Accessory uses are permitted in any zoning district in connection with any principal use which is permitted.

A.

Definitions. An accessory use is a structure or use which:

1.

Is subordinate to and serves a principal building or use;

2.

Is subordinate in area, extent or purpose to the principal building served; however, this does not preclude recreational areas for basketball, racquetball, swimming, tennis and similar activities;

3.

Contributes to the comfort, convenience or necessity of occupants, business or industry in the principal building or use served; and

4.

Is located on the same zoning lot as the principal building or use served.

B.

Permitted Accessory Uses. Any structure or use that complies with the terms of Section 600.A may be allowed as an accessory use or structure, including but not limited to the following list of examples:

1.

Off-street parking and loading space as regulated by Article 5 of these regulations, including detached garages, which may also contain incidental storage, and carports.

2.

Signs, when permitted by Article 7 of these regulations.

3.

Structures exclusively for storage of personal property of the occupant of the principal building or use.

4.

Parking and storage of motorized or non-motorized recreational equipment and vehicles such as but not limited to; boats, campers, camping trailers, boat trailers or recreational vehicles is permitted provided all of the following conditions are met:

a.

The recreational equipment or vehicle is not used for living purposes, except for temporary guest lodging not to exceed three days in any given two-week period.

b.

When parked or stored on residential zoned property or on property used for residential purposes, the recreational equipment or vehicle shall be the personal property of the occupant or shall be the personal property of the occupant's visiting guest.

c.

When within a required front yard of a residential district or within a required front yard of property used for residential purposes, the recreational equipment or vehicle is parked on a surface paved with poured in place concrete, asphalt, asphaltic concrete, brick or similar paving material and is parked parallel to the dwelling's driveway and does not obstruct egress from the dwelling as is required by the Uniform Building Code. Graveled parking surfaces existing prior to December 1, 1994, may be used for recreational equipment or vehicle parking. In the R-1C District only, graveled or all weather surfaced parking areas may be used for recreational equipment or vehicular parking.

d.

All recreational equipment and vehicles shall be maintained in operable condition including any required vehicle registrations and tags.

e.

No recreational equipment or vehicle shall be connected to utilities except when such equipment or vehicle is being serviced or when being used for temporary living purposes as provided for by subsection (a) above.

f.

The stored or parked recreational equipment or vehicle shall not overhang into any street right-of-way or across any public sidewalk. It is the responsibility of the property owner who wishes to utilize their property for storage or parking of motorized or non-motorized recreational equipment and vehicles to ascertain the location of their front property line (street right-of-way line); however, in no case shall the distance between the back of the street curb and the vehicle or equipment be less than 14.5 feet.

5.

Storage outside both above or below ground-level of petroleum products for fueling vehicles related to the operation of the principal use on commercial and industrial lots only and for sale at automobile and truck service stations.

6.

Detached, rack-mounted solar equipment, and satellite dish antennas; provided, that on lots with single-family and duplex dwelling units, the maximum height of the antenna structure shall not exceed 15 feet and is located in the rear of the dwelling unit, but not in a side yard. Such antennas shall not be located on or attached to dwelling units, garages or storage buildings. If a signal cannot be received under these restrictions, application may be made to the Board of Zoning Appeals for an exception.

7.

Communication structures, antennas and aerials.

8.

Storm shelters, children's playhouses, statuary, arbors, trellises, barbecue stoves, flagpoles, fences, walls, bathhouses, swing sets, tree houses, little libraries, blessing boxes, and similar uses.

9.

Swimming pools which are enclosed by security-type fence as approved by the Zoning Administrator regardless of whether the pool is above or below the ground.

10.

Guest houses or rooms for guests in an accessory building; provided that such facilities are used for the occasional housing of guests of the occupants of the principal building and not as rental units for permanent occupancy as housekeeping units.

11.

