[Amended 6-6-2017 by L.L.
No. 2-2017]
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
|
|
C-1
|
Commercial District
|
|
I-1
|
Light Industrial (or Light Manufacturing) District
|
|
L-C
|
Floodplain-Land Conservation 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]
The boundaries of the use districts established pursuant to § 132-9 of this chapter are hereafter described.
[Added 12-14-2009 by L.L. No. 3-2009]
A.
Those lands described as follows: beginning at the point of intersection
of the center of Naples Creek with the center line of New York State
Route 245; thence westerly along the center line of New York State
Route 245 to its point of intersection with the boundary line of the
Village of Naples; thence northwesterly along the boundary line of
the Village of Naples so far as its intersection with the center line
of New York State Route 21; thence northerly along the center line
of New York State Route 21 to a point located by a straight-line extension
to the northwest of the northeasterly boundary line of premises now
or formerly owned by Gregory J. Schenk (currently Tax Map Parcel No.
198-00-1-17.100), which point is also approximately 729.13 feet northeasterly
from the point of intersection of the center line of New York State
Route 21 with a straight-line extension to the northwest of the center
line of Parrish Road, as measured along the center line of New York
State Route 21, thence southeasterly along the northeasterly boundary
line of said premises now or formerly owned by Gregory J. Schenk,
and a straight-line extension thereof, if necessary, so far as the
current center line of Naples Creek, thence southerly on a meandering
course along the current center line of Naples Creek so far as the
point of beginning at the center line of New York State Route 245.
B.
Also those lands described as follows: beginning at a point in the
center line of New York State Route 21, which point is located at
the intersection of said center line of New York State Route 21 with
a straight-line extension to the northwest of the northeasterly boundary
line of premises now or formerly owned by Gregory J. Schenk (currently
Tax Map Parcel No. 198.00-1-17.100), which point is also approximately
729.13 feet northeasterly from the point of intersection of the center
line of New York State Route 21 with a straight-line extension to
the northwest of the center line of Parrish Road, as measured along
the center line of New York State Route 21, thence 1) northeasterly
along the center line of New York State Route 21 so far as the point
of intersection thereof with a straight-line extension to the west
of the northerly boundary line of premises designated as Tax Map Parcel
No. 194.00-3-29.000; thence 2) easterly along said straight-line extension
to the west of the northerly boundary line of said premises designated
as Tax Map Parcel No. 194.00-3-29.000 and the northerly boundary line
of those premises so far as the easterly line of the Town of Naples;
thence 3) southerly along the easterly line of the Town of Naples
to the southeasterly corner of said premises designated as Tax Map
Parcel No. 198.00-3-19.000 in the easterly line of the Town of Naples,
also being in the center line of Naples Creek; thence 4) northwesterly
along the southwesterly boundary line of said premises, which follows
Naples Creek so far as Naples Creek follows the boundary line of said
premises; thence 5) on a meandering southerly course along the center
line of Naples Creek so far as the intersection thereof with a straight-line
extension to the southeast of the northeasterly boundary line of said
premises now or formerly owned by Gregory J. Schenk (currently designated
as Tax Map Parcel No. 198.00-1-17.100); thence 6) northwesterly along
said straight-line extension to the southeast of the northeasterly
boundary line of said premises now or formerly owned by Schenk and
along the northeasterly boundary line of said premises, and a straight-line
extension thereof to the northwest so far as the center line of New
York State Route 21 at the point and place of beginning.
C.
Also those lands described as follows: beginning at the point of
intersection of the boundary line between the Town of Naples and the
Village of Naples with the center of Naples Creek just easterly of
the confluence of Naples Creek with Reservoir Creek, thence westerly
along the center of Naples Creek to the southeasterly corner of premises
described in a deed recorded in the Ontario County Clerk's office
in Liber 1056 of Deeds at page 294; thence north 00° 42'
00" east a distance of 543.93 feet to a point; thence south 84°
05' 50" east along the southerly boundary line of premises described
in a deed recorded in the Ontario County Clerk's office in Liber
1033 of Deeds at page 819 so far as the boundary line between the
Town of Naples and the Village of Naples, thence southwesterly along
said boundary line between the Town of Naples and the Village of Naples
to the point of beginning in the center of Naples Creek.
D.
