Derby City Zoning Code
ARTICLE III
Zoning Districts and District Requirements
§ 195-8 Zoning districts enumerated.
For the purpose of this regulation, the City of Derby is hereby divided into types of zoning districts, differentiated according to use and building regulations, and to be known and designated as follows:
Zoning Districts | |
|---|---|
Residence zones | |
R-1 Zone | |
R-2 Zone | |
R-3 Zone | |
R-4 Zone | |
R-5 Zone | |
R-M Zone | |
Public and semipublic zones | |
P Zone | |
H/C Hospital Campus Zone | |
Business zones | |
B-1 Zone | |
B-2 Zone | |
Center Design Development Zone (CDD Zone) | |
Industry zones | |
I-1 Zone | |
Industrial Campus Zone (I-C Zone) | |
Floodplain Zone (FP Zone) | |
Open Space Zone (OS Zone) | |
§ 195-9 Residential - 1 (R-1) Zone.
A.
Intent. These zones are designed to consist of single-family houses on lots of sufficient size to support private sewage disposal systems if necessary. They are designed to encourage a somewhat higher quality of suburban development with ample lots. Institutions and similar uses will be necessary and appropriate in these zones but only as special exceptions upon a finding that development will be compatible with the character of the zone.
B.
Permitted uses. Permitted uses in the R-1 Zone shall be as follows:
(1)
Single-family dwellings.
(2)
Parks and playgrounds.
(3)
Noncommercial agriculture or horticulture.
C.
Accessory uses. Accessory uses in the R-1 Zone shall be as follows:
(1)
Home professional offices.
(2)
Customary accessory structures.
D.
Special exceptions in the R-1 Zone shall be as follows:
(1)
Nursery.
(2)
Home occupations.
(3)
Public places of worship.
(4)
School.
(5)
Library.
(6)
Public utility building without repair facilities or outdoor storage yard.
(7)
Public or semipublic building.
(8)
Convalescent home (nursing home).
(9)
Child day-care center.
(10)
Riding academy (minimum land area required: five acres, plus one acre per horse).
E.
Bulk requirements. Bulk requirements in the R-1 Zone shall be as follows:
(1)
Each lot shall have an area of 40,000 square feet and a width of at least 175 feet, measured at the required front yard setback.
(2)
Maximum lot coverage: 20%.
(3)
Maximum height: 30 feet.
(4)
Minimum required front yard: 50 feet.
(5)
Minimum required rear yard: 75 feet.
(6)
Minimum required side yard: 25 feet.
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: 25 feet.
§ 195-10 Residential - 2 (R-2) Zone.
A.
Intent. These zones are designed to consist of single-family houses on lots of sufficient size to support private sewage disposal systems if necessary. They are designed to encourage a somewhat higher quality of suburban development with ample lots. Institutions and similar uses will be necessary and appropriate in these zones but only as special exceptions upon a finding that development will be compatible with the character of the zone.
B.
Permitted uses. Permitted uses in the R-2 Zone shall be as follows:
(1)
Single-family dwellings.
(2)
Parks and playgrounds.
(3)
Noncommercial agriculture or horticulture.
C.
Accessory uses. Accessory uses in the R-2 Zone shall be as follows:
(1)
Home professional offices.
(2)
Customary accessory structures.
D.
Special exceptions. Special exceptions in the R-2 Zone shall be as follows:
(1)
Nursery.
(2)
Home occupations.
(3)
Public places of worship.
(4)
School.
(5)
Library.
(6)
Public utility building without repair facilities or outdoor storage yard.
(7)
Public or semipublic building.
(8)
Convalescent home (nursing home).
(9)
Child day-care center.
E.
Bulk requirements in the R-1 Zone shall be as follows:
(1)
Each lot shall have an area of 20,000 square feet and a width of at least 120 feet measured at the required front yard setback.
(2)
Maximum lot coverage: 25%.
(3)
Maximum height: 30 feet.
(4)
Minimum required front yard: 40 feet.
(5)
Minimum required rear yard: 50 feet.
(6)
Minimum required side yard: 20 feet.
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: 20 feet.
§ 195-11 Residential - 3 (R-3) Zone.
A.
Intent. These zones are designed to consist of single-family houses on lots of sufficient size only where public water supply and sewers are available. They are also designed to encourage a somewhat higher quality of suburban development. Institutions and similar uses will be necessary and appropriate in these zones but only as special exceptions upon a finding that development will be compatible with the character of the zone.
B.
Permitted uses. Permitted uses in the R-3 Zone shall be as follows:
(1)
Single-family dwellings.
(2)
Parks and playgrounds.
(3)
Noncommercial agriculture or horticulture.
C.
Accessory uses. Accessory uses in the R-3 Zone shall be as follows:
(1)
Home professional offices.
(2)
Customary accessory structures.
D.
Special exceptions. Special exceptions in the R-3 Zone shall be as follows:
(1)
Nursery.
(2)
Home occupations.
(3)
Public places of worship.
(4)
School.
(5)
Library.
(6)
Public utility building without repair facilities or outdoor storage yard.
(7)
Public or semipublic building.
(8)
Convalescent home (nursing home).
(9)
Child day-care center.
E.
Bulk requirements. Bulk requirements in the R-3 Zone shall be as follows:
(1)
Each lot shall have an area of 15,000 square feet and a width of at least 100 feet measured at the required front yard setback.
(2)
Maximum lot coverage: 20%.
(3)
Maximum height: 30 feet.
(4)
Minimum required front yard: 30 feet.
(5)
Minimum required rear yard: 50 feet.
(6)
Minimum required side yard: 16 feet.
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: 16 feet.