Agricultural uses in the R-1C "Suburban Single-Family Residential District" only shall include accessory uses and activities customarily associated with agricultural operations as approved by the Zoning Administrator or granted as an exception by the Board of Zoning Appeals.

12.

Restaurants, private clubs, pharmacies, gift shops, beauty parlors, barber shops, and newsstands when located in a permitted hotel or motel.

13.

For employee only child care centers and restaurants when located in a permitted business or industrial building.

14.

Recycling collection centers, large and small.

15.

Outdoor storage shall not be permitted as an accessory use, except as specifically permitted in the district regulations. [See Section 202 for definition of outdoor storage and Section 303.N.3 for manufactured/mobile homes as storage structures].
* A zoning permit for an accessory structure is required only when such structure is also required to have a building permit. Accessory structures, including fences, which cost $300 or more or contain 120 square feet or more on the ground require a building permit and a zoning permit. For other accessory zoning permits, see Section 601 for temporary uses, Section 602 for home occupations, Article 5 for parking spaces and loading areas and Article 7 for signs.

C.

Bulk and Design Regulations.

1.

Accessory structures and uses shall maintain the same side and front yard setback as required for the principal structure, unless they are permitted obstructions within the provisions of Section 303(F).

2.

Accessory structures shall be set back at least five feet from the rear lot line, except that garages with entrances facing alleys shall be set back at least 10 feet. [See Section 901.A. for zoning permits on easements].

3.

No part of any accessory structure shall be located closer to a principal structure than permitted by the applicable building and fire code.

4.

Accessory structures and uses shall otherwise comply with the bulk regulations applicable in the district in which they are located, except that in residential districts, accessory structures shall be limited to 60% of the maximum structure height of the underlying district.

5.

Accessory structures 200 square feet in floor area or more shall be of a similar architectural design and material as the principal structure, except that outdoor living structures such as pavilions, pergolas, gazebos, trellis, arbors, patio covers and similar structures no larger than 50% of the floor area of the principal structure shall be exempt from this requirement.

D.

Use Limitations. All accessory structures and uses shall comply with the use regulations applicable in the district in which they are located with the following use limitation; provided, that no accessory structure shall be constructed and occupied on any zoning lot prior to the time the construction begins on the principal structure to which it is accessory.

(Ord. No. 2544, § 1, 11-14-23)

A.

Permitted Temporary Uses. The following temporary uses of land are permitted in specific zoning districts, subject to the restrictions established by this Section, and except as specifically modified by this Section, the regulations of the zoning district in which the use is permitted and other applicable provisions of these regulations.

1.

Within any zoning district, temporary outdoor CARNIVALS, CIRCUSES, MUSIC FESTIVALS, COMMUNITY CELEBRATIONS or other events of a temporary or intermittent nature may be approved, with or without conditions, by the Zoning Administrator. Compliance with the bulk requirements of the applicable zoning district, observed platted setbacks, and other requirements may be waived by the Zoning Administrator in approving such an event provided that, temporary structures or equipment, axle-mounted enclosures, displays and events shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians. The area occupied by the temporary uses shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations.

2.

