A building detached from and subordinate to a main building on the same lot and used for purposes customarily incidental to those of a main building.

A use customarily incidental to the principal use of a building. In buildings restricted to a dwelling, the office of a professional man, customary family occupations and workshops not conducted for compensation shall be deemed accessory uses.

Any place in which the public is permitted or invited to view devices that are electrically or mechanically controlled still or motion-picture machines, projectors, computers or other image-producing devices that are maintained to show images to five or fewer persons per machine at any one time and where the images so displayed are distinguished or characterized by the depicting or describing a specified sexual activity or specified anatomical areas.

A public or private establishment, which serves food and/or alcoholic or nonalcoholic beverages, that features:

A public or private establishment which is used for the provision of the service of stroking, kneading, tapping or vibrating the human body with the hands or other devices, with or without the aid of oils or other lubricants, except by those licensed to perform said activity under Education Law § 7802.

A hotel, motel or similar commercial establishment that:

A commercial establishment where, for any form of consideration, films, motion pictures, videocassettes, DVDs, slides or similar photographic reproductions are shown that are characterized by the depiction or description of specified anatomical areas or by specified sexual activities.

A theater, concert hall, auditorium, or similar commercial establishment which regularly features persons who appear in a state of nudity or semi-nudity or live performances which are characterized by the exposure of specified anatomical areas or by specified sexual activities.

Adult arcades, adult bookstores, adult cabarets, adult motels, adult motion-picture theaters, adult theaters, adult video stores, escort agencies, nude model studios, sexual encounter centers and other sexually oriented uses.

The principal or accessory use of a parcel of land to grow, either for consumption or use by the property owner or occupant, for retail sale or wholesale distribution of any legal plant or animal propagated from or on such land, such as, but not necessarily limited to, livestock, poultry, eggs, dairy products, fish, honey, grains, vegetables, fruit, nuts, maple tree sap products, trees and miscellaneous horticultural products. An equestrian operation shall be considered an agricultural activity. Dog kennels are not considered an agricultural activity. For the purposes hereof, the word "farming" shall be synonymous with the term "agricultural activity." A garden as an accessory to a residential or commercial use shall not be deemed an agricultural activity. Further, any use prescribed or permitted pursuant to the New York State Agriculture and Markets Law or regulations adopted pursuant thereto are permitted accessary uses to any permitted agricultural activity.

The use of the land for agricultural purposes, including truck farms or nurseries, greenhouses, horticulture, viticulture and apiaries, and the raising or breeding of animals for commercial purposes and the necessary accessory uses for storage, provided that the operation of any such accessory use shall be incidental to that of the principal agricultural activities, including residential facilities.

A use by which alcoholic beverages are produced, sold and/or distributed, either for retail, wholesale, including microbrewery, winery, farm winery, farm brewery, distillery, farm distillery or other alcoholic beverage producer licensed by the State of New York.

A narrow service way providing a secondary public means of access to abutting properties.

Any change or rearrangement in the supporting members of an existing building, such as bearing walls, columns, beams, girders or interior partitions, as well as any change in doors or windows, or any enlargement to or diminution of a building or structure, whether horizontally or vertically or changes to cornices and exterior adornments, or the moving of a building or structure from one location to another.

Any change in the supporting members of a building, such as bearing walls, columns, beams, or girders.

Any structure where animals or pets are given medical or surgical treatment and where all kennels and runs must be part of the principal structure, enclosed and soundproof.

Any structure where animals or pets are given medical or surgical treatment and where outside kennels, runs, or pastures are used incidental to the principal use.

A system of electrical conductors that transmit or receive electronic frequency signals. Such signals shall include, but not be limited to, radio, television, cellular, paging, and personal communication services (PCS).

Any structure housing five or more dwelling units.

A sewage disposal system which shall conform to the requirements of the Canandaigua Lake Watershed Rules and Regulations.

The total of areas taken on a horizontal plane at the main grade level of the principal building, exclusive of all accessory buildings and exclusive of uncovered porches, terraces and steps. All dimensions shall be measured between the exterior faces of walls.

The lateral confines of a watercourse, there being a bank on each side of the watercourse, which contains the bed of the watercourse.