§ 195-12 Residential - 4 (R-4) Zone.
A.
Intent. These zones are primarily residential in nature and consist of areas built up in years past with single-family and scattered two-family and multifamily structures. They constitute part of the urban concentration in Derby. An important purpose of the standards applicable in these zones is to recognize the relatively high concentration of dwellings and population already present, while preserving existing development from overcrowding and not permitting conversion to and construction of dwellings containing two or more families. Institutions and similar uses are appropriate in these zones but only as special exceptions upon a finding that development will be compatible with the character of the zone.
B.
Permitted uses. Permitted uses in the R-4 Zone shall be as follows:
(1)
Single-family dwellings.
(2)
Parks and playgrounds.
(3)
Noncommercial agriculture or horticulture.
C.
Accessory uses. Accessory uses in the R-4 Zone shall be as follows:
(1)
Home professional office.
(2)
Customary accessory structures.
D.
Special exceptions. Special exceptions in the R-4 Zone shall be as follows:
(1)
Congregate housing.
(2)
Home occupations.
(3)
Public places of worship.
(4)
School.
(5)
Library.
(6)
Public utility building without repair facility or outdoor storage yard.
(7)
Public or semipublic building.
(8)
Bed-and-breakfast inns.
(9)
Child day-care center.
E.
Bulk requirements. Bulk requirements in the R-4 Zone shall be as follows:
(1)
Each lot shall have an area of 9,000 square feet and a width of at least 80 feet measured at the required front yard setback.
(2)
Maximum lot coverage: 25%.
(3)
Maximum height: 30 feet.
(4)
Minimum required front yard: 25 feet.
(5)
Minimum required rear yard: 40 feet.
(6)
Minimum required side yard: eight feet.
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: eight feet.
§ 195-13 Residential - 5 (R-5) Zone.
A.
Intent. These zones are primarily residential in nature and consist of areas built up in years past with single-family, two-family and multifamily structures. They constitute part of the urban concentration. An important purpose of the standards applicable in these zones is to recognize the relatively high concentration of dwellings and population already present, while preserving existing development from overcrowding and permitting conversion to, and construction of, dwellings containing one and two families at standards consistent with preservation of the character of the zone. Institutions and similar uses will be necessary and appropriate in these zones but only as special exceptions upon a finding that development will be compatible with the character of the zone.
B.
Permitted uses. Permitted uses in the R-5 Zone shall be as follows:
(1)
Single- and two-family dwellings.
(2)
Parks and playgrounds.
C.
Accessory uses. Accessory uses in the R-5 Zone shall be as follows:
(1)
Home professional offices.
(2)
Customary accessory structures.
D.
Special exceptions. Special exceptions in the R-5 Zone shall be as follows:
(1)
Congregate housing.
(2)
Home occupations.
(3)
Public places of worship.
(4)
School.
(5)
Library.
(6)
Public utility building without repair facilities or outdoor storage yard.
(7)
Public or semipublic building.
(8)
Bed-and-breakfast inns.
(9)
Child day-care center.
(10)
Professional office located on a lot having frontage and direct access to the following streets: New Haven Avenue, Derby Avenue, or Atwater Avenue and located on the first floor of any building having a residence in it. All parking must be on the side or rear of the structure.
E.
Bulk requirements. Bulk requirements in the R-5 Zone shall be as follows:
(1)
Each lot shall have an area of 7,500 square feet and a width of at least 75 feet measured at the required front yard setback.
(2)
Minimum required lot area per family: 5,000 square feet.
(3)
Maximum lot coverage: 30%.
(4)
Maximum height: 40 feet.
(5)
Minimum required front yard: 25 feet.
(6)
Minimum required rear yard: 35 feet.
(7)
Minimum required side yard: eight feet.
(8)
Accessory uses.
(a)
Building from rear line of lot: eight feet.
(b)
Building from side line of lot: eight feet.
§ 195-13.1 Residential - Single Family Dwellings, Housatonic River Floodplain Design District (R-6).
[Added 6-15-2005]
A.
Intent. This zone is intended to preserve the single-family residential character of an area where there currently exist detached single-family residential dwelling structures located in a floodway or floodplain. However, unlike more traditional residential areas which have been subdivided into individual lots, these existing detached single-family residential dwellings are not situated on individual, legally separate and recognized lots but are located on a single lot which is commonly owned. An important purpose of the standards applicable in this zone is to preserve the single-family residential character of the area and its existing density, while recognizing the unique development history of the parcel and the nature of the existing dwelling structures so as to:
(1)
Permit reasonable improvements and renovations to the existing single-family residential structures and area;
(2)
Facilitate the financing and conveyance of the property interests unique to the area; and
(3)
Reduce and/or eliminate structures or development in the floodway.
B.
Permitted uses. Permitted uses in the R-6 Zone shall be as follows:
(1)
Detached single-family residential dwellings with a density not to exceed one dwelling per 20,000 square feet of total lot area. The calculation of the total lot area available for such dwellings shall exclude any area allocated to a community structure as defined in Subsection D hereof.
(2)
Parks and playgrounds.
(3)
Noncommercial agriculture or horticulture.
C.
Accessory uses. Accessory uses in the R-6 Zone shall be as follows:
(1)
A single one-story accessory structure (utility shed or garage) per dwelling meeting the requirements (other than setback) of § 195-26X. Any accessory structure must meet the setback standards of Subsection E(10) hereof.
D.
Special exceptions. Special exceptions in the R-6 Zone shall be as follows:
(1)
Home occupations.
