Naples Town City Zoning Code
ARTICLE VI
Supplementary Regulations
§ 132-27 Single-family conversions.
[Amended 3-2-2021 by L.L. No. 1-2021]
Single-family dwellings may be converted to two-family dwellings in the Ag, R-1, R-2 and MU Districts. Single-family dwellings may be converted to multiple dwellings in the R-2 and MU Districts. Such conversions require the following:
Each living unit must contain at least 600 square feet and must be separate from the other living units.
The basement cannot be occupied as a living unit nor counted in determining the living unit space, unless the basement conforms to the New York State Building Code.
The sewage system must be sized and approved by the appropriate health authorities.
All electrical wiring must meet the approval of a certified electrical inspector.
The use of common cooking areas or bathrooms is prohibited.
The conversion must be in a dwelling that existed prior to the adoption of this chapter.
§ 132-28 Single-family residential cluster development.
[Amended 7-9-2007 by L.L. No. 2-2007; 3-2-2021 by L.L. No. 1-2021; 4-5-2022 by L.L. No. 2-2022]
Single-family clusters consisting of single-family homes are permitted special uses in the AG District, subject to the following:
§ 132-29 Off-street parking.
For the specific uses listed below, and for each building or structure hereafter erected, constructed, reconstructed, moved or structurally altered, the following parking spaces shall be provided and maintained on the same lot with the building or structure, except as herein provided:
At least two parking spaces for each dwelling unit.
Residential and transient motels and hotels, at least one parking space for each guest bedroom.
Churches, auditoriums, theaters, funeral homes, and other places of public assembly, at least one parking space for each eight seats at maximum capacity.
Offices, at least one parking space for each 250 square feet of gross floor area for office purposes.
Stores, at least one parking space for each 100 square feet of gross floor used for sale purposes.
Industrial, warehousing or manufacturing establishments, at least one parking space for each 500 square feet of gross floor area.
Restaurants, at least one parking space for each 60 square feet of gross floor area used for the preparation and serving of food and drink in any form.
Institutions, hospitals, nursing homes, at least one parking space for each four patients or residents, and at least one parking space for each two employees.
Home occupations, off-street parking must be limited to one to two, but not more than three, parking spaces for business purposes.
On-site requirements may be modified by the Planning Board up to 50% of the spaces required, provided that identical space is provided in a permanent and accessible manner by the applicant within 500 feet of the property upon which the building or structure is located.
§ 132-30 Steep slopes.
[Amended 2-13-2006 by L.L. No. 2-2006]
No permit shall be issued as required by § 132-16A except pursuant hereto.
Application for construction, excavation or other development in areas having a slope of 15% or greater but less than 50%.
The application shall include the following information and/or documentation unless waived by the Code Enforcement Officer:
Site plan of property at a scale of one inch equals 50 feet indicating existing grades with contour lines at two-foot intervals and proposed grades within the area of the proposed construction;
Landscaping plan indicating proposed paved areas, storm drainage facilities, retaining walls, and ground cover, as well as the locations of trees and ornamental shrubs;
Architectural plans, elevations, and sections of the structures and related improvements;
A statement prepared by a licensed architect, registered landscape architect or engineer stating an explanation of the methods to be used in overcoming foundation and other structural problems created by slope conditions, in preserving the natural watershed, and in preventing soil erosion; and
A plan submitted under the seal of a licensed professional engineer showing and certifying the following:
All existing and proposed natural and artificial drainage courses and other features for the control of drainage, erosion and water;
The calculated volume of water runoff from the slopes and from the lot in question, as unimproved;
The calculated volume of water runoff from the slopes and from the lot in question, as improved;
The existence, location, and capacity of all natural and artificial drainage courses; and facilities within 500 feet of the lot, which are or will be used to carry or contain the water runoff from the slope and the lot; and
The effect of any increased water runoff on all adjacent properties and any other property which will be materially affected by increased water runoff.
Any other information and/or documentation deemed necessary and pertinent by the Code Enforcement Officer. In the event that the Code Enforcement Officer waives any of the requirements set forth herein, the particular items waived shall be itemized and the reasons for such waiver shall be specified in writing and attached to the application package.
The Code Enforcement Officer shall, upon review of the application and supporting documents required herein, determine whether the proposed development plan complies with all applicable codes and regulations and either approve or disapprove the application. The Code Enforcement Officer may, in his discretion, consult with the Town Engineer regarding any issue or issues deemed relevant to the approval or disapproval of any application submitted pursuant hereto.
