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

§ 385-17 Residential District (R-1).

The purpose of the Residential District (R-1) is to promote orderly, low-density development of single-family dwelling units in residential neighborhoods. It is also the declared purpose of these regulations that these single-family neighborhoods shall be free from other uses except those listed herein and hereby declared to be compatible with the residential character of this district.
A. 
Permitted principal uses.
[Amended 5-16-2007 by L.L. No. 3-2007; 7-16-2008 by L.L. No. 4-2008]
(1) 
One single-family dwelling per lot.
B. 
Permitted accessory uses or structures.
(1) 
Private garages, or carports, for off-street parking.
(2) 
Customary accessory structures serving residential uses, including but not limited to private swimming pools, hot tubs, storage buildings, pet shelters and barbecues.
(3) 
Fencing in accordance with the provision of this chapter.
(4) 
Customary home occupations, such as dressmaking, millinery, laundering, preserving and home cooking, and child care centers, or customary home profession occupations, such as the office of a physician, dentist, musician, teacher, lawyer or member of some other recognized profession or the studio of an artist or the office of a resident agent such as real estate or insurance agent. Such occupations shall:
[Amended 7-16-2008 by L.L. No. 4-2008]
(a) 
Be conducted only by owners on the premises;
(b) 
Be carried on only in the dwelling or its accessory buildings;
(c) 
Occupy no more than 1/2 of the habitable floor space of the floor on which they are conducted or 25% of the gross floor area, whichever is the smaller;
(d) 
Restrict signage in accordance with Article XI; and
(e) 
Provide off-street parking in accordance with Article IX.
(5) 
Other antennas or towers may be either ground mounted or mounted on or attached to a building for support. A building permit issued by the Code Enforcement Officer shall be required prior to placing a ground-mounted antenna in operation.
[Amended 7-16-2008 by L.L. No. 4-2008]
(6) 
An antenna or tower which is ground mounted shall be located in the rear yard only. Antennas or ground-mounted towers shall be set back from all other structures and all property lines a distance which is not less than 1 1/2 times the distance between the highest part of such antenna or tower and the ground. Guy wires, anchors and other supports for an antenna shall not be closer than 10 feet to any property line.
(7) 
Other accessory uses not specified herein may be authorized by the Zoning Board of Appeals, provided that the Board determines that such uses are clearly accessory to the permitted principal use on the lot and consistent with the purpose and intent of the zone district and this chapter.
[Amended 7-16-2008 by L.L. No. 4-2008]
C. 
Dimensional requirements. The dimensional requirements for this district are specified in the zoning schedule which is part of this chapter.[1] The minimum living space for a dwelling unit shall be 900 square feet.
[1]
Editor's Note: See the Table of Dimensional Requirements at the end of this chapter.
D. 
Permitted special uses. The following uses may be permitted provided that a special use permit is approved by the Planning Board and issued by the CEO:
[Amended 5-23-2001 by L.L. No. 1-2001]
(1) 
Single-family conversions to a two-family dwelling in accordance with the standards set forth in § 385-18H of this chapter.
[Amended 5-16-2007 by L.L. No. 3-2007]
(2) 
Equestrian husbandry.
(3) 
Windmills and wind generators.
(4) 
Public and semipublic buildings and grounds.
[Amended 5-16-2007 by L.L. No. 3-2007]
(5) 
Cluster residential developments.
(6) 
Tourist homes/bed-and-breakfast uses.
(7) 
Dwelling accessory apartment unit.
E. 
Off-street parking requirements and loading requirements. The off-street parking regulations are specified in Article IX of this chapter.
F. 
Signs. Signs are permitted as listed in Article XI of this chapter.
G. 
Site plan approval. Site plan approval shall be required when building any new building or structure or addition, installing a swimming pool, installing a fence, building any accessory structure, garage or barn, or placing or building storage sheds of any size, carports, porches and decks.
H. 
No lot shall be used for the outside storage of an unlicensed, unregistered, uncovered and uninspected vehicle(s) unless said vehicle(s) is being offered for sale in accordance with the following provisions: the parking of not more than one unregistered motor vehicle at any one time for sale on the premises of the principal residential structure subject further to the following conditions:
(1) 
Only two unregistered vehicles, for which the resident holds title thereto, may be sold or offered for sale in any twelve-month period.
(2) 
Each vehicle to be displayed for sale shall require a temporary use permit issued by the Code Enforcement Officer. Said permit shall be affixed to the inside window of the vehicle. Said permit shall state that the Village of Naples has no liability as to the warranty or condition of said motor vehicle.
(3) 
Each temporary use permit shall be valid for a period of 30 days and may be renewed by the Code Enforcement Officer once for an additional period not to exceed 30 days.
(4) 
In no event shall a vehicle be displayed for sale for a period which exceeds 60 days during any twelve-month period commencing with the date of first issuance of the temporary use permit.
(5) 
Each vehicle displayed for sale shall have a "for sale" sign affixed to the windshield.
(6) 
No unregistered vehicle advertised for sale shall be parked within any public right-of-way.
I. 
Lighting. All exterior illumination shall be shielded from the view of all surrounding properties and streets.

§ 385-18 Residential District (R-2).

