Naples Village & Town

Code Enforcement & Zoning

The Town of Naples Code Enforcement Office is located at the four corners in the center of the Village, on the East side of Main Street across from the former Naples Pharmacy. The entrance is next door to the Town Clerk entrance, Those seeking the Village of Naples Code Enforcement Office should enter through the Village Clerk’s entrance

Village Code Enforcement Officer can be reached at 585-439-5875, or by emailing vceo@naplesny.us

The Village currently doesn’t have regular office hours, please leave messages at the contact info above.  We appreciate your patience during this time of transition.  

 The Town Code Enforcement Officer is available Mondays, Wednesdays & Thursdays from 9am-3pm.  Please call the Town Clerk’s number 585-374-2111 to schedule appointments and check availability, or email codeofficer@naplesny.us 

When Do You Need a Building Permit?

Changes to properties and structures often require a Building Permit under the Codes of the Town of Naples, and the State of New York. The following guidelines will help you determine if a permit may be required.


A BUILDING PERMIT IS REQUIRED TO:

  • Erect, add onto, relocate or make structural changes to a building. This includes: an attached or detached accessory building such as a garage, carport, breezeway, storage shed, porch, or permanently enclosing an existing porch.
  • Install, relocate or remove interior partitions or walls.
  • Enlarge, decrease or otherwise modify existing doors or windows.
  • Install fire escapes, cellar stairs fire-rated enclosures or fire-retarded cellar ceilings in multiple dwellings.
  • Repair fire damage.
  • Demolish any structure.
  • Erect an attached or unattached, open or covered deck.
  • Install or replace a masonry chimney or metal flue stack.
  • Install a swimming pool, in-ground or above ground.
  • Install a permanent outdoor fireplace or barbecue.
  • Install a fuel tank, gasoline tank, or other flammable liquid or gaseous tank either above or below grade.
  • Install or replace a solid fuel-burning device (i.e. wood stoves, etc.).
  • Roofing (Dwellings & accessory structures)

A BUILDING PERMIT IS not REQUIRED TO:

  • Make ordinary repairs, which replace existing materials with new materials of like class and kind. For example, making a minor roof repair or minor repair to a chimney or foundation wall does not require a permit.
  • Install or replace gutters or downspouts.
  • Install nonconductive, nonmetal siding.
  • Install or replace sidewalk on private property.
  • Pave or replace an existing driveway.
Residential Construction Information
This information was compiled to help answer the most frequently-asked questions about residential construction.

A CELLAR CANNOT BE USED FOR LIVING SPACE UNLESS IT HAS:

  • A primary entrance/exit.
  • An opening for emergency use that leads directly to the exterior, such as another door or window no higher than 4’6″ off the finished floor, with 18″ of clear opening and a 4 sq. ft. minimum total opening.
  • A ceiling height of at least 7’6″.
  • One exterior wall the entire length of the habitable space, at or lower than the floor level of the space. NOTE: Recreation rooms are a different situation. Please visit the Building Department for your particular area.

INTERIOR AND EXTERIOR STAIRS MUST HAVE:

  • Minimum tread width of 9″ plus 1 1/8″ nosing for closed riser stairs.
  • Minimum tread width of 9″ for open riser stairs.
  • Maximum riser height of 8 1/4 with no variation of more than 1/8 in any one run of stairs.
  • Stair widths of not less than 36” between handrails.
  • Minimum clear headroom of 6’6″ (or 6’4″ for cellar stairs).
  • Handrails if more than three risers.
  • Handrails on both sides if stairs are open on both sides.
  • Railings, a minimum of 36” high, on porches and balconies if such structure is 30” or more is off adjacent floor or grade.

DOORS MUST BE:

  • At least 36″ wide for main entrance doors.
  • At least 32″ wide for other doors that exit the home.
  • At least 6’8″ in height.

