Single-family dwellings may be converted into
a two-family dwelling in the Ag, R-1 and R-2 Districts. A single-family
dwelling may be converted into a three- or four-family dwelling in
an R-2 District. A conversion may take place if the following conditions
are met:
A.
Each living unit must contain at least 600 square
feet and must be separate from the other living units.
B.
The basement cannot be occupied as a living unit nor
counted in determining the living unit space, unless the basement
conforms to the New York State Building Code.
C.
The sewage system must be sized and approved by the
appropriate health authorities.
D.
All electrical wiring must meet the approval of a
certified electrical inspector.
F.
The use of common cooking areas or bathrooms is prohibited.
G.
The conversion must be in a dwelling that existed
prior to the adoption of this chapter.
[Amended 7-9-2007 by L.L.
No. 2-2007]
Single-family residential cluster developments are a permitted
special use in the Agricultural-Conservation District subject to the
following standards and criteria:
A.
The minimum
size of a single-family residential cluster development shall be 15
acres.
B.
Minimum
lot size shall be 1 1/2 acres.
C.
Minimum
open space shall be 25% of the land being cluster developed, exclusive
of public roads, private roads, private drives, utility substations,
sidewalks and residential lots.
D.
Cluster
development shall be subject to site plan review.
F.
Each proposed
cluster development shall be subject to review at a public hearing
held pursuant to the provisions of Town Law § 276 or any amendment
thereof.
G.
The Planning
Board shall approve and/or establish such conditions on the ownership,
use and maintenance of the open space lands as it deems necessary
to assure the preservation of the natural and scenic qualities of
such open space lands. The Planning Board may also approve and/or
establish the use of a portion of the open space land for the recreational
use of the residents of the cluster development.
H.
A cluster
development shall result in a permitted number of building lots which
shall in no case exceed the number which could be permitted, in the
Planning Board's sole judgment, if the land were subdivided into lots
conforming to the minimum lot size in the Agricultural-Conservation
District.
A.
For the specific uses listed below, and for each building
or structure hereafter erected, constructed, reconstructed, moved
or structurally altered, the following parking spaces shall be provided
and maintained on the same lot with the building or structure, except
as herein provided:
(1)
At least two parking spaces for each dwelling unit.
(2)
Residential and transient motels and hotels, at least
one parking space for each guest bedroom.
(3)
Churches, auditoriums, theaters, funeral homes, and
other places of public assembly, at least one parking space for each
eight seats at maximum capacity.
(4)
Offices, at least one parking space for each 250 square
feet of gross floor area for office purposes.
(5)
Stores, at least one parking space for each 100 square
feet of gross floor used for sale purposes.
(6)
Industrial, warehousing or manufacturing establishments,
at least one parking space for each 500 square feet of gross floor
area.
(7)
Restaurants, at least one parking space for each 60
square feet of gross floor area used for the preparation and serving
of food and drink in any form.
(8)
Institutions, hospitals, nursing homes, at least one
parking space for each four patients or residents, and at least one
parking space for each two employees.
(9)
Home occupations, off-street parking must be limited
to one to two, but not more than three, parking spaces for business
purposes.
B.
On-site requirements may be modified by the Planning
Board up to 50% of the spaces required, provided that identical space
is provided in a permanent and accessible manner by the applicant
within 500 feet of the property upon which the building or structure
is located.
[Amended 2-13-2006 by L.L. No. 2-2006]
No permit shall be issued as required by § 132-16A except pursuant hereto.
A.
Application for construction, excavation or other
development in areas having a slope of 15% or greater but less than
50%.
(1)
The application shall include the following information
and/or documentation unless waived by the Code Enforcement Officer:
(a)
Site plan of property at a scale of one inch
equals 50 feet indicating existing grades with contour lines at two-foot
intervals and proposed grades within the area of the proposed construction;
(b)
Landscaping plan indicating proposed paved areas,
storm drainage facilities, retaining walls, and ground cover, as well
as the locations of trees and ornamental shrubs;
(c)
Architectural plans, elevations, and sections
of the structures and related improvements;
(d)
A statement prepared by a licensed architect,
registered landscape architect or engineer stating an explanation
of the methods to be used in overcoming foundation and other structural
problems created by slope conditions, in preserving the natural watershed,
and in preventing soil erosion; and
(e)
A plan submitted under the seal of a licensed
professional engineer showing and certifying the following:
[1]
All existing and proposed natural and artificial
drainage courses and other features for the control of drainage, erosion
and water;
[2]
The calculated volume of water runoff from the
slopes and from the lot in question, as unimproved;
[3]
The calculated volume of water runoff from the
slopes and from the lot in question, as improved;
[4]
The existence, location, and capacity of all
natural and artificial drainage courses; and facilities within 500
feet of the lot, which are or will be used to carry or contain the
water runoff from the slope and the lot; and
[5]
The effect of any increased water runoff on
all adjacent properties and any other property which will be materially
affected by increased water runoff.