A. 
Purpose. The purpose of the Residential District (R-2) is to establish and preserve medium-density residential districts, excluding uses which are not compatible with residential uses but permitting certain nonresidential uses which are of particular convenience to the residents of the district.
B. 
Permitted principal uses.
(1) 
All permitted uses in the R-1 District.
(2) 
Apartment houses and multiple-family dwellings.
(3) 
Two-family dwelling unit structures.
(4) 
Public parks and playgrounds.
(5) 
Public buildings and grounds, excluding maintenance, storage or repair facilities.
(6) 
Public or private school accredited by the New York State Department of Education.
C. 
Permitted accessory uses and structures.
(1) 
Customary accessory uses and buildings designed as an integral part of the multifamily development and scaled for the exclusive use of the development.
(2) 
Private recreational facilities and uses.
(3) 
Swimming pool(s).
(4) 
Off-street parking areas, garage or carports.
(5) 
Fencing in accordance with the provisions of this chapter.
(6) 
Home occupations as provided in Subsection I of this section.
[Added 7-16-2008 by L.L. No. 4-2008]
D. 
Dimensional requirements. The dimensional requirements for this district are specified in the zoning schedule which is made a part of this chapter.[1] The minimum living space for a dwelling unit shall be 900 square feet.
[1]
Editor's Note: See the Table of Dimensional Requirements at the end of this chapter.
E. 
Special permitted uses. The following uses may be permitted in the Residential District (R-2) consistent with the provisions of the Table of Dimensional Requirements and provided that a special use permit is approved by the Planning Board:
(1) 
Townhouse clusters and developments.
(2) 
Rooming houses.
(3) 
Residential conversions.
(4) 
Equestrian husbandry.
F. 
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article IX of this chapter.
G. 
Signs. Signs are permitted as listed in Article XI of this chapter.
H. 
Single-family conversions to a two-family dwelling special use permit conditions. A single-family residence may only be converted into two family dwelling units in any residential district in order to maintain the character of the neighborhood and the health, safety and welfare of its citizens. The following standards are required:
[Amended 5-23-2001 by L.L. No. 1-2001]
(1) 
The existing architectural design of the house shall not be changed or altered in any manner.
(2) 
All parking for the dwelling shall be to the side and/or rear of the house. There shall be no parking in front of the house and Article IX, Parking Requirements, shall be met.
(3) 
There shall be a buffer between properties, height not to exceed six feet if it is a solid fence.
(4) 
The premises shall have a designated area for refuse with closed/locked containers.
(5) 
Shielded lighting shall be sufficient to light the entranceways into the house but shall not be offensive to the neighboring homes.
(6) 
The owner shall provide a current certificate of electrical inspection, free and clear of any defects, from electrical underwriter inspector.
(7) 
There shall be a separate ingress and egress to the house.
(8) 
Each dwelling unit shall have a minimum of 900 square feet of floor space.
[Amended 5-16-2007 by L.L. No. 3-2007]
(9) 
Each dwelling space shall have adequate provision for fire escape.
(10) 
There shall be an official septic system inspection by the CEO for proper sizing and working order. This requirement shall not be waived.
(11) 
Site plan conditions shall be met. See Article XVII.
(12) 
Upon a property transfer, the special use permit shall become null and void and the new owners may reapply for the special use permit if they wish to continue with the special use.
(13) 
Should the CEO find any of the above special use permit conditions to be out of compliance, he shall give the owner a written violation, with its consequences, and notify the VPB. At such time as the owner has accumulated three written violations for his special use permit, the CEO shall notify the Planning Board and the owner's special use permit shall be revoked within 30 days.
I. 
Home occupations.
(1) 
Special use permit required. All home occupations must have a special use permit with Planning Board approval.
(2) 
Where permitted. Home occupations are permitted within a structure housing only one dwelling unit or in a building or other structure accessory to a dwelling unit. Only the person or persons residing in the dwelling and not more than one person shall be employed in the home occupation.
(3) 
Evidence of use. The home occupation does not display or create outside the building any evidence of the home occupation. The use may have signs that comply with Article XI of this chapter.
(4) 
Extent of use. The home occupation shall be regulated by the New York State Uniform Fire Prevention and Building Code (NYCRR).
(5) 
Permitted uses. Permitted use includes not more than one of the following uses, provided that such uses are clearly incidental and secondary to the use of the dwelling unit for residential purposes:
(a) 
Professional office of a physician, dentist, lawyer, engineer, architect and similar professions.
(b) 
Antique shop.
(c) 
Art or photographic studio.
(d) 
Dressmaker or seamstress.
(e) 
Tea room associated with a bed-and-breakfast.
(f) 
Teaching of musical instruments limited to one pupil at a time.
(g) 
Barber or beauty shop operated only by the resident of the premises and in which no nonresidents are employed or engaged. However, a home occupation shall not be interpreted to include a barbershop or beauty parlor or other use in which nonresidents of the premises are employed or engaged.
(h) 
Boardinghouse.
(i) 
Child care center.
[Amended 7-16-2008 by L.L. No. 4-2008]
(j) 
Mortuary establishment.
J. 
Site plan approval. Site plan shall be required when building any new building or structure or addition, installing a swimming pool, installing a fence, building any accessory structure, garage, or barn, or placing or building storage sheds of any size, carports, porches and decks.

