New Haven City Zoning Code
ARTICLE V
Use Regulations By Zoning District
Section 405.130 Zoning District "A-1" General Agricultural District.
[Ord. No. 918 §2, 5-1-2008]
A.
Permitted Uses. All buildings and land within an "A-1" zoning district shall be limited to the following uses:
1.
Single-family and two-family dwellings.
2.
All agricultural pursuits including buildings associated thereto and excluding intensive feeding operations and agribusiness.
3.
Transportation, pipeline, utility easements and rights-of-way.
4.
Temporary roadside stands for the sale of farm products grown on the premises; provided however, that up to one-third (1/3) of the display area for produce may be used for the sale of products not grown on the premises. Such a temporary stand shall be required to set back from the edge of the roadway pavement at least twenty-five (25) feet to permit adequate ingress, egress and parking.
5.
Advertising signs.
6.
Churches.
7.
Home occupations.
8.
Hospitals.
9.
Kennels.
10.
Public parks and playgrounds.
11.
Public buildings, facilities and utilities.
12.
Cemeteries.
13.
Airports or airfield.
14.
Accessory buildings which are subordinate in use to the main dwelling.
15.
Golf courses and country clubs.
16.
Public stables or riding academies.
17.
Group home. No group home shall be located within one-half (½) mile of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
18.
Medical marijuana cultivation facility (outside).
[Ord. No. 1286, 7-8-2019]
19.
Microbusiness wholesale facility.
[Ord. No. 1428, 3-13-2023]
Section 405.140 Zoning District "R-1a" Single-Family Residential.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 1051 §1, 3-11-2013]
A.
Permitted Uses. All buildings and land within a "R-1a" zoning district shall be limited to the following uses:
1.
Single-family dwellings.
2.
Accessory buildings customary, incidental and subordinate to the use of the main building. Accessory buildings would include, but not necessarily be limited to, garages, carports, swimming pools, pergolas, patios and fireplaces.
3.
Churches.
4.
Public parks and playgrounds.
5.
Public buildings, facilities and utilities.
6.
Group home. No group home shall be located within one-half (½) mile of another group home. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. Group homes shall be eleemosynary or not-for-profit in nature.
Uses Permitted Upon Review And Approval By The Planning And Zoning Commission. | |||
1. | Home occupations. | ||
2. | Modular housing. | ||
Special Use Permit Required. | |||
1. | Mortuaries. | ||
2. | Single-user office in residential structure located on an arterial road or major collector road. | ||
a. | No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission. | ||
3. | Communication tower. | ||
4. | Bed and breakfast homes, vacation homes and rooming houses. [Ord. No. 1393, 2-14-2022] | ||
B.
Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area.
C.
Water Supply And Sewage System. Each lot within a "R-1" zoning district shall be served by a public water supply and a public sewer system.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article X of this Chapter.
1.
Upon the effective date of this Subsection (March 11, 2013), all new construction of residential units in "R-1A" Districts shall include an attached garage or attached covered carport area. Such garage or carport shall accommodate parking of at least one (1) passenger vehicle.
Exception: A detached garage may be permitted provided that the garage is located behind the front building line and is in conformance with all applicable minimum dimensional requirements. In no event shall a detached carport be permitted.
E.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Floor Area. Every single-family detached dwelling hereafter erected shall contain a floor area, exclusive of garage space and area over open porches, of a minimum of twelve hundred (1,200) square feet of livable floor space completely above grade.
Section 405.150 Zoning District "R-1b" Single-Family Residential.
[Ord. No. 918 §2, 5-1-2008]
A.
Permitted Uses. All buildings and land within a "R-1b" zoning district shall be limited to the following uses:
1.
All uses permitted within a "R-1a" Single-Family Residential District.
Uses Permitted Upon Review And Approval By The Planning and Zoning Commission. | |||
1. | Home occupations. | ||
2. | Modular housing. | ||
Special Use Permit Required. | |||
1. | Mortuaries. | ||
2. | Single-user office in residential structure located on an arterial road or major collector road. | ||
a. | No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission. | ||
3. | Communication tower. | ||
4. | Bed and breakfast homes, vacation homes and rooming houses. [Ord. No. 1393, 2-14-2022] | ||
B.
Coverage. Main and accessory buildings shall not cover more than forty percent (40%) of the lot area.
C.
Water Supply And Sewage System. Each lot within a "R-1b" zoning district shall be served by a public water supply and a public sewer system.
D.
Parking And Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article X of this Chapter.
E.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Floor Area. Every single-family detached dwelling hereafter erected shall contain a floor area, exclusive of garage space and area over open porches, of a minimum of eight hundred (800) square feet of livable floor space completely above grade.
Section 405.160 Zoning District "R-1c" Single-Family Residential.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 961 §1, 3-8-2010]
A.
Permitted Uses. All buildings and land within a "R-1c" zoning district shall be limited to the following uses:
1.
All uses permitted within "R-1a" and "R-1b" Single-Family Residential Districts.