The highest elevation of the bank of the watercourse, measured perpendicularly, from any specific location of the streambed.

A story partly below the average level of the adjoining ground and finished off for living quarters with an outside access.

The area of a watercourse which generally contains the flow of water.

An owner-occupied residence used for providing overnight accommodations and a morning meal to not more that 10 transient lodgers and containing not more than five bedrooms for such lodgers.

A sign or structure which directs attention to an idea, product, business activity, service or entertainment which is conducted, sold, or offered elsewhere than upon the lot on which the sign is located.

Any dwelling in which more than three persons either individually or as families are housed or lodged for hire with or without meals. A rooming house or a furnished rooming house shall be deemed a boardinghouse.

The piercing of any part of the body.

Any structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of persons, animals or chattels.

A building surrounded by open space on the same lot.

The vertical distance measured from the average elevation of the proposed finished grade at the front of the building to the highest point on the rooftop.

A combination of photovoltaic building components integrated into any building such as vertical facades including glass and other facade material, semitransparent skylight systems, roofing materials and shading over windows.

A building in which is conducted the main or principal use of the lot on which said building is situated.

A commercial enterprise dealing in goods or services.

A parcel of land used or intended to be used, let or rented for transient and vocational recreational occupancy by two or more travel trailers, campers, tents, motor homes and the motor vehicles propelling or carrying the same, but excluding mobile homes designed for permanent occupancy or used as a place of residence.

A structure open on two or more sides and subject to the same setback requirements as principal structures within the zoning district and generally used for the sheltering of motor vehicles.

A story partly underground and having more than 1/2 of its clear height below the average level of the adjoining ground. A cellar shall not be considered in determining the permissible number of stories.

See "worship, place of."

An organization catering exclusively to members and their guests, including premises and buildings for recreational and/or athletic purposes, which are not conducted primarily for gain, providing there are not conducted any vending stands, merchandising or commercial activities except as required generally for the convenience of the membership and purposes of such club.

A subdivision plat or plats, approved pursuant to the Subdivision of Land Chapter of the Code of the Town of Naples,[2] in which the applicable zoning district regulations of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.

A subdivision plat or plats, approved pursuant to Chapter 116, Subdivision of Land, of the Code of the Town of Naples, in which the applicable zoning district regulations of this chapter are modified to provide an alternative permitted method for the layout, configuration and design of lots, buildings and structures, roads, utility lines and other infrastructure, parks and landscaping in order to preserve the natural and scenic qualities of open lands.

Any use involving the sale, rental or distribution of goods or commodities, either by retail or wholesale; the providing of a service for remuneration, including the use of recreational facilities or activities for remuneration.

Adjoining parcels of land that touch one another. Parcels of land which would touch one another except for the presence of a public road shall be considered contiguous.

An unoccupied open space, other than a yard, on the same lot with a building, which is bounded on two or more sides by the walls of such building.

A court enclosed on not more than three sides by exterior walls and lot lines on which walls are allowable, with one side or end open to a street, driveway, alley or yard.

That percentage of the plot or lot area covered by the building or structures, including accessory buildings and structures.

A facility duly permitted and licensed by the New York State or an authorized agency thereof for the care of more than two children on a regular basis.

Number of living units permitted per gross acre of land, exclusive of lands lying within the boundary of any public highway.

Any lands or structure where two or more dogs are kept for the purpose of sale or for the boarding, care or breeding for which a fee is charged or paid.

An undedicated passage providing vehicular ingress and egress from a principal structure and/or the accessory structures on a lot, across such lot directly to a street, private drive or private road, without passing across any portion of another lot.

A building designed or used as the living quarters for one or more families. The terms "dwelling," "one-family dwelling," "two-family dwelling," or "dwelling group" shall not be deemed to include automobile court, rooming house, or bed-and-breakfast or facilities used primarily by transients.

A group of two or more one-family or multiple dwellings occupying a lot in one ownership and having any yard in common.

Any building arranged or designed to provide at least three but not more than four dwelling units.

A single-family dwelling that is occupied not more than six months in any one year.

A building containing no more than two separate dwelling units with no shared living spaces between the two separate dwelling units.

A building or portion thereof providing complete housekeeping facilities for one family.

Any use of a parcel of land consisting of or including the boarding of horses for a fee, the offering of horse riding for a fee, the offering of lessons in riding, equine training or horsemanship, whether the horses for such activity are the property of the owner or occupant of the subject parcel of land or otherwise. Equestrian operation shall not include any use involving horse racing.

A person who, for consideration, agrees or offers to act as a companion or date for another person, or who agrees or offers to privately model lingerie, or to privately perform a striptease for another person.

The erection, construction, alteration or maintenance of underground gas, electric, wastewater or water transmission or distribution systems, mains, drains, sewers, or pipes, or electrical transmission systems, wires and cables above or below ground, fire alarm boxes, traffic signals, fire hydrants, communication transmission facilities and other similar equipment and accessories in connection therewith reasonably necessary for the furnishing of adequate service by municipal and public utility companies, cable television service providers, or other governmental agencies for the public health, safety or general welfare.

Any activity which removes soil, gravel, stone and/or other natural deposits from the earth and/or its surface.

One or more persons occupying the premises and living as a single housekeeping unit, as distinguished from a group occupying a boardinghouse, lodging house, club, fraternity or hotel.

Any lot which is used for agricultural activities. It includes necessary farm structures, the storage of equipment, storage of farm products and necessities as well as residential facilities.

Barrier made of post and wire or boards intended to prevent escape or intrusion, to mark a boundary, or to be decorative in nature.

See "timber and firewood harvesting."

Areas of special flood hazard are identified by the Federal Emergency Management Agency. See Chapter 74, Flood Damage Prevention.

The sum of the gross horizontal area of the several floors of a building, excluding attics, cellar and unfinished basement floor areas not devoted to residential use and the area of roofed porches and roofed terraces.

A foundation shall consist of a substructure enclosing and supporting the bottom of the structure and extending below the frost line. Such foundation shall be composed of materials and constructed to specifications as required by the New York State Uniform Fire Prevention and Building Code.[3]

An enclosed space for the storage of one or more vehicles, provided that no business occupation or service is conducted for profit therein and that space therein for not more than one car is leased to a nonresident of the premises.

Any garage other than a private garage, open to the public, operated for gain and which is used for storage, repair, rental, greasing, washing, servicing, adjusting or equipping of automobiles or other motor vehicles.

Any area of land, including structures thereon, that is used for the retail sale of gasoline or any other motor vehicle fuel and oil and other lubricating substance, including any sale of motor vehicle accessories, and which may or may not include facilities for lubrication, washing or otherwise servicing motor vehicles, but not including the painting thereof by any means.

The elevation of the center line of the streets as officially established by the Town authorities.

The elevation of the completed surfaces of lawn walks and roads brought to grades as shown on the plot plan filed with the building permit application.

The floor area of the building measured three feet above the average grade level.

A solar energy system that is anchored to the ground and attached to a pole or other mounting system, detached from any building, for the primary purpose of producing electricity for on-site or off-site consumption.

Where permitted as a special use, a commercial or industrial use conducted within or on the same lot as an occupied single-family dwelling by the inhabitants thereof. Within an agricultural district, the term "home business" may include a commercial or industrial use conducted in conjunction with a farm use. The type of business permitted shall include, but not be limited to, those involving the manufacture, provision or sale of goods and/or services on the premises. A home business is a specially permitted use where allowed and must meet the criteria specified in Article VII herein.

Where permitted, an accessory use conducted within a dwelling or accessory structure by the residents thereof, which is clearly secondary to the use of the dwelling for living purposes and does not change the character of the building and property upon which it is located. Home occupations must meet the requirements contained in Article VI herein.

An accessory use where permitted, characterized by the short-term production and/or sale to the public of craft and/or food items such as grape pies strictly during or immediately preceding local festivals. Said production shall be limited to no more than a total of 10 weeks during any calendar year for a single property and in addition to family members have no more than 10 employees or volunteers working on a single property at any given time. Short-term home occupations must meet the requirements contained in Article VI herein.[4]

A building containing rooms intended or designed to be used or which are used, rented or hired out to be occupied or which are occupied for sleeping purposes by guests and where only a central kitchen and dining room are provided within the building or in an accessory building.