Application for construction, excavation or other development in areas having a slope of 50% or greater shall contain all the information and documentation required pursuant to Subsection A of this section together with any other information and/or documentation deemed necessary and pertinent by the Code Enforcement Officer or Town Engineer. The application, together with the supporting information and documentation, shall be submitted by the Code Enforcement Officer to the Town Engineer for review and approval. The Town Engineer shall submit a written report of findings to the Code Enforcement Officer, a copy of which shall be provided to the applicant in a timely fashion. The Code Enforcement Officer, upon receipt of the report by the Town Engineer, shall either approve or disapprove the application.
The Zoning Board of Appeals may not grant a variance with respect to such slope regulations without a demonstration that:
The disturbance of the slope area will be to the minimum extent consistent with the use of the lot and be otherwise consistent with the objective of this chapter;
Appropriate mitigation measures will be taken to prevent, to the maximum extent practical, the adverse environmental effect of such disturbance of the slope area; and
The computation of slope percentage is made by utilizing a fraction in which the vertical distance (rise) is the numerator and the horizontal distance (run) is the denominator, calculated at ten-foot increments of vertical distance, and then converting to percentage (e.g., a ten-foot change in elevation over a horizontal distance of 25 feet is a forty-percent slope).
The Code Enforcement Officer shall make the determination of whether the proposed development site is on land of fifteen-percent slope or greater, or 50% or greater, in one of the following two methods:
In the event that an applicant believes that the determination of the Code Enforcement Officer is incorrect, the applicant shall provide a contour map at two-foot intervals of all areas to be disturbed, prepared by a licensed engineer, architect, landscape architect, or land surveyor to refute the determination of the Zoning Enforcement Officer.
§ 132-31 Home occupation. [1]
[Added 10-12-2015 by L.L. No. 2-2015]
Intent. The purpose of this section is to provide opportunities for economic advancement among residents of the Town while protecting the character of residential and agricultural areas of the Town. Home occupations established pursuant to this section are expected to blend in with the existing character of the area in which they are located and are to be secondary and clearly accessory to the primary residential or agricultural use of the property.
Type of business. A variety of commercial and manufacturing uses may be permitted, provided that the requirements of this section are met. Included in this definition shall be offices for a physician, dentist, chiropractor, architect, engineer, land surveyor, landscape architect, realtor, certified public accountant, attorney, podiatrist, and similar professions requiring a license issued by the State of New York. Individual services, such as instruction in musical instruments limited to a single pupil at a time, financial services, insurance sales, barber, dressmaker, milliner, seamstress, cosmetologist, and similar services offering skilled services to clients or the public, shall be deemed included in this definition. The manufacture or production of crafts, furniture, machine parts, electronic parts, food items, or any nonexplosive or nonhazardous products for wholesale or retail sale shall be included in this definition. The retail sale of groceries to the public, dancing instruction, tea rooms, convalescent homes, and mortuaries shall not be deemed to be home occupations.
Neighborhood character. The appearance of the structure shall not be altered and the home occupation shall not be conducted in a manner that would cause the premises to differ from its existing neighborhood character either by the use of colors, materials, construction, lighting, signs, or the emission of sounds, noises or vibrations. No lights or noise from the home occupation shall be noticeable at any time from any public street or neighboring property.
Operation and employees.
Floor area.
No more than 25% of the gross floor area of a dwelling shall be used for the conduct of a home occupation, up to a maximum of 750 square feet, provided that the portion of the dwelling used for residential purposes shall comply with all applicable laws and codes.
The entire gross floor area of no more than one detached accessory structure may also be permitted for use of a home occupation, in addition to space within the dwelling.
Outdoor storage of equipment and materials.
In the R-1 and R-2 Districts, no outside storage of materials used in the home occupation shall be permitted. In the Ag District, any outside storage shall be adequately screened from view from public streets and neighboring property. Such screening may consist of vegetation, fencing, or a combination thereof.
A maximum of two pieces of equipment, other than commercial vehicles, may be parked outdoors on the lot. Such equipment shall be operable and necessary for the conduct of the home occupation.
Outdoor storage of equipment used for the home occupation shall only be permitted in the rear yard. Such equipment shall be completely screened from view from neighboring properties and public roads.
Outdoor display of goods. No outdoor display of goods shall be permitted.