ALL HABITABLE SPACE (INCLUDES LIVING ROOMS, BEDROOMS, DINING ROOMS, AND SUCH) MUST HAVE AT LEAST ONE EMERGENCY EXIT WHICH:

  • Must be in addition to the main entrance/exit from the room.
  • Must have a total of at least 4 sq. ft. of area.
  • Must have at least 18″ of total clear opening in width and height.
  • Cannot be more than 3’6″ off from the finished floor, and must lead to “Legal Open Space.”

SMOKE \ CARBON MONOXIDE DETECTORS:

  • At least one smoke detector must be hardwired to a lighting circuit.
  • Must be adjacent to any sleeping areas, on or near the ceiling.
  • We suggest others be installed on every floor of the building.
  • Carbon Monoxide detectors are required to be installed in every dwelling unit (Amanda’s Law 2010); such detector shall be placed on the lowest floor level containing sleeping quarters.

CHIMNEYS:
Prefabricated chimneys must be installed according to manufacturer specifications.

Masonry chimneys must have:

  • Clean-outs with noncombustible doors sealed tight.
  • Flues mortared with non-water soluble refractory cement.
  • Must have a 2″ minimum clearance to combustible interior, and 1″ minimum clearance to combustible exterior.
  • Chimneys must terminate at least 3′ above the roof and at least 2′ above anything within 10′ of the chimney.
  • NFPA 211 and TEK SPEC 3 must be followed.
  • Plans and specifications for all solid fuel burning appliances and prefab chimneys must be submitted for review and approval by the Fire Code Inspector.

FIRE SEPARATIONS:
Garages attached to or within 5 feet of a structure must be separated from the dwelling by construction having a fire-resistance rating of at least 3/4 of an hour.
Doors and jambs in the common wall must be at least three-fourths of an hour rated and equipped with a self-closing device. This door cannot open into a room used for sleeping.

NATURAL GAS OR L.P GAS FURNACES AND WATER HEATERS:

Must be installed to manufactures specifications and/or NFPA 54, THE FUEL GAS CODE.

Be sure that there is adequate combustion air for the appliances. This is necessary in enclosed rooms as well as open cellars.

If the appliance is located on a floor that has habitable space, then the door to the room must be self-closing and be protected with noncombustible material on the furnace side of the door.

MISCELLANEOUS:

  • Foundations must have anchor bolts, at least 6′ o.c.
  • Bathrooms without windows must have mechanical ventilation; vented to the exterior.
  • Water distribution systems must be Type “L” copper, or Pex Piping
  • Water heater and boiler relief valves must have a pipe extension to within 12″ of the floor.
  • Fire stopping must be installed per NYS Building Code
  • Any opening in a bearing wall that is over six (6) feet, rough opening width must have double jack studs installed to support the header.

WHEN IN DOUBT IF A PERMIT IS NEEDED FOR WORK THAT YOU ARE PLANNING TO UNDERTAKE, CONTACT THIS OFFICE PRIOR TO STARTING CONSTRUCTION.

Village & Town Code Enforcement & Zoning

Services

Zoning Inquiries

Contact the office for more information.

Building Permits / Inspections

Variance Applications

Contact the office for more information.

New Business/Site Plan Review Applications

Contact the office for more information.

Special Use Permit Applications

Contact the office for more information.

Subdivision Applications

Contact the office for more information.

Sign Permit Applications

Contact the office for more information.

Code Violation Complaints

Contact the office for more information.

Fire Inspections

Contact the office for more information.

Keeping Of Hens License

Click here to download the Keeping of Hens License

AMENDMENT TO THE CODE OF THE VILLAGE OF NAPLES ADDING CHAPTER 16 (ANIMALS) ALLOWING THE KEEPING OF HENS AND ROOSTERS IN THE VILLAGE UPON THE ISSUANCE OF A LICENSE BY THE VILLAGE

1. A. The term “hen” shall mean a female chicken of any age.

B. The term “coop” shall mean any structure, whether affixed to the land or not, located upon premises and built, designed, and maintained for the purpose of housing hens.