§ 385-19 Commercial District (C-1).

[Amended 5-15-2002 by L.L. No. 2-2002; 9-15-2004 by L.L. No. 3-2004]
The purpose of the C-1 Commercial District is to provide integrated and planned commercial areas, goods and services necessary to serve the needs of the population.
A. 
Permitted principal uses. All permitted principal uses shall be reviewed by the Planning Board prior to a new business opening and operating, or prior to the relocation of an existing business. Planning Board review shall also be required whenever there is a change in the type of business conducted on the premises, regardless of the identity of the owner. The review process shall also be required for any changes of a different occupant for an existing business and/or change of type of business with the same occupant.
[Amended 5-16-2007 by L.L. No. 3-2007]
(1) 
Generally recognized retail business and personal services establishments which perform on the premises such as:
(a) 
Administrative.
(b) 
Pharmacies.
(c) 
Banks.
(d) 
Professional personal services (i.e., dentist, doctor).
(e) 
Grocery stores.
(f) 
Clothing stores.
(g) 
Art supply stores.
(h) 
Restaurants.
(i) 
Self-service laundries.
(j) 
Beauty parlors, tanning salons, and barbershops.
(k) 
Fitness centers.
(l) 
Photographic studios.
(m) 
Florist shops.
(n) 
Art galleries.
(o) 
Hardware stores.
(p) 
Storage.
(q) 
Essential services.
(2) 
The following conditions shall be reviewed by the Village Planning Board for all permitted principal uses:
(a) 
Type of operation.
(b) 
Hours of operation.
(c) 
Signage size, type of sign, and proposed installation, hanging or wall.
(d) 
Exterior lighting, type and installation.
(e) 
Parking.
(f) 
The proposed handling of any toxins or hazardous materials.
(g) 
The proposed disposal of any toxins or hazardous materials.
(h) 
The type of control and storage to be used for any toxic or hazardous materials.
(i) 
The type of control on any toxic or hazardous fumes that may come from the business operation.
(j) 
Type of remodeling or alterations that may take place, interior or exterior.
(k) 
The location and type of loading and unloading.
(l) 
The proposed increase of hydraulic loading on the existing wastewater treatment system and any grease increase will require at minimum an under-the-sink grease trap; a different design may be needed or required for a grease trap. The public water supply line to the building will need the protection of a backflow prevention device.
(3) 
The applicant who requests a change from one permitted principal use to another permitted principal use is hereby referred to § 385-51A and B of this chapter for general procedures to request such a change.
(4) 
Please be aware that permitted principal uses are allowed uses and the Planning Board review is to ensure health, safety and the general welfare of the public. The review is a process that addresses the proposed method of operation to make sure that the business does in fact fall within the guidelines of this chapter for permitted principal uses. This is not a decisionmaking process but an administrative review process to ensure that the business is meeting the above conditions.
B. 
Permitted accessory uses and structures.
(1) 
Private garages and storage buildings which are necessary to store any commercial vehicles, equipment or materials on the premises and which are used in conjunction with a permitted business use.
(2) 
Outdoor storage areas of products sold on the premises, provided that such areas are not located in the front yard portion of the lot. All outdoor storage areas shall be fenced on all sides except those not immediately adjacent to the side of a building.
(3) 
Awning with signage.
(a) 
The minimum frame height shall be eight feet.
(b) 
The minimum height from the sidewalk to the bottom of the awning canvas shall be seven feet two inches.
(4) 
No person shall place or display goods or allow the same within 10 feet of the highway curb or the edge of the blacktop, or within the highway right-of-way. Any display considered to be unsightly, incompatible or inconsistent with the character of the district shall be reviewed by the Village Planning Board. A written notice of the Planning Board's review meeting shall be sent to the property owner by certified mail, return receipt requested, a minimum of 15 days prior to the date of the meeting. If the Planning Board's decision is to remove the display, the Planning Board will authorize the Code Enforcement Officer to have the display removed by lawful process.
C. 
Dimensional requirements. The dimensional requirements in the C-1 Commercial District are specified in the zoning schedule which is part of this chapter.[1]
[1]
Editor's Note: See the Table of Dimensional Requirements at the end of this chapter.
D. 
Special permitted uses. The following permitted special uses may be permitted in the C-1 Commercial District with Planning Board approval and a special use permit:
(1) 
Arcades and game rooms.
(2) 
Conversion into apartments. The second story only of any commercial use may be converted into a maximum of four family dwelling units if the following conditions are met: the conversion shall meet the requirements of the applicable provisions of this chapter and the New York State Uniform Fire Prevention and Building Code.
(3) 
Bed-and-breakfast.
(4) 
Farm winery.
[Added 4-8-2009 by L.L. No. 2-2009]
(5) 
Microbrewery.
[Added 4-8-2009 by L.L. No. 2-2009]
(6) 
Class A-1 distillery.
[Added 4-8-2009 by L.L. No. 2-2009]
(7) 
Cider producer.
[Added 4-8-2009 by L.L. No. 2-2009]
(8) 
The production and sale at wholesale of maple syrup and grape juice.
[Added 4-8-2009 by L.L. No. 2-2009]
E. 
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article IX of this chapter.
F. 
Signs. Signs are permitted as listed in Article XI of this chapter.
G. 
Site plan approval. Site plan approval, as required in Article XVII of this chapter, shall be obtained for the C-1 District when any change of use is proposed.

