Davos Planned Unit Development District, to be known also as "Planned Unit Development District No. 4," is hereby established in accordance with Article XV, Planned Unit Development Districts, of this chapter.
The purpose of this article is to establish, in accordance with
the Comprehensive Plan of the Town of Fallsburg, a well-integrated
and coordinated Planned Unit Development District which is sufficiently
flexible to permit an orderly development responsive to the various
needs of the community and regulated to protect and safeguard the
health, safety, and welfare of the inhabitants thereof and adjacent
thereto with the view of conserving the value of buildings and encouraging
the most appropriate use of land in the district.
As used in this article, unless the context or subject matter
otherwise requires, the following terms shall have the meanings indicated:
A form of development whereby the minimum lot size is reduced
below the requirements of this chapter if the land thereby gained
is preserved as open space.
A plan or project that contains one or more structures similar
in size and purpose or naturally complementary to each other, which,
for the purposes of this article, shall be treated as one planning
unit and for which a single separate building permit may be obtained.
A tract of land sufficient in size to contain one or more developments and which is established for the exclusive location of one or more classifications of uses permitted under each subsection of § 310-22.5 of this article.
The land upon which a group of attached individual townhouse
dwelling units shall be situated.
The lot upon which the individual townhouse dwelling unit
is situated.
A.
Specific uses. In Planned Unit Development District No. 4, no building
or other structure or land shall be located in other than a separate
special use area, grouped together and used for any purpose other
than:
(1)
One-family dwellings and accessory uses and buildings and recreational
facilities for the use of the occupants of said districts.
(2)
One-family, two-family and multifamily dwellings; row houses
or townhouses and recreational facilities for the use of the occupants
of said districts.
(3)
Hotels and motels; recreational facilities, convention centers,
including golf courses, golf driving ranges, fishing, miniature golf
courses, ski tows, swimming pools and beaches, ice or roller skating
rinks, bowling alleys, tennis courts, handball courts; volleyball
courts, theaters, eating and drinking establishments, including drive-in
restaurants and similar or customarily related uses or facilities.
(4)
Commercial uses which shall include but not be limited to barbershops,
beauty parlors, variety stores, banks, dry-cleaning establishments
where not more than five persons are employed and where no flammable
cleaning fluids are used, drugstores, fruit markets, grocery stores,
hardware stores, meat markets, department stores, motor vehicle service
stations subject to the provisions of this chapter, self-service laundries,
shoe repair shops and any accessory use or building customarily incidental
to the above permitted uses.
B.
Accessory uses. Customary accessory buildings and uses such as, but
not limited to, repair shops, storage sheds, maintenance barns, parking
areas and storage areas to be used in conjunction with the principal
building or use.
A.
Area per dwelling unit and lot dimensions. For a one-family dwelling,
the minimum land area shall be 7,500 square feet, and the minimum
width of the lot at the front building line shall not be less than
75 feet, and the minimum floor area of the building shall be 1,000
square feet, excluding the basement. However, no ground floor on said
building shall be less than 500 square feet.
B.
Front yards. No one-family dwelling, or part thereof, other than
steps, open porches, eaves and cornices and similar fixtures, shall
extend nearer the front street line (right-of-way) than 25 feet to
said street line.
C.
Rear yards. No one-family dwelling, or part thereof, other than steps,
open porches, eaves or cornices and similar fixtures, shall extend
nearer to the rear property line than 25 feet. When a building or
property extends through a block from street to street, the front
yard requirements shall be observed on both streets.
D.
Side yards. No one-family dwelling, or part thereof, other than steps,
open porches, eaves or cornices and similar fixtures, shall extend
nearer to the side property line than 12 feet.
E.
Corner lots. In the case of a corner lot, both yards abutting streets shall be considered front yards as provided in Subsection B of this section. The minimum width of the lot at the building line parallel to the street considered to be the front street shall be 75 feet.
F.
Height. No dwelling shall exceed 2 1/2 stories above final grade
or 35 feet in height above final grade of the topmost part of the
roof.
G.
Parking. For each dwelling unit, two automobile parking spaces shall
be provided.
A.
No detached private garage or other accessory building shall be placed
closer than 10 feet to the rear line of a lot, or closer to a side
line of a lot than 12 feet, and for each foot the height of such building
exceeds 17 feet, the offset from the rear and side lines shall be
increased by one foot. Attached garages or carports built as a structural
part of a dwelling, with or without a breezeway connection, shall
require the same front and side yards as a dwelling. However, an attached
garage or carport may extend into a required rear yard to the same
extent as an unattached garage. Detached garages shall be treated
in the same manner as attached garages.
