A.
Zoning permit. No building or other structure, or part
thereof, shall be constructed, reconstructed, enlarged, extended, moved or
structurally altered until an application for a zoning permit has been approved
by the Zoning Officer. No land, building or other structure, or part thereof,
shall be used or occupied, or changed in use, until an application for a zoning
permit therefor has been approved by the Zoning Officer and until a zoning
permit therefor has been issued by the Zoning Officer certifying conformity
with these regulations. No zoning permit, however, is required for a farm,
forestry, truck garden or nursery use when no building or other structure
is proposed. All applications for a zoning permit shall be submitted and approved
in accordance with the provisions of § 195-138B, and all zoning
permits shall be issued in accordance with said section.
B.
Conflict with amendments. No application for a zoning
permit shall be approved by the Zoning Officer authorizing plans, construction
or uses which do not conform to any proposed amendment of these regulations
if the first notice of a hearing on such amendment has been published in a
newspaper as required by the General Statutes of the State of Connecticut.
If, however, the proposed amendment has not been adopted and made effective
within 60 days from the date of such first published notice, the application
for a zoning permit shall be promptly approved by the Zoning Officer.
C.
Prohibited uses in all districts. Any other provisions
of this regulation notwithstanding, and except as provided hereinafter, the
following uses shall be prohibited in all districts:
(1)
Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor or other form of air pollution;
or by reason of the deposit, discharge or dispersal of liquid or solid wastes,
in any form, in a manner or amount so as to cause permanent damage to the
soil or any stream or to adversely affect the surrounding area; or by reason
of the creation of noise or vibration or electromagnetic disturbance perceptible
beyond the boundaries of the lot on which it is situated; or by reason of
illumination by artificial light or light reflection beyond the limits of
the lot on, or from which, such light or light reflection emanates; or which
involves any dangerous fire, explosive, radioactive or other hazard or which
can cause injury, annoyance or disturbance to any of the surrounding properties
or to their owners and occupants; or any other process or use which is prejudicial
to health, safety or the general welfare.
(2)
Junkyards.
(3)
Trailer camps or mobile home parks.
(4)
Manufacture or storage of ammunition, explosives or fireworks.
(5)
No land in any district may be used for the disposal
of materials which have radioactive levels which could present a danger to
health. No such materials shall be stored or handled except in accordance
with regulations of all relevant federal, state and city agencies.
D.
Professional offices in residences. Professional offices
in residences, where permitted, shall comply with the following:
(1)
Said office shall be conducted by a professional residing
on the premises. Not more than two nonresident assistants shall be employed
by any such professional resident.
(2)
Said office shall be incidental and subordinate to the
residential use of the building and shall not occupy more than 50% of the
area of the ground floor of the principal building. No office shall be conducted
in an accessory building.
(3)
In no manner shall the appearance of the building be
altered or shall the office within the residence be conducted in a manner
that would cause the premises to differ from its residential character, either
by the use of colors, materials, construction, lighting, size or the emission
of sounds, noises or vibrations.
E.
Buffer area requirements. Buffer areas shall be required
for commercial uses, industrial uses and multifamily uses abutting residential
uses.
(1)
Buffer requirements. In cases where a commercial use,
industrial use abuts a residential use, a green belt buffer area at least
25 feet in depth and located on the commercial, industrial parcel shall be
provided and maintained by the owner of such parcel. This area shall not be
used for the storage of materials or parking of vehicles. Trees and shrubs
shall be planted against the property lines to give a screen at least 15 feet
deep using approved, hardy, indigenous plant species. At least 50% of the
plantings shall be evergreen, of which at least 60% shall be six feet in height
or taller at time of planting. The balance of the buffer area shall be planted
and maintained as lawn. Existing suitable, natural growth shall be preserved
where practicable and supplemented with new planting in accordance with the
above standards. Permanent structures such as fences, walls and earth berms
may be approved in lieu of plantings. Such measures shall be in conformance
and in the opinion of the Commission, comply with the intent of these regulations.