A lot, land or structure, or part thereof, used for the purpose of collection, storage and sale of wastepaper, rags, scrap metal or discarded material, or for the collecting, dismantling, storage and salvaging of machinery or vehicles not in running condition and for the sale of parts thereof.

A lot of land or part thereof used primarily for the disposal, by abandonment, dumping, burial, burning or any other means and for whatever purpose, of garbage, sewage, trash, refuse, junk, discarded machinery, vehicles or parts thereof, or waste material of any kind.

A business premises equipped with individual clothes-washing machines for the use of retail customers, exclusive of laundry facilities provided as an accessory use in an apartment house or an apartment hotel.

A use engaged in the economic activity of the making of articles by workers, with or without the use of machinery, including processing, fabrication, assembly, treatment and finishing work, as well as packaging, storage, distribution and sales related to such activity, wherein 25 or fewer employees are utilized at such use. Such use shall not apply to any activity related to agricultural products originating in Ontario County or counties contiguous to Ontario County.

The breeding, raising and maintenance of cattle, sheep, swine, goats, horses, alpaca or any other ungulate; the commercial production of poultry or fur-bearing animals.

A building in which three or more rooms are rented and in which no board is furnished.

A parcel of land occupied or capable of being occupied by a principal building or a group of such buildings, or utilized for a principal use and uses accessory or incidental to the operation thereof, together with such open spaces as required by this chapter, which has been established as a separately owned parcel of real property by the recording of a deed with the Ontario County Clerk.

The square footage or acreage contained within the boundaries of a lot.

A parcel of land at the junction of and fronting on two or more intersecting streets. All corner lots shall be deemed to have two front yards, two side yards and no rear yard.

The percentage of the lot covered by the building or structures, including accessory buildings and structures.

The shortest distance between the front and rear lot lines as measured perpendicular to the street line, or proposed street line. If the front line is not a straight line, the aforesaid measurement shall be the shortest distance from the chord line of the front lot line to the rear lot line.

The line of a lot which is parallel to, or essentially parallel to, the street, private road or private drive which provides access to the lot.

The lot line opposite and most distant from the front lot line.

The property lines bounding the lot.

The lot line other than a front or rear lot line.

A lot which is part of an approved subdivision plat recorded in the office of the Ontario County Clerk, or a lot described by metes and bounds, the description of which has been recorded in the office of the Ontario County Clerk and assigned a tax map number.

An interior lot having frontage on two parallel or approximately parallel streets.

The shortest distance between the side lot lines as measured at the street line. If the front lot line is not a straight line, the aforesaid measurement shall be made parallel to the chord line of the front lot line.

A transportable single dwelling structure, built on a permanent steel chassis, which may be towed on its own running gear, and which may be temporarily or permanently affixed to real estate.

Any pits or workings, whether above or below ground, from which any natural product is produced for commercial, industrial or municipal use; and all shafts, slopes, drifts, faces, and including all equipment above, on or below the surface of the ground used in connection with such pits or workings.

The extraction or removal of overburden and/or natural products from the ground or surface, including any activities at the mine location for the washing, cleaning, crushing, stockpiling, or other reparation of natural products for use or sale, and the disposal of overburden and other wash material.[5]

A tract of land where two or more mobile homes are parked and occupied.

A building or group of buildings, whether detached or in connected units, used as individual sleeping or dwelling units designed primarily for transient automobile travelers and providing for accessory off-street parking facilities. The term "motel" includes buildings designated as auto courts, tourist courts, motor lodges and similar structures.

Aggregate, cement rock, clay, curbing stone, flagstone, roadstone, stone, gravel, ore, riprap, sand, sandstone, shale, slate or any other solid material or substance of commercial value found in or on the earth and produced for use or sale as part of any type of mining activity.

A building or structure or use of land existing at the time of enactment of this chapter, and which does not conform to the regulations for the district in which it is situated.

Any place where a person who appears in a state of nudity or displays specified anatomical areas is provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by another person who pays money or any other form of consideration.

The appearance of a human bare buttocks, anus, genitals or full female breast.[6]

Any unoccupied space exclusive of required yards, driveways, and parking areas.

The area required for parking one automobile. For purposes of this chapter, shall be an area 10 feet wide and 20 feet long, not including passageways.