Within the B-3, B-4 and B-5 zoning districts and as provided below for school and church property, CHRISTMAS TREE, FIREWORKS, PUMPKIN AND SIMILAR NATIONALLY ACCEPTED AND RECOGNIZED CELEBRATION SALES for a period not to exceed 30 days. Display of such merchandise need not comply with the bulk requirements of the districts or observe platted setbacks; provided that no merchandise, displays, temporary structures or axle-mounted enclosures shall be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians. Merchandise display, temporary structures and axle-mounted enclosures shall not occupy or interfere with any required parking spaces or circulation aisles providing access thereto. The area occupied by nationally recognized celebration sales shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations. The temporary use may include the use of temporary signage which requires a sign permit and may be displayed only during the period in which the temporary use is permitted including set-up and break-down time. Such signage is limited to not more than one (1) percent of the square footage of the zoning lot, with no individual temporary sign larger than 32 square feet. Such signage, including temporarily displayed electronic message signs, may be placed on vehicles or trailers associated with the temporary use. The square footage calculation shall not include signage permanently painted or permanently affixed to such vehicles or trailers, except that vehicles or trailers specifically designed for the purpose of displaying signage shall be included in the square footage calculation and limitation on individual sign size. Additionally, balloon signs shall be permitted for a period not to exceed 10 days. On property that is a part of a zoning lot for a school or church use, CHRISTMAS TREE, FIREWORKS, PUMPKIN AND SIMILAR NATIONALLY ACCEPTED AND RECOGNIZED CELEBRATION SALES are permitted provided the sales and display area for such is located along an arterial, collector or business street. All conditions listed above for nationally accepted and recognized celebration sales in the B-3, B-4 and B-5 zoning districts shall also apply to school or church property.

3.

Within any zoning district, TEMPORARY BUILDING CONTRACTOR'S OFFICE AND EQUIPMENT SHEDS or a manufactured/mobile home accessory to a construction project for a period not to exceed the duration of the construction project. Such temporary structures need not comply with the bulk requirements of the zoning district in which they are located or observe platted building setbacks, but shall not be located near any driveway which may obstruct the view of either motorists or pedestrians.

4.

Within any residential zoning district, use of a site built dwelling or manufactured housing as a TEMPORARY REAL ESTATE OFFICE where information about the availability of dwellings or lots within the applicable housing project is discussed with prospective buyers or where sales contracts are executed; provided any manufactured housing used for such purposes shall not be located within any required yard or platted setback and shall be removed from the site once 90 percent of all lots within the subject housing project have been developed. For site-built housing, use of the dwelling unit as a temporary real estate office shall be discontinued once 90 percent of all lots within the subject housing project have been developed.

5.

Within any residential zoning district, GARAGE, YARD, ESTATE, RUMMAGE OR SIMILAR SALES; provided no one sale exceeds a period of more than three days and not more than one sale shall be held at a dwelling during any consecutive six-month period.

6.

Within the B-3, B-4, and B-5 zoning districts, PROMOTIONAL ACTIVITIES OF RETAIL MERCHANTS, involving the display of merchandise outside of enclosed buildings, may exceed the percentage of outdoor display and sales permitted by district regulations, provided that:

a.

No such promotional sale shall be held for a period longer than 14 days and no more than one such sale shall be held, per zoning lot, per consecutive three-month period;

b.

Outdoor merchandise displays need not comply with the bulk requirements of the applicable district regulations, provided that any temporary structures, axle-mounted enclosures or vehicles with a weight classification of 1 ton or greater, placed for use in conjunction with the promotional activities, shall not encroach upon required yards or platted setbacks;

c.

Outdoor display of merchandise shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians;

d.

Display of merchandise or placement of associated temporary structures or axle-mounted enclosures shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto.

e.

The temporary use may include the use of temporary signage. This is provided that such signage is limited to not more than two signs with a combined square footage of 32 square feet or less. Such signage may be placed on vehicles or trailers associated with the temporary use and the square footage calculation shall not include signage that may be permanently painted or permanently affixed to such vehicles or trailers.

7.

Within the B-3, B-4 and B-5 districts and as provided below for school and church property, RECYCLING CENTERS operating for not more than 10 days during any one period and no more than three times during any consecutive 12-month period. The area occupied by the recycling center shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations. The area occupied by the recycling center may be within required yards or platted setbacks, but shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians. The recycling center use shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto. The temporary use may include the use of temporary signage. This is provided that such signage is limited to not more than two signs with a combined square footage of 32 square feet or less. Such signage may be placed on vehicles or trailers associated with the temporary use and the square footage calculation shall not include signage that may be permanently painted or permanently affixed to such vehicles or trailers.
On property that is a part of zoning lot for a school or church use, RECYCLING CENTERS are permitted provided such use is located along an arterial, collector or business street. All conditions listed above for recycling centers in the B-3, B-4 and B-5 zoning districts shall apply to the school and church property.