(2)
Street frontage. Buffer areas may be required along the
street frontage of a lot in order to screen such uses as parking facilities,
loading areas and outside storage areas.
(3)
Plans. Plans showing the work to be done, with assurance
of completion and future maintenance, shall be filed and approved by the Commission
before such parcel may be used for commercial or industrial use purposes.
The approved buffer area planting and/or supplemental structures shall be
in place prior to the issuance of a zoning certificate of compliance by the
Zoning Officer. Failure to maintain the buffer area in good condition shall
constitute a violation of these regulations by the owner of the parcel.
A.
Reduction of lots. No lot existing at the time of these
regulations shall be reduced in dimension or area below the minimum requirements
set forth herein. Lots created after the effective date of the regulations
shall meet at least the minimum requirements established herein.
B.
Easement not to be included in lot area. The minimum
area required for a lot in any district shall not include the area lying within
any easement or right-of-way over such lot for a pedestrian way or for the
purposes of drainage, water supply, sewerage, the transmission of gas or liquid,
telephone, telegraph, electric or other utility purposes. The Commission may
require that any utility or drainage easement or right-of-way be used for
pedestrian walkways in connection with any subdivision or site development
approval.
C.
Visibility at intersections.
(1)
On no lot shall any wall, fence, structure, planting
or obstruction to vision be erected, maintained, placed or planted which unreasonably
or dangerously obstructs or interferes with the visibility of drivers of vehicles
on a curb or at any street intersection. The minimum vision clearance shall
require that no wall, fence, structure, or planting exceed a height of two
feet above the street grade (except for street trees or other high branching
trees) (see Appendix Figure 30).
(2)
In order to protect public health and safety, any owner
of a lot not in conformance with the requirements of this section may be ordered
by the Zoning Officer to remove dangerous obstructions to visibility. Such
order shall be complied with within one month of its issue.
D.
Junkyards. Junk yards are not permitted within the City
of Derby except that the city may, by special permit approval of the Commission,
operate a junkyard or similar facility if the Commission finds that it is
in the public interest.
E.
Radioactive material. No land in any district may be
used for the disposal of materials which have radioactive levels which could
present a danger to health. No such materials shall be stored or handled except
in accordance with regulations of all relevant federal, state and city agencies.
F.
Dedication of land. Areas dedicated for any public purpose
in connection with any zoning or subdivision application shall be in a location
and of size and shape as specified by the Commission. This land shall be deeded
to the city by full warranty deed free and clear of all encumbrances and shall
be in an acceptable condition with any improvements as may be required by
the Commission before any building permit is issued; or, in lieu of this,
a contract for said transfer of title acceptable to the Commission shall be
furnished by the developer. On approval of the application, the Commission
accepts the dedication with the provision that if the land is not legally
conveyed to or accepted by the appropriate city agency in the manner prescribed
by the Commission, for whatever reason, then that land shall be considered
to have been designated as open space and, prior to the issuance of any building
permits, appropriate agreements, restrictions and documents shall be provided
ensuring that it will be maintained as such for 50 years.
G.
Scenic or conservation easements. The Commission may
make provisions for the securing of appropriate easements and restrictions
on any area of land that it has determined would be in the public interest
to retain, maintain and conserve in its natural state.
H.
Determination of certain uses. A proposed use in any
zone which, in the opinion of the Zoning Officer, is not clearly allowed or
prohibited as a permitted use or a special exception in that zone shall be
referred to the Commission for a determination as to whether the use should
be allowed as a permitted use or special exception, or not be allowed in that
zone.
I.
Corner lots. On corner lots, front yard requirements
shall be applicable to both street frontages. The width of a corner lot shall
be measured by taking the longer front lot line as though it were a side lot
line (see Appendix Figure 31).
J.
Through lots. A through lot shall have yards adjacent
to each street of at least the same depth as the required front yard. Through
lots shall be avoided, except where it is deemed desirable to preclude vehicular
access from a heavily trafficked street.
