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]
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.
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.
[1]
Editor's Note: Former § 385-11. Equestrian husbandry,
as amended, was repealed 1-21-2009 by L.L. No. 1-2009.
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.
[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.
[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.
[1]
Editor's Note: Former § 385-15, Tattoo/body piercing
parlors, added 4-21-2003 by L.L. No. 2-2003, was repealed 9-16-2020 by L.L. No. 2-2020.
