PROPOSED AMENDMENTS TO THE DERBY ZONING REGULATIONS AUGUST 12, 2008

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1 ARTICLE II Definitions and word usage Definitions and word usage. Modify the following: HOUSING FOR THE ELDERLY OLDER PERSONS Housing in accordance with and as defined in the United States Fair Housing Act, as amended. Multifamily housing designed for people 60 years of age or older. (COMMENT: Such housing usually has wider doors, elevators that can accommodate wheelchairs, special support and hand bars and bathroom and kitchen facilities designed specifically for the elderly. It also may include care facilities, central recreation areas and accessory medical facilities. Elderly person housing may be private or subsidized under one or more governmental programs.) LIGHT INDUSTRY - Industrial uses which meet the performance standards, bulk controls and other requirements established in this chapter. Industrial activities which are low intensity, non-nuisance manufacturing uses and do not necessarily require or use steam generated on the premises as the primary source of power for the manufacturing processes carried on, or extensive loading docks or similar facilities for the receiving or shipment of raw materials or semi-finished or finished products. Uses including but not limited to hot mix, asphalt plants, rendering plants, food processing plants, and other similar uses which emit fugitive dust, smoke, fumes, noise, or brilliant light, or are otherwise offensive to the senses or are of a kind or quality that their operation interferes with development or enjoyment of other property in the vicinity are prohibited. AGE RESTRICTED RESIDENTIAL DEVELOPMENT A residential development designed in accordance with the standards established in these regulations to meet the needs and requirements of an active adult community, where at least 80 percent of the units are occupied by at least one person who is 55 years of age or older, and there is no permanent resident under the age of 21 years. BEDROOM Any room in a dwelling unit other than a kitchen, living room, dining room, bathroom, hallway, pantry, foyer or closet.

2 ARTICLE III Zoning Districts and District Requirements 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: Amend the following: Zoning Districts Residence zones R-1 Zone R-2 Zone R-3 Zone R-4 Zone R-5 Zone R-6 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) Add Mixed Use zones Add Corridor Improvement District (CID Zone) Industry zones I-1 Zone Industrial Campus Zone (IC Zone) Floodplain Zone (FP Zone) Open Space Zone (OS Zone) Residential - 1 (R-1) Zone. D. Special exceptions in the R-1 Zone shall be as follows: (11) Age Restricted Residential Development per Section

3 Residential - 2 (R-2) Zone. D. Special exceptions. Special exceptions in the R-2 Zone shall be as follows: (10) Age Restricted Residential Development per Section Residential - 3 (R-3) Zone. D. Special exceptions. Special exceptions in the R-3 Zone shall be as follows: (10) Age Restricted Residential Development per Section Residential - 4 (R-4) Zone. D. Special exceptions. Special exceptions in the R-4 Zone shall be as follows: (10) Age Restricted Residential Development per Section Residential - 5 (R-5) Zone. D. Special exceptions. Special exceptions in the R-5 Zone shall be as follows: (11) Age Restricted Residential Development per Section Residential-Multiple (RM) Zone. D. Special exceptions. Special exceptions in the R-M Zone shall be as follows: (4) Age Restricted Residential Development per Section Center Design Development District (CDD) Zone. Amend and add the following: C. Permitted uses and Special Exception Uses. (3) Special Exception Uses. (a) Age Restricted Residential Development per Section

4 Add the following section: A. Corridor Improvement District (CID) Zone A. Intent. This zone is intended to maintain and facilitate the growth and expansion of small scale light industry, general neighborhood-serving retail and personal service activities while preserving existing architectural resources by encouraging the rehabilitation and redevelopment of existing properties to support age-restricted housing at a scale and density compatible with the adjacent residential zones. This zone is in keeping with the goals and objectives of the City of Derby Plan of Conservation and Development to provide Effective adaptive reuse of older industrial buildings and mixed-use buildings (pg. 29) and to "Develop plans for a variety of housing types to be needed by the increasing number of elderly residents." (pg. 37). Furthermore, the intent of this zone is to provide a transitional zone between the heavy industrial uses along Derby's major transportation corridors and the adjacent residential neighborhoods. B. Permitted uses. Permitted uses in the CID Zone shall be as follows: (1) Light Industry without outside storage facilities (2) Research and development facilities (3) Warehouses (4) Machine shops C. Accessory Uses: Accessory uses in the CID zone shall be as follows: Customary accessory structures not including outside storage. D. Special exceptions. Special exceptions in the CID Zone shall be as follows: (1) Light Industry requiring outside storage facilities. (2) Age-Restricted Residential Developments subject to the requirements of Section (3) Retail business. (4) Restaurants and other food service establishments, excluding fast-food restaurants. (5) Gasoline service stations and/or car wash.

