Vacation Village Planned Unit Development District, to be known also as "Planned Unit Development District No. 7," is hereby established in accordance with Article
XV, Planned Unit Development Districts, of this Chapter
310.
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 section of
this article.
TOWNHOUSE GROUP LOT
The land upon which a group of attached individual townhouse
dwelling units shall be situated.
The following area, yard and height restrictions shall apply, subject, however, to the average density modifications set forth in Article
XIV, Cluster Developments:
A. Area per dwelling unit and lot dimensions. For a one-family dwelling,
the minimum land area shall be 6,000 square feet, and the minimum
width of the lot at the front building line shall be not less than
60 feet, and the minimum floor area of the building shall be 800 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 from
said street line.
C. Rear yards. No one-family dwelling, or part thereof, other than steps,
open porches, eaves and 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 and 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 60 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, 1 1/2 automobile parking spaces
shall be provided.
The following area, yard and height restrictions shall apply, subject, however, to the average density modifications set forth in Article
XIV, Cluster Developments:
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.
Row houses and townhouses shall not be governed by any of the foregoing regulations but only by the following; subject, however, to the average density modifications set forth in Article
XIV, Cluster Developments:
A. Area and density. No more than 12 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 12 dwelling units in any one row house
or townhouse building.
B. Front yards. No one-family dwelling, or part thereof, other than
steps, open porches, eaves and cornices and similar fixtures, shall
extend closer to the front street line (right-of-way) than 25 feet.
C. Rear yards. There shall be a rear yard with a depth of not less than
20 feet except when the rear lot line touches a greenbelt area; then,
and in that event, the rear yard depth shall be five feet.
D. Side yards. For row house or townhouse buildings which shall not
contain more than 12 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. 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 building 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 dwelling unit, 1 1/2 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 the 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 and residential rental uses permitted shall be situated
in the buildings presently in existence and devoted to public uses
on the date of the adoption of this chapter in replacements thereof,
or in the rental buildings authorized hereunder in the location of
the present Governor Building and immediately to the south thereof.
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
and screened.
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.