Delaware Town City Zoning Code
ARTICLE V
Supplementary Regulations for Buildings and Lots
§ 220-12 Lot regulations.
A.
Lot dimensions. The ratio of lot depth to lot width of any new lot shall not exceed 5:1, unless the lot width is double or more than the minimum required for the zoning district in which the lot is located.
B.
Corner lots.
(1)
Clear sight triangles. Visual obstructions at street intersections (excluding an existing building, post, public utility structures, column or tree) exceeding four feet in height shall be prohibited on any lot within the triangle formed by the street lot lines of the lot and a line drawn between points along the right-of-way lines 50 feet distant from the point of intersection of the right-of-way lines.
(2)
Corner lots. On a corner lot, front yards are required on all street frontages, and one yard other than the front yards shall be deemed to be a rear yard, and the other or others, side yards.
C.
Two or more uses on a lot. Two or more principal buildings or uses located on a parcel in single ownership shall conform to all the requirements of this chapter which would normally apply to each building or use if each were on a separate district lot.
(1)
Residential. For the purposes of density of residential structures, lot size shall be increased to maintain the density required by this chapter. For example, the parcel size required for three single-family dwellings on one parcel would be determined by multiplying the minimum lot size for one dwelling by a factor of three.
(2)
Nonresidential. In the case of nonresidential uses, there shall be no limit on the number of uses or structures on a single parcel, provided all other standards of this chapter are satisfied. Where a special lot size is required for a particular use, that lot size shall be added to the district minimum, and not less than the sum of the two minimums shall be provided.
(3)
Residential/nonresidential. In the case where a residential dwelling is proposed in association with a nonresidential use on the same parcel, the minimum lot size required for the nonresidential use shall be increased by 50% of the minimum lot size for a residential dwelling in the same district.
(4)
Building separation. Principal structures located on the same lot shall be separated by a distance at least equal to the height of the highest adjoining structure but in no case less than 15 feet. (NOTE: Larger separation distances are encouraged to provide for required setbacks if future subdivision is proposed.)
D.
Required area or space cannot be reduced. The area or dimension of any lot, yard, parking area or other space shall not be reduced to less than the minimum required by this chapter, except as provided herein.
§ 220-13 Height regulations.
No building or structure shall have a greater height than is permitted in the district where such building or structure is located, except as provided in this § 220-13. Chimneys, cupolas, silos, fire towers, steeples, water towers, spires or necessary mechanical appurtenances which are part of a building may exceed the height limitations established by this chapter, but no such structure shall be used as a place of habitation or for tenant purposes. Cooling towers, communications towers and similar freestanding structures proposed in excess of the permitted height in a district, shall be treated as special uses. The provisions of this § 220-13 shall not apply to agricultural uses and structures.
§ 220-14 Yard regulations.
Every part of a required yard must be open to the sky and be unobstructed except for plantings and, in the case of side yards and rear yards, ordinary projections of chimneys, steps, sills, cornices and ornamental features not extending more than three feet beyond the building wall and fire escapes not extending more than four feet beyond the building wall. No such projection shall extend to less than 10 feet from any side or rear lot line. The setbacks listed in § 220-9A(3)(b) shall apply to all parts of buildings and all projections from buildings in the DC Downtown Callicoon Overlay District.
A.
Permitted obstructions. Fences or walls not over 6 1/2 feet in height may be erected anywhere on a lot but shall comply with the clear sight requirements of § 220-12B of this chapter.
B.
Front yards on narrow streets. On streets with less than fifty-foot right-of-way, the front yard requirement shall be measured from the center line of the existing roadway, and 25 feet shall be added to the front yard requirement. This § 220-14B shall not apply in the DC Downtown Callicoon Overlay District.
C.
Side yards. Where the side wall of a building is not parallel with the side lot line or is broken or otherwise irregular, the side yard may be varied. In such cases, the average width of the side yard shall not be less than the otherwise required minimum width; provided, however, that such side yard shall not be narrower at any one point than 1/2 the otherwise required minimum width.
§ 220-15 Maximum lot coverage.
Lot coverage shall not be greater than is permitted in the applicable zoning district. Land cleared as part of the building or development process shall be improved, landscaped or otherwise protected from erosion.
§ 220-16 Accessory structures.
Accessory structures which are not attached to a principal structure shall occupy not more than 30% of a required rear or side yard and shall not be located within 10 feet of side or rear lot lines and shall not be located in any portion of the front yard required for the district. When an accessory structure is attached to the principal structure, it shall comply in all respects with the yard requirements of this chapter applicable to the principal structure. This § 220-16 shall not apply in the DC Downtown Callicoon Overlay District; however, the setbacks listed in § 220-9A(3)(b) shall apply to all parts of buildings and all projections from buildings in the DC Downtown Callicoon Overlay District.
§ 220-17 Structural requirements.
Retired school buses, trailers, vans, railroad cars, recreational vehicles or similar vehicles or equipment shall not, under any circumstances, be permitted as principal or accessory structures for any use. However, trailers maintained in good condition shall be permitted for such storage accessory to an approved commercial, industrial or manufacturing use in the B-1, CAL-B-1 and RU Districts. The placement of said trailers shall require a permit and shall meet the setback requirements of this chapter, and such trailers shall not be used for the storage of any flammable or hazardous material.