(2)
A single community center, such as a meeting room or pavilion, provided that said structure meets the following minimum standards:
(a)
The building or structure has ground floor area or building footprint not in excess of 2,500 square feet;
(b)
The building or structure does not exceed a height of 25 feet above the base flood elevation;
(c)
The building or structure is allocated at least 20,000 square feet of total lot area; and
(d)
The building or structure is intended for the exclusive use of the occupants of the single-family residential dwellings.
E.
Bulk requirements. Bulk requirements in the R-6 Zone shall be as follows:
(1)
Minimum lot size. The total lot area of the parcel shall not be less than 10 acres.
(2)
Floodway or floodplain. The lot must have not less than 500 feet of frontage along the Housatonic River and must be primarily located in the Housatonic River floodplain and/or floodway.
(3)
Building density per lot area. There shall be no more than one building, dwelling or structure, other than an allowed accessory structure, per 20,000 square feet of total lot area.
(4)
Maximum lot coverage: 20%.
(5)
Maximum height. No building, dwelling or structure shall exceed a height of 30 feet above the base flood elevation. Any building, dwelling or structure not located in the floodplain or flood hazard area shall have a maximum height of 30 feet. The height of accessory structures shall be governed by Subsection E(10).
(6)
Minimum front yard setback: 25 feet.
(7)
Minimum rear yard setback: 20 feet. (Note: For purposes of this section, the lot frontage abutting the Housatonic River shall be considered the rear yard.)
(8)
Minimum required side yard setback: five feet per story of building.
(9)
Minimum distance between buildings, dwellings and structures. Regardless of the setback standards and requirements set forth Subsection E(6) to (8), no building, dwelling or structure shall be located less than 12 feet from another building, dwelling or structure. This prohibition shall not apply to any accessory structures otherwise allowed hereunder.
(10)
Reduction of development in the floodway area. Regardless of the setback standards and requirements set forth in Subsection E(6) to (8), the following prohibitions apply to development in the floodway: no existing building, dwelling or structure currently located in the floodway shall be enlarged or otherwise extended further into the floodway; and no new buildings, dwelling or structures shall be permitted to be constructed in the floodway. (Note: A dock, slip, pier or other in-water structure shall not be considered a structure for purposes of this section.)
(11)
Accessory structures. (Note: A dock, slip, pier or other in-water structure shall not be considered an accessory structure for purposes of this section.)
(a)
Building from front line of lot: 15 feet.
(b)
Building from side line of lot: 5 feet.
(c)
Building from rear line of lot: 20 feet.
F.
General standards.
(1)
There shall be no additional single-family residential dwelling units are permitted to be built in the floodway or floodplain in excess of the number of single-family residential dwelling units existing in the floodway or floodplain as of the effective date of this section. This section is not intended and shall not be interpreted as prohibiting the renovation, enlargement or reconstruction of single-family residential dwellings existing as of the effective date of this section.
(2)
The ground floor area of any building, dwelling or structure shall not exceed 2,500 square feet, provided that if an existing building, dwelling or structure is eliminated, the 2,500 square feet of ground floor for the eliminated building, dwelling or structure may thereafter be allocated to the allowable ground floor area of another existing dwelling structure.
G.
Floodplain management controls. No provision of this section is intended or shall be construed as amending, waiving or otherwise superseding the standards and requirements contained in § 195-107 et seq., Floodplain Management Controls, of these regulations as the same may be amended from time to time.
§ 195-14 Residential Multiple (R-M) Zone.
A.
Intent. These zones are designed to accommodate multifamily dwellings at moderate densities on limited sites. Such zones may be situated on main highways and thoroughfares or in or adjacent to predominantly single-family residential neighborhoods.
B.
Permitted uses. Permitted uses in the R-M Zone shall be as follows:
(1)
Multifamily dwellings.
(2)
Parks and playgrounds.
C.
Accessory uses. Accessory uses in the R-M Zone shall be as follows:
(1)
Home professional office.
(2)
Customary accessory structures.
D.
Special exceptions. Special exceptions in the R-M Zone shall be as follows:
(1)
Public places of worship.
(2)
School.
(3)
Convalescent home.
E.
Bulk requirements. Bulk requirements in the R-M Zone shall be as follows:
(1)
Each lot shall have an area of 40,000 square feet and a width of at least 100 feet measured at the required front yard setback line.
(2)
Minimum required lot area per family: 8,000 square feet.
(3)
Maximum lot coverage: 30%.
(4)
Maximum height: 50 feet.
(5)
Minimum required front yard: 15 feet.
(6)
Minimum required rear yard: 35 feet.
(7)
Minimum required side yard: eight feet per story of building.
(8)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: 10 feet.
§ 195-15 Business - 1 (B-1) Zone.
A.
Intent. These zones are designed to accommodate heavy commercial and retail functions necessary for service to the community, including general automotive sales and service uses. The zones are situated on main highways and thoroughfares, and applicable standards are designed to recognize, preserve and improve the character of existing development as well as to be consistent with the intensity of use in adjacent residential areas; parking needs for each development will be satisfied on its own lot. Any new residential construction in these zones would be inconsistent with the purpose of the zones and would occur under conditions unfavorable for residential occupancy.
B.
Permitted uses. Permitted uses in the B-1 Zone shall be as follows:
(1)
Animal hospital.
(2)
Medical and dental clinics.
(3)
Wholesale business.
(4)
Warehouses.
(5)
Public utility buildings.
(6)
Retail business.
(7)
Service facilities only when accessory to allowable retail business.
(8)
Laundromat.
(9)
Bank.
(10)
Restaurant (including carry-out or drive-in).
(11)
Theater (movie or live entertainment).
(12)
Office buildings.
(13)
Automatic car wash.
