Village of Naples, NY
Ontario County
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Table of Contents
Table of Contents

§ 385-9 General regulations for preservation of natural features.

Except as hereinafter otherwise provided:
A. 
Applicability of regulations. No building shall hereafter be erected and no existing building shall be moved, structurally altered, rebuilt, added to or enlarged, nor shall any land be used, for any purpose other than those included among the uses listed as permitted uses in each zone district of this chapter and meeting the requirements set forth herein. Open space contiguous to any building shall not be encroached upon or reduced in any manner, except in conformity with the area and bulk requirements, off-street parking requirements, and all other regulations required by this chapter for the zone district in which such building or space is located. In the event of such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter and the certificate of occupancy or certificate of compliance, as appropriate, shall become null and void upon conviction.
B. 
Preservation of natural features.
(1) 
No structure shall be built within 100 feet of the bed of a stream carrying water on an average of six months of the year, except for:
(a) 
Public bridges, public water works and other municipal public utility facilities.
(b) 
Such private bridges, fords, drainage conduits, embankments and similar structures as are necessary to permit access to a lot or portion thereof or as are incidental to a lawful use of a lot, provided that such structure will not have a material adverse effect on the stream, nor alter the flow of water therein, nor substantially increase the likelihood of flood or overflow in the area.
(2) 
No person shall strip, excavate or otherwise remove topsoil for use other than on the premises from which taken, except in connection with the approved construction or alteration of a building, swimming pool, or other use or structure on such premises pursuant to the provision of this chapter.
(3) 
No movement of earth or fill shall be permitted at any time in any district which adversely affects conditions on any other property.
(4) 
Whenever natural features such as trees, brooks, drainage channels and views interfere with the proposed use of property, the retention of the maximum amount of such features consistent with the intended use of the property shall be encouraged.
C. 
Regulations applicable to all zones.
(1) 
Junkyards, gravel pits, dog kennels and farm animals shall not be permitted in any district.
(2) 
Except as specifically provided herein, no lot shall have erected upon it more than one principal building or be allowed more than one principal use. No yard or other open space provided about any building for the purpose of complying with the provisions of this chapter shall be considered to provide a yard or open space for any other building.
(3) 
No site preparation or construction shall be commenced until final subdivision approval has been granted by the Planning Board and the subdivision map has been filed in the Ontario County Clerk's office and site plan approval has been granted by the Planning Board and all conditions of said approval have been met. Upon application the Planning Board may, in special circumstances, grant approval for site preparation in advance of final approval. Said application shall be supported by good and sufficient reasons for starting in advance of final approval and must contain adequate surety for the performance of the work.
(4) 
An accessory or storage building, including but not limited to a garage for the parking of passenger automobiles of residents on the premises, garden house, toolhouse, play house, and housing for domestic animals incidental to the residential use of the premises, shall be permitted, subject to the following:
[Amended 7-16-2008 by L.L. No. 4-2008]
(a) 
Accessory buildings attached to a principal building shall comply with the yard requirements of this chapter for the principal building.
(b) 
No more than two detached accessory buildings, excluding private garages, may be located on any one parcel of land in a residential district. An accessory building with less than 50 square feet of floor area shall not be included in determining the number of accessory building on a property.
(c) 
No detached or accessory structure in a residential district shall exceed 25 feet in height.
[Amended 5-19-2004 by L.L. No. 2-2004]
(d) 
With the exception of detached private garages, all detached accessory buildings shall be located in the rear yard and subject to the setback requirement of the schedule.[1] Detached garages shall be located to the rear of the front building line of the principal building and may be located in a side yard.
[1]
Editor's Note: See the Table of Dimensional Requirements at the end of this chapter.
(e) 
These provisions shall not apply to permitted uses in nonresidential districts, except that no detached accessory buildings incidental to permitted uses in such districts shall be closer to the street or right-of-way line than the minimum front yard setback for the principal building.
(f) 
The Planning Board may require detached accessory buildings to be fenced and/or buffered from adjacent properties consistent with approved site development plans in order to protect the value of adjacent properties.
(5) 
Every principal building shall have an access to a street, road or highway.
(6) 
At the intersection of two or more streets, no hedge, fence or wall (other than a single post or tree) which is higher than three feet above ground level measured at the edge of the pavement or at the curb, nor any obstruction to vision, including agricultural crops, shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 50 feet distant from said intersection. This triangular area shall be measured along the edge of the pavement or curb.
