil and other lubricating substance, including any sale of motor vehicle
accessories, and which may or may not include facilities for lubrication,
washing or otherwise servicing motor vehicles, but not including the
painting thereof by any means.
The elevation of the center line of the streets as officially
established by the Town authorities.
The elevation of the completed surfaces of lawn walks and
roads brought to grades as shown on the plot plan filed with the building
permit application.
The floor area of the building measured three feet above
the average grade level.
A solar energy system that is anchored to the ground and
attached to a pole or other mounting system, detached from any building,
for the primary purpose of producing electricity for on-site or off-site
consumption.
[Added 2-6-2018 by L.L.
No. 3-2018]
Where permitted as a special use, a commercial or industrial use conducted within or on the same lot as an occupied single-family dwelling by the inhabitants thereof. Within an agricultural district, the term "home business" may include a commercial or industrial use conducted in conjunction with a farm use. The type of business permitted shall include, but not be limited to, those involving the manufacture, provision or sale of goods and/or services on the premises. A home business is a specially permitted use where allowed and must meet the criteria specified in Article VII herein.
Where permitted, an accessory use conducted within a dwelling or accessory structure by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character of the building and property upon which it is located. Home occupations must meet the requirements contained in Article VI herein.
An accessory use where permitted, characterized by the short-term production and/or sale to the public of craft and/or food items such as grape pies strictly during or immediately preceding local festivals. Said production shall be limited to no more than a total of 10 weeks during any calendar year for a single property and in addition to family members have no more than 10 employees or volunteers working on a single property at any given time. Short-term home occupations must meet the requirements contained in Article VI herein.
Unless otherwise specified, the term "hospital" shall be
deemed to include sanitarium, preventorium, clinic, rest home, nursing
home, convalescent home and any other place for the diagnosis, treatment
or other care of human ailments, and shall be deemed to be limited
to places for the diagnosis, treatment or other care of human ailments.
A building containing rooms intended or designed to be used
or which are used, rented or hired out to be occupied or which are
occupied for sleeping purposes by guests and where only a central
kitchen and dining room are provided within the building or in an
accessory building.
A lot, land or structure, or part thereof, used for the purpose
of collection, storage and sale of wastepaper, rags, scrap metal or
discarded material, or for the collecting, dismantling, storage and
salvaging of machinery or vehicles not in running condition and for
the sale of parts thereof.
A lot of land or part thereof used primarily for the disposal,
by abandonment, dumping, burial, burning or any other means and for
whatever purpose, of garbage, sewage, trash, refuse, junk, discarded
machinery, vehicles or parts thereof, or waste material of any kind.
A business premises equipped with individual clothes-washing
machines for the use of retail customers, exclusive of laundry facilities
provided as an accessory use in an apartment house or an apartment
hotel.
A use engaged in the economic activity of the making of articles
by workers, with or without the use of machinery, including processing,
fabrication, assembly, treatment and finishing work, as well as packaging,
storage, distribution and sales related to such activity, wherein
25 or fewer employees are utilized at such use. Such use shall not
apply to any activity related to agricultural products originating
in Ontario County or counties contiguous to Ontario County.
A building in which three or more rooms are rented and in
which no board is furnished.
A parcel of land occupied or capable of being occupied by
a principal building or a group of such buildings, or utilized for
a principal use and uses accessory or incidental to the operation
thereof, together with such open spaces as required by this chapter,
which has been established as a separately owned parcel of real property
by the recording of a deed with the Ontario County Clerk.
The square footage or acreage contained within the boundaries
of a lot.
A parcel of land at the junction of and fronting on two or
more intersecting streets. All corner lots shall be deemed to have
two front yards, two side yards and no rear yard.
The percentage of the lot covered by the building or structures,
including accessory buildings and structures.
The shortest distance between the front and rear lot lines
as measured perpendicular to the street line, or proposed street line.
If the front line is not a straight line, the aforesaid measurement
shall be the shortest distance from the chord line of the front lot
line to the rear lot line.
The line of a lot which is parallel to, or essentially parallel
to, the street, private road or private drive which provides access
to the lot.