(14)
Personal service store or studio.
C.
Accessory uses. Accessory uses in the B-1 Zone shall be as follows: customary accessory structures.
D.
Special exceptions. Special exceptions in the B-1 Zone shall be as follows:
(1)
Public and semipublic buildings.
(2)
Gasoline service stations and/or car wash.
(3)
Motor vehicle repair facilities.
[Amended 11-9-2009]
(4)
Research laboratories.
(5)
Shopping center containing not fewer than eight separate business establishments, at least one of which shall be not less than 10,000 square feet in size.
E.
Bulk requirements. Bulk requirements in the B-1 Zone shall be as follows:
(1)
Each lot shall have an area of at least 30,000 square feet and a width of at least 200 feet measured at the front yard setback line.
(2)
Maximum lot coverage: 35%.
(3)
Maximum height: 35 feet.
(4)
Minimum required front yard: 20 feet.
(5)
Minimum required rear yard: 20 feet (50 feet next to an R Zone).
(6)
Minimum required side yard: 20 feet (40 feet next to an R Zone).
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet (50 feet next to an R Zone).
(b)
Building from side line of lot: 20 feet (50 feet next to an R Zone).
§ 195-16 Business - 2 (B-2) Zone.
A.
Intent. These zones are designed to provide sites for essential retail services in or adjacent to residential neighborhoods. Such zones have been established primarily on land suitable for new neighborhood shopping construction. While new residential construction within these zones will be inconsistent with their purpose, review of site plans for each development will be essential to assure adequate parking and traffic facilities, agreeable relationship to adjacent residential areas, a high quality of commercial development and coordination with the Comprehensive Plan of Zoning.
B.
Permitted uses. Permitted uses in the B-2 Zone shall be as follows:
(1)
Animal hospital.
(2)
Medical and dental clinics and laboratory.
(3)
Retail business.
(4)
Personal service store or studio.
(5)
Restaurant (including carry-out or drive-in).
(6)
Dwelling combined in the same building with another permitted or special exception use.
(7)
Hotel.
(8)
Funeral home.
(9)
Nursing home.
(10)
Commercial recreation center (indoor).
(11)
Theater (movie or live entertainment).
(12)
Laundromat.
(13)
Newspaper branch office (no printing).
(14)
Bank.
(15)
Offices.
(16)
Shopping center with a maximum floor area of 8,000 square feet.
C.
Accessory uses. Accessory uses in the B-2 Zone shall be as follows: customary accessory structures.
D.
Special exceptions. Special exceptions in the B-2 Zone shall be as follows:
(1)
Public and semipublic buildings.
(2)
Public utility building.
(3)
Gasoline service stations.
(4)
Automatic car wash (no gas).
(5)
Construction contractor's business with a screened, paved storage and equipment parking area.
[Amended 9-11-2006]
E.
Bulk requirements. Bulk requirements in the B-2 Zone shall be as follows:
(1)
Each lot shall have an area of 6,000 square feet and a width of at least 60 feet measured at the required front yard setback line.
(2)
Maximum lot coverage: 50%.
(3)
Maximum height: 25 feet.
(4)
Minimum required front yard: 10 feet.
(5)
Minimum required rear yard: 30 feet (see § 195-25E).
(6)
Minimum required side yard: eight feet (see § 195-25E).
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet (20 feet if next to an R Zone).
(b)
Building from side line of lot: eight feet (20 feet if next to an R Zone).
§ 195-17 Industrial - 1 (I-1) Zone.
A.
Intent. These zones consist of areas that have been experiencing commercial and industrial development over a period of years. Applicable standards account for a range or size for establishments and relatively intensive use of the land. Development of retail and general automotive uses in these zones will not be inconsistent with their purpose; further residential construction in these zones will be inconsistent with their purpose and would occur under conditions unfavorable for residential occupancy.
B.
Permitted uses. Permitted uses in the I-1 Zone shall be as follows:
(1)
Moderate intensity, non-nuisance manufacturing uses.
(2)
Research and development facilities.
(3)
Warehouse.
(4)
Machine shops.
(5)
Office buildings of not less than 5,000 square feet.
(6)
Construction contractor's business with a screened, paved storage and equipment parking area.
(7)
Lumberyard with a screened, paved storage and equipment parking area.
C.
Accessory uses. Accessory uses in the I-1 Zone shall be as follows: outdoor storage areas, subject to site plan approval.
D.
Special exception uses. Special exception uses in the I-1 Zone shall be as follows:
(1)
Animal hospital.
(2)
Gasoline service stations with convenience store and/or car wash.
[Amended 8-9-2010]
(3)
Motor vehicle dealer.
(4)
Motor vehicle repair facility.
(5)
Indoor movie theater.
(6)
Indoor commercial recreation facility.
(7)
Trucking terminal.
(8)
Hotel or motel.
(9)
Research lab.
(10)
Child day-care center.
(11)
Health care facilities which shall be limited to medical clinical laboratory, outpatient medical clinic, and office for the practice of professional health care services.
[Amended 12-11-2006]
E.
Bulk requirements. Bulk requirements in the I-1 Zone shall be as follows:
(1)
Each lot shall have an area of 40,000 square feet and a width of at least 100 feet measured at the required front yard setback line.
(2)
Minimum required lot width: 100 feet.
(3)
Maximum lot coverage: 60%, including all outdoor storage.
(4)
Maximum height: 35 feet.
(5)
Minimum required front yard: 20 feet.
(6)
Minimum required rear yard: 20 feet (50 feet next to an R Zone).
(7)
Minimum required side yard: 20 feet (40 feet next to an R Zone).
(8)
Accessory uses.