Commercial vehicles. In the R-1 and R-2 Districts, no more than two commercial vehicles, as defined herein, may be used in connection with the home occupation. Such vehicles may be parked outside, but not within the setbacks specified in Subsection M of this section.
Hours of operation. The home occupation shall be conducted in such a manner that all the clients, customers and others coming to do occupation at the site of the home occupation shall arrive and depart between the hours of 7:00 a.m. and 9:00 p.m. The Planning Board may specify other shorter hours of operation where the Planning Board finds such necessary to ensure there is no negative impact from the home occupation on neighboring properties or on the character of the neighborhood.
Number of home occupations permitted. More than one home occupation may be permitted for each residential property, provided that the combined impact of such home occupation does not exceed any of the thresholds established in this section.
Parking. Off-street parking shall be provided in accordance with the provisions of § 132-29. The off-street parking for the home occupation shall be in addition to the parking required for the residence.
Setbacks. Any accessory building used in conjunction with the home occupation shall be set back a minimum of 75 feet from all side and rear property lines. Off-street parking and loading spaces, as well as outdoor storage and display, shall be set back a minimum of 50 feet from all side and rear property lines and not less than 75 feet from all public rights-of-way.
Deliveries and vehicle trips per week.
No home occupation shall be permitted that requires tractor-trailer deliveries on a regular basis (i.e., more than five per week) unless the Planning Board determines that the site can provide adequate access and turnaround space.
[1]
Editor's Note: Former § 132-31, Planning Board review of cluster development, was repealed 7-9-2007 by L.L. No. 2-2007.
§ 132-31.1 Home occupation, short-term.
[Added 10-12-2015 by L.L. No. 2-2015]
Intent. The purpose of this section is to provide opportunities for seasonal business activities in support of local fairs, festivals, and similar events.
General requirements:
Shall comply with all requirements of § 132-31 of this chapter, except as otherwise stated in this section.
The local fair, festival, or similar event shall be one designated by, recognized by, or permitted by the Town of Naples or Village of Naples, such as but not limited to the Grape Festival.
Type of business. The manufacture and sale of crafts and/or food items in support of local fairs, festivals, and similar events on a short-term basis constitutes a short-term home occupation. All short-term home occupation activities shall be contained within an existing building or in temporary buildings such as tents, food trucks, or other portable buildings and structures erected solely for the duration of the activity. In no case shall the activity require the construction of a permanent building.
Operation and employees. No more than 10 persons, other than members of the family occupying such dwelling, shall be employed in such short-term home occupation at any one time.
Outdoor storage of equipment and materials.
In the R-1 and R-2 Districts, no outside storage of materials used in the short-term home occupation shall be permitted. In the Ag District, any outside storage shall be adequately screened from view from public streets and neighboring property. Such screening may consist of vegetation, fencing, or a combination.
Display tables, tents, food trucks, and other temporary and/or portable buildings may be used.
Outdoor display of goods. Short-term home occupations shall be allowed only for the duration of the festival, fair, or similar event.
Number of clients. No limit shall be placed on the number of clients, except that in no case shall the maximum occupancy of a dwelling or structure exceed what is permitted under the New York State Uniform Fire Prevention and Building Code.
Hours of operation. Retail sales shall be limited to the hours of the fair, festival, or event.
Setbacks. Every accessory building, temporary building, tent, food truck, or portable structure used in conjunction with the short-term home occupation shall be set back a minimum of 10 feet from all side and rear property lines.
§ 132-32 Swimming pools.
Swimming pools are allowed as an accessory use in residential districts or as accessory uses for residences in any other district if the following are met:
Such pool shall not be located nearer than 10 feet from the rear or side property line and may not be located in the front yard, and not nearer than 10 feet from the principal structure.
There shall be erected and maintained for all in-ground pools, and aboveground pools of less than four feet, a fence having a minimum height of four feet, enclosing said pool on all sides, with an access gate with lock. Such gate shall be locked when the pool is not in use or while the pool is not under supervision. Aboveground pools of more than four feet may have a removable ladder in lieu of fencing.
The fence shall be of a permanent nature and shall not be of a type known as "snow fence," nor so-called chicken wire or similar material, nor shall the fence be easily climbed or crawled under.
Lighting shall not be directed at adjacent properties nor shall any electrical wiring be strung over the pool surface. All wiring closer than 10 feet to the edge of the pool shall be underground except for properly grounded receptacles or connections.
Nothing herein shall apply to wading pools as herein defined.