Businesses which provide services to individual consumers for compensation, i.e.: hair care, insurance, sales, attorneys, dry cleaners, shoe repair, medical care, veterinary and other animal care not including on-site lodging of animals for compensation and other uses of a similar nature.

The Planning Board of the Town of Naples.

An undedicated private right-of-way used as ingress and egress serving up to four lots, which are not fronting on a dedicated road or street. Private drives are not eligible for dedication to the Town.

An undedicated private right-of-way used as ingress and egress to five or more lots.

Any one of the following uses, including grounds and accessory buildings necessary for its use:

Four one-story single-family dwellings, privately owned, leased or rented, that have at least one common wall and occupying the same lot.

An establishment at which food is sold principally for consumption on the premises to patrons seated within a closed building.

An establishment where patrons are served food, soft drinks, ice cream, and similar confections for consumption primarily outside the confines of the principal building or in automobiles parked on the premises where seats or other accommodations may or may not be provided for the patrons.

An establishment whose principal business is the sale of packaged foods and beverages to the customer in a ready-to-consume state for consumption either within the building, for carry-out consumption, or for pickup at a drive-through window.

The sale of goods or articles individually or in small quantities directly to the consumer.

Any retail business employing 10 or fewer people, as either full-time or part-time employees.

A building consisting of a series of noncommunicating one-family sections having a common line between each two adjacent sections with a straight unbroken front elevation and roofline.[8]

A private hospital, whether or not such facility is operated for profit.

A place or establishment for teaching and learning licensed by the New York State Education Department and nursery schools.

A state of dress in which clothing covers no more than the genitals, pubic region, and/or areolas of the female breast, as well as portions of the body covered by any supporting straps or devices.

The distance from the street line to the front wall or that part of the principal structure nearest the street line, measured perpendicular to or radially from the street line, not including steps or open porches. On corner lots, the front setback includes the distance from the street line to the wall of that part of the structure nearest each street line measured as above.

The distance from the rear lot line to the nearest part of the principal structure, measured at right angles to, or radially from, the rear lot line.

The distance from the side lot line to the nearest part of the principal structure, measured at right angles to, or radially from, the side lot line.

A business or commercial enterprise that, as one of its primary business purposes, offers for any form of consideration:

Any structure or part thereof attached thereto, or painted or represented thereon, which shall display or include any letter, word, model, banner, flag, pennant, insignia, device or representation used as, or which is in nature of, an announcement, direction or advertisement. The word “sign” does not include the flag, pennant or insignia of any nation, state, city or other political, educational, charitable, philanthropic, civil, professional, religious or like organization, or campaign, drive, movement, or event.

A device which gathers or accumulates energy derived from sunlight.

A facility located on a parcel of land used for a solar collection system principally for the purpose of converting solar energy to electrical energy for transfer to the public electric grid in order to sell electricity to or receive a credit from a public utility entity, as well as possibly for on-site use. A major solar collection system consists of one or more freestanding ground-mounted solar collector devices, solar collection related equipment, as well as other accessory equipment, and/or buildings, with more than a total of 500 square feet of surface area of all the solar collector panels. Only the surface areas of the panel(s) which actually gather(s) or accumulate(s) energy shall be included in such computation.

A ground-mounted solar collective system, panel or array which relies upon solar energy as an energy source of electricity secondary to the use of the premises for other lawful purposes, with the total surface area of all ground-mounted solar collector panels on the lot not exceeding 500 square feet. Only the surface area of the panel(s) which actually gather(s) or accumulate(s) energy shall be included in such computation.

Electrical energy storage devices, material, hardware, inverters or other electrical equipment and conduit of photovoltaic devices associated with the production of electrical energy.

The male genitals and/or the vulva or more intimate parts of the female genitals, the male or female anus or the areola and/or nipple of the female breast.

Any activity intending to or actually arousing sexual desire, including but not limited to:

An accessory building in which any horses are kept for hire, remuneration or sale.

That portion of a building included between the surface of the floor and the ceiling next above it, having a vertical distance of at least seven feet six inches along the studs forming each of the exterior walls. Each story above the first story must have an area equal to at least 2/3 that of the first story. The first story is the lowest story which is 75% or more above the average level of the ground adjacent to said building.

