[Amended 6-6-2017 by L.L. No. 2-2017; 3-2-2021 by L.L. No. 1-2021]
The following use districts are hereby established:
Ag
Agricultural-Conservation District
R-1
Low-Density Residential District
R-2
Medium-Density Residential District
M-D
Multiple-Dwelling District
MU
Multiple Use District
C-1
Commercial District
I-1
Light Industrial (or Light Manufacturing) District
L-C
Floodplain-Land Conservation District
LI
Light Industrial District
PUD
Planned Unit Development District
NP
Natural Products District
[Amended 1-13-2003 by L.L. No. 1-2003; 6-10-2004 by L.L. No. 1-2004; 9-27-2005 by L.L. No. 6-2005; 4-13-2009 by L.L. No. 1-2009; 12-14-2009 by L.L. No. 3-2009; 2-1-2022 by L.L. No. 1-2022]
The boundaries of the use districts established pursuant to § 132-9 of this chapter are as set forth on the Zoning Map of the Town of Naples as established pursuant to § 132-11 of this chapter and as interpreted pursuant to § 132-12 of this chapter.[1]
[1]
Editor's Note: Former § 132-10.1, District boundaries for Commercial Districts, § 132-10.2, District boundaries for Low-Density Residential Districts, § 132-10.3, District boundaries for Medium-Density Residential District, § 132-10.4, District boundaries for New York State Route 21 (Cohocton Street)/New York State Route 53 Multiple Use District (amended 3-2-2021 by L.L. No. 1-2021), § 132-10.5, District boundaries for Agricultural-Conservation District, § 132-10.6, District boundaries for Agricultural-Conservation District, all added 12-14-2009 by L.L. No. 3-2009, and § 132-10.7, District boundaries for The Ravines at Reservoir Creek Planned Unit Development District, added 6-9-2014 by L.L. No. 3-2014, which immediately followed, were repealed 2-1-2022 by L.L. No. 1-2022.
A. 
There shall exist only one Official Zoning Map, which shall be kept in the office of the Town Clerk, and it shall bear the seal of the Town of Naples, a certification that it is the Official Zoning Map of the Town of Naples and its date of adoption. Said Zoning Map which shows the boundaries of the zoning districts and overlay districts herein established together with wetlands and slope designations, as well as with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.
B. 
Copies of said Zoning Map shall be made from the digital geographic files which were used to create said Zoning Map and which are archived at the office of the Ontario County Planning Department. Costs of reproduction shall be borne by the person, firm, corporation, or individual requesting said copy. All copies of the map shall be a digital reproduction of the map on file with the Town Clerk of the Town of Naples. Said digital reproduction shall contain a clause indicating the source of the map as well as a disclaimer indicating that the Official Zoning Map as adopted by the Town is on file in the office of the Town Clerk.
C. 
Changes made in zoning district boundaries or other features portrayed on the Zoning Map under the provisions set forth herein shall be permanently affixed to the Zoning Map promptly after the amendment has been approved by the Town Board and shall convey information as to the date and nature of the change. No amendment to this chapter which involves matters portrayed on the Zoning Map shall become effective until such change and entry has been made on said Zoning Map and has been attested by the Town Clerk.
D. 
Upon the adoption of any local law amending the Zoning Chapter which affects the boundary line(s) of any use district in the Town or the filing of any decision of the Zoning Board of Appeals which changes the location of any use district boundary, the Town Clerk shall, within 20 days of such adoption or filing, refer the adopted local law or decision of the Zoning Board of Appeals to the Ontario County Planning Department for immediate modification of the Town Zoning Map to depict the subject change(s) thereto. In the event that the Ontario County Planning Department cannot for any reason make such modification to the Town Zoning Map, the Town Board shall take such action as is required to effectuate the modification to the Town Zoning Map as expeditiously as possible.
[Added 2-1-2022 by L.L. No. 1-2022]
[Amended 2-1-2022 by L.L. No. 1-2022]
Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the Zoning Map, the following rules shall apply:
A. 
Center lines and right-of-way lines. Where district boundaries are indicated as approximately following the center lines or right-of-way lines of streets, highways, public utility easements or watercourses, said boundaries shall be construed to be coincident with such lines. Such boundaries shall be deemed to be automatically moved if a center line or right-of-way of such street, highway, public utility or watercourse is moved not more than 20 feet.
B. 
Lot or boundary lines. Where district boundaries are indicated as approximately following the Town boundary line, property lines, lot lines or projections thereof, said boundaries shall be construed to be coincident with such lines or projections thereof.
C. 
Parallel to lot or boundary lines. Where district boundaries are so indicated that they are approximately parallel to the Town boundary line, property lines, lot lines, right-of-way lines or projections thereof, said boundaries shall be construed as being parallel thereto and at such distances therefrom as indicated on the Zoning Map or as shall be determined by the use of the scale shown on the Zoning Map.
D. 
District boundaries shall be determined by use of an accurate scale which shall be shown on the Zoning Map. In no instance shall a district boundary be set at less than the minimum lot depth required in the Schedule of Regulations which is set out as Attachment 1 to this chapter.
E. 
In the event of a questionable district boundary, the issue of the questionable boundary shall be referred to the Zoning Board of Appeals, and it shall, to the best of its ability, establish the exact boundary. Decisions by the Zoning Board of Appeals with respect to use district boundary interpretations shall be in writing and filed with the Town Clerk and the Town Code Enforcement Officer within 10 days of such decision being made.
F. 
The copy of the Zoning Map showing any such determinations under this section shall be on file at the office of the Town Clerk together with use district boundary interpretations made by the Zoning Board of Appeals.
G. 
Precise use district boundary determinations made by the Zoning Board of Appeals in accordance with the above rules shall be considered final and conclusive and may only be altered by amendment of the Zoning Map by the Town Board or pursuant to Article 78 proceedings.
H. 
Lots divided by zoning district lines. Where a lot is divided by a zoning district boundary line, the regulations for each respective district shall apply, except:
(1) 
In all cases where a lot in one ownership, other than a through lot, is divided by a district boundary so that 50% or more of such lot lies in the less restricted district, the regulations prescribed for such less restricted district shall apply to the more restricted portion of said lot for a distance of 30 feet from the zoning district boundary. For purposes of this chapter, the more restricted zoning district shall be deemed that district which is subject to regulations which prohibit the particular use intended to be made of said lot or which regulations set higher standards with respect to setback, coverage, yards, screening, landscaping and similar requirements.
(2) 
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, the regulations applicable to the greater part of the lot shall be deemed to apply to the entire lot.
I. 
Buildings divided by zoning district lines. Where a district boundary line divides a building existing on the effective date of this section so that 50% or more of such building lies within the less-restricted district, the regulations prescribed by this chapter for such less restricted district (as defined in Subsection H above) shall apply to the entire building. Such provisions shall apply only if and as long as the building is in single ownership and its structural characteristics prevent its use in conformity with the requirements of each separate district.
[1]
Editor's Note: Former § 132-13, Lots in two districts, was repealed 2-1-2022 by L.L. No. 1-2022 and 10-4-2022 by L.L. No. 4-2022.