B.
No garage or other accessory building shall be used as a dwelling.
C.
Except for necessary retaining walls, no fence or wall shall exceed
four feet in height.
A.
Area per dwelling unit and lot dimensions.
(1)
For a two-family dwelling or semidetached dwellings, the minimum
land area shall be 12,500 square feet, and the minimum floor area
of the building shall be 1,000 square feet, excluding the basement,
and the minimum width of the lot at the front building line shall
be not less than 100 feet.
(2)
For buildings containing three dwelling units, four dwelling
units or more than four dwelling units, the minimum lot size and minimum
frontage shall be in accordance with the following chart:
|
Minimum Lot Area
(square feet)
|
Minimum Frontage
(feet)
| |
|---|---|---|
|
Three-family
|
17,500
|
125
|
|
Four-family
|
20,000
|
125
|
|
More than four-family
|
20,500*
|
125
|
|
NOTE:
|
|
* Plus increases as noted below.
|
(4)
The total number of dwelling units permitted on a twenty-thousand-square-foot
minimum lot shall not exceed the sum of all the required dwelling
unit land areas. For each dwelling unit in excess thereof, the minimum
land area shall be increased by the minimum land area per dwelling
unit in accordance with the above chart. Further, the minimum lot
frontage of 150 feet shall be increased by 10 feet for each dwelling
unit in excess of the maximum permitted on a twenty-thousand-square-foot
lot.
B.
Yards.
(3)
Side yards.
(a)
For a two-family dwelling, the side yard setback shall not be
less than 20 feet on each side.
(b)
For each semidetached dwelling, there shall be a side yard of
not less than 25 feet on each side.
(c)
For a multifamily building containing three or more dwelling
units, the side yard setback shall not be less than 30 feet on each
side.
Row houses and townhouses shall not be governed by any of the
foregoing regulations but only by the following:
A.
Area and density. No more than eight dwelling units shall be permitted
per acre. The minimum land area or lot size per dwelling unit shall
be 1,600 square feet. The minimum width of each dwelling unit shall
be 20 feet. Individual dwelling units shall not cover more than 40%
of the townhouse individual lots upon which they are constructed.
There shall not be more than eight dwelling units in any one row house
or townhouse structure.
B.
Front yards. No building or part of a building, except open porches,
eaves and cornices and similar fixtures, shall extend closer to the
front street line (right-of-way) than 25 feet.
C.
Rear yard. No building or part of a building, except open porches,
eaves and cornices and similar fixtures, shall extend closer to the
rear property line than 20 feet, except when the rear line touches
a greenbelt area; then, and in such event, the rear yard depth shall
be five feet.
D.
Side yards. For row house or townhouse buildings which shall not
contain more than eight contiguous dwelling units; the side yard setback
shall be not less than 25 feet to the side property line, or, in the
case of two or more row house or townhouse buildings on a lot, the
distance between said buildings shall not be less than 30 feet. No
building or part of a building, except open porches, eaves, cornices
and similar features, shall extend within such side yard setback distance.
Individual townhouse lots attached to adjoining townhouse lots shall
have no setback on the attached side and, further, shall have no setback
on lots contiguous to green areas.
E.
Averaging of requirements. Notwithstanding the foregoing, in a project
consisting of two or more townhouse group lots, the maximum density
per acre or other requirements aforesaid may be deviated from, provided
that the overall requirements when averaged shall equal or exceed
the above standards. The purpose of this exception is to permit flexibility
of design and to provide for unusual topographical situations.
F.
Height and length. No row house or townhouse structure shall exceed
2 1/2 stories in height above final grade at the topmost part of the
roof. No row house or townhouse building shall exceed 225 feet in
length.
G.
Parking. For each row house or townhouse dwelling unit, two automobile
parking spaces shall be provided.
A.
Hotel and motel facilities, recreational facilities, golf courses,
golf driving ranges, fishing facilities, miniature golf courses, ski
tows, swimming pools and beaches, ice or roller skating rinks, bowling
alleys, tennis courts, handball courts; volleyball courts, theaters,
convention centers, eating and drinking establishments, including
drive-in restaurants and similar or customarily related uses or facilities.
(1)
Area and coverage. No hotel, motel or recreational building
or structure shall cover more than 25% of the land area upon which
it is constructed.
(2)
Front yards. There shall be a minimum front yard of 80 feet
into which there shall be no encroachment other than driveways, parking,
fences and walls.