K.
Substandard lots. In all single-family zones, any lot
which was separately described in the latest deed of record prior to the effective
date of these regulations or which was an approved lot shown on a subdivision
plan approved, and on file in the Town Clerk's office prior to said date,
which does not meet the requirements of these regulations as to lot area and/or
lot width may be utilized for any use permitted in the zone in which such
lot is located, provided that all of the other provisions and requirements
of these regulations are complied with.
L.
Narrow parts of lot not counted towards area requirements.
Lots created by subdivision subsequent to the effective date of these regulations
cannot include as a portion of their required area excessively narrow sections.
To qualify for inclusion, the minimum straight line dimension connecting the
lot side lines shall exceed 33 1/3% of the required lot width (see Appendix
Figure 31).
M.
Projections into yards. Except as governed by requirements
for intersection visibility, open porches or vestibules may extend into any
required front yard, provided that such extension shall not exceed five feet
nor cover more than 50 square feet of area computed on exterior dimensions.
Other usual projections such as chimneys, window sills, cornices and bay windows
may extend not more that two feet into any required yard.
N.
Roadside stands. Farmers' stands of temporary construction
or readily removable intended for the roadside sale of products raised exclusively
on the farm served by the stand may be allowed in any residential zone. Such
stands hereafter erected must be set back from the road at least 40 feet to
permit access drives and to avoid parking of customers' vehicles on the highway
and must be approved by the Zoning Officer.
O.
Fences, walls and hedges. In residential zones no fence,
hedge or wall in excess of four feet in height may be erected within five
feet of any property line in the required front yard. Higher fences, hedges
or walls up to a maximum height of six feet may be erected in the front yard
if they are set back 10 feet from the property lines. No fence, hedge or wall
exceeding six feet in height may be erected within any required side or rear
yard. No fence, wall or hedge, the gross area of which is 80% or less open,
shall be located within a ten-foot radius of the intersection of any driveway
edge and a street property line. This does not apply to wire, stretcher, hurdle,
post-and-rail and split-rail fences which do not present impairment to visibility
(See Appendix Figure 32).
P.
Guard houses. In industrial districts, a building not
exceeding 150 square feet in floor area and a height of 15 feet and used solely
as a guardhouse, gate house or security building may extend to within 10 feet
of any street line.
Q.
Required frontage and access. No building shall be built
on any lot unless the lot has a frontage of at least 30 feet on a public street,
an approved subdivision, or unless it has unobstructed easement of access
or private right-of-way at least 25 feet wide to a public street. Such accessway
shall not exceed a length of 250 feet and shall not be included in the minimum
required lot area. Each accessway shall provide access for one lot, and the
maximum number of adjoining accessways shall not exceed one.
R.
Open spaces required for each building. Except as specifically
provided herein, no part of any yard or other open space required around any
building may be included as part of a yard or other open space required for
any other building.
S.
Height limitation. The building height limit shall be
applied separately for each wing or other distinct portion of the building.
Spires, cupolas, towers, chimneys, flagpoles, penthouses, ventilators, tanks
and similar features occupying in the aggregate not more than 10 percent of
the building area and not used for human occupancy may be erected to a reasonable
and necessary height as determined by the Zoning Officer.
T.
Projection into open spaces. Nothing in these regulations
shall prohibit the projection of not more than one foot into a required open
space of pilasters, columns, belt courses, sills, cornices or other similar
architectural features, nor the planting or landscaping of such open spaces.
U.
Lots on narrow streets. In the case of lots fronting
on streets with less than 50 R.O.W., the required front yard shall be increased
by 1/2 the difference between 50 feet and the actual width of the R.O.W.
V.
Lots adjacent to a railroad. In the case of a side or
rear lot line in a commercial or industrial district which is contiguous to
the right-of-way of a railroad siding, the applicable yard shall not be required
for any commercial or industrial use.
W.