Also those lands described as follows: commencing at a point on the
center line of New York State Route 245 at a point approximately 0.1
mile southerly of the intersection of the center line of said New
York State Route 245 with the center line of Parrish Road (aka Parrish
Cross Road) said point also being a southeasterly corner of lands
now or formerly owned by Merrill R. Smith and Gail A. Smith by deed
recorded in the Ontario County Clerk's office at Liber 631 of
Deeds at page 1131, said point being the point of beginning; thence
1) south 40° 19' 31" west, along the center line of said
New York State Route 245, a distance of 455.66 feet to a point, said
point being a northeasterly corner of lands now or formerly owned
by said Smith; thence 2) north 57° 12' 28" west along a northerly
boundary line of lands now or formerly owned by said Smith a distance
of 199.28 feet to a point; thence 3) north 27° 00' 45" east,
along an easterly boundary line of lands now or formerly owned by
said Smith, a distance of 232.39 feet to a point; thence 4) north
84° 48' 30" east, along a southerly boundary line of lands
now or formerly owned by said Smith, a distance of 358.32 feet to
the point of beginning containing 1.842 acres, more or less, according
to an instrument survey map prepared May 15, 2001, by David M. Simolo,
Licensed Land Surveyor No. 050330.
[Added 12-14-2009 by L.L. No. 3-2009]
A.
Those lands described an area bounded as follows: beginning at a
point in the center line of New York State Route 21 and 245 where
the Village of Naples southern boundary intersects the center line
of said highway; thence in a northerly direction along said village
boundary to a point where said boundary intersects the center of Eelpot
Creek; thence southeasterly along the center of said Creek to a point
south of Eelpot Road where the center line of said Creek reaches a
point which is 750 feet from the center line of New York State Route
21 and 245, measured perpendicular to said highway; thence generally
southwesterly parallel to the center line of New York State Route
21 and 245 and 750 feet therefrom to a point marked as Bench Mark
1168; thence southeasterly in straight line perpendicular to the center
line of New York State Route 21 and 245 a distance of 1,250 feet to
a point; thence northeasterly parallel to the center line of New York
State Route 21 and 245 and 500 feet therefrom so far as a point in
a line parallel to the center line of New York State Route 53 and
250 feet westerly therefrom; thence generally southerly and parallel
to the center line of New York State Route 53 and 250 feet westerly
therefrom a distance of 3,550 feet; thence easterly in a straight
line perpendicular to the center line of New York State Route 53,
a distance of 500 feet to a point; thence northerly parallel to the
center line of New York State Route 53 and 250 feet easterly therefrom
so far as a point where said line intersects the southerly boundary
of the Village of Naples; thence westerly along said village boundary
to the point of beginning.
B.
Also those lands described as follows: beginning at a point in the
center line of County Road 36 at its point of intersection with the
center line of French Hill Road; thence south a distance of 500 feet
in a straight line perpendicular to the center line of County Road
36 to a point; thence easterly and parallel to said center line and
500 feet therefrom, so far as a point located on a straight line drawn
perpendicular to the center line of County Road 36 and which line
intersects the center line of County Road 36 a distance of 1,250 feet
easterly from the point of intersection of the center line of County
Road 36 with a straight-line extension of the center line of Gulick
Road, as measured along the center line of County Road 36; thence
northerly, in a straight line perpendicular to the center line of
County Road 36 a distance of 1,000 feet to a point; thence westerly
parallel to the center line of County Road 36 and 500 feet therefrom
so far as a point located on a straight line perpendicular to the
center line of County Road 36 and intersecting the center line of
County Road 36 at the point of beginning; thence southerly a distance
of 500 feet to the point of beginning.
C.
Also those lands described as follows: beginning at a point in the
center line of French Hill Road a distance of 4,500 feet northerly
from the point of the intersection of a straight-line extension of
the center line of Dug Road with the center line of French Hill Road
as measured along the center line of French Hill Road; thence westerly
in a straight line perpendicular to the center line of French Hill
Road a distance of 500 feet; thence northerly and parallel to the
center line of French Hill Road and 500 feet therefrom so far as a
point located in a straight line drawn perpendicular to the center
line of French Hill Road and which line intersects the center line
of French Hill Road at a point 3,500 feet northerly along said center
line from the point of beginning hereof, as measured along the center
line of French Hill Road; thence southeasterly a distance of 1,000
feet in a straight line perpendicular to the center line of French
Hill Road to a point; thence southerly and parallel to the center
line of French Hill Road so far as a point in a straight line drawn
perpendicular to the center line of French Hill Road and intersecting
the center line of French Hill Road at the point of beginning hereof;
thence westerly a distance of 500 feet to the point of beginning.
D.