That portion of a building next under a gable, hip or gambrel roof having a vertical distance between the floor and horizontal ceiling of at least seven feet six inches, except that for habitable space under a sloping roof the minimum height above at least 50% of such floor area shall be seven feet six inches, and the area where the height is less than five feet shall not be considered in computing required floor area.

Any dedicated, statutory or otherwise acquired public highway, avenue, road, lane, alley, thoroughfare, boulevard or other way which is used for the passage of vehicular or pedestrian traffic, including the entire width of the right-of-way thereof.

The officially established grade of the street upon which a lot fronts. If there is no officially established grade, the existing grade of the street shall be taken as the street grade.

The boundary of the street right-of-way. All setbacks are to be measured from the boundary of the street right-of-way.

A strip of land, existing or proposed, which is used for a public street.

Any building or other man-made construction or object installed, constructed or placed on land or attached to something already located on land.

Any structure above or below ground designed for capacity of more than 18 inches of water in depth.

Any person who performs the work of tattooing or body piercing.

Any facility or structure serving or being used in conjunction with a telecommunications tower, and located on the same lot, or contiguous lot held in common ownership, as the telecommunications tower. Examples of such facilities include transmission equipment, and storage sheds, buildings or cabinets.

Telecommunications towers, antenna(s), and accessory facilities used in connection with the provision of radio, television, cellular telephone, PCS, paging, and similar services.

A structure on which transmitting and/or receiving antennas are located. It includes, without limit, freestanding towers, guyed towers, monopoles, and other similar structures.

An open lot or part thereof, with its appurtenant facilities, devoted primarily to the showing of moving pictures or theatrical productions on a paid-admission basis, to patrons seated in automobiles or on outdoor seats.

The cutting or removal of trees for saw lumber, firewood or other use of the trees.

The cutting or removal of trees for commercial saw lumber and/or commercial firewood production other than:

The surface layer of soil, ordinarily rich in organic matter, which is capable of nurturing vegetation.

A building consisting of a two or more series of noncommunicating one-family dwellings having a common fireproof wall between each two dwellings. The number of adjacent living units, the front elevations of which are in the same vertical plane, shall not exceed two, and shall be offset at least 18 inches from the adjoining front. The townhouses shall have no more than six living units per structure.

A type of temporary living quarters which can be legally towed behind a vehicle without a special permit.

The specific purpose for which land or a building is designed, arranged, intended, or for which it is or may be occupied or maintained. The term "permitted use" or its equivalent shall not be deemed to include any nonconforming use.

See "accessory use."

Any structure above or below ground designed for capacity of less than 18 inches of water in depth.

A channel conveying water, including, but not limited to: streams, creeks, brooks and rivers, whether: (a) natural or man-made; (b) permanent, seasonal or intermittent; (c) public or private; and with a discernible bed and bank thereof. Roadside drainage ditches provided by and maintained periodically by a municipal body or agency are not included as watercourses for the purposes hereof.

A device that converts the kinetic energy of the wind, by the use of a set of rotating blades elevated from ground level on a tower, into electrical or mechanical power.

A wind turbine that provides electrical or mechanical power to a home occupation, farm, multiple dwelling, planned unit development or other commercial or industrial enterprise, or combination of two or more thereof. The energy produced by the wind turbine may be either the primary or secondary source of energy.

A wind turbine, or group of wind turbines in a facility, whose purpose is to generate electricity that is fed into a power grid for sale to an electric utility.

A wind turbine that provides electrical or mechanical power to an individual residence and can be either the primary or a secondary source of energy.

The total height of the structure, including blade, upon which a wind turbine is affixed.

A lot where religious services and/or functions are conducted.

An open space, unoccupied and unobstructed by any structure or portion of a structure, situated between the principal building or group of buildings and the nearest lot line.

That area between that part of an existing principal structure nearest the rear line of the lot and said rear line bounded on both sides by the side lines of the lot.

That area which is not a rear yard or a front yard.

The Zoning Chapter of the Code of the Town of Naples.

The duly appointed official of the Town of Naples for the administration and enforcement of this chapter, also referred to as "Zoning Officer" or "Code Enforcement Officer."