(7) 
Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard setback area shall be measured from such proposed right-of-way line.
(8) 
No business establishment shall place or display goods in excess of three feet from the store building front for purposes of sale. Any display that is considered to be unsightly or not compatible with the district shall be reviewed by the Village Planning Board. By way of the Planning Board's decision to remove the display, the Board will authorize the Code Enforcement Officer to have the display removed.
(9) 
For the purpose of regulating the location of buildings on corner lots, and on lots extending through between two parallel streets, all portions of a corner lot or a through lot which fronts on a public street shall be subject to the front yard requirements of the zone district in which said corner lot or through lot is located.
(10) 
No front yard shall be used for the open storage of any unlicensed vehicles, including boats, travel trailers, snowmobiles, snowmobile trailers and other similar equipment, on a residential lot except for registered vehicular parking on driveways. Such equipment may be stored in the rear of, or on the side of, the building but no closer than 10 feet to the rear or side lot line.
(11) 
No refrigerated commercial vehicle shall be parked out of doors overnight or on Sunday in a residential district.
(12) 
When a new lot is formed so as to include within its boundaries any part of a former lot on which there is an existing building or use, the subdivision must be carried out in such a manner as will not infringe upon any of the provisions of this chapter either with respect to any existing structures or use and any proposed structures or use or setbacks.
(13) 
Nothing in this chapter shall restrict the construction, use or maintenance of public buildings, structures or facilities, parks or other publicly owned properties or the installation and maintenance of such public utilities as may be required to service any district. All facilities shall be subject to the yard requirements of this chapter and to site plan review.
(14) 
Discharges from individual sewage disposal systems shall be in accordance with approved plans and the procedures and standards of the New York State Departments of Health and Environmental Conservation and Canandaigua Lake Watershed.
(15) 
All construction plans shall include consideration of water drainage needs. Site grading shall direct water away from buildings and structures to the natural drainageway. Any drainage affecting adjacent properties shall be considered by the Code Enforcement Officer.
(16) 
Any structure damaged by fire or other natural disaster and determined by the Code Enforcement Officer to be completely destroyed by fire shall require a new building permit before any reconstruction is started. A new certificate of occupancy shall also be required.
(17) 
Any structure partially destroyed by fire may be rebuilt in accordance with this chapter and the following additional provisions: all damage resulting from a fire, including but not limited to size of building, bearing walls, entranceway, and building materials, shall require a new building permit and said reconstruction shall meet or exceed the Uniform Code requirements and the provisions of this chapter.
(18) 
No more than one antenna or two small dishes (three feet in diameter or smaller) or one large dish (three feet in diameter or larger) shall be permitted on any lot in any district. The above shall not be combined for more than a total of two.
(19) 
No more than two dogs which are more than six months of age may be kept, bred or boarded within the confines of any lot.
(20) 
No lot may be used or occupied and no structure may be erected, maintained or used for the raising, harboring or housing of any farm animals, excluding horses.
(21) 
The dumping of refuse, waste material and other substances, excluding vegetative compost material, shall be prohibited in all districts. This subsection is not, however, to be construed as prohibiting filling to establish grades following the issuance of a permit by the Code Enforcement Officer. Materials used as fill to establish grades shall consist solely of clean dirt, gravel and other clean fill. All materials applied shall be leveled and covered with at least four inches of clean dirt and subject to approval of the Code Enforcement Officer.
(22) 
Garage/yard sales are permitted in all districts, including not more than three per lot in a twelve-month period. Each sale shall not span more than three consecutive days. Signage shall comply with Article XI of this chapter. Additional structure by permit only.
(23) 
Seasonal trade is permitted within the boundaries of the Village of Naples. Signage shall comply with Article XI of this chapter. Additional structures by permit only.
(24) 
No outdoor burning of any materials or waste matter will be allowed in any district.
(25) 
It shall be unlawful to dig a hole on any property and bury garbage or debris, including but not limited to waste materials, food with or without plastic bags, tires, rubber materials, plastics, refrigerators, stoves, metals, paints, empty paint cans, or any type of hazardous materials or liquids, waste construction materials, and any other materials that may be considered a contaminate to the soils.
[Amended 7-16-2008 by L.L. No. 4-2008]
(26) 
All accessory structures, attached or detached, shall meet the same front setback requirements as the principal structure and shall be not closer than eight feet to the side or rear lot lines.
[Added 7-16-2008 by L.L. No. 4-2008]

§ 385-10 Fences.