§ 385-20 Highway Commercial District (C-2).

[Amended 4-21-2003 by L.L. No. 2-2003; 9-15-2004 by L.L. No. 3-2004]
The purpose of this district is to delineate commercial areas that are intended for commercial structures and uses that principally serve highway uses and do not reflect the character of C-1.
A. 
Permitted principal uses. All permitted principal uses shall be reviewed by the Village Planning Board prior to a new business opening and operating or the relocation of a existing business. The review process shall also be required for any changes of a different occupant for an existing business and/or change of type of business with the same occupant.
(1) 
Generally recognized retail business and personal service establishments which perform services on the premises such as:
(a) 
All permitted and accessory uses of the C-1 District.
(b) 
Motels.
(c) 
Automobile service stations.
(d) 
Restaurants and drive-in restaurants.
(e) 
Manufactured home sales.
(f) 
Bed-and-breakfast. See Article XII.
(g) 
New and used automobile sales and service.
(h) 
Auto repair shops.
(i) 
Gas stations.
(j) 
Essential services.
(k) 
Service stations.
(2) 
The following conditions shall be reviewed by the Village Planning Board for all permitted principal uses:
(a) 
Type of operation.
(b) 
Hours of operation.
(c) 
Signage size, type of sign, and proposed installation, hanging or wall.
(d) 
Exterior lighting, type and installation.
(e) 
Parking.
(f) 
The proposed handling of any toxins or hazardous materials.
(g) 
The proposed disposal of any toxins or hazardous materials.
(h) 
The type of control and storage to be used for any toxic or hazardous materials.
(i) 
The type of control on any toxic or hazardous fumes that may come from the business operation.
(j) 
Type of remodeling or alterations that may take place, interior or exterior.
(k) 
The location and type of loading and unloading.
(l) 
The proposed increase of hydraulic loading on the existing wastewater treatment system and any grease increase will require at minimum an under-the-sink grease trap; a different design may be needed or required for a grease trap. The public water supply line to the building will need the protection of a backflow prevention device.
(3) 
The applicant who requests a change from one permitted principal use to another permitted principal use is hereby referred to § 385-51A and B of this chapter for general procedures to request such a change.
(4) 
Please be aware that permitted principal uses are allowed uses and the Planning Board review is to ensure health, safety and the general welfare of the public. The review is a process that addresses the proposed method of operation to make sure that the business does in fact fall within the guidelines of this chapter for permitted principal uses. This is not a decisionmaking process but an administrative review process to ensure that the business is meeting the above conditions.
B. 
Permitted accessory uses and structures.
(1) 
Storage buildings.
(2) 
Awning with signage.
(a) 
The minimum frame height shall be eight feet.
(b) 
The minimum height from the sidewalk to the bottom of the awning canvas shall be seven feet two inches.
C. 
Permitted special uses. The following permitted special uses may be permitted in a C-2 Commercial District with Planning Board approval and a special use permit:
(1) 
All permitted special uses in the C-1 District.
(2) 
Farm machinery sales and repair service.
(3) 
Automobile part sales.
(4) 
Miniature golf.
(5) 
Heavy equipment sales and rental.
(6) 
Tattoo/body piercing parlors. See § 385-15 for the requirements of a special use permit.
(7) 
Farm winery.
[Added 4-8-2009 by L.L. No. 2-2009]
(8) 
Microbrewery.
[Added 4-8-2009 by L.L. No. 2-2009]
(9) 
Class A-1 distillery.
[Added 4-8-2009 by L.L. No. 2-2009]
(10) 
Cider producer.
[Added 4-8-2009 by L.L. No. 2-2009]
(11) 
The production and sale at wholesale of maple syrup and grape juice.
[Added 4-8-2009 by L.L. No. 2-2009]
D. 
Additional requirements for the C-2 District.
(1) 
Drive-in restaurants. Drive-in restaurants shall not be located closer than 200 feet to a residential district.
(2) 
Automobile service stations.
(a) 
All oil drainage pits shall be located within an enclosed structure and shall not be located closer than 50 feet to any adjacent property line.
(b) 
Gasoline pumps shall be set back at least 30 feet from any street line.
(c) 
Storage of any petroleum product (except gasoline) or LP gas may be above ground but no closer than 50 feet to any adjacent property line.
(d) 
No automobile service station shall be used for storage or warehousing of fuel oil, gasoline, diesel fuel or LP gas that is distributed elsewhere.
(e) 
When an automobile service station abuts a residential lot or residential district, there shall be a buffer area consisting of evergreen shrubbery or closed fence of at least six feet in height to protect the neighboring property owner from offensive sights and sounds.
E. 
Site plan approval. Site plan approval, as required in this chapter, shall be obtained for the C-2 District when any change of use is proposed.

§ 385-21 Winery District (C-3).