(a)
Building from rear line of lot: five feet (50 feet next to an R Zone).
(b)
Building from side line of lot: 20 feet (50 feet next to an R Zone).
§ 195-18 Public and Semi-Public (P) Zone.
A.
Intent. The intent of this zone is to provide areas for public and semi-public land uses and associated activities which are in harmony with surrounding development and conform to the Derby Plan of Zoning.
B.
Permitted uses. Permitted uses in the P Zone shall be as follows:
(1)
Public park.
(2)
Place of worship.
(3)
Federal, state and municipal buildings and use.
(4)
Public utility buildings without repair facilities or outdoor storage.
(5)
Noncommercial recreational facility.
(6)
Fraternal order.
(7)
Nursing home.
(8)
Philanthropic and eleemosynary organizations.
(9)
Single-family residences, subject to the requirements of the R-2 Zone.
C.
Accessory uses. Accessory uses in the P Zone shall be as follows:
(1)
Home professional office.
(2)
Customary accessory structures.
D.
Special exception uses in the P Zone shall be as follows:
(1)
Funeral home.
(2)
Professional office.
(3)
Cemetery.
(4)
Club house (not operated as a business).
E.
Bulk requirements. Bulk requirements in the P Zone shall be as follows:
(1)
Each lot shall have an area of 10,000 square feet and a width of at least 75 feet measured at the required front yard setback line.
(2)
Maximum lot coverage: 25%.
(3)
Maximum height: 50 feet.
(4)
Minimum required front yard: 25 feet.
(5)
Minimum required rear yard: 50 feet.
(6)
Minimum required side yard: 15 feet.
(7)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: 10 feet.
§ 195-19 Hospital/Campus (H/C) Zone.
A.
Intent. The H/C Zone encompasses an area or campus consisting of lots or parcels of land which may be in common or interrelated ownership and intervening streets where facilities are located and used for the delivery of a wide range of health care services and are operated and organized for the purpose of or in support of the interests of such health care.
B.
Permitted uses. Permitted uses in the H/C Zone shall be health care facilities consisting of one or more of the following:
(1)
General hospital.
(2)
Nursing home.
(3)
Medical clinical laboratory.
(4)
Mental health facility.
(5)
Outpatient medical and/or dental clinic.
(6)
Pharmacy.
(7)
Office for the practice of professional health care services.
C.
Accessory uses. Accessory uses in the H/C Zone shall consist of customary accessory structures and uses, including:
(1)
Public and private parking areas and garages.
(2)
Retail business, incidental to a hospital.
(3)
Service business, incidental to a hospital.
D.
Special exception uses. Special exception uses in the H/C Zone shall be as follows:
(1)
Single-family dwellings (subject to the requirements of the R-4 Zone).
(2)
Two-family dwellings (subject to the requirements of the R-5 Zone).
E.
Bulk requirements. Bulk requirements in the H/C Zone shall be as follows:
(1)
Each lot shall have an area of 5,000 square feet and a width of at least 50 feet measured at the required front yard setback line.
(2)
Minimum required lot area per family: 2,000 square feet.
(3)
Maximum lot coverage: not applicable.
(4)
Maximum height: 60 feet.
(5)
Minimum required front yard: 20 feet.
(6)
Minimum required rear yard: 20 feet.
(7)
Minimum required side yard: 10 feet.
(8)
Accessory uses.
(a)
Building from rear line of lot: five feet.
(b)
Building from side line of lot: 10 feet.
§ 195-20 Center Design Development (CDD) Zone.
A.
Intent. The purpose and intent of the center design development regulations are to:
(1)
Encourage rehabilitation and redevelopment in the downtown area of Derby and provide flexibility of uses and design therein.
(2)
Provide, whenever possible, for the preservation of meaningful historic buildings; promote appropriate architectural and site design; and provide amenities which will encourage pedestrian use and enjoyment of the City center.
(3)
Encourage concentration in the existing downtown of businesses providing goods and services needed by the population and preserving this area of the City as the prime retail and service area; permit development of residential and office uses to support and be served by such businesses; and prevent intrusion of business uses on nearby residential neighborhoods.
(4)
Protect and enhance development in downtown against congestion, offensive noise, hazards or objectionable influences by restricting the types of development.
(5)
Provide appropriate space to satisfy the needs of modern local retail development, including the need for off-street parking and loading facilities, and encourage local retail development to the mutual advantage of both consumers and merchants.
(6)
Promote the most desirable use of land and direction of building development in accord with a well-considered plan, to promote stability of commercial development, to strengthen the economic base, to protect the character of downtown and its particular suitability for specific uses, to conserve the value of land and buildings, and to protect the community's tax revenues.
(7)
Promote an improvement to the vehicular circulation patterns, reduce curb cuts on main arterials and provide safer pedestrian, bicycle and handicapped accessways separate, wherever possible, from vehicular drives and streets.
(8)
Maintain the integrity and quality of design and appearance by providing uniform and appropriate architectural themes for the downtown through strict architectural and site design review as well as strict sign controls.
(9)
Promote a density distribution which promotes reduction in traffic congestion.
(10)
Promote development in accordance with the intent of these regulations.
B.
General requirements and provisions. The following general requirements and provisions shall apply to center design developments:
(1)
Provisions should be made for the integration of pedestrian, bicycle and handicapped accessways and vehicular circulation with adjacent sites.
(2)
The inclusion of garaged parking and facilities offered for public use such as landscaped courts, sitting areas and pedestrian bridges over arterials or railroad lines is encouraged.
C.
Permitted uses.