5 (6) Hotel or motel. (7) Multiple or Mixed-uses: Any combination of permitted or special exception uses in this section may be allowed provided they are compatible with each other and maintain public health, safety and welfare of the community. E. Bulk requirements. Bulk requirements in the CID Zone shall be as follows: (1) Each lot shall have an area of at least 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: 50% (4) Maximum height: 35 feet (5) Minimum required front yard: 20 feet (6) Minimum required rear yard: 20 feet (25 feet next to an R Zone) (7) Minimum required side yard: 20 feet (25 feet next to an R Zone) (8) Accessory uses. a. Building from rear line of lot: five feet (25 feet next to an R Zone) b. Building from side line of lot: 10 feet (25 feet next to an R Zone)

6 ARTICLE IV General Use Requirements and Miscellaneous Provisions Add the following section: Age Restricted Residential Development A. Intent. The intent of this section of the regulations is to provide for the construction of alternate housing types to meet the needs of those ages 55 and older while recognizing that such housing has less impact than other higher density housing. This regulation is in keeping with the goals and objectives of the City of Derby Plan of Conservation and Development to "Develop plans for a variety of housing types to be needed by the increasing number of elderly residents." (pg. 37). B. Qualifying Standards. a. Age Restricted Residential Development may occur in the following zones when existing buildings are proposed for rehabilitation or when previously developed properties are proposed for redevelopment: i. Central Design Development District (CDD) Zone ii. Corridor Improvement District (CID) Zone b. Age Restricted Residential Development may occur on previously undeveloped sites in the following zones: i. R-1, R-2, R-3, R-4, R-5 and/or RM. c. In all applicable zones, the proposed development, the use of land, location and size of principal buildings and other structures shall be of a character in harmony with the neighborhood, to accomplish a transition between areas of high and low intensity uses, to protect property values and to preserve and enhance the beauty of the community. d. The property shall be served by public water and public sanitary sewer. C. Application Procedure and Requirements. a. Applications for Age Restricted Residential Development shall be subject to Special Exception approval by the Commission and shall be prepared in accordance with Article VI of the regulations and as otherwise specified herein.

7 b. The Statement of Use shall include a clear statement explaining how the proposed development meets the purposes set forth in Section B. c. The applicant shall demonstrate that the need exists in the community for a different type of housing unit than is allowed in the underlying zone. d. In an R-1, R-2, R-3, R-4, R-5 or RM zone, the applicant shall also submit a preliminary conventional subdivision plan at a scale not greater than 1"=100' showing the layout of a conventional residential subdivision in accordance with the Derby Subdivision Regulations and the requirements of the underlying district as provided in Article III. The plan shall provide sufficient detail for the Commission to determine the difference between the two development scenarios. e. If an Age Restricted Residential Development proposes a higher density than possible with a conventional subdivision, the applicant shall prepare a traffic study to demonstrate that the proposed development does not result in a substantial increase in traffic volumes as compared to those of the conventional subdivision. The Commission shall have the right to waive said requirement if it determines that conditions do not warrant a study or if the number of proposed development units does not exceed that of the conventional subdivision. f. The applicant shall provide a summary of the proposed types, quantities and general location of dwelling units including square footage, number of bedrooms and densities for the development in phases (if applicable) and as a whole. g. The applicant shall provide a proposed development schedule with project completion date(s) including phases if applicable. h. A map showing all wetland areas and watercourses together with a calculation of the maximum allowable density on the site. D. Design standards: The proposed development shall meet the requirements of this Section in addition to the bulk requirements of the underlying zone(s), subject to pre-existing conditions. In the case of a conflict between the requirements of Section and any other provision of the Zoning Regulations the more restrictive requirement shall apply. The following standards shall apply to the design and development of an Age Restricted Residential Development:

