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West Haven City Zoning Code

A-2 ZONE

AGRICULTURAL

§ 157.255 PURPOSE AND INTENT.

   The purpose of the A-2 Zone is to designate farming areas where agricultural pursuits and the rural should be promoted and preserved.
(Prior Code, § 18.02) (Ord. 2-92, passed - -1992)

§ 157.256 AGRICULTURE PREFERRED USE.

   Agriculture is the preferred use in Agricultural Zone A-2. All agricultural operations shall be permitted at any time, including the operation of farm machinery, and no agricultural use shall be subject to restriction because it interferes with other uses permitted in the Zone.
(Prior Code, § 18.04) (Ord. 2-92, passed - -1992)

§ 157.257 PERMITTED USES.

   (A)   Accessory buildings or uses customarily incidental to any permitted or conditional use;
   (B)   Agriculture; agricultural experiment stations; apiaries; aviaries; and aquariums;
   (C)   Animals or fowl, as outlined in §§ 157.865 through 157.868;
   (D)   Cemeteries, child day care;
   (E)   Churches, synagogues, or similar building used for regular religious worship;
   (F)   Corrals, stable buildings, or loafing sheds for keeping animals or fowl, as outlined in §§ 157.865 through 157.868;
   (G)   Fruit or vegetable stands for produce grown on the premises only;
   (H)   Golf courses, except miniature golf courses;
   (I)   Greenhouses and nurseries, limited to sale of materials produced on the premises and with no retail shop operation;
   (J)   Home occupation (see §§ 157.880 through 157.883);
   (K)   Household pets;
   (L)   Parking lot accessories to uses allowed in this Zone;
   (M)   Private parks, playgrounds, or recreation areas, but not including privately-owned commercial amusement business;
   (N)   Private stables; horses for private use, as outlined in §§ 157.865 through 157.868;
   (O)   Public buildings; public parks; recreation grounds and associated buildings; public school; and private education institutions having a curriculum similar to that ordinarily given in public schools;
   (P)   Single-family dwellings;
   (Q)   Sugar beet loading or collection stations and dump sites;
   (R)   Temporary buildings for uses incidental to construction work (see § 157.263); and
   (S)   School bus parking
(Prior Code, § 18.06) (Ord. 2-92, passed - -1992; Ord. 04-2021, passed 2-3-2021)

§ 157.258 PERMITTED USES REQUIRING FIVE ACRE MINIMUM LOT AREA.

   (A)   Golf driving ranges;
   (B)   Grain storage elevators;
   (C)   Public stables;
   (D)   The use of farm equipment by a farm operation for off-farm contracting work to supplement farm income; and
   (E)   Farm animal raising, as outlined in §§ 157.865 through 157.868.
(Prior Code, § 18.08) (Ord. 2-92, passed - -1992; Ord. 04-2021, passed 2-3-2021)

§ 157.259 CONDITIONAL USES.

   The following uses shall be permitted only when authorized by a conditional use permit obtained provided in §§ 157.515 through 157.529:
   (A)   Airports, private and commercial;
   (B)   Animal hospitals or clinics, dog breeding, dog kennels, or dog training school, on a minimum of two acres and not exceeding ten dogs of more than ten weeks old, per acre, at any time; provided any building or enclosure for animals shall be located not less than 100 feet from any public street and not less than 50 feet from any side or rear property line;
   (C)   Commercial campgrounds and picnic areas meeting the requirements of the city;
   (D)   Gun clubs;
   (E)   Greenhouses and nurseries limited to the sale of plants, landscaping materials, fertilizer, pesticide and insecticide products, tools for garden and lawn care, and growing and sale of sod;
   (F)   Outdoor recreation club activities for horse riding, bow and arrow shooting, snowmobiling, and the like;
   (G)   Horse racing and training tracks, cutter racing tracks, including indoor concessions as an accessory use;
   (H)   Private parks, playgrounds, or recreation areas not open to the general public and to which no admission charge is made, but not including privately-owned commercial business;
   (I)   Private equestrian training and stable facilities on a minimum of five acres of land and at a density of not more than ten horses per acre;
   (J)   Public utility facilities, including, but not limited to, substations, culinary water treatment, and/or storage facilities developed by a public agency meeting the requirements of §§ 157.655 through 157.662 as well as the standards of the state. Wastewater treatment or disposal facilities are excluded;
   (K)   Radio or television stations or towers;
   (L)   Residential facilities for handicapped persons meeting the requirements of §§ 157.950 through 157.955;
   (M)   Rodeo grounds;
   (N)   Skeet shooting ranges;
   (O)   The slaughtering, dressing, and marketing on a commercial scale of chickens, turkeys, or other fowl, rabbits, fish, frogs, or beaver in conjunction with the hatching and raising of such animals on farms having a minimum area of five acres;
   (P)   The overnight parking of not more than one vehicle other than an automobile, light truck, or recreation vehicle, of not more than 24,000 pounds net weight, on property of not less than one acre in area and upon which the operator has his or her permanent residence; provided that the vehicle is parked at least 50 feet from a public street;
   (Q)   The storage and use of light construction equipment, such as a backhoe, front end loader, or up to a ten-wheel truck for off-premises contract work by the owner or resident of property of not less than five acres in area; and
   (R)   Turf horse-jumping courses.
(Prior Code, § 18.10) (Ord. 2-92, passed - -1992; Ord. 04-2021, passed 2-3-2021)