Existing lots. The provisions of these regulations relative
to required lot area and required lot width shall not prevent the construction
of an otherwise permitted building or the establishment of an otherwise permitted
use on a lot which, at the time of the adoption of these regulations, or of
any pertinent amendment thereto, and continuously thereafter, was owned separately
from any adjoining lot, as evidenced by deed recorded in the land records
of the City of Derby provided that any reduction in the required front, side
or rear yards shall have been approved by the Zoning Board of Appeals.
X.
Accessory buildings. Detached accessory buildings not
more than 14 feet in height and not used for human habitation or for the housing
of animals may be located in the required side or rear yard, provided that
they are located not less than 60 feet from any street line and not less than
six feet from any side or rear yard line and provided further that they occupy
in the aggregate not more than 20% of the area of the required rear yard.
Y.
More than one principal building on a lot. No lot in
any residential district, except multifamily dwellings, shall contain more
than one principal building.
Z.
Storage of waste material. No waste or scrap material,
debris, motor vehicles which are partially or wholly dismantled, motor vehicle
parts, abandoned machinery, junk or similar unsightly material shall be stored
or allowed to accumulate in any open space or outside a completely enclosed
building on any lot in any district other than as may be permitted in an industrial
district. This provision shall not apply to the temporary storage of waste
material from a construction operation being legally executed on the same
premises.
AA.
Trailers, recreation vehicles and boats. The outdoor
storage or parking and use of a trailer or recreation vehicle by any person
or persons is hereby prohibited in all districts, except that:
(1)
Not more than one unoccupied trailer or recreation vehicle
per dwelling unit may be stored, but not used for any purpose, on an occupied
lot in any residence district, provided that such trailer or recreation vehicle
is not stored between the street line and the principal building. If stored
in a side or rear yard, said trailer or recreation vehicle shall be buffered
from view by a fence or landscape screen of at least six feet in height.
(2)
Not more than one boat per dwelling unit may be stored
on an occupied lot in any residence district, provided that such boat is not
stored between the street line and the principal building. If stored in the
rear or side yard, said boat shall be buffered from view by a fence or landscape
screen of at least six feet in height.
(3)
Where a building permit has been issued for the construction
or alteration of a building or immediately following an emergency or disaster,
the Building Official may issue a temporary permit for one or more trailers,
for a period not to exceed one year.
(4)
The number of trailers shall be limited to that which
the Building Official shall deem to be necessary in each case. Said temporary
permit may be extended for two additional successive periods of six months
each, if the Building Official finds that construction has been diligently
pursued and that justifiable circumstances require such an extension.
BB.
Trash compactors. Trash compactors, where permitted,
shall be located in the rear yard only, subject to the following:
(1)
The compactor shall be located no closer than 10 feet
from the property lines.
(2)
The compactor shall not be located in a required loading
berth or in required off-street parking spaces.
(3)
The compactor shall be the rodent-proof design.
(4)
The design and operation of the trash compactor shall
be approved by the Building Official of the city of Derby, prior to its installation.
CC.
Outside storage. Outside storage, which is hereby defined
to be the outside storage or display of merchandise, supplies, machinery and
other materials and/or the outside manufacture, processing or assembling of
goods, but excluding areas for parking of registered motor vehicles in daily
use, shall be limited as follows:
(1)
Business districts: There shall be no outside storage
areas in business districts.
(2)
Industrial districts: In industrial districts, outside
storage areas shall not extend into the area required for setback from a property
line, street line or residence district boundary line, shall not exceed 15%
of the lot area and shall be enclosed (except for necessary access drives)
by buildings and/or by fences, walls, embankments or evergreen shrubs or trees
so as to screen the storage area from view from any other lot or from any
street, and the aggregate lot coverage of all buildings, other structures
and outside storage areas shall not exceed 60% of the area of the lot.
DD.
