Fair Haven City Zoning Code
§ 30-5.3
Permitted and Prohibited Uses.
[2002 Code § 16.20.030; Ord. No. 2009-13 § II; Ord. No. 2018-07; amended 9-28-2020 by Ord. No. 2020-07; 8-16-2021 by Ord. No. 2021-09; 9-28-2020 by Ord. No. 2020-07; 10-11-2022 by Ord. No. 2022-15; 9-26-2023 by Ord. No. 2023-12]
a.
Permitted principal uses, accessory uses, and conditional uses within each zone district are set forth in the schedules of permitted uses. The letter "P" means that the use is a permitted principal use in the zone. The letter "C" means the use is a permitted conditional use. The letter "A" means permitted accessory use in the zone. Any use, except for essential services, which is not specifically listed as a permitted use, an accessory use or a conditional use on the schedule of uses shall be deemed a prohibited use.
1.
For Block 45, Lot 10.02 in the R-5 Zone (the "Lot"), the only permitted use is a 100% affordable housing development consistent with the following parameters:
[Added 9-28-2020 by Ord. No. 2020-07; amended 9-26-2023 by Ord. No. 2023-12]
(a)
One two-family dwelling consisting of affordable residential units with a minimum lot area of 5,000 square feet. A two-family dwelling is defined as: A building occupied or intended for occupancy as separate living quarters for no more than two families, with separate access, cooking, sleeping and sanitary facilities for the exclusive use of the occupants of each unit, which units are separated from each other either by vertical walls to the underside of the roof or by horizontal floors.
(b)
One unit shall be an affordable for-sale family unit and one unit shall be a very low-income rental unit as that term is defined in the Fair Housing Act.
(c)
Affordable housing units shall be subject to the standards in the Borough’s Affordable Housing Ordinance (Section 30-15.2).
(d)
All bulk, design, and other applicable standards in the R-5 Zone shall apply except as follows:
(1)
The Lot shall not be required to comply with the R-5 Zones prohibition precluding parking in the front yard setback. An entry driveway may cross any yard area but not more than 40% of the front yard area shall be used as a driveway or for off street parking.
(2)
The Lot shall be permitted a total of two driveways.
(3)
The Lot shall be exempt from providing curb-to-cub restoration at the points of utility connection pursuant to (Section 15-1.25).
(4)
The Lot shall be exempt from the tree reforestation requirements provided in Section 14-8. However, the developer shall use any and all measures to comply with the ordinance to the extent feasible and/or not cost generative.
(6)
Conflict. All other applicable municipal ordinances shall apply to this ordinance except that where any conflict exists between this Overlay Ordinance and the Borough’s code, whether in Zone R-5 or otherwise, this ordinance shall control.
b.
Prohibited uses shall include but not be limited to the following:
1.
All billboards, signboards, advertising signs and devices not expressly related to the business being conducted on the premises or otherwise specifically permitted by this section.
2.
Camping sites, trailer camps, trailer courts or trailer coaches used as dwellings, offices or storage facilities or commercial activities related to the outdoor storage or display of trailer coaches, except that during development construction trailers may be permitted specifically limited as to the extent of time such use and requiring the payment of an annual fee to the municipality for the granting of such license for such use.
3.
Auction markets.
4.
Junk yards, automobile wrecking yards or disassembly yards, or the sorting or baling of scrap metal, paper, rags, or other scrap or waste material, except for recycling operations operated by or with the approval of the Borough.
5.
Privately operated dumps for the disposal of garbage, trash, refuse, junk, or other such material.
6.
Adult book stores.
7.
Peep shows.
9.
Amusement arcade.
10.
Explosive storage, except small arms ammunition, or by special permit, where explosives are to be used on the premises.
11.
Incineration, reduction, storage or dumping of slaughterhouse refuse, rancid fats, garbage, or dead animals.
12.
Slaughtering and slaughterhouses for fowl or animals.
13.
Any use of any building or premises in such a manner that the health, morals, safety or general welfare of the community may be endangered.
14.
Keeping or raising of pigs, sheep, horses, donkeys, mules, cattle, goats, chickens, and other such livestock, unless a waiver is obtained in accordance with the provisions of subsection 5-18.4 of these Revised General Ordinances.
15.
Asphalt plants, concrete plants, asphalt batching plants, concrete batching plants, asphalt mixing plants, concrete mixing plants, asphalt manufacturing plants, concrete manufacturing plants.
16.
Auto, horse or dog racetracks.
17.
Keeping or raising of mink, fox or similar fur bearing animals.
18.
Open air drive-in motion picture theaters.
19.
Seasonal resort cottages.
20.
Any use which emits excessive and objectionable amounts of dust, fumes, noise, odor, vibration, smoke, glare or waste products.
21.
The use of boats or vehicles as residential dwellings.
22.
Fast-Food Restaurants, Drive-In Restaurants, and Drive-Through Windows, as defined in Section 30-2 of this chapter.
[Amended 10-11-2022 by Ord. No. 2022-15]
23.
Heliports, helistops or aviation field.
24.
The operation of Cannabis Cultivators, Cannabis Distributors, Cannabis Manufacturers, Cannabis Wholesalers, Cannabis Retailers, Cannabis Delivery Services.
[Ord. No. 2018-07; Ord. No. 2021-09]
25.
Warehouses and wholesale/fulfillment storage facilities.
[Added 10-11-2022 by Ord. No. 2022-15]