Uses Permitted Upon Review And Approval By The Planning and Zoning Commission. | |||
1. | Home occupations. | ||
2. | Modular housing. | ||
Special Use Permit Required. | |||
1. | Mortuaries. | ||
2. | Single-user office in residential structure located on an arterial road or major collector road. | ||
a. | No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission. | ||
3. | Communication tower. | ||
4. | Bed and breakfast homes, vacation homes and rooming houses. [Ord. No. 1393, 2-14-2022] | ||
B.
Coverage. Main and accessory buildings shall not cover more than ninety percent (90%) of the lot area.
C.
Water Supply And Sewage System. Each lot within a "R-1c" zoning district shall be served by a public water supply and public sewer system.
D.
Parking And Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article X of this Chapter.
E.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Units. All dwelling units shall be a minimum of eight hundred (800) square feet in floor area.
Section 405.170 Zoning District "R-2" Two-Family Residential.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 961 §§2 — 3, 3-8-2010]
A.
Permitted Uses. All buildings and land within a "R-2" zoning district shall be limited to the following uses:
1.
All uses permitted within a "R-1a", "R-1b" or "R-1c" Single-Family Residential District.
2.
Two-family dwellings or single-family dwellings with accompanying garage apartments.
Uses Permitted Upon Review And Approval By The Planning and Zoning Commission. | |||
1. | Home occupations. | ||
Special Use Permit Required. | |||
1. | Mortuaries. | ||
2. | Single-user office in residential structure located on an arterial road or major collector road. | ||
a. | No modifications shall be made to the residential appearance of said structure without approval of the Planning and Zoning Commission. | ||
3. | Communication tower. | ||
4. | Bed and breakfast homes, vacation homes and rooming houses. [Ord. No. 1393, 2-14-2022] | ||
B.
Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the lot area.
C.
Water Supply And Sewage System. Each lot within a "R-2" zoning district shall be served by a public water supply and a public sewer system.
1.
Each dwelling unit, whether detached or attached, shall be served by a separate water and sewer service.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article X of this Chapter.
E.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Units. All dwelling units shall be a minimum of one thousand (1,000) square feet of floor area.
1.
Exception. In "R-2" Districts that border or are immediately adjacent to an "R-lb" District, "R-lc" or "R-3" District, all dwelling units shall be a minimum of eight hundred (800) square feet of floor area.
Section 405.180 Zoning District "R-3" Multi-Family Residential.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 961 §4, 3-8-2010]
A.
Permitted Uses. All buildings and land within a "R-3" zoning district shall be limited to the following uses:
1.
All uses permitted within a "R-1a", "R-1b", "R-1c" or "R-2" District.
2.
Multi-family residential dwellings.
3.
Clubs, lodges and meeting places for other organizations.
4.
Rooming and boarding houses but not hotels and motels.
5.
Nursing homes and homes for the aged.
6.
Parking lots.
Uses Permitted Upon Review And Approval By The Planning and Zoning Commission. | |||
1. | Funeral home and mortuaries. | ||
2. | Home occupations. | ||
3. | Offices. | ||
Special Use Permit Required. | |||
1. | Communication tower. | ||
B.
Coverage. Main and accessory buildings shall not cover more than forty percent (40%) of the lot area.
C.
Water Supply And Sewer System. Each lot within a "R-3" zoning district shall be served by a public water supply and a public sewer system.
1.
Each detached or attached dwelling unit, including, but not limited to, duplexes, villas and town homes, shall be served by a separate water and sewer service. This requirement shall not apply to dwelling units in apartment buildings.
D.
Parking Regulations. Off-street parking space shall be provided in accordance with the requirements set forth in Article X of this Chapter.
E.
Dimensional Requirements. Minimum width, depth and minimum lot size shall be provided in accordance with the requirements set forth in Article VI of this Chapter.
F.
Units. All units on plats shall be a minimum of eight hundred fifty (850) square feet in area for apartments and one thousand (1,000) square feet for condominiums and town houses.
Section 405.190 Zoning District "C-1" General Commercial.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 1030 §1, 3-12-2012; Ord. No. 1051 §2, 3-11-2013; Ord. No. 1127 §1, 9-14-2015; Ord. No. 1286, 7-8-2019; Ord. No. 1428, 3-13-2023; Ord. No. 1486, 5-12-2025]
A.
Permitted Uses. All buildings and land within a "C-1" zoning district shall be limited to the following uses:
1.
All non-residential uses permitted in the "R-3" Multi-Family District.
2.
Ambulance service offices or garages.
3.
Amusement enterprises.
4.
Banks and savings and loan companies.
5.
Barbershops and beauty shops.
6.
Car wash establishments.
7.
Dance halls.
8.
Dental laboratories.
9.
Department stores.
10.
Drug stores.
11.
Feed and seed stores.
12.
Fuel outlets.
13.
Furniture repair and upholstery shops.
14.
Golf courses — miniature and practice range.
15.
Grocery stores and supermarkets.
16.
Guest house. A residential dwelling, either owner-occupied or non-owner occupied, that exists as of the effective date of this Section and which is used as temporary lodging for hire by travelers, tourists and other overnight guests. The length of stay shall not exceed ten (10) days in any thirty (30) day period. A guest house shall be considered a commercial activity and shall be subject to all ordinances and regulations governing commercial activity in the City.
