[Added 12-6-1982]
It is the purpose and intent of this article to permit, where appropriate, the construction and development of townhouses (as herein defined) so as to provide a variety of housing types, encourage innovation in design and development, conserve open space ancillary to said dwellings and protect areas which have or may be partially developed by townhouses from incompatible uses. At the same time the Town does not desire such a large-scale development of such units to the extent that large areas of the Town become so devoted to such use that single-family residences would appear out of place. Accordingly, areas shall be zoned as a TH District only upon application for a specific proposal.
As used in this article, the following terms shall have the meanings indicated:
TOWNHOUSE DWELLING UNIT
A dwelling unit which is part of a townhouse cluster designed and occupied as a residence for one family only.
TOWNHOUSE OR ROWHOUSE CLUSTER
A group of not less than three nor more than six dwelling units attached to each other by at least one party wall. The terms "townhouse cluster" and "rowhouse cluster" shall have the same meaning and may be used interchangeably when used in the language of this article.
TOWNHOUSE OR ROWHOUSE DEVELOPMENT
Two or more townhouse clusters with streets, parking areas, sidewalks, common areas and open spaces, which may include recreational and social facilities intended principally for the use of the residents of the development, whether managed as a single and common operating unit or in cooperative form or, if the dwelling units are sold and conveyed in fee, managed by or through a homeowners' association, trust or other appropriate arrangement for the maintenance and conservation of the streets, parking areas, sidewalks, common areas, open space and facilities.
Townhouse clusters and developments shall be limited to and permitted in those areas which are now or may hereafter be zoned by the Town Board of the Town of Gates as a Townhouse Residence District in accordance with the normal rezoning procedures. The Town Board shall consider the general criteria set forth in this article the most current Comprehensive Plan for the Town, and the statement of purpose set forth in this article.
The following uses are permitted in a TH District:
A. 
Townhouse clusters and developments.
B. 
Single-family dwellings which conform to R-1-11 standards as set forth in Article XIX.
C. 
Private garages attached or detached for the use of the occupants of the dwelling units.
D. 
Maintenance buildings for the development.
E. 
Parks, playgrounds, play areas and other recreational areas, including structural facilities incidental to such areas, such as rest rooms, bathhouses and clubhouses, which facilities are intended principally for the use of the residents of the development and their guests.
A. 
Tract area. The minimum tract area for townhouse development shall be not less than 10 acres.
B. 
Density. Overall density shall not exceed five dwelling units per gross acre, and not more than 10 dwelling units shall be allowed on any one acre of land.
C. 
Setbacks.
(1) 
Front setbacks shall be as required in § 190-36.
(2) 
Side yard setbacks shall be not less than 40 feet between each cluster.
(3) 
Rear yard setbacks shall be not less than 20 feet for main building and five feet for accessory structure.
(4) 
Setbacks from property lines shall be 40 feet plus the same buffer area as required for a residential district from other districts as specified in § 190-34A and B.
D. 
Individual lot size.
(1) 
The minimum lot area shall be 2,000 square feet.
(2) 
The minimum lot width at the main building line shall be 20 feet.
(3) 
The minimum lot depth shall be 100 feet.
E. 
Minimum habitable floor area per dwelling unit shall be 1,100 square feet. No part of the habitable floor area shall be below grade level.
F. 
Building heights shall be the same as § 190-102E.
G. 
Parking requirements.
(1) 
A minimum of three paved parking spaces shall be provided for each dwelling unit, one of which shall be completely enclosed and covered.
(2) 
Parking spaces shall not be located in any front setback area.
(3) 
Appropriate screening shall be provided so as to prevent glare from headlights.
H. 
The maximum building lot coverage shall be of 30% in the Townhouse Residential Zone.
[Added 5-6-2019 by L.L. No. 1-2019]
Where a proposed townhouse development plan substantially meets the purpose and objectives of the TH District, the Planning Board is hereby authorized to vary the following dimensional requirements: § 190-111C(3), D(1), D(2) and D(3) and G(1).
All open spaces and/or community facilities which are a part of a townhouse development shall be attractively and regularly maintained. In order to effectively ensure such maintenance, the applicant for the approval of a townhouse development shall submit to the Planning Board for its review and approval a proposed written plan which, when finalized, shall be recorded in the Monroe County Clerk's office. Such plan shall detail provisions as to the ownership of such areas and facilities, rights and responsibilities of the residents thereto, method of assessing dues, if any, and means of enforcement.
A. 
Townhouse developments shall be permitted only in areas that are serviced by public water and sanitary sewers.
B. 
No permit for the construction of townhouses shall be issued unless the applicant shall first receive approval for a proposed townhouse development from the Planning Board pursuant to the Subdivision Ordinance of the Town of Gates, being Chapter 161 of the Code of the Town of Gates.
The project commonly known as "Hidden Valley," located on the west side of Pixley Road, having heretofore received either final or preliminary approval for its overall development shall not be subject to the dimensional requirements specified in § 190-111 of this article and may continue to be developed in accordance with prior approvals.