8 a. The maximum number of dwelling units shall be determined as follows: i. R-1 Zone Total net area of parcel (not including easements, wetlands or watercourses) minus ( ) 20% for roads divided by 43,560 sq. ft. multiplied (X) by two (2) = maximum number of dwelling units. ii. iii. iv. R-2 Zone Total net area of parcel (not including easements, wetlands or watercourses) minus ( ) 20% for roads divided by 21,780 sq. ft. multiplied (X) by one and one-half (1.5) = maximum number of dwelling units. R-3 Zone Total net area of parcel (not including easements, wetlands or watercourses) minus ( ) 20% for roads divided by 15,000 sq. ft. multiplied (X) by one and one-half (1.5) = maximum number of dwelling units. R-4 Zone Total net area of parcel (not including easements, wetlands or watercourses) minus ( ) 20% for roads divided by 9,000 sq. ft. multiplied (X) by one and one-fourth (1.25) = maximum number of dwelling units. v. R-5 and RM Zones Total net area of parcel (not including easements, wetlands or watercourses) minus ( ) 20% for roads divided by 7,500 sq. ft. multiplied (X) by one and one-fifth (1.2) = maximum number of dwelling units. vi. CDD and CID zones The maximum number of dwelling units shall not exceed 20 per acre of total gross area. Any fraction that results shall be rounded down to the nearest whole number. Where the property proposed for an Age Restricted Residential Development lies within more than one of the zones set forth above, the total number of units allowed may be allowed throughout the entire property based upon the criteria of the more restrictive zone. Definition of total net area: Net areas shall not include any ponds or other substantial bodies of water. In addition, only 50% of any acreage falling in each of the following categories may be utilized to compute the total net area: i. Inland Wetlands soils as delineated on the official Inland Wetlands maps of the Derby Inland Wetlands Agency or as delineated by a soil scientist in the field.

9 ii. Any flood plain area as defined per Article XV of these regulations and in accordance with the Ordinance Concerning Floodplain Management. b. No dwelling unit shall contain more than three (3) bedrooms and in all zones except CID and CDD at least one bedroom shall be located on the first floor. No more than 50% of the units shall be (3) bedroom units. c. In all zones except CID and CDD, the maximum coverage for all dwellings and accessory structures shall not exceed thirty percent (30%) of the total gross lot area. d. All roadways, driveways and parking areas in an Age Restricted Residential Development shall be designed in accordance with the offstreet parking and loading requirements of Article VII of these regulations. e. No dwelling shall extend within less than 50 feet of any street line or 25 feet of any other property line; provided however, upon written request from the applicant at the time of the filing of the application, the Commission may waive the setback requirements when there is an existing structure on the property which the Commission determines is worth rehabilitating. f. In Zones R-1, R-2, R-3, R-4, R-5 and RM no building shall contain more than two (2) dwelling units and no dwelling shall extend within less than 15 feet of any other dwelling except that where any facing walls contain a window or windows, such distance shall be increased to 20 feet. The distance shall be measured from the nearer window to the wall facing it. Measurement between dwelling units shall exclude open patios, steps, walkways and decks not exceeding 125 square feet. g. Community Area. The applicant shall provide area(s) for passive and/or active recreation for the residents of the Age Restricted Residential Development. Such areas shall include open space accessible to the public with walkways, sitting areas (covered or uncovered), landscaping and lighting, excluding roadways and their associated right-of-ways, stormwater management areas and above grade utility structures. Accessory buildings or other community-oriented buildings may be permitted subject to approval by the Commission in accordance with the requirements of this section or those of the underlying zone. h. In Zones R-1, R-2, R-3, R-4, R-5 and RM, each dwelling unit shall be provided with a minimum of 600 square feet of private usable outdoor space, such space to be directly accessible by the occupants of the dwelling unit.