Courts and windows. In addition to the setback requirements
specified in this regulation, the windows of rooms used for human occupancy
in a dwelling containing two or more dwelling units shall open onto yards,
setback areas, courts or other open spaces. The least horizontal dimension
of any court between opposing walls shall be not less than twice the average
height of such opposing walls. In the case of a court formed by walls on three
sides and open on the fourth side, the distance between the open end and the
opposite wall shall not exceed the distance between the other two walls, unless
such latter distance is greater than 50 feet. On any lot, no window in one
dwelling unit shall face the window of another dwelling unit at a distance
of less than 25 feet. On any lot, no dwelling shall be closer to another dwelling
than the average height of such dwelling.
EE.
Floodplain development. In any area of special flood
hazard within the City of Derby, no land, building or other structure shall
hereafter be constructed, located, extended, converted or altered without
full compliance with all provisions of the Floodplain Management Ordinance[1] of the City of Derby and all requirements and provisions of these
regulations.
FF.
Minimum floor elevation. No building shall be erected
hereafter unless the minimum elevation of the lowest floor, including basement,
shall be at or above one foot above the one-hundred-year-flood level. The
land area adjacent to and within 10 feet of any building, together with the
streets and driveways giving access to the building, shall be graded to an
elevation of one foot above the one-hundred-year-flood level. The provisions
of this subsection shall not apply to detached garages, boat houses and other
accessory buildings or portions thereof not used for human occupancy or to
buildings for which a legal variance permitting a lower elevation has been
approved under the provisions of the Floodplain Management Ordinance.[2]
GG.
Lots under water or subject to flooding.
(1)
All lots under water or subject to flooding shall be
subject to the requirements for flood hazard areas.
(2)
In addition, no more than 10% of the minimum area requirement
of a lot may be fulfilled by land which is under water or subject to periodic
flooding. All minimum front, side and rear yard requirements must be satisfied
by measurement on dry land.
HH.
Subdivision of a lot.
(1)
Where a lot is formed hereafter from part of a lot already
occupied by a building or structure, such separation shall be effected in
such a manner as not to impair conformity with any of the requirements of
this regulation with respect to the existing building and all yards and other
required spaces in connection therewith.
(2)
Any new lot so formed must conform to the zoning requirements
of the zone in which it is located in order to receive a zoning permit.
II.
Location of accessory uses. Unless otherwise specified,
all accessory uses permitted in this regulation shall be located in the principal
building or in any side or rear yard, with the exception of off-street parking
for one-family dwellings which may also be located in any required front yard,
provided that said parking is located in the driveway portion of the yard
and does not result in the parking of vehicles on or within one foot of a
public right-of-way.
JJ.
Exterior lighting. All exterior lighting in connection
with all buildings, signs or other uses shall be directed away from adjoining
streets and properties and shall not cause any objectionable glare observable
from such streets or properties and shall be limited to 14 feet in height.
KK.
Prohibited uses in all districts. Any other provisions
of this regulation notwithstanding, and except as provided hereinafter, the
following uses shall be prohibited in all districts:
(1)
Any use which is noxious, offensive or objectionable
by reason of the emission of smoke, dust, gas, odor, or other form of air
pollution; or by reason of the deposit, discharge or dispersal of liquid or
solid wastes, in any form, in a manner or amount so as to cause permanent
damage to the soil or any stream or to adversely affect the surrounding area;
or by reason of the creation of noise or vibration, or electromagnetic disturbance
perceptible beyond the boundaries of the lot on which it is situated; or by
reason of illumination by artificial light or light reflection beyond the
limits of the lot on, or from which, such light or light reflection emanates;
or which involves any dangerous fire, explosive, radioactive or other hazard,
or which can cause injury, annoyance or disturbances to any of the surrounding
properties or to their owners and occupants; any other process or use which
is prejudicial to health, safety or the general welfare.
(2)
Junkyards are not permitted within the City of Derby,
except that the city may, by special permit approval of the Zoning Commission,
operate a junkyard or similar facility if the Commission finds that it is
in the public interest.
(3)
Trailer camps or mobile home parks.
(4)
Manufacture or storage of ammunition, explosives or fireworks.