Fences erected in the Village shall adhere to the following standards:
A. 
Fences (constructed or grown) in the Village limits shall be maintained in appearance, stained or painted, safe, sound, and in an upright condition.
B. 
All fences when installed shall have the post located on the owner's side of the fence.
C. 
All fences may be installed up to the property line and have a zero-foot setback, except where other parts of this regulation have setbacks which shall apply. (See Subsections E, G and H for setbacks.)
D. 
Any type of fence or barrier grown or built located fronting a street or at an intersection shall have a maximum height of 36 inches so that it will not block the view of traffic. In the event it is grown, the barrier shall be maintained at the thirty-six-inch maximum height. All other areas may have a maximum height of six feet. All fencing shall be conventional type that could be obtained at any retail outlet.
E. 
In the event that the Village sidewalk fronts or joins the land to have a fence, barrier, planting, or landscape timbers, there shall be a minimum setback of three feet on the vertical. No plantings shall overhang the Village sidewalk at any time that will interfere with maintenance or walking traffic.
[Amended 7-16-2008 by L.L. No. 4-2008]
F. 
Any fence, barrier or plantings located at an intersection shall have a minimum setback of 10 feet from the edge of the street pavement.
G. 
Fencing used to enclose a tennis court may be permitted up to 10 feet in height, provided that such fencing is not less than 25 feet from either the side or rear property line.
H. 
Fences can be attached to a building or structure at either end. Fences that are erected to run past a building or a structure shall have a minimum setback of 10 feet from any building or structure.
I. 
Corner fences and shrubs shall not block the view of traffic, so a driver can safely enter into the flow of traffic.
J. 
No fence shall be erected to encroach on any property line or upon a public right-of-way.
K. 
A survey map shall be provided prior to obtaining a building permit.

§ 385-11 (Reserved) [1]

[1]
Editor's Note: Former § 385-11. Equestrian husbandry, as amended, was repealed 1-21-2009 by L.L. No. 1-2009.

§ 385-12 Property maintenance.

A. 
It shall be unlawful for any person, as owner, occupant, lessee, agent or in any other capacity, to store, deposit, place, maintain or cause or permit to be stored, deposited, placed or maintained outdoors any abandoned, junked, discharged, wholly or partially dismantled or unlicensed motor vehicles or vehicle, motorized equipment, appliance, rubbish, litter and garbage.
B. 
No appliance may be discarded, abandoned or stored in a place accessible to children without first completely removing any locking device and all doors.

§ 385-13 Procedures for septic system inspections.

[Added 5-17-2000 by L.L. No. 1-2000]
For an individual to receive an official septic system inspection within the Village, the septic system must be inspected and approved by the Code Enforcement Officer. Inspections done by anyone else will not be considered a valid inspection from the Village.
A. 
Inspections shall include the following requirements:
(1) 
How many bedrooms?
(2) 
When was the tank last pumped?
(3) 
Is the size and condition of the septic tank, including baffles, acceptable?
(4) 
Is the condition of the distribution/drop box acceptable?
(5) 
Is the septic system (absorption field) less than 100 feet from a well, lake, stream or pond?
(6) 
If there is a pump system, is there an alarm and does it function?
(7) 
Does the grass over the leach field appear much greener than surrounding area?
(8) 
Is there any standing water, soggy ground or smelly liquid near the leach field?
(9) 
Is there any surface discharge or evidence of questionable pipes in the area of the leach field?
(10) 
Does all wastewater discharge to the septic system, i.e., kitchen, laundry, sinks, tubs, etc.?
(11) 
Are there any plumbing connections that may impose adverse hydraulic loading, i.e., sump pump, floor drain, water softener, etc.?
(12) 
If the system is a holding tank, is there an alarm and does it function?
B. 
The answers to the above questions will determine if the septic system is acceptable or will need modifications, repair or replacement to be able to meet state health standards as best as possible.

§ 385-14 Construction safety barriers.

[Added 5-17-2000 by L.L. No. 1-2000]
The construction of a safety barrier shall require a separate installation permit. A safety barrier shall not be erected until the actual work has started and shall be removed immediately when the safety hazard of construction has been eliminated from the construction site. The materials used to erect the barrier shall be made safe for the benefit of the general public. When possible a set period of time for the removal of the safety barrier will be stated on the permit.