[Amended 9-15-2004 by L.L. No. 3-2004; 7-16-2008 by L.L. No. 4-2008; 8-17-2011 by L.L. No. 2-2011]
A. 
Purpose. The purpose of the C-3 Winery District is to establish an area within the Village in which to provide integrated and planned commercial areas, goods and services necessary to serve the needs of the community while promoting the production and sale of wine, the arts, artisanal foods, and attendant crafts.
B. 
C-1 regulations applicable. All design guidelines and regulations regarding the size of structures, setbacks and lot sizes applicable in the C-1 Commercial District shall apply to the C-3 Winery District.
C. 
Permitted principal uses. The following are permitted principal uses within the C-3 District:
(1) 
Wineries, microbreweries, distilleries and food sales, and their accompanying tasting rooms. The raw materials for these uses may not be produced on site.
(2) 
Special activities directly related to those activities described in Subsection C(1): for example, wagon rides or weddings.
(3) 
Vineyards and gardens, including community-sponsored agriculture and restaurant gardens.
(4) 
Production of wine, beer, cider and other alcoholic spirits.
(5) 
Small-scale manufacturing and on-site sale of products: for example, boat building or a bicycle shop.
(6) 
Arts and crafts studios and galleries.
(7) 
Specialty boutique-style retail: for example, clothing store, art studio, galleries, antique sales.
D. 
Review and approval by Planning Board. Before a new business may lawfully operate within the C-3 District, or before an existing business may lawfully reopen in a different location within the C-3 District, it must submit an application to do so on a form to be approved by the Village. This application shall be reviewed and approved by the Planning Board prior to any business opening or relocating in the C-3 District.
E. 
Criteria of review. The following factors shall be reviewed and approved by the Planning Board before any applicant shall be allowed to conduct a permitted principal use:
(1) 
The type of operation.
(2) 
The hours of operation.
(3) 
Signage, and in particular the size and type of sign, and its proposed location and method of installation.
(4) 
Parking.
(5) 
The proposed handling and disposal of any toxic or hazardous materials.
(6) 
The type of control and storage for any toxic or hazardous materials.
(7) 
The type of control of any toxic, hazardous or noxious fumes or odors that may be generated by the business.
(8) 
The type of any exterior remodeling or alterations that the applicant proposes.
(9) 
The location and type of loading and unloading of products, materials, inventory and other items.
(10) 
The anticipated increase of hydraulic loading on the existing wastewater treatment system. Any discharge of grease may require the installation of an under-the-sink grease trap or an alternate system in order to comply with all federal or state laws, rules or regulations. The public water supply line to the building in which the activity is conducted shall be equipped with a backflow prevention device.
F. 
Permitted accessory uses and structures. The permitted accessory uses and structures shall be the same as those allowed in the C-1 Commercial District.
G. 
Special permitted uses.
(1) 
The following activities shall be allowed in the C-3 Winery District upon review and issuance of a special use permit by the Planning Board upon the criteria set forth in this section and in § 385-64 of the Code of the Village of Naples:
(a) 
Restaurants.
(b) 
Hotels.
(c) 
Bed-and-breakfasts.
(d) 
Apartments above the first floor may be used as a residence but only by the proprietor of the business on the first floor and his or her family.
(e) 
Special events.
(2) 
Parking, signage and fencing shall comply with all requirements of the Code of the Village of Naples.
H. 
Prohibited activities. No premises in the C-3 Winery District may be used in such a way which will cause or result in an increased risk of any of the following:
(1) 
Dissemination of dust, smoke, observable gas or fumes, odor, noise, vibration or excessive light beyond the immediate site of the building or buildings or boundary of the premises upon which such use is conducted.
(2) 
Menace to neighboring properties by reason of fire, explosion or other physical hazard, including radiation.
(3) 
Harmful discharge of waste materials, including refuse and airborne or waterborne waste.
(4) 
Traffic congestion.
I. 
General provisions.
(1) 
All processing of materials, including fabrication, shall occur indoors. All outside parking of machinery, equipment or commercial vehicles is prohibited, except during regular business hours.
(2) 
The storage outside of material, whether raw, partially or fully processed, in bulk or in packages, is hereby prohibited except during the actual on-site construction. The storage outside of stockpiles or storage racks is also hereby prohibited.
(3) 
All equipment used for the handling of material and processes shall be enclosed within a building or other enclosure. "Equipment," as used in this section, shall include but not be limited to conveyors, grain elevators, storage silos, hoppers, storage tanks, and unloading docks.
(4) 
Green space: to be established by the Planning Board at a later date and upon further research.
(5) 
No lot in the C-3 Winery District shall be permitted to have direct ingress or egress to Main Street (NYS Route 21). All lots must access Main Street by first accessing another public street or deeded easement.

§ 385-22 Land Conservation District/Floodplain (L-C).