(1)
The uses which will be considered in center design developments shall include but not be limited to the following: retail, personal, business and financial services; professional and general offices; restaurants (excluding fast-food); public and semipublic institutions; hotels, motels, conference centers, residential uses and clubs.
(2)
Any use considered by the Commission shall be found to be harmonious with the goals and objectives of the Plan of Zoning; harmonious with center-type uses; not disruptive of the general retail, service and residential character and function of the center and its pedestrian orientation; and not of a quasi-industrial or highway-oriented character or overly dependent on truck or auto traffic as a primary means of conducting business.
D.
Location and site standards. Center design developments shall comply with the following location standards: center design developments shall be considered only within the center design zone as shown on the 1999 adopted Zoning Map.
E.
Bulk requirements. Yard, setback, lot size, height, frontage requirements and use restrictions hereby are waived, provided that the spirit and intent of this section are complied with in the development plans as determined by the Commission. The Commission may determine that certain setbacks be required within all or a portion of the perimeter of the site and shall exercise ultimate discretion as to whether the development plan does comply with the spirit and intent of this section.
F.
Parking requirements. The Commission may reduce the parking requirements up to 20% if it finds that the proposed uses, location of the site and the related facilities existing or proposed by the applicant will result in the generation of pedestrian, bicycle and mass transit trips in sufficient volumes to warrant the parking reduction. Parking or vehicular access shall be avoided in front of the main building. All required parking is to be located within the Center Design Development Zone.
G.
Signs. The Commission may impose stricter requirements when, in its judgment, the specific proposal and site so necessitate. All exterior lighting and signs shall be shown on plans, and detailed design (e.g., material, illumination, etc.) shall also be provided.
H.
Residential density. Residential density may be approved up to 12 dwelling units per acre, provided that all requirements and standards for the proposed residential use and for other proposed uses are met. In cases where existing buildings are being rehabilitated for use as residential dwellings, densities higher than 12 may be approved by the Commission. In these instances, the allowable density shall not exceed the site's ability to accommodate its own on-site parking requirements or jeopardize the intent or other requirements of the zone. The parking requirements shall be 1.5 spaces per dwelling unit unless fewer parking spaces are allowed for the proposed use under Article VII, § 195-54, Parking spaces; number and location.
[Amended 10-22-2003; 1-1-2006]
§ 195-21 Floodplain (FP) Zone.
These zones are designed to delineate floodable areas and areas of special flood hazard where special precautions should be exercised and conservation functions and protection measures should be considered. Applicable standards on the construction and use of land, buildings and other structures and the filing or excavation of land are established to protect life and property, avoid health problems, and avoid increase in flood danger. These zones recognize that some floodable areas serve a valuable conservation function which should not be disrupted until after a determination that such areas can be used for human occupancy without danger to the public health, safety and property values. Plan review for all development in these districts will be essential with regard to safe access in emergencies, flood potentials, protective works and potential increase in flood danger to other property. For details see Article XV, Floodplain Management Controls.
§ 195-22 Industrial Campus (I-C) Zone.
A.
Intent. These zones consist of areas that have not been experiencing development over a period of years. Applicable standards account for a range or size for establishments and relatively intensive use of the land. Development of retail and general automotive uses in these zones is not consistent with their purpose. These zones also recognize the need within the community and area to provide residential retirement community services to a portion of the population and provide for age-restricted residential facilities, on a single site, providing a continuum of care for retirement living, associated medical services and the accessory uses customary and incidental thereto.
[Amended 1-1-2006]
B.
Permitted principal uses. Permitted principal uses in the I-C Zone shall be as follows: manufacturing and assembly facilities, office buildings, conference centers, research or technical development facilities, including laboratories, libraries, data processing, publication, self storage and warehouse facilities, storage associated with manufacturing and assembly facilities, recreation facilities, continuing care retirement communities and related facilities in connection with such uses, provided that:
[Amended 2-9-2009]
(1)
All mechanical and other apparatus and manual services employed in such use shall be devoted to research and technical development of manufactured, processed or compounded products.
(2)
No such process or operation shall involve the handling, storage or discharge of explosives or permit upon the premises any virus or other type of infectious organisms identified with diseases of animals or humans.
(3)
No sale of goods or articles manufactured or assembled shall be permitted on the premises.
(4)
No offensive gases, fumes, smoke, odors, dust or vibrations shall emanate from such uses and no waste products shall be discharged therefrom of a character to create a nuisance or to be injurious to health.
(5)
The storage of industrial-related chemicals or materials shall comply with local, state and federal law in order to prevent negative impacts to the habitat or ecosystems of the Long Island Sound.
(6)
The continuing care retirement community (CCRC) shall include independent living and assisted living dwelling units age-restricted in accordance with federal law and regulations governing such developments for those 62 years of age and older, with a skilled nursing facility licensed by the State of Connecticut provided on site, along with dining, recreational, retail, transportation, social and health care services for the residents, visitors and staff. All services are to be provided on a single site. It is not the intent herein to permit in this zone any one of the services operating independently. A CCRC may also include the administrative, maintenance and security offices and facilities supporting the CCRC entity, along with other uses permitted in this zone.
C.
Accessory uses. Accessory uses in the I-C Zone shall be as follows:
(1)
Banks and other financial institutions.
(2)
Restaurants and other food service establishments, subject to the following conditions: that customers are served only when seated at tables or counters and that all customer seats are located within an enclosed building. Such uses may include a food take-out service incidental to the primary permitted use but shall not include establishments where customers are served in motor vehicles or served primarily at food take-out counters. This subsection shall not limit the dining and food service for residents, visitors and employees of a CCRC.
[Amended 2-9-2009]
(3)
Day-care centers.