Exception: A guest house that is located within fifty (50) feet, exclusive of public rights-of-way, of a residentially zoned property shall be subject to review and approval by the Planning and Zoning Commission.
17.
Heating, air conditioning and plumbing shops.
18.
Interior decorating and furniture sales.
19.
Ice plants.
20.
Laboratories.
21.
Laundry and dry cleaning establishments employing not more than five (5) persons.
22.
Liquor stores.
23.
(Reserved)
24.
Music, radio or television shops.
25.
Offices and clinics.
26.
Paint stores.
27.
Printing.
28.
Restaurants (other than drive-through).
29.
Retail and wholesale shops.
30.
(Reserved)
31.
Medical marijuana dispensary facility.
32.
Microbusiness dispensary facility.
Any other use which is determined by the Planning Commission to be of the same general character as the above mentioned. | ||
Uses Permitted Upon Review And Approval By The Planning And Zoning Commission. | ||
1. | Automobile sales. | |
2. | Boat sales. | |
3. | Cabinet shops. | |
4. | Farm implements sales and services. | |
5. | Funeral homes and mortuaries. | |
6. | Home occupations. | |
7. | Mobile homes sales. | |
8. | Nurseries and garden supplies. | |
9. | Residential uses. | |
10. | Restaurants (drive-through). | |
11. | Storage buildings. | |
Special Use Permit Required. | ||
1. | Bus terminals. | |
2. | Communication tower. | |
3. | Fireworks stands. | |
4. | Hospitals. | |
5. | Lumberyards. | |
6. | Motels and hotels. | |
7. | Payday and title loan businesses. | |
8. | Service stations or gas stations including repair garages. | |
9. | Theaters. | |
33.
Museums.
B.
Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the site.
C.
Water Supply And Sewage System. Each lot within a "C-1" zoning district shall be served by a public water supply and a public sewer system.
Section 405.200 Zoning District "C-2" Planned Shopping Center.
[Ord. No. 918 §2, 5-1-2008]
A.
Uses. All buildings and land within a "C-2" zoning district shall be limited to the following uses:
1.
All uses permitted within a "C-1" General Commercial District except that the following uses shall be prohibited:
a.
Ambulance service establishments.
b.
Automobile sales.
c.
Boat sales.
d.
Drive-in restaurants or theaters.
e.
Farm implements, sales and service.
f.
Golf courses, miniature and practice range.
g.
Hospitals.
h.
Ice plants.
i.
Lumberyards.
j.
Mobile home sales.
k.
Motels.
l.
Payday and title loan businesses.
m.
Residential uses.
Special Use Permit Required. | ||
|---|---|---|
1. | Communication tower. | |
B.
Coverage. Main and accessory buildings shall not cover more than thirty percent (30%) of the site.
C.
Water Supply And Sewage System. Each lot within a "C-2" zoning district shall be served by a public water supply and a public sewer system.
D.
Type Of Development. All buildings within a "C-2" zoning district shall be developed in a unified manner and shall consist of not less than five (5) shops or stores. The shops and stores of the center shall have a combined total gross floor area of not less than twenty thousand (20,000) square feet.
Section 405.210 Zoning District "C-3" Central Business District.
[Ord. No. 918 §2, 5-1-2008]
A.
Permitted Uses. All buildings and land within a "C-3" zoning district shall be limited to the following uses:
1.
All uses permitted within the "C-1" General Commercial District.
2.
Residential uses. Structures used for dwelling purposes shall be restricted to the upper stories of those buildings in which the ground floor is occupied or was designed to be occupied by one (1) or more of the permitted commercial uses.
Uses Permitted Upon Review And Approval By The Planning And Zoning Commission. | ||
1. | Ambulance service establishments. | |
2. | Automobile sales. | |
3. | Boat sales. | |
4. | Drive-through restaurant or theaters. | |
5. | Farm implements, sales and services. | |
6. | Golf courses, miniature and practice range. | |
7. | Hospitals. | |
8. | Ice plants. | |
9. | Lumberyards. | |
10. | Mobile home sales. | |
11. | Motels. | |
12. | Payday and title loan businesses. | |
Special Use Permit Required. | ||
1. | Communication tower. | |
B.
Water Supply And Sewage System. Each lot within a "C-3" zoning district shall be served by a public water supply and a public sewer system.
Section 405.220 Zoning District "I-I" Light Industrial.
[Ord. No. 918 §2, 5-1-2008]
A.
Permitted Uses. All buildings and land within an "I-1" zoning district shall be limited to the following uses:
1.
Accessory buildings customary, incidental and subordinate to the use of the main building.
2.
Bakeries.
3.
Book binderies.
4.
Bottling works.
5.
Building material sales and lumberyards.
6.
Electrical equipment assembly.
7.
Laboratories, experimental.
8.
Laundry and cleaning establishments.
9.
Leather goods fabrication.
10.
Storage buildings.
[Ord. No. 1235, 4-9-2018]
11.
Truck yards or terminals.
12.
Medical marijuana cultivation facility entirely within an enclosed building.
[Ord. No. 1286, 7-8-2019]
13.
Medical marijuana-infused products manufacturing facility.
[Ord. No. 1286, 7-8-2019]
14.
Medical marijuana testing facility.