§ 385-15 Tattoo/body piercing parlors.

[Added 4-21-2003 by L.L. No. 2-2003]
A. 
No tattoo/body piercing parlor, as hereinafter defined, shall be operated within the Village of Naples, except upon the issuance of a special use permit, upon the terms and conditions set forth in this section.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BODY PIERCING
The piercing of any part of the body, except the ear.
HEALTH OFFICER
The Health Officer of the Village of Naples.
MINOR
Any person under the age of 18 years.
TATTOO
The marking or coloring of the skin by pricking in coloring matter so as to form indelible marks or figures.
TATTOO/BODY PIERCING ARTIST
Any person who actually performs the work of tattooing or body piercing.
TATTOO/BODY PIERCING OPERATOR
Any person who owns, controls, operates, conducts or manages any tattoo/body piercing parlor, whether or not such person actually performs the work of tattooing/body piercing.
TATTOO/BODY PIERCING PARLOR
Any property or portion thereof, the use of which is devoted in whole or in part to the application of one or more tattoos or body piercings upon a person.
C. 
The special use permit required by this section shall be issued by the Planning Board after a public hearing as required by this chapter and only upon the following conditions:
(1) 
All tattoo/body piercing artists shall have obtained a permit as required by the laws or regulations of the State of New York.[1] All permits shall be kept current and shall be posted in a conspicuous place within the parlor.
[1]
Editor's Note: See Public Health Law § 460 et seq.
(2) 
All tattoo/body piercing parlors shall be located in a C-2 District.
(3) 
The owner of the premises upon which a tattoo/body piercing parlor is operated shall comply with all applicable New York State Fire and Building Codes and Department of Health regulations, rules, and orders.
(4) 
The regulation of the parking with respect to a tattoo/body piercing parlor shall be governed by that part of Article IX of this chapter applicable to retail uses.
(5) 
The minimum floor space of a tattoo/body piercing parlor shall be at least three 300 square feet.
(6) 
Signage shall be governed by that part of § 385-38 of this chapter applicable to signs in commercial districts.
(7) 
No flashing signs shall be visible from outside the building in which a tattoo/body piercing parlor is operated.
(8) 
The internal operations of the tattoo/body piercing parlor shall not be visible from outside the building in which the tattoo/body piercing parlor is operated.
(9) 
Only retail items which relate directly to the tattooing/body piercing process may be sold on the premises.
(10) 
No tattoo or body piercing shall be provided to a person who is a minor, unless the minor is accompanied by a parent or guardian. The violation of this condition shall result in an immediate review of the special use permit by the Planning Board and shall be grounds for the immediate revocation of the permit.
(11) 
In the event that there are three written violations filed in the office of Code Enforcement of the Village alleging violation of any state or local law, ordinance, rule, regulation, or order upon the premises during the term of issuance of the special use permit, the special use permit shall be reviewed by the Planning Board and may be subject to revocation.
(12) 
Each tattoo/body piercing parlor shall have a work room separate and apart from a waiting room or any room or rooms used as such. The work room shall not be used as a corridor for access to other rooms. Patrons or customers shall be tattooed or pierced only in said work room.
(13) 
The special use permit (SUP) granted by the Planning Board shall be valid for 12 months only from the date of issuance. A written application for the renewal of the SUP shall be made, on a form prescribed by the Planning Board, two months prior to the expiration date of the SUP. This will allow time for the Planning Board to schedule a public hearing prior to the expiration date of the SUP. Attendance of the applicant or his/her agent shall be mandatory at the Planning Board's public hearing at which the renewal of the permit is considered. Should the applicant wish to be represented by an agent at the public hearing, the applicant must identify the agent in writing to the Planning Board prior to the public hearing. The failure of the applicant or his/her agent to appear shall result in the permit not being renewed.
(14) 
By the issuance and acceptance of a special use permit, the tattoo/body piercing operator shall be deemed to have consented to inspections of the tattoo/body piercing parlor by agents or employees of the Village or by public health officials at any time during regular business hours.
(15) 
All property owners who own property adjacent to the premises for which a special use permit or renewal thereof is sought under this section shall be notified in writing of the date, time, and place of the public hearing to be conducted by the Planning Board with respect to the application for the permit or renewal. The notice shall be sent to each owner by certified mail, return receipt requested, at least 10 days prior to the date of the hearing.