Also those lands described as follows: beginning at a point in the
center line of County Road 36 where said center line is intersected
by the center of a creek, which point is a distance of approximately
7,500 feet southeasterly from the point of intersection of the center
line of County Road 36 with the Naples Town boundary line as measured
along the center line of County Road 36; thence northeasterly along
the center of the creek to a point which is 750 feet from the center
line of County Road 36 as measured perpendicularly therefrom; thence
northwesterly parallel to the center line of County Road 36 and 750
feet therefrom so far as the Naples Town boundary line; thence south
along the Naples Town boundary line so far as a point where said Town
boundary line reaches a distance of 1,000 feet from the center line
of County Road 36 as measured perpendicularly to the center line of
County Road 36; thence southeasterly parallel to the center line of
County Road 36 and 1,000 feet therefrom so far as a point in a straight
line drawn perpendicular to the center line of County Road 36 and
intersecting the center line of County Road 36 at the point of beginning;
thence northeasterly a distance of 1,000 feet to the point of beginning.
E.
Also those lands described as follows: beginning at a point in the
center line of New York State Route 21, a distance of 1,250 feet northeasterly
from the point of intersection of a straight-line extension of the
center line of County Road 12 with the center line of New York State
Route 21 as measured along the center line of New York State Route
21; thence northwesterly in a straight line perpendicular to the center
line of New York State Route 21 a distance of 200 feet; thence northeasterly
and parallel to the center line of New York State Route 21 and 200
feet therefrom a distance of approximately 6,035 feet to a point in
a straight line perpendicular to the center line of New York State
Route 21 and which line intersects the center line of New York State
Route 21 at its point of intersection with a straight-line extension
of the center line of Parish Road; thence southeasterly in a straight
line a distance of 200 feet to the point of intersection of the center
line of New York State Route 21 with the straight-line extension of
the center line of Parish Road; thence southwesterly approximately
6,035 feet along the center line of New York State Route 21 to the
point of beginning.
[Added 12-14-2009 by L.L. No. 3-2009]
Those lands described as follows: beginning at the point of
intersection of the center line of Eelpot Road with the center line
of Dug Road; thence northwesterly a distance of 250 feet on a straight
line perpendicular to the center line of Eelpot Road to a point; thence
northeasterly parallel to the center line of Eelpot Road and 250 feet
therefrom so far as point on a straight line perpendicular to a straight-line
extension of the center line of Maxfield Road and intersecting the
straight-line extension of Maxfield Road at its point of intersection
with the center line of Eelpot Road; thence easterly in a straight
line to said point of intersection of the straight-line extension
of the center line of Maxfield Road with the center line of Eelpot
Road; thence northerly along the center line of Maxfield Road for
a distance of 2,750 feet; thence easterly on a straight line perpendicular
to the center line of said Maxfield Road a distance of 500 feet to
a point; thence southerly parallel to the center line of Maxfield
Road and 500 feet therefrom to a point in a line drawn parallel to
the center line of Eelpot Road and a distance of 500 feet from said
center line; thence easterly parallel to the center line of Eelpot
Road and 500 feet therefrom so far as the center line of Eelpot Creek;
thence southwesterly along the center line of said Creek to a point
which is a distance of 1,000 feet southwesterly from the center line
of Eelpot Road as measured perpendicular to said center line of Eelpot
Road; thence northwesterly and southwesterly parallel to the center
line of Eelpot Road and 1,000 feet therefrom so far as a point in
a straight line drawn perpendicular to the center line of Eelpot Road
and intersecting the center line of Eelpot Road at the point of beginning;
thence northwesterly a distance of 1,000 feet to the point of beginning.
[Added 12-14-2009 by L.L. No. 3-2009]
All those lands encompassing an area shown within the boundaries
of the New York State Route 21/Cohocton Street Overlay District as
shown on the "Town of Naples Official Zoning Map." Generally speaking,
the boundary follows Tax Map parcels as delineated on said map and/or
portions of the center of Eelpot Creek. In some instances Tax Map
parcels were too large to be practically included within the overlay
district, so the parcel boundary cuts across a portion of said Tax
Map parcel so as to generally align with the rear lot lines of the
adjoining tax parcels.
[Added 12-14-2009 by L.L. No. 3-2009]
All those lands within the Town of Naples, situated outside
any incorporated village within the said Town, are hereby classified
and designed as Agricultural-Conservation District unless otherwise
designated.