8.

Within the B-3, B-4, B-5 and M-1 districts, TEMPORARY SALES for not more than 60 days during any consecutive 12-month period, per zoning lot, provided that:

a.

The temporary sales use need not comply with the bulk requirements of zoning districts or platted setbacks, except that any vehicle with a weight classification of 1 ton or greater or any axle-mounted enclosure or temporary structure used in conjunction with the temporary sales, shall not be located upon required yards or within platted setbacks;

b.

The temporary sales use shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians;

c.

The temporary sales use shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto;

d.

The area occupied by the temporary sales use shall not be counted as part of the percentage of outdoor display and sales permitted by specific district regulations.

e.

The temporary use may include the use of temporary signage. This is provided that such signage is limited to not more than two signs with a combined square footage of 32 square feet or less. Such signage may be placed on vehicles or trailers associated with the temporary use and the square footage calculation shall not include signage that may be permanently painted or permanently affixed to such vehicles or trailers.

9.

For a period not to exceed 90 days, between March 1 and June 30, and for a period not to exceed 60 days, between August 15 and November 15, businesses located on property within districts zoned B-3, B-4 or B-5, or a combination thereof, may have outdoor display and sales areas that are twice the amount permitted by district regulations, provided the area in excess of the area permitted by the district regulations, is used solely for the DISPLAY AND SALES OF LIVING PLANTS and, provided that:

a.

Outdoor display and sales of living plants need not comply with the bulk requirements of the districts, however, any temporary structures, axle-mounted enclosures or vehicles with a weight classification of 1 ton or greater, placed for use in conjunction with the sales and display of living plants, shall not encroach upon required yards or platted setbacks;

b.

Outdoor display and sales of living plants shall not interfere with the view of operators of motor vehicles on the public streets and shall not be located within 30 feet of the intersection of the curb line of any two streets or at any location near a driveway that may interfere with the view of either motorists or pedestrians;

c.

Display and sales of living plants or placement of associated temporary structures shall not occupy or interfere with required parking spaces or circulation aisles providing access thereto.

10.

Within any residential zoning district, PORTABLE STORAGE CONTAINERS FOR TEMPORARY ON-SITE STORAGE; provided, that:

a.

Only one (1) portable storage container may be located at a residence at any one time, provided that the container is placed on a paved driveway or personal parking area and does not obstruct any City right-of-way or interfere with any vehicular or pedestrian circulation.

b.

Portable storage containers shall not be utilized as permanent accessory structures in any residential district.

c.

Portable storage containers shall only be permitted to be located at a residence once during any consecutive 12-month period for not longer than 45 days during the same period, provided that the Zoning Administrator, or his or her designee, may grant additional time if deemed appropriate.

d.

Within the B-3, B-4 and B-5 districts a business shall be permitted temporary on-site storage in portable storage containers provide that:

1)

Portable storage containers shall only be permitted to be located at a business twice during any consecutive 12-month period for not longer than 90 days during the same period, provided that the Zoning Administrator, or his or her designee, may grant additional time if deemed appropriate.

2)

The area occupied by portable storage containers shall not exceed 10 percent of the floor area of the business.

3)

Portable storage containers shall be located behind the front building wall and shall be located at least 20 feet from a residential district.

4)

Signage on portable storage containers shall be limited to one sign per Container, not exceeding two square feet. The signage shall not be visible from any street or residential district.

5)

Portable storage containers shall not block any required parking space, fire lane, or access aisle.

6)

Vertical stacking of portable storage containers is prohibited.

11.

Within any district, PORTABLE CONTAINERS FOR TEMPORARY ON-SITE STORAGE OF CONSTRUCTION MATERIAL AND DEBRIS, provided that:

a.