(f)
Any other information and/or documentation deemed
necessary and pertinent by the Code Enforcement Officer. In the event
that the Code Enforcement Officer waives any of the requirements set
forth herein, the particular items waived shall be itemized and the
reasons for such waiver shall be specified in writing and attached
to the application package.
(2)
The Code Enforcement Officer shall, upon review of
the application and supporting documents required herein, determine
whether the proposed development plan complies with all applicable
codes and regulations and either approve or disapprove the application.
The Code Enforcement Officer may, in his discretion, consult with
the Town Engineer regarding any issue or issues deemed relevant to
the approval or disapproval of any application submitted pursuant
hereto.
B.
Application for construction, excavation or other development in areas having a slope of 50% or greater shall contain all the information and documentation required pursuant to Subsection A of this section together with any other information and/or documentation deemed necessary and pertinent by the Code Enforcement Officer or Town Engineer. The application, together with the supporting information and documentation, shall be submitted by the Code Enforcement Officer to the Town Engineer for review and approval. The Town Engineer shall submit a written report of findings to the Code Enforcement Officer, a copy of which shall be provided to the applicant in a timely fashion. The Code Enforcement Officer, upon receipt of the report by the Town Engineer, shall either approve or disapprove the application.
C.
The Zoning Board of Appeals may not grant a variance
with respect to such slope regulations without a demonstration that:
(1)
The disturbance of the slope area will be to the minimum
extent consistent with the use of the lot and be otherwise consistent
with the objective of this chapter;
(2)
Appropriate mitigation measures will be taken to prevent,
to the maximum extent practical, the adverse environmental effect
of such disturbance of the slope area; and
D.
The computation of slope percentage is made by utilizing
a fraction in which the vertical distance (rise) is the numerator
and the horizontal distance (run) is the denominator, calculated at
ten-foot increments of vertical distance, and then converting to percentage
(e.g., a ten-foot change in elevation over a horizontal distance of
25 feet is a forty-percent slope).
E.
The Code Enforcement Officer shall make the determination
of whether the proposed development site is on land of fifteen-percent
slope or greater, or 50% or greater, in one of the following two methods:
F.
In the event that an applicant believes that the determination
of the Code Enforcement Officer is incorrect, the applicant shall
provide a contour map at two-foot intervals of all areas to be disturbed,
prepared by a licensed engineer, architect, landscape architect, or
land surveyor to refute the determination of the Zoning Enforcement
Officer.
[Added 10-12-2015 by L.L.
No. 2-2015]
A.
Intent. The purpose of this section is to provide opportunities for
economic advancement among residents of the Town while protecting
the character of residential and agricultural areas of the Town. Home
occupations established pursuant to this section are expected to blend
in with the existing character of the area in which they are located
and are to be secondary and clearly accessory to the primary residential
or agricultural use of the property.
B.
Type of business. A variety of commercial and manufacturing uses
may be permitted, provided that the requirements of this section are
met. Included in this definition shall be offices for a physician,
dentist, chiropractor, architect, engineer, land surveyor, landscape
architect, realtor, certified public accountant, attorney, podiatrist,
and similar professions requiring a license issued by the State of
New York. Individual services, such as instruction in musical instruments
limited to a single pupil at a time, financial services, insurance
sales, barber, dressmaker, milliner, seamstress, cosmetologist, and
similar services offering skilled services to clients or the public,
shall be deemed included in this definition. The manufacture or production
of crafts, furniture, machine parts, electronic parts, food items,
or any nonexplosive or nonhazardous products for wholesale or retail
sale shall be included in this definition. The retail sale of groceries
to the public, dancing instruction, tea rooms, convalescent homes,
and mortuaries shall not be deemed to be home occupations.
C.
Neighborhood character. The appearance of the structure shall not
be altered and the home occupation shall not be conducted in a manner
that would cause the premises to differ from its existing neighborhood
character either by the use of colors, materials, construction, lighting,
signs, or the emission of sounds, noises or vibrations. No lights
or noise from the home occupation shall be noticeable at any time
from any public street or neighboring property.
D.
Operation and employees.
E.
Floor area.
(1)
No more than 25% of the gross floor area of a dwelling shall be used
for the conduct of a home occupation, up to a maximum of 750 square
feet, provided that the portion of the dwelling used for residential
purposes shall comply with all applicable laws and codes.
(2)
The entire gross floor area of no more than one detached accessory
structure may also be permitted for use of a home occupation, in addition
to space within the dwelling.
F.
Outdoor storage of equipment and materials.
(1)
In the R-1 and R-2 Districts, no outside storage of materials used
in the home occupation shall be permitted. In the Ag District, any
outside storage shall be adequately screened from view from public
streets and neighboring property. Such screening may consist of vegetation,
fencing, or a combination thereof.