[Ord. No. 1286, 7-8-2019]
15.
Microbusiness dispensary facility.
[Ord. No. 1428, 3-13-2023]
16.
Microbusiness wholesale facility.
[Ord. No. 1428, 3-13-2023]
17.
Marijuana testing facility.
[Ord. No. 1428, 3-13-2023]
Any other use which is determined by the Planning Commission to be of the same general character as the above permitted uses, but not including any use which is first permitted in the "I-2" District. | ||
Uses Permitted Upon Review And Approval By The Planning And Zoning Commission. | ||
1. | Electrical equipment manufacturing. | |
2. | Furniture manufacturing. | |
3. | Instrument and meter manufacturing. | |
4. | Jewelry and watch manufacturing. | |
5. | Optical goods manufacturing. | |
6. | Paper products manufacturing. | |
7. | Sporting goods manufacturing. | |
8. | Trailer or mobile home manufacturing. | |
Special Use Permit Required. | ||
1. | Communication tower. | |
2. | Correctional institution. | |
3. | Vehicle storage (any type vehicle) or impound yard, other than the sale of operable motor vehicle from, or on, the premises. | |
4. | Payday and title loan businesses. | |
B.
Coverage. Main and accessory buildings shall not cover more than seventy-five percent (75%) of the site.
C.
Type Of Development. All of the uses permitted under this Section shall have their primary operations conducted entirely within enclosed buildings and shall not emit any dust or smoke or noxious odor or fumes outside the building housing the operations or produce a noise level occurring on the adjacent street. Any article or material stored temporarily outside of an enclosed building as an incidental part of the primary operation shall be so screened by ornamental walls and fences or evergreen planting that it cannot be seen from adjoining public streets or adjacent lots when viewed by a person standing on the ground level.
D.
Water Supply And Sewage System. Each lot within an "I-1" zoning district shall be served by a public water supply and a public sewer system.
Section 405.230 Zoning District "I-2" Heavy Industrial.
[Ord. No. 918 §2, 5-1-2008]
A.
Permitted Uses. All buildings and land within an "I-2" zoning district shall be limited to the following uses:
1.
All uses permitted within an "I-1" Light Industrial District.
2.
Food products processing and packing.
3.
Railway freight yards.
4.
Sawmills.
5.
Storage of petroleum products for distribution in areas beyond the City.
Uses Permitted Upon Review And Approval By The Planning And Zoning Commission. | ||
1. | Asphalt mixing plants. | |
2. | Ready-mix concrete plants. | |
Special Use Permit Required. | ||
1. | Adult-oriented business, bookstore, video store or peep show. | |
2. | Any industry involved in the production, manufacture and/or storage of explosives or ammunitions. | |
3. | Any industry involved in the use of processing or disposal of and/or temporary storage of radioactive materials and other materials deemed as hazardous waste. | |
4. | Communication tower. | |
5. | Correctional institution. | |
6. | Fertilizer manufacturing. | |
7. | Meat packing and processing. | |
8. | Rendering. | |
9. | Salvage yards and/or junk yards. | |
10. | Vehicle storage (any type vehicle) or impound yard, other than the side of operable "motor vehicles" from, or on, the premises. | |
B.
Coverage. Main and accessory buildings shall not cover more than eighty percent (80%) of the site.
Section 405.240 Zoning District "M" Mobile Home District.
[Ord. No. 918 §2, 5-1-2008; Ord. No. 961 §5, 3-8-2010]
A.
Permitted Uses. All buildings and land within a "M" zoning district shall be limited to the following uses:
1.
Mobile/manufactured homes.
2.
Accessory buildings customarily incidental and subordinate to the use of mobile and manufactured homes.
3.
Buildings housing such facilities as laundromats, nurseries, etc. and only when such facilities are intended for the use of persons residing within the zoning district.
Uses Permitted Upon Review And Approval By The Planning And Zoning Commission. | ||
1. | Home occupations. | |
B.
Design Standards. The procedure for the rezoning of land to a "M" Mobile Home District shall be the same procedure as described in Article XII of this Chapter. Prior to the rezoning of land to a "M" Mobile Home District, the Planning Commission and the Board of Aldermen must find that a mobile home park plan has been prepared which meets the following design standards:
1.
A mobile home district shall be no less than three (3) acres in total area.
2.
Each mobile/manufactured home in a mobile home park district shall occupy a designated space having at least thirty-five hundred (3,500) square feet of lot area.
3.
Each mobile/manufactured home space shall have a width of at least forty (40) feet, exclusive of common driveways.
4.
Each mobile/manufactured home space shall abut a driveway within the park. Said driveways shall be graded and surfaced with a hard-surfaced material on a well-compacted subbase to a continuous width of twenty-five (25) feet, exclusive of required parking spaces.
5.
Two (2) off-driveway parking spaces with a hard-surfaced material on a well-compacted sub-base shall be provided for each mobile/manufactured home space. Required parking spaces may be included within the three thousand five hundred (3,500) square feet required for each mobile/manufactured home space.
6.
At least two hundred (200) square feet of recreation space for each mobile/manufactured home space shall be reserved within each mobile home park as common recreation space for the residents of the park. Such areas shall, along with driveways and walkways, be adequately lighted for safety.