The purpose of these districts is to delineate those lands which may be incompatible to residential development due to extreme slope and topography (drainage soils) or to the threat of flooding or periodic overflow of streams or waterways.
A. 
Permitted uses.
(1) 
Agricultural operation.
(2) 
Parks or other open space and recreational uses.
B. 
Special uses.
(1) 
Any nonresidential structure or building.
(2) 
Equestrian husbandry.
C. 
Additional requirements for the Land Conservation District/Floodplain. The Planning Board shall be guided by the following standards when considering any application for a special use permit:
[Amended 5-17-2000 by L.L. No. 1-2000; 7-16-2008 by L.L. No. 4-2008]
(1) 
The purpose of the Land Conservation District/Floodplain is to prevent encroachment which would unduly increase the threat of flood and endanger life and property.
(2) 
Any use permitted must be constructed so as not to be subject to appreciable damage by high waters.
(3) 
Any approval by the Planning Board shall be contingent upon the approval of the appropriate health authorities.
D. 
The granting of approval of any use or structure shall not constitute representation, guarantee, or warranty of any kind or nature of the Village of Naples or by any officer or employee of the practicality or safety of any use or structure proposed and shall create no liability upon or cause action against such public body, officer or employee for any damage that may result pursuant thereto.

§ 385-23 Multiple Dwelling District (M-D).

Due to the type of development characteristic to multiple dwellings, any land used for the purpose of multiple dwellings must be zoned as a Multiple Dwelling (M-D) District.
A. 
Information required.
(1) 
Map and plan to scale with contour lines prepared by a licensed engineer, in accordance with the Village rezoning regulations, showing the following:
(a) 
Relation of project to adjacent zoning districts.
(b) 
Existing and proposed streets and roads.
(c) 
Existing and proposed final elevation of contours.
(d) 
Location of existing and proposed structures on this lot and adjacent lots with setbacks for each building site.
(e) 
Location of utilities within the development.
(f) 
Boundaries of any floodplains and wetlands.
B. 
Permitted uses. Townhouses and apartment houses.
C. 
Special uses. Manufacture home parks.
[Added 7-16-2008 by L.L. No. 4-2008]
D. 
Design standards for senior citizen housing for 55 and older.
(1) 
First floor will be adaptable for disabled use.
(2) 
One bedroom with not more than two residents per housing unit.
(3) 
Parking: shall be 1.25 spots per unit.
(4) 
Apartment size: minimum of 600 square feet along with 20 additional square feet of locked storage and 30 square feet per unit in aggregated community space.
(5) 
Elevator access to a minimum of 2/3 of the units above the first story.
(6) 
Slab on grade construction is suitable for this type of housing.
(7) 
Allow up to eight units per building, allowing for four-on-four construction.
(8) 
Area required: minimum three acres.
E. 
Design standards for all other multiple dwelling unit development. The following site design standards shall apply to all multiple dwelling unit developments in the Residential District (R-2):
(1) 
The minimum tract area for multiple dwelling unit development shall not be less than three acres.
(2) 
The maximum density of residential development per gross acre of land, including roadways, pedestrian walkways, common recreation and off-street parking areas, open area and all nonresidential areas, shall not exceed eight dwelling units per acre.
(3) 
The minimum habitable floor areas, exclusive of common areas such as halls, foyers and basement utility areas, shall be as follows:
(a) 
Efficiency unit: 600 square feet.
(b) 
One-bedroom dwelling unit: 600 square feet.
(c) 
Two-bedroom dwelling unit: 700 square feet.
(d) 
Three-bedroom dwelling unit: 800 square feet.
(e) 
Four-bedroom dwelling unit: 900 square feet.
(4) 
Recreation, open space, and maintenance.
(a) 
Multiple-family dwelling developments shall be designed to create usable private open space. A minimum of 10% of the total tract area, exclusive of the required setback areas, buffer strip and parking areas, shall be designated for common recreational purposes.
(b) 
No recreational area shall be less than 10,000 square feet in area nor less than 100 feet in width. Areas designated for recreation purposes shall be approved by the Planning Board.
(c) 
Multiple-family dwelling developments shall be attractively shrubbed and properly maintained. Open space adjacent to, around, or between driveways, parking areas, structures or other required improvements shall be graded and seeded to provide a thick stand of grass or other plant material.
(d) 
Multiple-family developments shall be constructed in accord with the site plan approved by the Planning Board and shall be designed to ensure adequate provisions for drainage and stormwater runoff.
(5) 
Apartment buildings, or multifamily dwellings, shall contain no more than eight dwelling units.
(6) 
Unit distribution.
(a) 
No more than 30% of the total units within a multiple-family dwelling development shall be efficiency units.
(b) 
No more than 30% of the total units within a multiple-family dwelling development shall be three- or more bedroom units.
(7) 
Unit design standards. Each multiple-family dwelling unit building within a multiple-family development site shall be regulated as follows:
(a) 
Setback. No building shall be closer than 100 feet to any street or public right-of-way and 50 feet to any other property line.
(b) 
Minimum distance between buildings shall be 25 feet.
(c) 
Every building shall have a minimum setback of 20 feet from all interior roads, driveways and parking areas.
(d) 
All stairways to the second floor or higher shall be located inside the building.
(8) 
Access to public roads.
(a) 
All apartment and/or multiple-family dwelling developments shall have direct access to a public street.
(b) 
Where there are eight or more dwelling units in a development, access from the common parking area(s) to the public street must be provided by either a private driveway or a street dedicated to the Village by the developer. The minimum width of any private driveway in a multiple-family development shall be 12 feet when no on-street parking is allowed and 24 feet when parking is allowed on one side of the street.
(9) 
Services.
(a) 
Each multifamily dwelling unit shall contain complete kitchen facilities, toilet, bathing and sleeping facilities.
(b) 
Common storage areas shall be provided for bicycles, perambulators and similar type of equipment. Said storage areas may be provided in the residential structure or in a separate detached accessory building. Space devoted for such use shall not be less than 40 square feet in area per each dwelling unit.
(c) 
Within each apartment complex there shall be sufficient laundry, drying and other utility areas.
(d) 
Garbage/recycling storage areas shall be provided for each building. Such facilities shall be located with a view both to convenience and to minimizing the detrimental effect on the aesthetic character of the building(s) and shall be enclosed and shielded from view by fencing, walls or shrubbery of at least six feet in height around the perimeter. Fencing and walls shall be not more than 50% open on the vertical surface.
(10) 
Utilities. All public utility, electric, gas, cable television and telephone lines shall be installed underground.
(11) 
Off-street parking. Requirements for off-street parking as provided in Article IX of this chapter shall be met, except that the location of off-street parking lots may be modified to conform to the approved site plan, provided that off-street parking shall not be located within the required yard setback areas. Paved pedestrian walkways, with appropriate lighting, shall be provided from off-street parking area to all living units.
(12) 
Lot coverage. The aggregate lot coverage of multiple-family dwelling developments shall not exceed 30% of the total lot area.
(13) 
Structure height. Structures in multiple-family developments shall typically not exceed 35 feet in height.
(14) 
Home occupations shall be limited to one per lot.
(15) 
All building construction must conform to the applicable provisions of the New York State Uniform Fire Prevention and Building Code.
(16) 
No part of the cellar shall be used for living space.
F. 
Public facilities.
(1) 
All sewage disposal facilities and water facilities must be approved by the New York State Department of Health prior to the issuance of any building permit by the Village of Naples.
(2) 
All public utilities must be placed underground.
(3) 
Each dwelling unit must be provided with facilities for disposal of solid waste.
(4) 
No burning of any materials or waste matter will be allowed.
G. 
Open space and recreation area.
(1) 
No less than 10% of the area to be rezoned or 400 square feet per dwelling unit, whichever is greater, will be devoted to open space and recreational areas. This area will not include parking areas, streets, roads, or sidewalks.
(2) 
The open space and/or recreational area shall be developed for passive and active recreation facilities.
H. 
Landscaping for new construction.
(1) 
Landscaping shall be provided by the developer and with said landscaping being approved by the Village of Naples Planning Board.
(2) 
Buffer areas of at least eight feet wide shall be maintained from any adjacent property line.