C. The term “Code Enforcement Officer” shall mean the duly appointed Code Enforcement officer of the Village of Naples.

D. The term “front yard” shall mean that portion of the yard between the street and the wall of the structure which corresponds to the property’s street address and shall extend on a line even with that wall to the property lines.

2. A. No person shall be allowed to keep hens within the Village except upon the issuance of a license by the Code Enforcement Officer and upon payment of a license fee which shall be set from time to time by resolution of the Village Board.

B. The application for the license shall be made to the Village Clerk upon a form to be provided by the Village. It shall be the responsibility of the Code Enforcement Officer or other person designated by the Village Board to make an inspection of the premises for which the application is being made to insure that the applicant is in compliance with the provisions of this Section prior to the issuance of the license.

3. A. The maximum number of hens and/or roosters allowed to be kept on any parcel of land is six (6).

B. No rooster (male chicken) over four months of age shall be kept alive in the Village.

C. No hen or rooster shall be kept in the front yard of a property.

4. A. All hens and roosters shall at all times be kept in a secure coop or yard constructed, enclosed, and maintained so as to prevent the hens from running at large upon any street, sidewalk, or public place, or upon the premises of any other person.

B. Each hen or rooster shall have at least four square feet of floor space when kept in a coop and at least four square feet of space in addition thereto as and for a runway.

5. The enclosure or pen shall be regularly cleaned so as to keep the coop or yard in a safe, sanitary condition and to minimize the potential for offensive odors, flies, or other nuisances which might affect neighboring properties. All food shall be kept in secure, rodent proof containers.

6. If hen manure is to be stockpiled upon the premises it shall be stored in a covered container or covered by a tarp. No manure shall be placed at the curb for Village pickup. No manure shall be allowed to escape into any stream or other watercourse or on to any neighboring property.

7. All coops, enclosure fences, or manure piles shall be at least twenty-five (25) feet away from any dwelling or other structure used for continuous daily human occupation.

8. The holder of the license shall be deemed to have given his or her consent to periodic inspections by the Village of the premises to insure compliance with the conditions of the license. The Village shall give a license holder at least twenty-four (24) hours notice of any inspection to be preformed.

9. The license shall continue to be valid unless revoked by the Code Enforcement Officer. No license shall be transferable or assignable.

10. The license may be revoked by the Code Enforcement Officer for a violation of any of the provisions of this Section. The holder of the license shall be served with a written notice of the alleged violations, either personally or by regular mail, and shall be given fifteen (15) days from the date of delivery or mailing of the notice to correct the violation(s). Upon the license holder’s failure to correct the violations, the Code Enforcement Officer may revoke the license. If the license is revoked, the owner must immediately remove the hens or roosters from the premises and may not apply for a new permit for a period of one (1) year from the date of revocation.

11. In addition to the license revocation procedure, any person or corporation found to be in violation of this section shall be guilty of a violation and shall be subject to a fine of up to $250.00 or a term of imprisonment for up to fifteen days, per violation, or both such fine or imprisonment. Each day that a violation shall occur shall constitute a separate and distinct offense.

12. This local law shall not apply to any person who is the owner of a parcel of land which is included in Ontario County Agricultural District number one,and which parcel of land would be considered to be part of an agricultural operation as defined by New York State Law.

Draft #7 7/26/13

Naples Town Code Enforcement and Zoning Office

Town Code Enforcement Officer: Lou Stein

106 South Main Street
PO Box 535
Naples, NY 14512
Phone: 585-374-2111

Cell: 585-300-1945
Fax: 585-374-9981
codeofficer@naplesny.us

Naples Village Code Enforcement and Zoning Office

Village Code Enforcement Officer

106 South Main Street
PO Box 386
Naples, NY 14512
Phone: 585-439-5875

Fax: 585-374-2441
vceo@naplesny.us