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:
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 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.
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 classifications 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.
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.
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.
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.