§ 385-24 Planned unit developments.

A. 
Purpose. The purpose of planned unit development regulations is to encourage flexibility in the design and development of land in order to promote its most appropriate use; to facilitate the adequate and economical provision of streets, utilities and public spaces; and to preserve the natural and scenic qualities of open areas.
B. 
Approval. Planned unit developments shall be reviewed by the Planning Board and subject to the approval of the Village Board and local law.
C. 
Regulations governing planned unit developments.
(1) 
Minimum area. A planned unit development shall include no less than five acres of contiguous land.
(2) 
Open space. A minimum of 25% of planned unit site area shall be developed as public open space. Parking areas, required yards and vehicle access facilities shall not be considered in calculating open spaces.
(3) 
Residential density. Planned unit developments shall have densities not exceeding two dwelling units per acre.
(4) 
Land use. Proposed land uses shall not adversely affect surrounding development and shall be in accordance with the objectives and principles of the Strategic Plan, a Comprehensive Guidebook.
[Amended 7-16-2008 by L.L. No. 4-2008]
D. 
Standards for reviewing planned unit developments. The Planning Board may approve the planned unit development only if it finds that the planned unit development satisfies all of the following standards:
(1) 
General standards.
(a) 
The planned unit development shall be consistent with the regulations in this section.
(b) 
The planned unit development group plan shall be consistent with the site plan.
(c) 
The planned unit development shall provide for an effective and unified treatment of the development possibilities on the project site, making appropriate provision for the preservation of scenic features and amenities of the site and the surrounding areas.
(d) 
The planned unit development shall be planned and developed to harmonize with any existing or proposed development in the area surrounding the project site.
(2) 
Design standards.
(a) 
All buildings in the layout and design shall be an integral part of the development and have convenient access to and from adjacent uses and blocks.
(b) 
All water and sewage disposal systems shall be approved prior to the issuance of any special use permit.
(c) 
Individual buildings shall be related to each other in design, masses, material, placement and connections to provide a visually and physically integrated development.
(d) 
Treatment of the sides and rear of all buildings within the planned development group shall be comparable in amenity and appearance to the treatment given to street frontage of these same buildings.
(e) 
The design of buildings and the parking facilities shall take advantage of the topography of the project site, where appropriate, to provide separate levels of access. No structure or dwelling unit shall be constructed in the Land Conservation District/Floodplain.
[Amended 7-16-2008 by L.L. No. 4-2008]
(f) 
All building walls shall be so oriented as to ensure adequate light and air exposure to the rooms within.
(g) 
All buildings shall be arranged so as to avoid undue exposure to concentrated loading or parking facilities wherever possible and shall be so oriented as to preserve visual and audible privacy between adjacent buildings.
(h) 
All buildings shall be arranged so as to be accessible to emergency vehicles.
(i) 
All buildings shall comply with the New York State Building Code.
(3) 
Circulation system design standards.
(a) 
There shall be an adequate, safe and convenient arrangement of pedestrian circulation facilities, roadways, driveways, and off-street parking and loading space as is required by this chapter.
(b) 
Buildings and vehicular circulation open spaces shall be arranged so that pedestrians moving between buildings are not unnecessarily exposed to vehicular traffic.
(c) 
Landscaped, paved and comfortable graded pedestrian walks shall be provided along the lines of the most intense use, particularly from building entrances to streets, parking areas, and adjacent buildings.
(d) 
Materials and design of paving, lighting fixtures, retaining walls, fences, curbs, benches, etc., shall be of good appearance, easily maintained, and indicative of their function and shall be approved by the Planning Board.
(4) 
Parking and loading design standards.
(a) 
Parking facilities shall be landscaped and screened from public view to the extent necessary to eliminate unsightliness, monotony of parked cars, and lights that shine into residences. Such items shall be approved by the Planning Board.
(b) 
Pedestrian connections between parking areas and buildings shall be via special pedestrian walkways.
(c) 
Parking facilities shall be designed with careful regard to orderly arrangement, topography, landscaping, and ease of access and shall be developed as an integral part of an overall site design.
(d) 
Any above-grade loading facility should be screened from public view to the extent necessary to eliminate unsightliness.
(5) 
Landscape design standards.
(a) 
Landscape treatment for roads, paths, and service and parking areas shall be designed as an integral part of a coordinated landscape design for the entire project area.
(b) 
Primary landscape treatment shall consist of shrubs, ground cover, and trees and shall combine with appropriate walks and street surfaces to provide an attractive development pattern. Landscape materials selected should be appropriate to the growing conditions of the Village's environment.
(c) 
Existing trees shall be conserved and integrated into the landscape design plan.
(d) 
All architectural and engineered landscaping plans shall be approved by the Planning Board.
(6) 
Procedures. All applications for a planned unit development shall comply with this chapter.