(4)
Health and fitness centers, both subject to the following conditions:
(a)
That the Commission determines that the elements of such uses will be harmonious with surrounding uses and will contribute to the long-range improvement of the I-C Zone.
(b)
That the Commission determines that such uses provide an essential service to the immediate area.
D.
Lot and bulk requirements. Lot and bulk requirements in I-C Zone shall be as follows:
(1)
Minimum lot area. The minimum lot area for I-C development shall be two acres.
(2)
Minimum frontage. A minimum of 200 feet of frontage shall be provided along a state or City road, provided that the Commission, at its discretion, may permit an I-C Zone use on a private road with legal access to a public highway in accordance with § 195-26 of these regulations.
[Amended 2-9-2009]
(3)
Maximum coverage of all buildings: 40%.
(4)
Minimum buffer areas. No principal building shall be located at a distance less than 100 feet from the street or approved private road on which such building fronts, except that one-story gate houses, bus stop shelters and security offices may be located at a distance not less than 25 feet from the street. Other one-story accessory buildings may have such lesser setbacks when approved by the Commission. No building shall be located at a distance less than 50 feet from all the boundaries of the lot, except that, where a contiguous lot is in a residential zoning district, such distance shall be increased to 100 feet on each side where such lots adjoin, and except that one-story accessory buildings may have lesser setbacks when approved by the Commission in connection with its action on a site plan. For accessory buildings, the minimum buffer area shall be at the discretion of the Planning and Zoning Commission.
[Amended 2-9-2009]
(5)
In regard to principal buildings, minimum distance for off-street parking areas shall be:
[Amended 2-9-2009]
(a)
Principal buildings: 10 feet.
(b)
Front lot line: 25 feet.
(c)
Side lot line: 25 feet or 50 feet where a contiguous lot is in a residential zoning district.
(d)
Rear lot line: 25 feet or 50 feet where a contiguous lot is in a residential zoning district.
(6)
Accessory uses and buildings shall be left to the discretion of the Commission with respect to buffer area, off-street parking area and any other criteria not covered in this regulation.
(7)
Maximum building height: three stories or 40 feet. However, where buildings are designed to accommodate both required off-street parking and permitted office, CCRC or research use, the three-story maximum height shall apply to only those floors in which the office, CCRC or research use is provided. In no event, however, where office and parking uses are combined in the same structure, shall the height exceed 50 feet, exclusive of flagpoles, domes, spires, skylights, chimneys, antennas, mechanical screens and enclosures, and other similar appurtenances.
[Amended 2-9-2009]
(8)
Parking area design. Parking areas shall be located and designed so as to minimize the visual effects of large parking lots. Large parking lots of greater than 100 parking spaces shall be avoided, with a series of smaller lots that are integrated into the topography of the site utilized wherever practicable. In addition, and unless specifically waived by the Commission, not more than 20 parking spaces shall be permitted in any parking aisle without a raised landscape island, suitably designed with trees, grass, decorative material, or other ground cover as deemed appropriate by the Commission. Said landscaped island shall be a minimum of 10 feet in width, except an accessory area which shall have a minimum five feet in width.
(9)
Signs. The size, location, design and illumination of all signs shall be subject to the approval of the Commission as part of the I-C application.
(10)
All utilities shall be placed underground.
(11)
A CCRC may have a residential density of up to six units per gross acre. For the purpose of density computation, a unit shall be an independent or assisted living unit but shall not include skilled nursing facility beds.
[Amended 2-9-2009]
E.
Application procedure and approval process; application for industrial campus plan approval.
(1)
In order to allow the Commission and the developer to reach an understanding on basic design requirements, the developer shall submit a plan of his proposal to the Commission as well as proof of ownership or ownership agreement. The plan shall be drawn to a suitable scale of approximately one inch equals 200 feet. The plan shall clearly show the following:
(a)
Illustrative site plan indicating the type of site planning contemplated for the use proposed. The site plan shall meet the requirements of Article V of these regulations.
(b)
Sketches and elevations showing general architectural treatment contemplated.
(c)
At the request of the Commission, a traffic study shall be prepared, with said study indicating the effects of the development on surrounding roads and intersections, and further indicating any measures required to provide for the safe and efficient flow of traffic in the vicinity of the development.
(d)
A statement as to how the proposal would meet the official planning objectives of the City of Derby.
(e)
Surrounding land uses and distance of nearby buildings to the I-C site and proposed method of protecting adjoining land uses from any adverse influences of development.
(f)
The proposed water, storm and sanitary sewer systems and how said systems are proposed to be connected to the systems of adjoining areas.
(g)
Environmental characteristics of the I-C parcel and the adjoining areas within 50 feet of all I-C boundaries, including topography, areas of slope in excess of 20%, soils, rock outcrops, streams, wetlands, flood and other wetlands and all proposed alterations of said environmental characteristics.
(2)
Every application shall be accompanied by a fee (see planning and zoning fee schedule) to help defray the costs of processing the application. The applicant shall also be required to bear the expense of any technical assistance which the City deems necessary to assist in the review of the application.
[Amended 1-1-2006]
(3)
The Commission may request assistance from the Derby Department of Economic Development to review the plan and all related documents and shall render either a favorable report or an unfavorable report to the applicant. The Commission may, at its discretion, recommend conditions or improvements in the plan in the decision as to the appropriateness of the request. The Commission may call upon any technical assistance it feels is necessary to provide a sound review of the proposal.
(a)
The Commission staff shall certify when all of the necessary application material has been presented. The Commission shall submit its report within 65 days of such certification. If no report has been rendered after 65 days, the applicant may proceed as if a favorable report were given by the Commission.
