Gates City Zoning Code
ARTICLE XXI
TH Townhouse Residence District
§ 190-107 Purpose.
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.
§ 190-108 Definitions.
As used in this article, the following terms shall have the meanings indicated:
A dwelling unit which is part of a townhouse cluster designed and occupied as a residence for one family only.
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.
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.
§ 190-109 Location.
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.
§ 190-110 Permitted uses.
The following uses are permitted in a TH District:
A.
Townhouse clusters and developments.
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.
§ 190-111 Dimensional requirements.
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.
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.
G.
Parking requirements.
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]
§ 190-112 Variation of requirements.
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).
§ 190-113 Community facilities and open space.
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.
§ 190-114 Sewers required; approval.
A.
Townhouse developments shall be permitted only in areas that are serviced by public water and sanitary sewers.
§ 190-115 Exceptions to certain requirements.
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.