Only one (1) portable container for temporary storage of construction material and debris may be located at the construction site at any one time; provided, that the container does not obstruct any City right-of-way or interfere with any vehicular or pedestrian circulation.

b.

Portable containers used for temporary storage of construction material and debris shall only be permitted in conjunction with a valid building permit or as otherwise permitted by the Zoning Administrator or his or her designee.

B.

Temporary Use Permit Required.

1.

Prior to the commencement of a temporary use, except for those temporary uses specified below as not requiring a Temporary Use Permit, the person responsible for the proposed temporary use shall file with the Zoning Administrator, or their designated agent, the following:

a.

A completed Temporary Use Application;

b.

A drawing which depicts the perimeter of the zoning lot and where on the zoning lot the temporary use is proposed to be placed;

c.

If vehicular parking spaces are proposed to be used as the area for the temporary use, information shall be submitted which shows that the number of parking spaces that will remain available on the zoning lot for parking purposes will meet the minimum number of off-street parking spaces required by Section 501 of these regulations;

2.

The following temporary uses ARE NOT subject to the requirement for a Temporary Use Permit:

a.

COMMUNITY CELEBRATIONS and other such activities provided for by 601.A.1, if such activities are part of a city-organized event;

b.

TEMPORARY BUILDING CONTRACTOR'S OFFICE OR SHEDS provided for by 601.A.3;

c.

The use of site-built dwelling as a TEMPORARY REAL ESTATE OFFICE provided for by 601.A.4;

d.

GARAGE, YARD, ESTATE, RUMMAGE OR SIMILAR SALES, provided for by 601.A.5;

e.

PORTABLE STORAGE CONTAINERS FOR TEMPORARY ON-SITE STORAGE provided by 601.A.10.a., 601.A.10.b., and 601.A.10.c.; and

f.

PORTABLE CONTAINERS FOR TEMPORARY ON-SITE STORAGE OF CONSTRUCTION MATERIAL AND DEBRIS provided by 601.A.11.

Nothing in this Section shall be construed to mean that a Temporary Use Permit is required for the temporary display or sales of merchandise, outside of a completely enclosed building, which may be permitted by the regulations of specific zoning districts.

(Ord. No. 2529, §§ 1.14, 1.55, 5-23-23)

Home occupations that are customarily incidental to the principal use of a residential building or manufactured/mobile home shall be permitted provided the residential appearance of the building or home is maintained and no undue traffic or parking problems are created. If such a home occupation is conducted in a business or industrial district as a permitted or legal, nonconforming use, all the provisions of this section must be adhered to unless a zoning permit and/or an occupancy certificate is obtained to operate the property and structure(s) thereon as a use meeting all the provisions of the applicable business or industrial district.*

A.

Definition. A business, profession, occupation or trade conducted for gain or support entirely within a residential building or manufactured/mobile home, or within a permitted structure that is accessory to such a building or home.

B.

Use Limitation. In addition to all of the use limitations applicable to the district in which it is located, no home occupation shall be permitted unless it complies with the following restrictions:
* Zoning permits are required only when a home occupation sign is displayed. Business registration is required by City Code.

1.

In the R-1, R-1A, R-1B, R-1C and R-2 Residential Districts and the B-2A BUCKNER BUSINESS DISTRICT:

a.

Goods or stock for sale on or off the premises may be stored in enclosed areas, except articles which may constitute a hazard to the safety of adjacent property owners or tenants.

b.

No alteration of the principal residential building shall be made which changes the character thereof as a residence or causes goods to be displayed visibly from the residence or on the premises provided the latter is not otherwise permitted by other sections of these regulations.

c.

No more than 50% of the area of the residence shall be devoted to the home occupation; provided, however, that rooms let to boarders or roomers and permitted accessory structures are not subject to this limitation.

d.

