Town of Fallsburg, NY
Sullivan County
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Table of Contents
Table of Contents
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 meaning indicated:
CLUSTER HOUSING DEVELOPMENT
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.
DEVELOPMENT
A plan or project that contains one or more structures similar in size and purpose or naturally complimentary 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.
SPECIAL USE AREA
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 classification of uses permitted under each subsection of § 310-22.5 of this article.
TOWNHOUSE GROUP LOT
The land upon which a group of attached individual townhouse dwelling units shall be situated.
TOWNHOUSE INDIVIDUAL LOT
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 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 single-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 single-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 from said street line.
C. 
Rear yards. No single-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 single-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.
(3) 
Each dwelling unit within a residential building shall require minimum land areas in accordance with the following:
(a) 
One-bedroom unit: 3,000 square feet.
(b) 
Two-bedroom unit: 4,000 square feet.
(c) 
Three or more bedroom units: 5,000 square feet.
(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.
(1) 
Front yards shall be determined in the same manner as set forth in § 310-22.5B.
(2) 
Rear yards shall be determined in the same manner as set forth in § 310-22.5C.
(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.
C. 
Height.
(1) 
Two-family dwellings shall not exceed 2 1/2 stories in height above final grade or more than 35 feet in height above final grade at the topmost part of the roof.
(2) 
Multifamily dwellings shall not exceed 12 stories in height above final grade or more than 120 feet above final grade.
Row 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 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 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 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 or townhouse structure shall exceed 2 1/2 stories in height above final grade at the topmost part of the roof. No row or townhouse building shall exceed 225 feet in length.
G. 
Parking. For each row 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 on 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 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 a 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 areas 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).
B. 
In case of apartment houses, however, two parking spaces shall be provided for each dwelling unit or apartment.
Multifamily dwellings and row 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 an 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.