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Town of Delaware, NY
Sullivan County
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The restrictions and controls intended to regulate development in each district are set forth in the attached Schedule of District Regulations, which is supplemented by other sections of this chapter.[1]
A. 
Hamlet of Callicoon, DC - Downtown Callicoon Overlay District.
(1) 
The intent of this § 220-9A is to recognize the unique character of the existing development in the downtown area of the Hamlet of Callicoon, which is situated in the CAL-B-1 District. This area has long served as the central business district of the Hamlet of Callicoon and is largely comprised of buildings constructed prior to 1940. Most buildings have no or only minimal front yards and are set either very close to or directly upon side lot lines. Most of the area is covered with impervious surfaces — buildings, sidewalks, roads, alleys and parking areas. Parking on main street, existing on-lot parking areas, and Town-owned parking lots appears to be adequate to meet current needs and any anticipated needs of future development.
(2) 
Given this "downtown" character, the Town has identified the need for special standards governing the erection of new buildings and the alteration, addition to and enlargement of existing buildings in the downtown area. The standards are intended to allow the reasonable expansion of existing businesses and the development of new business in character with existing development, while concurrently providing for the public health, safety and welfare.
(3) 
The special standards in this § 220-9A shall apply to the Downtown Overlay District as designated in Subsection A(3)(a) of this section. All other requirements of this chapter which are not specifically addressed by this § 220-9A, including, but not limited to, the use provisions of the CAL-B-1 Schedule of Uses,[2] shall continue to apply to the Downtown Overlay District.
(a) 
Downtown Callicoon (DC) Overlay District designation. The Hamlet of Callicoon Downtown (DC) Overlay District is hereby designated and shall be comprised of the following parcels, and subsequent subdivisions thereof, as set forth on the Town of Delaware, Sullivan County, New York, Tax Maps, Section 14, Block 5, Parcels:
19
28
54
60.1
68.1
20.1
32
55
61.1
68.2
20.2
44.2
56.1
62.1
68.3
23
44.3
57
63.1
69
24
44.4
58.1
64.1
71
25
44.5
58.4
65.1
26
44.6
58.5
66
27.1
44.7
59.1
67.3
(b) 
Required yards.
[1] 
Front yard: zero feet.
[2] 
Side yards: five feet each.
[3] 
Rear yard: 10 feet.
The zero-foot front yard setback shall apply only to lot frontage on Main Street and School Street; the rear yard setback of 10 feet shall apply to all other street frontages.
(c) 
Structures with nonconforming setbacks. An existing building nonconforming as to a side yard setback may be altered, added to or enlarged along the existing nonconforming wall, provided such alteration, addition or expansion encroaches no farther into the required yard than the existing nonconformity. Any nonconformity which crosses a lot line shall not be eligible for this expansion.
(d) 
Maximum lot coverage: 100%.
(e) 
Maximum building coverage: 85%.
(f) 
Off-street parking and loading: Off-street parking and loading areas shall not be required.
[2]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.
A. 
Use requirements. No building shall be erected and no existing building shall be moved, altered, added to or enlarged, nor shall any land or building be divided, designed, used or intended to be used for any purpose or in any manner other than as permitted in the district in which such building or land is located.
B. 
Bulk requirements. No building shall be erected, no existing building shall be altered, enlarged or rebuilt, nor shall any open space surrounding any building be encroached upon or reduced in any manner, except in conformity to the yard, lot and building regulations hereinafter designated for the district in which such building is located.
C. 
Yards and open space. No yard or other open space provided around any building for the purpose of complying with the provisions of this chapter shall be considered as providing a yard or open space for any other building, and no yard or other open space on one lot shall be considered as providing a yard or open space for a building on any other lot.
Whenever a proposed use is not specifically permitted by this chapter, it shall be deemed prohibited. The applicant for such use shall have the option of submitting a request for a zoning law amendment or a variance in accord with the provisions of this chapter and the New York State Town Law, as amended.
[1]
Editor's Note: The Schedule of District Regulations is included as an attachment to this chapter.