[Added 12-14-2009 by L.L. No. 3-2009]
Those lands described as follows: beginning at the point of
intersection of the center line New York State Route 53 with a straight-line
extension to the east of the center line of Reservoir Road; west a
distance of 353.95 feet to a point; thence 2) south 30° 03'
05" west a distance of 203.46 feet to a point; thence 3) south 22°
32' 19" west a distance of 89.59 feet to a point; thence 4) south
16° 11' 52" west a distance of 259.98 feet to a point; thence
5) south 23° 23' 44" west a distance of 91.75 feet to a point;
thence 6) south 15° 18' 01" west a distance of 81.47 feet
to a point; thence [courses (7) through (13) following along the westerly
boundary line of lands now or formerly owned by Charles Meyer and
Joan Meyer as described in a deed recorded in the Ontario County Clerk's
office in Liber 676 of Deeds at Page 782] 7) south 55° 43'
41" east a distance of 38.43 feet to a point; thence 8) south 04°
39' 44" west a distance of 148.97 feet to a point; thence 9)
south 47° 50' 39" east a distance of 130.21 feet to a point;
thence 10) south 85° 15' 11 east a distance of 33.05 feet
to a point; thence 11) south 33° 32' 46" east a distance
of 164.34 feet to a point; thence 12) south 17° 45' 57" east
a distance of 79.91 feet to a point; thence 13) south 61° 53'
44" east a distance of 134.67 feet to a point; thence 14) north 86°
29' 45" west along the northerly boundary line of said premises
now or formerly owned by Meyer a distance of 1,036.63 feet to a point;
thence 15) north 03° 30' 15" east along the easterly boundary
line of premises now or formerly owned by the Village of Naples a
distance of 46.50 feet to a point; thence [courses (16) through (19)
following along the easterly boundary line of premises now or formerly
owned by Robert N. Wilson as described in a deed recorded in the Ontario
County Clerk's office in Liber 793 of Deeds at page 1195] 16)
north 57° 54' 55" east a distance of 276.01 feet to a point;
thence 17) north 33° 41' 01" west a distance of 158.10 feet
to a point; thence 18) north 23° 37' 46" east a distance
of 436.61 feet to a point; thence 19) north 53° 19' 06" east
a distance of 90.00 feet to a point; thence 20) north 82° 58'
51" west along the northerly boundary line of said premises now or
formerly owned by Wilson a distance of 796.59 feet to a point now
or formerly marked by an iron pin; thence 21) north 02° 52'
06" east along the easterly boundary line of premises now or formerly
owned by Reservoir Creek Dev., LLC, as described in a deed recorded
in the Ontario County Clerk's office in Liber 1012 of Deeds at
page 820 a distance of 207.26 feet to a point; thence 22) south 89°
46' 12" east along the southerly boundary line of said premises
now or formerly owned by Reservoir Creek Dev., LLC, described in a
deed recorded in the Ontario County Clerk's office in Liber 1012
of Deeds at Page 825 a distance of 65.73 feet to a point now or formerly
marked by an iron pin; thence 23) north 03° 27' 26" east
along the easterly boundary line of said premises now or formerly
owned by Reservoir Creek Dev., LLC, a distance of 1,407.75 feet to
a point; thence [courses (24) through (26) following along the southerly
boundary line of premises now or formerly owned by George Abraham
and Katherine Abraham as described in a deed recorded in the Ontario
County Clerk's office in Liber 665 of Deeds at page 409 and Liber
807 of Deeds at page 20] 24) south 89° 46' 12" east a distance
of 159.99 feet to a point now or formerly marked by an iron pin; thence
25) north 83° 48' 01" east a distance of 109.75 feet to a
point; thence 26) south 25° 07' 26" east a distance of 120.78
feet to a point now or formerly marked by an iron pin; thence 27)
south 25° 07' 26" east along the westerly boundary line of
premises now or formerly owned by Richard S. Pohwat and Jeanette A.