(3)
Side and rear yards. No building or structure shall be placed
closer to a side or rear property line than 50 feet, and no automobile
parking shall be placed closer to a side or rear property line than
25 feet. For each story the height of structures exceeds two, the
offset from the side and rear property lines shall be increased by
10 feet.
B.
Commercial buildings and uses. Barbershops, beauty parlors, variety
stores, banks, dry-cleaning establishments where not more than five
persons are employed and where no flammable cleaning fluids are used,
drugstores, fruit markets, grocery stores, hardware stores, meat markets,
department stores, motor vehicle service stations subject to the provisions
of this chapter, self-service laundries, shoe repair shops and any
accessory use or building customarily incidental to the above-permitted
uses.
(1)
Corner lots. All nonresidential buildings and other structures
built on corner lots shall conform to the requirements of this chapter.
(2)
Height. In the case of neighborhood business areas lying completely
within one residence area, no building or structure shall exceed by
over 30% the maximum height of dwellings, except high-rise apartments
permitted in that residence area. In the case of a neighborhood business
district abutting two or more types of residence areas, no building
or structure shall exceed by over 30% the maximum height permitted
for dwellings except high-rise apartments in any of the abutting residential
districts.
Nothing contained in this article shall prohibit the transfer
of ownership of individual dwelling units in multifamily dwellings
as condominiums or of individual dwelling units in row houses or townhouses;
provided, however, that there shall be maintained, by way of owner
associations, joint ownership, easements or permanent agreements the
required standards as set forth in this article for the use and benefit
of the inhabitants thereof.
Commercial uses permitted shall be permitted only in central
development areas designed primarily for the use of the residents
and occupants of the Planned Development District. Such commercial
areas shall not exceed five acres in size.
Where a lot in any use area, other than any type residential,
abuts a lot in a residential use area, a strip 12 feet wide immediately
adjacent to said residential lot shall not be used for storage of
any material or goods, parking or roadway, and shall be suitably landscaped.
A.
Permitted use. Cluster housing developments shall be a permitted
use within this Planned Unit Development District.
B.
Restrictions and conditions.
(1)
Density. The proposed residential development must create an
attractive residential environment; produce a total average density
as specified if row houses or townhouses, provide aggregate open space
to be no less than that required in the area in which it is located;
guarantee permanent retention of open areas and insure care and maintenance
of open space.
(2)
Time limitations. Development must start within two years of
the date of approval and be completed within a reasonable time; it
must be consistent with the spirit and intent of this chapter, and
plans must be prepared with competent professional advice.
(3)
Area, yard and height restrictions. The area, yard and height
restrictions for each type of unit within a cluster housing development
shall be the same as elsewhere herein provided for such type of unit;
provided, however, that the minimum yard area and height requirements
may be reduced below the requirements set forth for such types of
dwelling units if the land thereby gained is preserved as open space.
(4)
Preservation of open land. For each square foot of land gained
within a residential subdivision through the reduction of lot size
below that required by minimum average density requirements as set
forth in this chapter, equal amounts of land shall be preserved and
maintained as open land.
(5)
Grant to lot owners. Such land shall be held in corporate ownership
by the owners of lots within the development or retained by the developer
but with such lot owners having rights to the use thereof, and the
developer shall incorporate into the deeds of all lots within the
development a clause giving to the owners the right to use such open
land which shall be used for recreational purposes only. No structure
except those that are incidental to the recreational use shall be
permitted thereon. In the case of such tracts of open area, the developer
may petition to the Town or municipality to take over the land to
be used in perpetuity as open space.
A.
The off-street parking and off-street loading requirements for this Planned Unit Development District unless otherwise provided in this article shall comply with the provisions of Article VIII of this chapter.
B.
In case of apartment houses, however, two parking spaces shall be
provided for each dwelling unit or apartment.
Multifamily dwellings and row houses or townhouses may be used
to accommodate the overflow of hotels or motels located within the
Planned Unit Development District. The purpose of this provision is
to enhance the value of the community as a resort and convention center
and therefore improve the economic base for all the inhabitants thereof.
In cases where the developer has designed special groups of
dwellings and garages not conforming with the provisions of this chapter,
the Zoning Board of Appeals, after referral to and report by the Planning
Board, may approve such nonconformity, provided that the sanitary
systems are approved by the appropriate health authorities, that the
average density does not exceed the permitted minimum or that the
layout is not detrimental to the health and welfare of the community.
Unless otherwise specifically provided, all the provisions of
this chapter shall apply to this Planned Unit Development District.