7.
No mobile/manufactured homes or other structure within a mobile home park shall be closer to each other than twenty (20) feet, except that storage structures for the exclusive use of the mobile home may be closer to the using mobile home than twenty (20) feet.
8.
No mobile/manufactured home shall be located closer than thirty (30) feet to the exterior boundary of the park or to a bounding street right-of-way. Buildings used for laundry or recreation purposes shall be located no closer than forty (40) feet to the exterior boundary or the right-of-way of a bounding street.
9.
The mobile home park district and all occupied units located in it must be connected to the municipal water and sewerage systems.
10.
Plans clearly indicating the developer's intention to comply with the provisions of this Section shall be submitted to and approved by the Planning and Zoning Commission. Such plans must be drawn to a scale of not less than one (1) inch equals fifty (50) feet by a registered professional engineer, professional land use planner or registered land surveyor. Such plans must show the area to be used for the proposed mobile home park district; the ownership and use of neighboring properties; all proposed entrances, exits, driveways, walkways and off-street parking spaces; the location of mobile/manufactured home spaces, recreation areas and service buildings; and the proposed plan for water supply and sewage disposal. The Planning and Zoning Commission shall have the authority to impose such reasonable conditions and safeguards on the proposed development as it deems necessary for the protection of adjoining properties and the public interest.
11.
Buffer. A densely planted buffer strip, consisting of trees, shrubs and other plantings at least six (6) feet in height, shall be provided along all rear and side property lines of the park. A six (6) foot sightproof fence may be substituted for the densely planted buffer strip.
a.
Any expansion of mobile home parks in existence on June 13, 1977, shall comply with the provisions of this Section.
C.
Compliance. No mobile/manufactured home shall be placed in a new mobile home park until the streets and other physical improvements shown on the mobile home park plan have been installed. The owner of the mobile home park may submit a phased development and use plan for approval to the Board of Aldermen. The owner of the mobile home park may complete the construction of one (1) section of the mobile home park and place mobile homes in this completed section, provided that the construction is in accordance with the design standards and the approved phased development plan.
D.
Non-Conforming Mobile Home Parks.
1.
Upon and after the effective date of this Subsection (March 8, 2010), the number, size and location of mobile/manufactured homes in a legal non-conforming mobile home park shall not be enlarged, expanded or added to, except as hereinafter provided.
2.
Upon the effective date of this Subsection (March 8, 2010) and upon the request of the Administrative Officer, the owner(s) of each mobile home park in the City of New Haven shall be required to provide a plan layout of each existing mobile home park, said plan to include at a minimum the overall size and location of each mobile/manufactured home located in said park.
a.
Replacements allowed.
(1)
An existing mobile/manufactured home in a legal non-conforming mobile home park may be removed and replaced with a new mobile/manufactured home, provided that the replacement mobile/manufactured home is no larger in overall size than the existing mobile/manufactured home; and that the replacement mobile/manufactured home is placed no later than thirty (30) days following removal of the existing mobile/manufactured home.
(2)
No mobile/manufactured home shall be replaced in any legal non-conforming mobile home park unless the Administrative Officer has verified in writing the property owner's compliance with the provisions of this Section.
Section 405.250 "HF" Highway Frontages Overlay District.
[Ord. No. 918 §2, 5-1-2008]
A.
Purpose. The "HF" Highway Frontages Overlay District is established in recognition of the importance of the highway frontages to the City's image and development. Its purpose is to establish special design guidelines and standards to ensure high-quality and compatible development. The district encourages architectural design and more imaginative and innovative design of projects developed in a symbiotic relationship with the major transportation corridors.
Similar to a planned urban development district, this district promotes a more desirable community environment, while retaining control over the structures and site improvements. The "HF" Highway Frontages Overlay District serves to preserve existing natural features, scenic quality or existing open spaces and adapting the development to existing land features while achieving a greater flexibility in development of land. The district is an overlay district in relationship to existing underlying districts.
B.
Location. The "HF" Highway Frontages Overlay District shall be applied to only those designated areas as shown on the official Zoning District Map of the City of New Haven, Missouri.
C.
Permitted Uses. Only those uses listed as permitted uses for the underlying zoning district, as shown on the official Zoning District Map, shall be allowed as permitted uses.
D.
Special Uses. Only those uses listed as special uses for the underlying zoning district, as shown on the official Zoning District Map, shall be allowed as special uses in accordance with the procedure outlined under this Chapter.
E.
Prohibited Uses. Only those uses listed as permitted or special uses for the underlying zoning district, as shown on the official Zoning District Map, shall be allowed. Uses not specifically listed are prohibited.
F.
Regulations And Performance Standards.
1.
General standards. Approval of the preliminary and/or site development plan may provide for exceptions from bulk, area and setback requirements of the underlying zoning districts as may be necessary or desirable to achieve the objectives of the proposed development; provided however, such exceptions do not permit a use prohibited by this Section or the underlying zoning district, are consistent with the standards and criteria contained in this Section and, further, that no modification of the regulations contained herein would be allowed with the following results:
a.
Inadequate or unsafe access to the development;
b.
Traffic volumes exceeding the anticipated capacity of the proposed major street network in the vicinity;
c.
Undue burden on public parks, recreation areas, schools, fire and Police protection and other public facilities which serve or are proposed to serve the development;
d.
Development which will be incompatible with the purposes of this Chapter; and/or
e.
Detrimental environmental impact on the surrounding area, including aesthetics.
It shall be the responsibility of the applicant to clearly demonstrate that the above criteria are being met. The burden of proof shall rest with the developer and not Administrative Officer or the Planning and Zoning Commission. | |
These regulations apply to new construction and are applicable when a preliminary plat and/or site plan is required under the guidelines established in the City Code. |
2.
Designation of open space in residential developments — buffer yards — berms.
a.
For residential development, a minimum of fifteen percent (15%) of the total project area shall be dedicated as common open space. Pre-developed slopes of thirty percent (30%) or more shall be preserved as common open space, excluding areas used in conjunction with subdivision plan street layout and design. Floodplain or floodway areas shall be designated as common open space utilized for recreational or open space amenities. Impact on these areas is permissive upon application and preliminary and final plan approval for portions of residential lot development.
b.
Common open space in residential developments shall be used for the collective enjoyment of the occupants of the development or for the general public if so dedicated. Common open space shall be distributed equally throughout the development as practicable and be highly accessible to the dwelling units it is intended to serve and shall not be isolated to areas of unusable land.
c.
No area of interior project common open space in the residential development plan shall be less than ten (10) feet in width in its smallest dimension.
d.
The use, operation and maintenance of the residential common open space areas and common ground buildings shall be guaranteed through establishment of a trust indenture represented by an association of trustees.
e.
For residential properties fronting along Highway 100, there shall be a minimum berming and dense landscaping of ten (10) feet in height to mitigate the effects of noise on residential dwelling units.
3.
Perimeter buffer and landscaping — non-residential developments. Prior to the approval of a final site development plan for a non-residential development, the developer shall submit a landscaping plan which shall conform to the following:
a.
All yards and open spaces along exterior or interior streets shall be landscaped with trees and shrubs graded, sodded and irrigated. The Planning and Zoning Commission may recommend and the Board may require topographical relief (mounds and berms) via the site plan if deemed necessary and appropriate.
b.
Any part of the lot not used for buildings or other structures or parking, loading or access ways shall be landscaped with sod, ground cover, trees and shrubs.
c.
A minimum planting strip of fifteen (15) feet in width shall be provided and maintained within the required front yard. Trees shall be spaced no greater than thirty-five (35) feet on center across all front yards.
d.
A minimum planting strip of ten (10) feet in width shall be provided for a yard abutting Highway 100 which shall be landscaped with shrub, bush and hedge plantings and trees at not more than thirty-five (35) feet on center, a minimum of one (1) shrub, bush or hedge shall be provided for every ten (10) feet of lot perimeter or fraction thereof. Shrubs and bushes are not required to be planted ten (10) feet on center, but may be clustered to provide an enhanced landscaped appearance.
e.
Foundation planting shall be planted and maintained along publicly viewed exterior walls of all buildings at the ratio of one (1) plant material for every five (5) lineal feet of exterior wall. Said plant material may be clustered or otherwise arranged for optimum visual effect rather than being spaced evenly along the building perimeter.
f.
Along all rear and side property lines that abut a residential district or development, a twenty (20) foot landscaped buffer (transition yard) and sightproof fence or landscaped berm shall be provided and maintained.
(1)
The buffer shall contain evergreen plant material with a minimum height of six (6) feet planted on ten (10) foot centers and staggered.
(2)
All fences shall be solid vinyl ornamental iron or masonry material limited to a maximum height of six (6) feet and shall not extend beyond the front building line of the subject property. The fence may be located on the side and rear property lines, but if the fence is located on a utility easement and maintenance of utility lines are required in that area, then the property owner is responsible for replacement of the fence if removed.
g.
Green space adjacent to the frontage areas along Highway 100 shall provide a continuous row of five (5) gallon container shrubs or bushes planted at a ratio of ten (10) per forty (40) lineal feet of parking lot frontage.
h.
The minimum area to be devoted to green open space and landscaping shall be equal to a percentage of the gross area of the site as follows:
Gross Area | Green Space and Landscaping | |
|---|---|---|
1 to 3.999 acres | 25% | |
4 acres and larger | 20% |
i.
Each non-residential site, upon development, shall have installed an automatic, permanent irrigation system designed to cover all landscaped areas, if significant in size, and per site plan approval.
j.
Deciduous trees shall have a minimum caliper of two and one-half (2½) inches in the trunk measured one (1) foot above the ground. Evergreen trees shall be a minimum of six (6) feet in height at planting. Evergreen trees used for interior landscaping shall be a minimum of three (3) feet in height. Required landscape hedges and shrubs shall be planted at a minimum height of (18) inches.
4.
Lighting.
a.
All exterior lighting, building and parking lot lights and landscape lighting shall be directed away from adjacent highways, streets and properties so that no light is cast on adjoining properties or public roadways.
b.
No light standards utilized for the illumination of parking areas shall exceed twenty-five (25) feet in height. No other light standard shall exceed eighteen (18) feet in height.
c.
The pole, pole base and fixture housing shall be bronze or black.
d.
All lighting shall be low or high-pressure sodium and served with underground cables.
e.
All parking areas and walkways shall be illuminated so as to produce a minimum uniform illumination of two (2) foot-candles within said area but no more than five-tenths (0.5) foot-candles at the property line.
5.
Elevations required. Building elevations for each development shall be submitted to the Planning and Zoning Commission for review and to the Board of Aldermen for review and approval. These elevations shall show the materials and the respective colors to be used. The building elevations shall be drawn on a minimum size sheet of eleven (11) inches by seventeen (17) inches in dimension and be of reasonable quality. A file ready (approximately eight and one-half (8½) inches by eleven (11) inches size) copy of the rendering must be submitted to the City and kept for a permanent record.
6.
Architectural design standards.
a.
All sides of structures shall receive equal architectural treatment or be compatible with each other as determined by the Planning and Zoning Commission. Structures are strongly encouraged to have architectural features (i.e., reveals, dormers, soldier courses, cornices, etc.) to add architectural character to the structure. Landscaping or topographic relief can be used as screening in lieu of providing masonry as determined by the Planning and Zoning Commission.
b.
The use of decorative masonry, glass, textured/form lined tilt-up concrete panels or decorative architecturally enhanced metal wall panels are required for exterior facing materials for non-residential buildings. The use of decorative masonry and architectural vinyl siding is required for exterior facing materials for residential buildings. Non-decorative prefabricated metal and non-decorative cinder block building exteriors are prohibited. A total of thirty percent (30%) of a wall elevation can be an EIFS material or other material upon recommendation by the Planning and Zoning Commission and approval by the Board of Aldermen. Applicant shall provide an exhibit or samples of the proposed materials.
c.
The primary color on all buildings shall be earth tone color(s). Non-earth tone colors may be permitted as accent markings upon review and approval by the Planning and Zoning Commission.
d.
Roof coverings for pitched roofs shall be composed of one (1) of the following materials:
e.
All HVAC and mechanical equipment shall be screened from public view. Roof- and wall-mounted equipment and materials shall be screened and made a part of the architecture of the building and are to be painted to match the building or roof color.
f.
Gasoline canopies shall be architecturally compatible with the principal structure on the premises and shall not exceed a height of eighteen (18) feet.
g.
All retaining walls shall be architecturally compatible with the principal structure and be constructed of an architectural masonry material. Wood ties and cinder block materials are prohibited.
h.
All service doors and/or overhead doors shall have an exterior color which predominately matches the building color.
i.
Buildings are encouraged to utilize Leadership in Energy and Environmental Design (LEED) concepts and principles in their design and construction.
7.
Protective screening. All exterior waste containers, container racks, incinerators or other outside storage areas shall have a concrete floor and be screened from public view by an enclosure which shall be a minimum of six (6) feet in height. Screening shall be constructed of masonry materials similar to the building and be attached to the main building structure upon review and approval by the Planning and Zoning Commission. The container collection areas shall not be located in the front yard area.
8.
Signage. All signage shall be governed by the provisions of the City's Sign Code except for the following:
a.
Pole signs shall be prohibited in the "HF" District but a non-residential development may have, instead, one (1) freestanding monument sign per lot. Freestanding monument signs shall be limited to a maximum height of six (6) feet, fifty (50) square feet per facing and a total aggregate of one hundred (100) square feet. Notwithstanding the above, existing signage that complies in all aspects with the sign regulations of the underlying zoning district and that has not been abandoned shall be allowed to be reused by the development or redevelopment.
9.
Pedestrian access. All non-residential buildings shall provide a bicycle rack and have the site designed with pedestrian access with walk paths and a connection to adjacent public sidewalks. All residential developments shall be designed with pedestrian access to common ground and adjacent public sidewalks.
10.
Detention. Any above ground stormwater holding facilities shall be constructed as retention basins. Detention facilities shall be located underground.
11.
Underground services. All electric, telephone, voice-over-IP ("VoIP"), cable, IP-enabled video and other similar services in residential areas shall be located underground. In all non-residential areas, all utility service shall be located underground. Distribution service, if overhead, shall be along the rear property line(s) of the development.
12.
Density bonus.
a.
Residential. The Board of Aldermen may approve an increase in allowable density within an underlying zoning district up to ten percent (10%) of additional lots based upon net development area. The density bonus shall be calculated on the basis of the net development area, which excludes required right-of-way and required open space.
b.
If a density bonus is requested, the applicant shall document all site amenities, improvements and location of additional lots for the City's review and consideration.
13.
Non-residential waiver. The minimum site sizes and/or setback requirements of the underlying non-residential zoning district may be modified by the Board of Aldermen upon recommendation by the Planning arid Zoning Commission if a specific proposal has severe limitations regarding topography, tree cover, wetlands, floodplains, soil conditions, utility easements or unusual land shape or proportions for conventional development; or if it is determined that the layout proposed is desirable or necessary in relationship to the surrounding neighborhood; or if the Board of Aldermen determines such modification to be in the general public interest.
14.