§ 385-25 Community services properties.

[Added 5-15-2002 by L.L. No. 2-2002]
The purpose of community service properties is for the use of community services. These properties exist within other districts throughout the Village and have been identified on the Official Zoning Map.
A. 
Permitted principal uses.
(1) 
Community activities.

§ 385-26 Village Gateway and Central Business Overlay Districts.

[Added 6-21-2006 by L.L. No. 3-2006; amended 5-16-2007 by L.L. No. 3-2007; 12-19-2007 by L.L. No. 1-2008]
The purpose of the Village Gateway and Central Business Overlay Districts is to promote appropriate and well-designed building exteriors and sites in order to enhance the appearance of the Village, improve the stability and value of real property, foster appropriate development, balance the relationships between the taxable value of real property and the cost of municipal services provided, and promote and protect the health, safety and general welfare of the Village. Properties in an overlay district are considered to have special significance. In order to protect this unique quality, development in the district must comply with stricter zoning requirements. In such a district, special zoning requirements are added to the underlying requirements, all of which remain in effect.
A. 
Permitted uses, special permitted uses, accessory uses and structures. All uses and structures permitted under the underlying district are allowed in the overlay districts.
B. 
Requirements, regulations and general provisions.
(1) 
All requirements, regulations and general provisions of the underlying district apply in the overlay districts.
(2) 
Maximum building square footage in the Northern Gateway Business District. All buildings constructed in the Northern Gateway Business District after the effective date of this subsection shall have a footprint of no more than 2,500 square feet.
[Added 6-18-2008 by L.L. No. 2-2008]
(3) 
Maximum building square footage in the Southern Gateway Commercial District and the Central Business District. All buildings constructed in the Southern Gateway Commercial District and the Central Business District after the effective date of this subsection shall have a footprint of no more than 4,000 square feet.
[Added 6-18-2008 by L.L. No. 2-2008]
C. 
Site plan approval.
(1) 
Site plan approval, as required in Article XVII of this chapter, shall be obtained for:
[Amended 10-21-2015 by L.L. No. 2-2015]
(a) 
All demolition, unless in the opinion of the CEO the structure poses an imminent threat to public safety.
(b) 
All new buildings and building additions.
(c) 
All signs as part of new construction.
(d) 
All new fences and walls.
(e) 
All new, and expansions of, paved ground surfaces.
(f) 
All exposed mechanical equipment, including wall grilles and exhaust fans, if not required by the Uniform Fire Prevention Code.
(g) 
All site lighting greater than eight feet in height and which is not related to an occupied building.
(h) 
Landscaping which alters more than 25% of the surface area of a parcel of land.
(i) 
Any alteration of original building details, e.g., storefronts, porches, columns, cornices, roof brackets, windows, and door trim. For building maintenance, materials may be removed and replaced using "like for like" materials.
(j) 
Any covering over of existing wall surfaces, such as brick or wood.
(2) 
Site plan approval requires compliance to the Village of Naples Design Guidelines, a document separate from this chapter.