(2)
A maximum of two pieces of equipment, other than commercial vehicles,
may be parked outdoors on the lot. Such equipment shall be operable
and necessary for the conduct of the home occupation.
(3)
Outdoor storage of equipment used for the home occupation shall only
be permitted in the rear yard. Such equipment shall be completely
screened from view from neighboring properties and public roads.
G.
Outdoor display of goods. No outdoor display of goods shall be permitted.
I.
Commercial vehicles. In the R-1 and R-2 Districts, no more than two commercial vehicles, as defined herein, may be used in connection with the home occupation. Such vehicles may be parked outside, but not within the setbacks specified in Subsection M of this section.
J.
Hours of operation. The home occupation shall be conducted in such
a manner that all the clients, customers and others coming to do occupation
at the site of the home occupation shall arrive and depart between
the hours of 7:00 a.m. and 9:00 p.m. The Planning Board may specify
other shorter hours of operation where the Planning Board finds such
necessary to ensure there is no negative impact from the home occupation
on neighboring properties or on the character of the neighborhood.
K.
Number of home occupations permitted. More than one home occupation
may be permitted for each residential property, provided that the
combined impact of such home occupation does not exceed any of the
thresholds established in this section.
L.
Parking. Off-street parking shall be provided in accordance with the provisions of § 132-29. The off-street parking for the home occupation shall be in addition to the parking required for the residence.
M.
Setbacks. Any accessory building used in conjunction with the home
occupation shall be set back a minimum of 75 feet from all side and
rear property lines. Off-street parking and loading spaces, as well
as outdoor storage and display, shall be set back a minimum of 50
feet from all side and rear property lines and not less than 75 feet
from all public rights-of-way.
[1]
Editor's Note: Former § 132-31, Planning Board
review of cluster development, was repealed 7-9-2007 by L.L. No. 2-2007.
[Added 10-12-2015 by L.L.
No. 2-2015]
A.
Intent. The purpose of this section is to provide opportunities for
seasonal business activities in support of local fairs, festivals,
and similar events.
B.
General requirements:
(1)
Shall comply with all requirements of § 132-31 of this chapter, except as otherwise stated in this section.
(2)
The local fair, festival, or similar event shall be one designated
by, recognized by, or permitted by the Town of Naples or Village of
Naples, such as but not limited to the Grape Festival.
C.
Type of business. The manufacture and sale of crafts and/or food
items in support of local fairs, festivals, and similar events on
a short-term basis constitutes a short-term home occupation. All short-term
home occupation activities shall be contained within an existing building
or in temporary buildings such as tents, food trucks, or other portable
buildings and structures erected solely for the duration of the activity.
In no case shall the activity require the construction of a permanent
building.
D.
Operation and employees. No more than 10 persons, other than members
of the family occupying such dwelling, shall be employed in such short-term
home occupation at any one time.
F.
Outdoor storage of equipment and materials.
(1)
In the R-1 and R-2 Districts, no outside storage of materials
used in the short-term home occupation shall be permitted. In the
Ag District, any outside storage shall be adequately screened from
view from public streets and neighboring property. Such screening
may consist of vegetation, fencing, or a combination.
(2)
Display tables, tents, food trucks, and other temporary and/or
portable buildings may be used.
G.
Outdoor display of goods. Short-term home occupations shall be allowed
only for the duration of the festival, fair, or similar event.
I.
Number of clients. No limit shall be placed on the number of clients,
except that in no case shall the maximum occupancy of a dwelling or
structure exceed what is permitted under the New York State Uniform
Fire Prevention and Building Code.
J.
Hours of operation. Retail sales shall be limited to the hours of
the fair, festival, or event.
K.
Setbacks. Every accessory building, temporary building, tent, food
truck, or portable structure used in conjunction with the short-term
home occupation shall be set back a minimum of 10 feet from all side
and rear property lines.
Swimming pools are allowed as an accessory use
in residential districts or as accessory uses for residences in any
other district if the following are met:
A.
Such pool shall not be located nearer than 10 feet
from the rear or side property line and may not be located in the
front yard, and not nearer than 10 feet from the principal structure.
B.
There shall be erected and maintained for all in-ground
pools, and aboveground pools of less than four feet, a fence having
a minimum height of four feet, enclosing said pool on all sides, with
an access gate with lock. Such gate shall be locked when the pool
is not in use or while the pool is not under supervision. Aboveground
pools of more than four feet may have a removable ladder in lieu of
fencing.
C.
The fence shall be of a permanent nature and shall
not be of a type known as "snow fence," nor so-called chicken wire
or similar material, nor shall the fence be easily climbed or crawled
under.
D.
Lighting shall not be directed at adjacent properties
nor shall any electrical wiring be strung over the pool surface. All
wiring closer than 10 feet to the edge of the pool shall be underground
except for properly grounded receptacles or connections.
E.
Nothing herein shall apply to wading pools as herein
defined.