10 i. Community space and other accessory uses may be provided for the use of residents for recreational, meeting and office purposes subject to the requirements of the underlying zone. j. All dwelling units shall be provided with a dedicated private accessway. k. Parking shall be provided in accordance with the requirements of Article VII, and two (2) parking spaces shall be reserved for each dwelling unit and designed for convenient use by the residents of the development. Additional parking areas may be required to accommodate visitor parking. If required by the Commission one (1) visitor parking space shall be provided for each dwelling unit. l. All visible, above-grade utility structures, including but not limited to electrical control panels, meters, back flow prevention devices, transformers, etc., shall be sufficiently screened from view with fencing and/or landscaping. m. All signage, lighting and landscaping shall conform to the applicable sections of the regulations. n. All land not utilized for dwellings and private usable outdoor space shall be considered common land. In Zones R-1, R-2, R-3, R-4, R-5 and RM, the minimum amount of land to be set aside as open space shall not be less than 50% of the net property area as defined herein. Such land shall be in such condition, size and shape as to be readily useable for circulation parking, recreation for the members of the corporation and/or conservation and shall be permanently reserved by the following means: i. Held in corporate ownership by the owners of the dwelling units within the development. Membership in said corporation shall be mandatory for all owners of dwelling units within the development and shall be so stipulated, together with the beneficial right to use the common land, by members of the corporation, in their deed or lease as the case may be. The method of preservation shall be specified prior to approval of the application. o. All private streets, parking areas, sidewalks, utilities, recreation facilities, open space, common community space, amenities and other private improvements, facilities and areas required by, proposed and approved as part of a development shall be maintained and operated in perpetuity by the applicant, owner, association or corporation without expense to the

11 City of Derby. The development site shall, at all times, be maintained in a safe, sanitary and presentable condition. Additional requirements p. The proposed development shall fully comply with the provisions of the United States Fair Housing Act, as amended, and Connecticut General Statutes 45a-64b, as amended, as it pertains to "Housing for older persons." This includes compliance with any and all rules promulgated by the United State Department of Housing and Urban Development which govern the implementation of such act. q. The proposed development shall be a common interest ownership community as defined in Chapter 828 of the Connecticut General Statutes. r. A Community Association shall be established and maintained prior to the issuance of the first building permit. The Community Association shall certify annually to the Zoning Enforcement Officer that the Age Restricted Residential Development is in compliance with the age restricted requirements of Section of the Derby Zoning Regulations. Such certification shall comply with the requirements of the United States Department of Housing and Urban Development. The first certificate is required to be submitted within one (1) year from the date of issuance of the first certificate of occupancy. s. The Age Restricted Residential Development owner or the association of homeowners of such development shall have the responsibility of complying with the Fair Housing Act, as amended, and any regulations promulgated there under. t. The applicant shall provide the community association and the City of Derby with a bond for all uncompleted common area improvements in accordance with the requirements of Sections and of the Zoning Regulations. E. Considerations for approval: The Commission, in considering and reviewing the application and arriving at is decision, shall find in addition to the standards found in Article VI, the following: a. The purposes specified in Section have been substantially met. b. The qualifying standards specified in Section B and the design standards of Section D have been met.

12 c. Provisions for traffic, water, sewerage, storm water and open space (or community space) are adequate, do not overburden existing streets, water sewer and storm water facilities on or off-site and do not create water problems off-site. d. No congestion in the streets surrounding the site will result from the proposed development and the design will not require improvements to the City of Derby street system, on and off-site sanitary sewers, water and other municipal facilities and drainage systems. This requirement can be only be waived by the Commission only if said improvements are necessary to support the application and will be performed at the applicant's expense. e. The applicant has demonstrated that the need exists in the community for a different type of housing unit than is allowed in the underlying zone. f. The proposed development and design will not have an adverse effect on surrounding properties, will be in harmony with the neighborhood, and will not have an adverse effect on property values in the area. g. The proposed development will not have a significant adverse effect on the environment and in particular wetland and watercourse areas. In making this finding the recommendations (if applicable) of the Inland Wetlands Agency regarding the development will be taken into account. h. Where appropriate, the applicant has provided for continuing maintenance of private roads, parking areas, storm water drainage facilities, open space (or common community space) and other amenities not accepted by the City of Derby.