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]
(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
600 square feet.
[Amended 7-18-2018 by L.L. No. 1-2018]
[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.
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.
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.
D.
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
600 square feet.
[Amended 7-18-2018 by L.L. No. 1-2018]
[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:
F.
Off-street parking and loading regulations. The off-street parking and loading regulations are specified in Article IX 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)
Dimensional requirements. Each dwelling unit shall
have a minimum of 600 square feet of floor space.
[Amended 5-16-2007 by L.L. No. 3-2007; 2-20-2019 by L.L. No. 1-2019]
(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.
(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.
[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.
(r)
Single-family apartments on the ground floor of the structure,
provided that the property does not front on Main Street (NYS Route
21).
[Added 7-17-2019 by L.L. No. 4-2019]
(s)
Tattoo and body-piercing parlors.
[Added 9-16-2020 by L.L. No. 2-2020]
(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.
(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.
(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.
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]
[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 businesses and personal service establishments
which perform services on the premises, such as:
[Amended 9-16-2020 by L.L. No. 2-2020]
(a)
All permitted accessory uses of the C-1 District.
(b)
Motels.
(c)
Automobile service stations.
(d)
Restaurants and drive-in restaurants.
(e)
Manufactured home sales.
(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.
(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.
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.
(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.
[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:
(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.
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.
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.
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:
(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.
(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.
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.
[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.
[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.