No equipment or process shall be used which shall create undue noise, smoke or particulate matter emission, vibrations or odors which are detectable to the normal senses off the lot. In case of electrical interference, no equipment or process shall be used which creates a visual effect or an audible interference off the premises in any radio or television receiver or transmitter or causes fluctuation in power voltage.

e.

There shall be no outdoor storage or display of equipment or materials used in the home occupation, except a swimming pool for instruction.

f.

No more than one person in addition to any resident shall be employed.

g.

The home occupation shall be conducted entirely within the principal residential building or in a permitted garage, storage structure or pool accessory thereto.

h.

No sign shall be permitted other than that permitted by the applicable regulations in Article 7.

2.

In the R-3, R-4 and MH-1 Districts:

a.

No person other than any resident shall be employed.

b.

The home occupation shall be conducted entirely within the principal residential building or manufactured/mobile home and no more than 40% of the area of the dwelling shall be devoted to the home occupation.

c.

No manufacturing or processing of any sort whatsoever shall be done and no stock shall be displayed or sold on the premises.

d.

No sign shall advertise the home occupation unless such sign is required by state statute.

C.

Home Occupations Permitted. Customary home occupations include, but are not limited to, the following list of occupations; provided, however, that each listed occupation shall be subject to the requirements of Section 602(A) and (B):

1.

Artists, sculptors, authors, composers and photographers.

2.

Barbers and cosmetologists; provided that only one operator shall be permitted.

3.

Adult care centers for not more than four adults, adult care homes, boarding homes for children, day care homes and family and group day care homes.

4.

Home crafts, such as model making, rug weaving, lapidary work, cabinet making, picture framing, and the like.

5.

Office facilities for ordained religious leaders.

6.

Office facilities for accountants, architects, landscape architects, engineers, attorneys, real estate and insurance agents, building contractors, brokers and members of similar professions, but not physicians or dentists.

7.

Office facilities for sales or manufacturer's representatives, when no exchange of tangible goods is made on the premises.

8.

Teachers, including music and dance instructors, provided that instruction shall be limited to five pupils at any time, except for occasional groups.

9.

Seamsters and tailors.

10.

Other uses determined by the Zoning Administrator to be customarily incidental to the principal use of a residential building.

D.

Home Occupations Permitted only in the R-1C "Suburban Single-Family Residential District." In addition to the customary home occupations listed above, in the R-1C District only, home occupations may also include, but are not limited to, the following list of occupations; provided, however, that each listed occupation shall be subject to the requirements of Section 602.A and 602.B:

1.

Animal boarding and general care, but not including veterinary services and provided that the number of animals harbored on any zoning lot is compliant with all applicable City of Derby Municipal Codes.

2.

Assembly, maintenance and repair of small implements used in the home, office, shop, garage, lawn, garden and farm.

3.

Welding and Machine shops.

4.

Manufacturing of pottery, statuary, figurines, or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

5.

Automobile restoration conducted entirely within an enclosed structure with no outdoor storage of vehicles, parts or equipment provided that the home occupation does not exhibit regular or continuous sales as identified in Section 602.E.2.

E.

Home Occupations Prohibited. Permitted home occupations, for example, shall not in any event be deemed to include:

1.

Animal kennels, hospitals or stables, except boarding as permitted by Section 602.D.1.

2.

Automobile and other vehicular repair shops or sales of such vehicles which exhibit a pattern of regular or continuous sales. A person holding a State Vehicle Dealer's License may not operate as the same as a home occupation. This shall not prevent the periodic sale of a vehicle which is owned and operated for personal use.

3.

Dancing schools, except as provided for in Section 602.C.

4.

Child care centers and preschools, unless specifically permitted by the district regulations.

5.

Excavating and/or heavy equipment operators.

6.

Funeral homes.

7.

Grocery stores.

8.

Medical or dental clinics.

9.

Renting of trailers, motor vehicles, tools or equipment.

10.

Restaurants.