The lot line opposite and most distant from the front lot
line.
The property lines bounding the lot.
The lot line other than a front or rear lot line.
A lot which is part of an approved subdivision plat recorded
in the office of the Ontario County Clerk, or a lot described by metes
and bounds, the description of which has been recorded in the office
of the Ontario County Clerk and assigned a tax map number.
An interior lot having frontage on two parallel or approximately
parallel streets.
The shortest distance between the side lot lines as measured
at the street line. If the front lot line is not a straight line,
the aforesaid measurement shall be made parallel to the chord line
of the front lot line.
Any pits or workings, whether above or below ground, from
which any natural product is produced for commercial, industrial or
municipal use; and all shafts, slopes, drifts, faces, and including
all equipment above, on or below the surface of the ground used in
connection with such pits or workings.
The extraction or removal of overburden and/or natural products
from the ground or surface, including any activities at the mine location
for the washing, cleaning, crushing, stockpiling, or other reparation
of natural products for use or sale, and the disposal of overburden
and other wash material.
A movable or portable unit designed and constructed to be
towed on its own chassis, comprised of frame and wheels, connected
to utilities, and designed and constructed without a permanent foundation
for year-round living. A unit may contain parts that may be folded,
collapsed or telescoped when being towed and expanded later to provide
additional cubic capacity, as well as two or more separately towable
sections designed to be joined into one integral unit capable of being
again separated into the sections for repeated towing. "Mobile home"
shall mean units designed to be used exclusively for residential purposes,
excluding travel trailers. Mobile homes shall be considered single-family
dwellings.
A tract of land where two or more mobile homes are parked
and occupied.
A building or group of buildings, whether detached or in
connected units, used as individual sleeping or dwelling units designed
primarily for transient automobile travelers and providing for accessory
off-street parking facilities. The term "motel" includes buildings
designated as auto courts, tourist courts, motor lodges and similar
structures.
Aggregate, cement rock, clay, curbing stone, flagstone, roadstone,
stone, gravel, ore, riprap, sand, sandstone, shale, slate or any other
solid material or substance of commercial value found in or on the
earth and produced for use or sale as part of any type of mining activity.
A building or structure or use of land existing at the time
of enactment of this chapter, and which does not conform to the regulations
for the district in which it is situated.
Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by another person who pays money or any other form of consideration.
The appearance of a human bare buttocks, anus, genitals or
full female breast.
Any dwelling with sleeping rooms where persons are housed
or lodged and furnished with meals and nursing care for hire.
Any unoccupied space exclusive of required yards, driveways,
and parking areas.
The area required for parking one automobile. For purposes
of this chapter, shall be an area 10 feet wide and 20 feet long, not
including passageways.
The Planning Board of the Town of Naples.
An undedicated private right-of-way used as ingress and egress
serving up to four lots, which are not fronting on a dedicated road
or street. Private drives are not eligible for dedication to the Town.
An undedicated private right-of-way used as ingress and egress
to five or more lots.
Four one-story single-family dwellings, privately owned,
leased or rented, that have at least one common wall and occupying
the same lot.
An establishment at which food is sold principally for consumption
on the premises to patrons seated within a closed building.
An establishment where patrons are served food, soft drinks,
ice cream, and similar confections for consumption primarily outside
the confines of the principal building or in automobiles parked on
the premises where seats or other accommodations may or may not be
provided for the patrons.
An establishment whose principal business is the sale of
packaged foods and beverages to the customer in a ready-to-consume
state for consumption either within the building, for carry-out consumption,
or for pickup at a drive-through window.
PRIVATE RIGHT-OF-WAYPortions of a lot or lots, owned by an individual or individuals or a nonpublic agency, entity or organization, which are occupied, or intended to be occupied, by transmission mains, gas pipe lines, rails, special use private drive or private road or any combination thereof.
PUBLIC RIGHT-OF-WAYLands owned or otherwise legally occupied by a public municipality or agency for use as a street or for other public purpose.[4]
A building consisting of a series of noncommunicating one-family
sections having a common line between each two adjacent sections with
a straight unbroken front elevation and roofline.