Pohwat as described in a deed recorded in the Ontario County Clerk's
office in Liber 1008 of Deeds at page 982 a distance of 390.00 feet
to a point now or formerly marked by an iron pin; thence 28) north
73° 21' 20" east along the southerly boundary line of said
premises now or formerly owned by Pohwat a distance of 147.06 feet
to a point now or formerly marked by an iron pin; thence 29) south
28° 54' 16" east along the westerly boundary line of premises
now or formerly owned by David Carson and Modelle Hughes as described
in a deed recorded in the Ontario County Clerk's office in Liber
951 of Deeds at page 8 a distance of 225.29 feet to a point; thence
30) north 65° 27' 58" east along southerly boundary line
said premises now or formerly owned by Carson and Hughes a distance
of 190.00 feet to a point in the center line of New York State Route
53; thence 31) south 37° 29' 49" east along the center line
of New York State Route 53 a distance of 612.85 feet to the point
and place of beginning. Being 47.244 acres, more or less, as shown
on a map entitled "Map of Survey Prepared for Robert S. and Holly
K. Elwell" by Venezia & Associates, dated October 10, 2002, being
Job No. C405. EXCEPTING THEREFROM all that tract or parcel of land
situate in the Town of Naples, County of Ontario, State of New York
and being more particularly described as follows: beginning at a point
located north 52° 55' 08" west from a point in the center
line of Reservoir Road, which point is located a distance of 599 feet
southerly from the point of intersection of the center line of New
York State Route 53 with a straight-line extension to the east of
the center line of Reservoir Road, as measured along the center line
of Reservoir Road; thence 1) north 69° 57' 57" west a distance
of 64.86 feet to a point; thence 2) north 83° 25' 59" west
a distance of 310.85 feet to a point; thence 3) north 04° 21'
50" east a distance of 29.73 feet to a point; thence 4) north 63°
30' 48" west a distance of 48.02 feet to a point; thence 5) north
19° 11' 27" west a distance of 439.31 feet to a point; thence
6) north 61° 54' 42" east a distance of 267.62 feet to a
point; thence 7) south 32° 16' 56" east a distance of 585.24
feet to a point; thence 8) south 02° 17' 21 east a distance
of 155.08 feet to the point of beginning, being a parcel of land consisting
of 4.64 acres.
[Added 6-9-2014 by L.L.
No. 3-2014]
All lands encompassing the area bounded as follows are classified
as Industrial District (I-1):
Beginning at a point in the center line of Edson Road, which
point is located a distance of 1,425.15 feet westerly from the point
of intersection of the center line of Edson Road with the westerly
line of the County of Yates, as measured along the center line of
Edson Road; thence (1) north 49° 05' 26" west along Edson
Road a distance of 131.31 feet to a point; thence (2) north 41°
58' 17" west continuing along Edson Road a distance of 150.00
feet to a point; thence (3) north 25° 49' 37" east, passing
through a point now or formerly marked by an iron pin 30.00 feet distant,
a total distance of 400.00 feet to a point now or formerly marked
by an iron pin; thence (4) north 66° 28' 17" west a distance
of 195.80 feet to a point now or formerly marked by an iron pin; thence
(5) north 25° 49' 37" east a distance of 493.25 feet to a
point now or formerly marked by an iron pin; thence (6) south 66°
28' 17" east, passing through a point now or formerly marked
by an iron pin 364.53 feet distant, a total distance of 461.68 feet
to a point now or formerly maker by an iron pin; thence (7) south
25° 49' 37" west a distance of 536.60 feet to a point; thence
(8) south 66° 28' 17" east a distance of 310.74 feet to a
point; thence (9) south 9° 57' 53" west a distance of 452.00
feet to a point in the center line of Edson Road; thence (10) north
76° 11' 40" west along Edson Road a distance of 193.57 feet
to a point; thence (11) north 67° 23' 39" west continuing
along Edson Road a distance of 131.21 feet to a point; thence (12)
north 58° 13' 32" west continuing along Edson Road a distance
of 114.33 feet to the point and place of beginning, comprising an
area of 12.000 acres.
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.
Where uncertainty exists with respect to the
boundaries of any of the aforesaid use districts, as shown on the
Zoning Map, the following rules shall apply:
A.
Where boundaries are indicated as approximately following
the center line of streets or highways, such center lines shall be
construed to be such boundaries.
B.
Boundaries indicated as following the center of streams,
lakes, or reservoirs shall be construed to follow such center and,
in the event of change of such center, shall be construed as moving
with the natural shoreline.
C.
Where boundaries do not appear to follow lot lines
or fence lines within a parcel of land, but do appear to be approximately
parallel to street lines or highways, such boundaries shall be construed
as being parallel thereto at such distance therefrom as indicated
on the Zoning Map.
D.
Disputes regarding the boundaries of said zoning districts
shall be referred to the Zoning Board of Appeals for resolution. The
Zoning Board of Appeals may confer with the office of the Ontario
County Planning Department for clarification of the source and location
of digital features shown on said Zoning Map.
Where a district boundary divides a lot, the uses and the regulations of the less restricted portion of the lot may be extended not more than 50 feet into the more restricted portion, provided the lot has frontage on a street in the less restricted district. The uses and the regulations of the less restricted district may be extended farther into the more restricted district upon approval of the Board of Appeals granted in accordance with Article XI.
