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Gates City Zoning Code

ARTICLE XX

MR Multiple Residence District

§ 190-99 Purpose.

It is the intent to permit, where appropriate, the construction and development of multiple-family residences in the Town. At the same time, the Town does not desire the large-scale development of these 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 an MR District only upon application for a specific proposal in accordance with the normal rezoning procedures. In reaching its decision, the Town Board shall consider the general criteria set forth in this chapter, the most current Comprehensive Plan for the Town and this statement of purpose.

§ 190-100 Permitted uses.

The following uses are permitted in the MR District:
A. 
Apartment houses, multiple dwellings and dwelling groups and condominiums and cooperatives, which are simply apartment units under certain specific rules of ownership.
B. 
Two-family-unit structures and other two-unit structures.
C. 
Normal accessory uses designed as an integral part of the development and scaled for the exclusive use of the development.
D. 
Public recreation and parks owned and maintained by the Town of Gates.
E. 
Public buildings and grounds, excluding maintenance, storage or repair facilities.
F. 
Public schools accredited by the New York State Department of Education.

§ 190-101 Conditional uses.

The following uses and their customary accessory uses are permitted upon issuance of a conditional use permit pursuant to Article XXXII:
A. 
Customary home occupations.
B. 
Public utilities substations and uses, excluding power plants or repair yards and warehouses or uses similar in nature.
C. 
Nonprofit private schools and nursery or day-care schools, but not including business, dancing, trade or any other commercially oriented school.
D. 
Churches and similar uses.

§ 190-102 Dimensional requirements.

A. 
Lot area. Minimum lot area shall not be less than five acres for multiple-residence complexes. All other uses shall have lot sizes of not less than 15,000 square feet.
B. 
Density. Density shall not exceed six dwelling units per acre.
C. 
Setbacks.
(1) 
Front setbacks shall be as required in § 190-36.
(2) 
Side and rear yard setbacks shall not be less than 40 feet between structures on the site and a property line, plus any required buffer listed in § 190-34A.
D. 
Floor areas. Minimum floor areas, exclusive of common areas such as halls, foyers and basement utility areas, shall be as follows:
(1) 
Efficiency unit: 450 square feet.
(2) 
One-bedroom apartment: 600 square feet.
(3) 
Two-bedroom apartment: 800 square feet.
(4) 
Three-bedroom apartment: 950 square feet.
(5) 
Duplex dwelling unit floor areas: same as required in the R-1-15 District.[1]
[1]
Editor's Note: See Article XIX, R-1 Residence District.
E. 
Building heights.
(1) 
Principal structures shall not exceed 35 feet.
(2) 
Accessory structures shall not exceed 15 feet.
F. 
Open space. There shall be at least 400 square feet of common open space for recreation, active and/or passive, for each multiple residence.
G. 
No multiple-residence structure shall contain more than eight dwelling units. No dwelling unit's floor area shall be below grade level.
H. 
The maximum building lot coverage shall be 30% in the Multiple Residential Zone.
[Added 5-6-2019 by L.L. No. 1-2019]

§ 190-103 Off-street parking and loading space requirements.

Off-street parking shall be provided as listed in Article IV.

§ 190-104 Signs.

Signs are permitted as listed in Article V.

§ 190-105 Fences, hedges, berms and screen plantings.

Fences, hedges, berms and screen plantings are permitted or, alternatively, shall be required as listed in Article VI.

§ 190-106 Site plan approval.

Site plan approval shall be secured as required in Article XXXIII.