A private hospital, whether or not such facility is operated
for profit.
A place or establishment for teaching and learning.
A state of dress in which clothing covers no more than the
genitals, pubic region, and/or areolas of the female breast, as well
as portions of the body covered by any supporting straps or devices.
The distance from the street line to the front wall or that
part of the principal structure nearest the street line, measured
perpendicular to or radially from the street line, not including steps
or open porches. On corner lots, the front setback includes the distance
from the street line to the wall of that part of the structure nearest
each street line measured as above.
The distance from the rear lot line to the nearest part of
the principal structure, measured at right angles to, or radially
from, the rear lot line.
The distance from the side lot line to the nearest part of
the principal structure, measured at right angles to, or radially
from, the side lot line.
A business or commercial enterprise that, as one of its primary
business purposes, offers for any form of consideration:
Any structure or part thereof attached thereto, or painted
or represented thereon, which shall display or include any letter,
word, model, banner, flag, pennant, insignia, device or representation
used as, or which is in nature of, an announcement, direction or advertisement.
The word “sign” does not include the flag, pennant or
insignia of any nation, state, city or other political, educational,
charitable, philanthropic, civil, professional, religious or like
organization, or campaign, drive, movement, or event.
A device which gathers or accumulates energy derived from
sunlight.
[Added 9-5-2017 by L.L.
No. 4-2017]
A facility located on a parcel of land used for a solar collection
system principally for the purpose of converting solar energy to electrical
energy for transfer to the public electric grid in order to sell electricity
to or receive a credit from a public utility entity, as well as possibly
for on-site use. A major solar collection system consists of one or
more freestanding ground-mounted solar collector devices, solar collection
related equipment, as well as other accessory equipment, and/or buildings,
with more than a total of 500 square feet of surface area of all the
solar collector panels. Only the surface areas of the panel(s) which
actually gather(s) or accumulate(s) energy shall be included in such
computation.
[Added 9-5-2017 by L.L.
No. 4-2017]
A ground-mounted solar collective system, panel or array
which relies upon solar energy as an energy source of electricity
secondary to the use of the premises for other lawful purposes, with
the total surface area of all ground-mounted solar collector panels
on the lot not exceeding 500 square feet. Only the surface area of
the panel(s) which actually gather(s) or accumulate(s) energy shall
be included in such computation.
[Added 9-5-2017 by L.L.
No. 4-2017]
Electrical energy storage devices, material, hardware, inverters
or other electrical equipment and conduit of photovoltaic devices
associated with the production of electrical energy.
[Added 9-5-2017 by L.L.
No. 4-2017]
The male genitals and/or the vulva or more intimate parts
of the female genitals, the male or female anus or the areola and/or
nipple of the female breast.
Any activity intending to or actually arousing sexual desire,
including but not limited to:
The human genitals in a state of sexual stimulation or arousal;
The fondling or other erotic touching of human genitals, pubic
region, buttocks, anus or female breasts;
Sex acts, normal or perverted, actual or simulated, including
intercourse, oral copulation or sodomy;
Masturbation, actual or simulated;
Masochism, erotic or sexually oriented torture or flagellation,
beating or infliction of pain;
Erotic touching, fondling or other such contact between an animal
and a human being; or
An accessory building in which any horses are kept for hire,
remuneration or sale.
That portion of a building included between the surface of
the floor and the ceiling next above it, having a vertical distance
of at least seven feet six inches along the studs forming each of
the exterior walls. Each story above the first story must have an
area equal to at least 2/3 that of the first story. The first story
is the lowest story which is 75% or more above the average level of
the ground adjacent to said building.
That portion of a building next under a gable, hip or gambrel
roof having a vertical distance between the floor and horizontal ceiling
of at least seven feet six inches, except that for habitable space
under a sloping roof the minimum height above at least 50% of such
floor area shall be seven feet six inches, and the area where the
height is less than five feet shall not be considered in computing
required floor area.
