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 by this chapter and meeting the requirements set forth in the appended schedule.[1] Nor shall any open space contiguous to any building be encroached upon or reduced in any manner, except in conformity with the area and density requirements, off-street parking requirements and all other regulations designated in the schedule and this chapter for the zone district in which such building or space is located. In the event of any such unlawful encroachment or reduction, such building or use shall be deemed to be in violation of this chapter, and any zoning permit or certificate of zoning compliance issued relative thereto shall become void.

Uniformity. Within each district, the regulations established by this chapter shall be the minimum regulations and shall be applied uniformly to each class or kind of structure or land.

The setback distance from a watercourse shall be 100 feet from the top of the bank of the watercourse to the closest point of the structure being proposed. Any decision granting a variance therefrom shall include, in addition to the findings based upon the applicable provisions of Town Law § 267-b.3., the following as conditions imposed pursuant to Town Law § 267-b.4.:

No persons, firm or corporation shall strip, excavate, or otherwise remove topsoil for sale or other use other than on the premises from which taken, except in connection with the construction or alteration of a building on such premises and excavating or grading incidental thereto, or except as hereinafter specified.

Existing natural features such as trees, brooks, drainage channels, and view shall be retained. Whenever such features interfere with the proposed use of such property, a retention of the maximum amount of such features consistent with the use of the property shall be required.

Construction, excavation or other development on slopes of 15% or greater shall be subject to the regulations set out in steep slopes provisions found in § 132-30 of this chapter, with the exception of farming activities. No such construction, excavation or other development shall be commenced on slopes of 15% or greater until a permit for same has been issued with respect thereto by the CEO subsequent to proper application having been made pursuant to § 132-30. Any excavation related to timber and/or firewood harvesting, including but not limited to skid trails, forest roads, haul roads, landings and stream crossings, shall be subject to the steep slopes provisions of § 132-30.

No lot shall have erected upon it more than one principal building and appropriate accessory structures that are permitted by this chapter. 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. No temporary dwelling shall occupy the same lot.

The location of all detached accessory buildings on a lot shall conform to the yard and other applicable requirements of the Schedule of Regulations which is a part of this chapter.[1]

All finished basements must have an outside access.

At the intersection of two or more streets, no hedge, fence or wall, nor more than a single post or tree which is higher than three feet above curb level, nor any obstruction to vision shall be permitted in the triangular area formed by the intersecting street lines and a line joining each 30 feet distant from said intersection along said street line.

Every principal building shall be built upon a lot which complies with the lot frontage and width requirements of this chapter as stated in the schedule.[2]

Where a building lot has frontage on a street which is proposed for right-of-way widening, the required front yard area shall be measured from such proposed right-of-way line.

No front yard shall be used for the open storage of any mobile home, boat, vehicle, travel trailer or any other equipment.

Business structures or uses shall not display goods for sale or locate coin-operated vending machines of any type in any location which would infringe upon the required yard areas specified in this chapter.

All yards, open space, off-street parking, and required landscaping must be contained within the zone in which the use is permitted.

No more than one tractor or semitrailer, as defined in New York State Vehicle and Traffic Law, shall be parked out-of-doors overnight in a residential zone.

For the purpose of regulating the locations of accessory buildings on corner lots, and on lots extending through between 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.

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/or proposed structures or use. No parcel of land shall be divided to create a nonconforming lot or use.

The provisions of this chapter shall not apply to customary local utility distribution or collection lines for water, gas, telephone or electric service. All facilities such as pumping stations, repeater stations, and electric substations which require a structure above grade shall be subject to the requirements of this chapter, as herein provided.

All farm structures are exempt from the height requirements of this chapter, except as provided in Subsection S hereof.

Ponds and other man-made bodies of water shall be constructed so as to comply with the requisite setbacks, which shall be measured from the base of the outside of the dike or retaining wall, or, if the dike or retaining wall is not readily discernible, then from the edge of the water. No permit shall be issued for a pond or body of water until such approvals are obtained as are reasonably deemed to be required by the Code Enforcement Officer.

Spraying or spreading of agricultural products is permitted.

Travel trailers, campers, motor homes, and any type of temporary living quarters shall not be placed nor parked anywhere in the Town of Naples for more than six months per year on any parcel of property, excepting the placement of a maximum of two units adjacent to the owner's residence or place of business for storage purposes only, but subject to any other restriction imposed by this chapter. Such units shall not be used for permanent dwelling purposes.

Any fence greater than six feet in height shall be considered a special use and be subject to the provisions of § 132-33 and Article VIII of this chapter.

All lots shall have frontage on a street as defined by this chapter and in accordance with the standards and specifications adopted by the Town.

All lots shall comply with dimensional requirements specified in the Schedule of Regulations.[3]

Every principal building shall be built upon a lot with frontage upon a street improved to meet the standards and specifications of the Town of Naples and in accordance with Chapter 62 of the Consolidated Laws of New York State, Article 16, §§ 265-a and 280-a, of the Town Law.

The lot width requirements specified in the Schedule of Regulations hereby supersedes the minimum "fifteen-foot access reference" contained in Chapter 62 of the Consolidated Laws of New York State, Article 16, § 280-a, of the Town Law.

All streets, roads, drives and driveways shall be constructed in accordance with the standards and specifications adopted by the Naples Town Board entitled "Subdivision Road and Development Specifications."[4]

All streets, roads, drives and driveways constructed within areas of steep slope are subject to the steep slope regulations specified in Article VI, § 132-30.

Unimproved lots of record, which do not front on an existing public road, shall not be issued a building permit until the right-of-way or easement giving access to said lot is improved to meet the road standards and specifications adopted by the Naples Town Board. An unimproved lot of record shall be defined pursuant to Chapter 62 of the Consolidated Laws of New York State, Article 16, Town Law §§ 276 and 280-a. In addition to meeting the road standards and specifications, site plan approval pursuant to Article VIII shall be required by the Planning Board.

All timber and firewood harvesting operations shall comply with the New York State Forestry Best Management Practices.

Industrial wind turbines.

There shall be a recreation fee collected by the Town for each separate residential unit constructed or placed in the Town of Naples. Such fee shall be paid at the time that application is made for a zoning permit. The amount of the recreation fee shall be set by resolution of the Town Board, subsequent to public hearing upon five days' notice, published in a newspaper of general distribution in the Town and posted in the Town Clerk's office. All funds collected by the Town as recreation fees pursuant to this subsection shall be applied solely to capital expenditures for development of and/or improvements to the Naples Community Park. Such funds shall be maintained in a separate account for that purpose.

With respect to any permit application where either the Zoning Enforcement Officer or Code Enforcement Officer is unable to definitively determine a setback, the permit applicant or property owner shall provide verification thereof by a licensed land surveyor, architect or engineer.

A use including agricultural activities shall comply with accepted farming practice for that particular agricultural activity.

Roof- or building-mounted and building-integrated solar energy systems and photovolatic energy systems are exempted from regulations pursuant to this chapter. Such system may, however, be subject to the regulations of the New York State Fire Prevention and Building Code.[6]

Minor solar collector systems. Ground-mounted minor solar collector systems are permitted as accessory structures in all zoning districts of the Town, subject to the following: