Derby City Zoning Code

It is the purpose and intent of this article to assure that parking spaces and loading spaces are provided off the street in such number and with suitable design and construction to accommodate the motor vehicles of all persons normally using or visiting a use, building or other structure at any one time. Off-street parking and loading spaces required to be provided by this article shall be permanently maintained and made available for occupancy in connection with and for the full duration of the use of land, buildings and other structures for which such spaces are herein required. If any existing use of land, buildings or other structures, conforming to the requirements of this article, is changed to a use requiring additional off-street parking or loading spaces to comply with this article, the additional spaces shall be provided for the new use in accordance with the standards hereinafter specified. All off-street parking and loading spaces hereafter established shall conform to the design and construction standards specified in this article as well as to the site development and landscaping standards of Article V and any conditions attached to the approval of a site plan or special exception under these regulations.

Definitions. For the purpose of this article, one parking space shall constitute an area with such shape, vertical clearance, access and slope as to accommodate one automobile having an overall length of 18 feet and shall contain an area of 180 square feet, except that zero degree (parallel) parking spaces shall contain a minimum area of 176 square feet and further excepting that the minimum area may be reduced to 160 square feet for spaces located in or on a building or structure; one loading space shall constitute an area 12 feet in width and 30 feet in length with a vertical clearance of 15 feet with such shape, access and slope as to accommodate one truck having an overall length of 30 feet.

For each use of land, buildings and other structures, off-street parking spaces shall be provided in such number and in the location specified as follows:

Interpretation of required parking spaces.

In all residential zones, no off-street facilities shall be designed and/or located in any required front yard except for the paved portion of the driveway which gives access to said facility.

In residential zones, parking spaces required for all uses shall be provided on the same lot as the principal use.

In nonresidential zones, off-street parking facilities may abut the front property line. However, a landscaped strip in accordance with § 195-59F(1) of these regulations shall be provided whenever possible. The Commission may require a wider front landscaped buffer when deemed appropriate by the Commission to facilitate a visual break between the parking area and the street and/or to enhance the visual aesthetics of the nonresidential zones.

In all nonresidential zones, required parking facilities may be required to be located on the same lot as the building they serve or on a lot within 300 feet from such building. If the parking facility is not located on the same lot it is intended to serve, a written affidavit of agreement, binding each participating owner and successor in interest for the life of the joint use of the facility, shall be recorded in the land records prior to endorsement of any site plan. A site plan of the off-site parking facility prepared in accordance with Article V of these regulations indicating those parking spaces devoted to the off-site use shall be submitted with an application for site plan approval. Two or more parking facilities on adjoining lots, if designated for use as a single parking area, may be required to use the same means of access.

Any vacant parcel of land in a nonresidential zone intended for use as a parking facility in connection with an off-site use shall be designed and improved in accordance with these regulations.

Joint off-street parking facilities provided by another building or use shall be within 300 feet of the property they are intended to serve.

A written affidavit of agreement, binding each participating owner and successor in interest for the life of the joint use of the facility, shall be signed by the owners of the properties involved and shall be recorded in the land records prior to Commission endorsement of the plan.

The use of land in any residential zone for parking in connection with and adjacent to a use in a nonresidential zone shall not be extended into the residential zone more than 30 feet.

Any vacant parcel of land in a nonresidential zone intended for use as a parking facility in connection with an off-site use shall be designed and improved in accordance with these regulations.

Public parking facilities shall not be used to satisfy parking requirements for residential uses.

Loading space shall be not less than 12 feet wide, 30 feet long and 15 feet high.

Every building or block of buildings containing more than 5,000 square feet of gross floor space: one loading space.

Every building or block of buildings containing more than 20,000 square feet of gross floor area: one loading space for each 20,000 square feet or fraction thereof.

No such space shall be located closer than 50 feet to any other lot in any residence zone, unless wholly within a completely enclosed building or unless enclosed on all sides by a wall or opaque fence not less than six feet in height.

Such loading space, maneuvering space and all vehicles using the loading space shall be contained within the lot.

Parking spaces and loading facilities and access roadways shall have adequate all-weather surfacing with proper drainage and shall be capable of allowing free and safe movement of all vehicles customarily using the facility.

Any parking area designed or intended for use by three or more vehicles which is located adjacent to any public sidewalk or the planned location of a public sidewalk shall be separated from such sidewalk by a suitable barrier so placed as to prevent the encroachment or parking of automobiles on such public sidewalk or planned location thereof.

Lighting of parking areas and access driveways shall have the light source shaded to substantially protect contiguous landowners and public streets.

Curb cuts. The Commission shall determine the appropriate curb cut when the site plan is submitted. Detailed plans of driveway and curb cuts shall be submitted to the State Highway Department, as required, for approval of all curb cuts or driveway openings involving state roads before a zoning permit is issued.

Fire lanes. Where required, fire lanes shall be designated on the site plan. Fire lanes shall be at least 10 feet in width and shall be marked "No Parking Fire Lane." No required parking or loading space shall encroach on any required fire lane.

Adjoining lots. The interconnection of adjoining parking lots shall be encouraged where said connections would result in improved circulation, increased parking spaces, decreased curb cuts and/or signalized access. Parking spaces lost or abandoned due to adjoining parking lots may be exempted from the minimum parking requirements by the Commission.

Drainage.

Marking. All required parking spaces, except for single-family or two-family residences, shall be marked by painted lines, curbs or other means to indicate individual spaces.

Landscape buffer.

Design. All off-street parking facilities shall be laid out with standard size parking spaces. Such standard size spaces shall have a width of 10 feet and a length of 18 feet, except for zero degree (parallel) parking spaces which shall have a minimum width of eight feet and a minimum length of 22 feet.

The total number of spaces required to be shown on the site plan shall be determined in accordance with the standards for that particular use, as specified in § 195-54 of these regulations.

The construction of the parking area and the installation of the spaces may be phased according to short-term requirements as designated on the plan, except that no less than 50% of the total spaces required shall be constructed as part of the short-term requirement.

The balance of the spaces not constructed shall be designated as "reserve spaces" on the site plan and laid out as an integral part of the overall parking layout and must be located on land suitable for parking area development and either left in its natural state or suitably landscaped.

Under any circumstances, the owner may construct the total number of parking spaces required as per § 195-54 of these regulations, or, if the Zoning Officer determines that additional spaces, identified as reserve spaces on the site plan, may be required, he shall notify the owner of the property concerning his findings, and the owner shall construct the required spaces within six months of such notification.

In all districts, an access drive to an accessory garage, parking area or truck loading space may be located within a required side yard.

In any residence district, a private garage or parking area may be utilized only as an accessory to the main use, except that one parking space in a private garage accessory to a one-family or two-family dwelling may be rented to a person who is not a resident of the main building.

In any residence district, not more than one commercial vehicle, with a gross weight limited to two tons, may be housed on any lot, and then only in a private garage, except that motorized equipment properly accessory to a farm, or to a group of multiple-family dwellings, may be housed, but only within a roofed enclosure.

In any residence district, not more than 50% of the area of a minimum required rear yard shall be used as a parking area.

In all districts, required parking areas for dwellings shall be on the same lot with the main building.

No public or private garage accommodating more than five vehicles and no gasoline station shall be located or shall have any entrance or exit within 200 feet of the entrance to a public school, public library, theater, assembly hall, church, hospital, public park, or playground or fire station.

All public garages and gasoline stations shall be so arranged, and all gasoline pumps shall be so placed, as to permit all services to be rendered entirely within the lot lines. No gasoline or oil pump shall be placed within 15 feet of any street line or side lot line.

Parking for the physically handicapped. Parking shall be provided for the physically handicapped in accordance with the Basic Building Code of the State of Connecticut.

Parking exemption areas. The Commission, after due notice and public hearing as required for adoption or amendment of these regulations, may delineate areas of the City which shall be exempt from the required provision of off-street parking spaces. Such delineation shall be shown on the Zoning Map and may be made only after the Commission determines that the City of Derby or a combination of the City of Derby and property owners will provide sufficient and permanent off street parking spaces to carry out the purpose and intent of this article.