Any dedicated, statutory or otherwise acquired public highway,
avenue, road, lane, alley, thoroughfare, boulevard or other way which
is used for the passage of vehicular or pedestrian traffic, including
the entire width of the right-of-way thereof.
The officially established grade of the street upon which
a lot fronts. If there is no officially established grade, the existing
grade of the street shall be taken as the street grade.
The boundary of the street right-of-way. All setbacks are
to be measured from the boundary of the street right-of-way.
A strip of land, existing or proposed, which is used for
a public street.
Any building or other man-made construction or object installed,
constructed or placed on land or attached to something already located
on land.
Any structure above or below ground designed for capacity
of more than 18 inches of water in depth.
Any facility or structure serving or being used in conjunction
with a telecommunications tower, and located on the same lot, or contiguous
lot held in common ownership, as the telecommunications tower. Examples
of such facilities include transmission equipment, and storage sheds,
buildings or cabinets.
Telecommunications towers, antenna(s), and accessory facilities
used in connection with the provision of radio, television, cellular
telephone, PCS, paging, and similar services.
A structure on which transmitting and/or receiving antennas
are located. It includes, without limit, freestanding towers, guyed
towers, monopoles, and other similar structures.
An open lot or part thereof, with its appurtenant facilities,
devoted primarily to the showing of moving pictures or theatrical
productions on a paid-admission basis, to patrons seated in automobiles
or on outdoor seats.
The cutting or removal of trees for saw lumber, firewood
or other use of the trees.
The cutting or removal of trees for commercial saw lumber
and/or commercial firewood production other than:
Any cutting or removal of trees for production of saw lumber
by the property owner or the family members of such property owner
or for use or sale by the property owner or family members.
Any cutting or removal of trees for firewood production by the
property owner or the family members of such property owner, or for
use or sale by the property owner or family members thereof.
The surface layer of soil, ordinarily rich in organic matter,
which is capable of nurturing vegetation.
A building consisting of a two or more series of noncommunicating
one-family dwellings having a common fireproof wall between each two
dwellings. The number of adjacent living units, the front elevations
of which are in the same vertical plane, shall not exceed two, and
shall be offset at least 18 inches from the adjoining front. The townhouses
shall have no more than six living units per structure.
A type of temporary living quarters which can be legally
towed behind a vehicle without a special permit.
The specific purpose for which land or a building is designed,
arranged, intended, or for which it is or may be occupied or maintained.
The term "permitted use" or its equivalent shall not be deemed to
include any nonconforming use.
See "accessory use."
Any structure above or below ground designed for capacity
of less than 18 inches of water in depth.
A device that converts the kinetic energy of the wind, by
the use of a set of rotating blades elevated from ground level on
a tower, into electrical or mechanical power.
A wind turbine that provides electrical or mechanical power
to a home occupation, farm, multiple dwelling, planned unit development
or other commercial or industrial enterprise, or combination of two
or more thereof. The energy produced by the wind turbine may be either
the primary or secondary source of energy.
A wind turbine, or group of wind turbines in a facility,
whose purpose is to generate electricity that is fed into a power
grid for sale to an electric utility.
A wind turbine that provides electrical or mechanical power
to an individual residence and can be either the primary or a secondary
source of energy.
The total height of the structure, including blade, upon
which a wind turbine is affixed.
An open space, unoccupied and unobstructed by any structure
or portion of a structure, situated between the principal building
or group of buildings and the nearest lot line.
The area between that part of an existing principal structure
nearest the street line and the street and bounded on each side by
the side lines of the lot.
On corner lots, those areas between that part of each exterior
wall of an existing principal structure nearest each street line abutting
said lot and said street lines bounded by the other street and the
side line most closely parallel to said other street line shall each
be the front yard.
That area between that part of an existing principal structure
nearest the rear line of the lot and said rear line bounded on both
sides by the side lines of the lot.
That area which is not a rear yard or a front yard.
The duly appointed official of the Town of Naples for the
administration and enforcement of this chapter, also referred to as
"Zoning Officer" or "Code Enforcement Officer."
[1]
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.