Height exceptions. In any district, building(s) may be erected to a height not exceeding forty-five (45) feet upon recommendation by the Planning and Zoning Commission and approval by the Board of Aldermen, provided that such building(s) shall have yards which shall be increased one (1) foot on all sides for each additional foot that such building(s) exceed the specified height limit as established by the regulations of the district in which the building(s) are situated.
15.
Scope of review. The Planning and Zoning Commission shall consider, but not be limited to, the following factors in review of the site plan:
a.
Access to site.
b.
Drainage system of both roads and land development.
c.
Exterior colors and materials.
d.
Height, bulk and area of building.
e.
Plot plan including landscaping and screen planting, parking and loading areas.
f.
Recreational facilities and open space provisions.
g.
Relation to existing structures in the vicinity.
h.
Setback distances from all property lines.
i.
Sewage disposal system.
j.
Size and spacing of windows, doors and other openings.
k.
Size, type and location of signs.
l.
Size, type and location of towers, chimneys, roof structures, flagpoles, antennas, etc.
m.
Solid waste collection system.
n.
Type and pitch of roofs.
o.
Water distribution system.
16.
Design manual. The Administrative Officer is authorized to compile and keep on file a manual demonstrating the design requirements of the "HF" Highway Frontages Overlay District.
17.
Zoning District Map.
a.
Establishment. The locations and boundaries of the zoning districts established herein shall be and are shown on the Zoning District Map which is hereby incorporated into and made a part of this Title. The Zoning District Map, together with all officially authorized notations, references and other information shown thereon and all amendments thereto, shall be a part of this Title and shall have the same force and effect as if the Zoning District Map, together with all notations, references and other information shown thereon, were fully set forth and described herein.
b.
Maintenance. The Administrative Officer or his/her designee shall maintain the Zoning District Map and shall be responsible for making any officially approved changes thereto.
Section 405.260 "HP" Historic Preservation Overlay District. [1]
[Ord. No. 918 §2, 5-1-2008; Ord. No. 956 §2, 1-11-2010]
A.
Purpose. The purpose of the Historic Preservation Overlay District is to preserve historic buildings which contribute or will contribute to the heritage of the City or the State and to preserve existing neighborhood architecture by protecting the buildings and their surroundings from obviously incongruous development or uses of land.
B.
Certificate Of Demolition Or Removal. No person shall be permitted to remove or demolish any building in the Historic Preservation Overlay District without the issuance of a certificate of demolition or removal by the City of New Haven Board of Aldermen. The Board shall base its decision upon the review criteria set forth by the City; further, the Board of Aldermen shall process all requests for certificates of demolition and removal in accordance with the procedures set forth in the Code. This provision shall not apply to accessory buildings which have less than five hundred (500) square feet nor to properties less than fifty (50) years old, unless the Administrative Officer determines that the building may have historical significance and refers the question to the Board of Aldermen.
C.
Construction Permits. Every application for a building permit for construction of, additions to and major exterior alterations of any structure in the Historic Preservation Overlay District shall be submitted to the Planning and Zoning Commission for initiation of the review, approval and appeal process. The review criteria established by City of New Haven shall apply to the review of building permits under this Subsection.
D.
Certificate Of Demolition/Removal Review Criteria And Procedure.
1.
The applicant for a certificate of demolition or removal shall be required to present sufficient information for the Board of Aldermen to review the application. Required information may include a property description, photos and exhibits, architectural information, historical information and other information as may be available.
2.
The Administrative Officer shall review the application. If the structure is deemed to be of historic significance and/or architectural value, the Administrative Officer shall refer the application to the Board of Aldermen for consideration. If the structure is found to be of little or no historical significance and/or architectural value, the Administrative Officer may permit the structure to be demolished or removed.
3.
The application shall be considered according to the following guidelines:
a.
If the structure is deemed to have historic significance to the district, City, State or nation, such that its loss would be a great loss to the district, City, State or nation, then in order for demolition to be approved the structure must constitute a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including sale of the structure to any purchaser willing to preserve the structure.
b.
If the structure is deemed valuable for the period or type of architecture which it represents or is deemed to be valuable to the district as a whole, then at least one (1) of the following requirements must be met in order for demolition to be approved:
(1)
Retention of the structure constitutes a hazard to public safety, which hazard cannot be eliminated by economic means available to the owner, including the sale of the structure on its present site to any purchaser willing to preserve the structure.
(2)
Preservation of the structure is a deterrent to a major improvement program which will be of substantial benefit to the community.
(3)
Preservation of the structure would cause an undue and reasonable financial hardship to the owner, taking into account the financial resources available to the owner, including the sale of the structure to any purchaser willing to preserve the structure.
c.
If a structure is deemed to have little historical and/or architectural significance to the district, City, State or nation, then the demolition or removal may be approved.
d.
Emergency waiver. The requirement for a certificate of demolition may be waived if the structure is deemed to be an imminent danger to the public health, safety and welfare as determined in writing by the Building Inspector of the City of New Haven.
[1]
Editor's Note — Ord. no. 945 §§1 — 2, adopted June 8, 2009, enacted criteria for review and guidelines for "HP" historic preservation overlay district. A copy of these guidelines can be found on file in the city offices.