(b)
A favorable report shall include a recommendation that a public hearing be held for the purpose of considering the desirability of the subject property to an I-C Zone. The report shall be based on the following findings, which shall be included as part thereof:
[1]
The proposal is conceptually sound in that it meets a community need and it conforms to accepted design principles in its layout, in its land use configuration, utility and drainage system, in its landscape and buffer provisions and in the scale of the elements, both absolute and as they relate to one another.
[2]
There are adequate public facilities, services, utilities and road access available, or proposed to be made available, in the construction of the development.
[3]
That adverse environmental impacts are minimized.
(c)
An unfavorable report shall state clearly the reasons therefor and, if appropriate, point out to the applicant what might be necessary in order to receive a favorable report.
F.
Commission action on the application.
(1)
Upon issuing a favorable report, the Commission shall set a date for and conduct a public hearing for the purpose of considering the plan. Said public hearing shall be conducted within 65 days of issuing the favorable report.
(2)
The Planning Commission shall refer the application to other appropriate authorities for their review. All reports shall be submitted within 30 days.
(3)
In approving any I-C Zone proposal, the Commission shall find that the proposal shall:
(a)
Be reasonably necessary for the public health or general interest or welfare;
(b)
Be of such character, intensity, size and location that in general it will be in harmony with the orderly development of the area in which the property concerned is situated and will not be detrimental to the orderly development of adjacent areas;
(c)
Be located so that it may be adequately serviced by transportation facilities, water supply, waste disposal, fire and police protection, drainage facilities and similar services;
(d)
Not create pedestrian or vehicular traffic hazards because of its location in relation to surrounding uses, necessity of turning movements in relation to its access to public roads and intersections or its location in relation to other buildings or potential buildings on or near the site and traffic patterns from such buildings; and
(e)
Not include any display of signs, noise, fumes or lights that will hinder normal development of the area or impair the use, enjoyment and value of adjacent land and buildings.
(4)
Conditions on plan.
(a)
The Commission may, at its discretion, attach any reasonable conditions on an approved plan.
(b)
Approval of the plan with any conditions shall be duly noted in the Commission minutes. Once the plan is approved, the plan as submitted to the Commission and as subsequently revised or conditioned by the Commission shall be in effect on the site, and future plans for individual buildings shall be designed and building permits issued within the framework of said approved plan.
(c)
Performance guarantee. The Commission shall require that public improvements and landscaping be secured by a performance bond, which will be determined by the Commission.
§ 195-23 Open Space (OS) Zone.
A.
Intent. This zone is designed to protect open tracts of land that are either owned by a nonprofit institution or municipal, state or federal government or are otherwise zoned, designated or restricted for open space. They are intended to be used for recreational and open land uses. They are designated as open space to discourage any development of buildings on the sites.
[Amended 7-16-2002]
B.
Permitted uses. Permitted uses in the OS Zone shall be as follows:
(1)
Passive recreational uses.
(2)
Noncommercial agriculture or horticulture.
C.
Accessory uses. Accessory uses in the OS Zone shall be as follows: customary accessory structures in support of a primary use.
D.
Special exceptions. Special exception uses in the OS Zone shall be as follows: active recreation, public or semi-public recreation facility, semi-public buildings and public buildings of state or federal governments, without any repair facilities or outdoor storage yard.
[Amended 7-16-2002].
E.
Bulk requirements. All such active recreational uses, public and semi-public recreation facilities and public or semi-public buildings must be located at least 100 feet from any property line and/or any residential zone.
[Amended 7-16-2002]
§ 195-24 Zoning Map.
A.
The boundaries of such districts and special building lines are hereby established as shown on the map titled "Zoning Map, City of Derby," which map is annexed to and is hereby adopted and declared to be a part of this regulation and is hereinafter referred to as the "Zoning Map." Said Zoning Map may be amended in the same manner as any other part of this regulation. An official copy of said map, indicating the latest amendments, shall be kept up-to-date in the offices of the Zoning Officer, for the use and benefit of the public. The Official Zoning Map shall be the final authority as to the current zoning classification of any land within the boundaries of the City of Derby.
B.
Boundaries. Except where referenced to a street line or by distance in feet therefrom, the district lines shown on said Zoning Map are intended to follow lot lines or the center lines of streets, railroads, streams or aqueducts, or the boundaries of the City, and where any such district abuts upon a river, the boundary lines thereof shall be deemed to extend outward to the boundary of the City in such river. In the case of unsubdivided land or where a district boundary divides a parcel or lot, the location of such boundary, if not indicated by dimensions shown upon such Zoning Map, shall be determined by the use of the scale appearing thereon.
(1)
In all cases where a district boundary divides a lot in one ownership on the date of the enactment of this regulation, and more than 50% of the area of such lot lies in the less restrictive district, the requirements prescribed by this regulation for the less restrictive district may be extended by the Commission to such portion of the more restrictive portion of said lot which lies within 50 feet of such district boundary. For purpose of this section, the more restrictive district shall be deemed that district subject to regulations which prohibit the use intended to be made of said lot, or which require higher standards with respect to density, coverage, yards, screening, landscaping, lighting, parking, loading, and similar requirements.
(2)
In all cases where a district boundary line is located not farther than 15 feet away from a lot line of record, such boundary line shall be construed to coincide with such lot line.
(3)
In all other cases where dimensions are not shown on the map, the location of boundaries shown on the map shall be determined by the Zoning Officer by application of a scale thereto.
(4)
Where natural or man-made features existing on the ground are at variance with those shown on the Zoning Map, or in other circumstances not covered in subsections above, the district boundaries shall be interpreted by the Commission.
