Derby City Zoning Code
ARTICLE I
General Provisions
§ 195-1 Short title.
This regulation shall be known and may be cited as the "1999 City of Derby Zoning Regulation."
§ 195-2 Purposes.
In accordance with the provisions of Chapter 124 of the Connecticut General Statutes, there is hereby established a Comprehensive Zoning Plan for the City of Derby, which plan is set forth in the text and map that constitute this regulation. Said plan is adopted in the interest of the protection and promotion of the public health, morals and general welfare and shall be deemed to specifically include the following, among others:
A.
The facilitation of the efficient and adequate provision of public facilities and services;
B.
The assurance of adequate and necessary sites for residence, industry, commerce, recreation, open space and public and quasi-public uses reflecting local and appropriate regional needs;
C.
The provision of privacy for families;
D.
The prevention and reduction of traffic congestion, so as to promote efficient and safe circulation of vehicles and pedestrians;
E.
The maximum protection of residential areas from the intrusion of incompatible land uses, from traffic congestion and from environmental pollution, including the provision of adequate light and air;
F.
The protection of historic buildings, sites and their environs;
G.
The enhancement of the appearance of the City of Derby as a whole;
H.
The maximum practical preservation of natural and other significant environmental features, including water bodies, wetlands, steep slopes, hilltops, major strands of trees and other areas of geological, ecological or scenic value; and
I.
The encouragement of flexibility in the design and development of land in such a way as to promote the most appropriate use of lands, to facilitate the adequate and economic provision of streets and utilities, to preserve the natural and scenic qualities of open lands and to enhance and protect the environmental quality of the city.
§ 195-3 Interpretation.
A.
The word "shall" is to be interpreted as a mandatory directive and does not confer any discretion in carrying out the action so directed.
B.
In the interpretation and application, the provisions of the regulation shall be held to be the minimum requirements for the promotion of the public health, safety, convenience, comfort and general welfare. This regulation shall not interfere with or abrogate or annul any easement, covenant or other agreement between parties; provided, however, that when this regulation imposes a greater restriction on the use of buildings or land or on the height of buildings or requires larger open spaces or imposes any higher standards than are imposed or required by any other statute, covenant or agreement, the provisions of the regulation shall control. Where the requirements of this regulation differ from the requirements of another statute, law, ordinance, rule or regulation, the more restrictive shall govern.
C.
Further, with regard to all requirements, this regulation shall be interpreted positively; that is, anything that is not specifically permitted is prohibited.
§ 195-4 Jurisdiction.
Within the City of Derby, no land, building or other structure shall be used and no building or other structure shall be constructed, reconstructed, enlarged, extended, moved or structurally altered except in conformity with these regulations. No lot or land shall be subdivided, sold, encumbered or conveyed so as to:
A.
Make said lot or land nonconforming or more nonconforming to these regulations;
B.
Make any use, building or other structure nonconforming or more nonconforming;
C.
Reduce any setback, yard, open space or off-street parking and loading spaces to less than is required by these regulations; or
D.
Make any nonconforming setback, yard, open space or off-street parking and loading spaces more nonconforming.
§ 195-5 Division of existing lots.
Where a lot is formed from part of a lot already occupied by a building, such separation shall effect in such a manner as not to impair any of the provisions of this regulation with respect to the existing building, and no building permit shall be issued for the construction or erection of a building or structure upon the new lot thus created unless it complies with the provisions of the regulations.