§ 157.260 SITE DEVELOPMENT STANDARDS.

Site Development
Permitted Conditional Uses
Permitted Uses Requiring Two and Five Acres Minimum
Site Development
Permitted Conditional Uses
Permitted Uses Requiring Two and Five Acres Minimum
Building height, single family dwelling
   Minimum
One story
One story
   Maximum
35 ft.
35 ft.
Building height, accessory
See West Haven Zoning Code § 157.605, Accessory Buildings
See West Haven Zoning Code § 157.605, Accessory Buildings
Minimum lot area
   Minimum lot width
150 ft.
300 ft.
   Other
2 acres
5 acres
   Single-family dwelling
40,000 sq. ft.
-
Minimum yard setbacks
   Front
Not less than 30 ft. back from the edge of the dedicated and/or projected road right-of-way where that right-of-way abuts the affected property
Not less than 30 ft. back from the edge of the dedicated and/or projected road right-of-way where that right-of-way abuts the affected property
   Rear
 
See West Haven Zoning Code § 157.605, Accessory Buildings
See West Haven Zoning Code § 157.605, Accessory Buildings
      Main building
30 ft.
30 ft.
   Side
 
See West Haven Zoning Code § 157.605, Accessory Buildings
See West Haven Zoning Code § 157.605, Accessory Buildings
      Dwelling
10 ft. with total width of 2 side yards not less than 24 ft.
      Other main building
20 ft. each side
   Side facing street
 
See West Haven Zoning Code § 157.605, Accessory Buildings
See West Haven Zoning Code § 157.605, Accessory Buildings
      Dwelling
20 ft.
20 ft.
 
(Prior Code, § 18.12) (Ord. 2-92, passed - -1992; Ord. 04-2021, passed 2-3-2021; Ord. 18-2022, passed 9-7-2022)

§ 157.261 SUBDIVIDING LOTS IN A PLATTED SUBDIVISION.

   In order to subdivide any existing lot in a platted subdivision in an A-2 Zone, the parcel to be subdivided must:
   (A)   Contain not less than 80,000 square feet before the proposed division; and
   (B)   The density cannot be increased beyond that of the then-existing zone.
(Prior Code, § 18.14) (Ord. 2-92, passed - -1992; Ord. 14-2015, passed 8-5-2015; Ord. 11-2021, passed 2-17-2021)

§ 157.262 PERMITTED SIGNS.

   See §§ 157.755 through 157.761.
(Prior Code, § 18.16) (Ord. 2-92, passed - -1992; Ord. 04-2021, passed 2-3-2021)

§ 157.263 REGULATIONS FOR TEMPORARY STORAGE UNITS, CONTAINERS, AND STRUCTURES.

   (A)   Temporary storage units, containers, or structures will not be allowed in this Zone except for temporary new construction sites with a valid current building permit issued by the city. Temporary storage units, containers, or structures must be removed within 30 days of completion or abandonment of construction or permit expiration, whichever comes first.
   (B)   Temporary storage units, containers, or structures may be used for moving and are allowed on a hard surface in a Residential Zone for up to 14 days for the outgoing resident and an additional 14 days for the incoming resident.
   (C)   Temporary storage units, containers, or structures may be used for remodeling projects in established neighborhoods for a period of up to 120 days if placed in the driveway of a residence and up to six months if placed behind a home, solid fence, outbuilding, or other obstruction as to obscure the view of the unit, container, or structure from the road. A valid current building permit is required. Permanent use of these temporary storage units, containers, or structures shall not be allowed in any Residential or Agricultural Zone on lots of less than one acre. One storage unit may be allowed per acre with a land use permit, which shall include a site plan and any required building permits. A temporary storage unit, container, or structure shall be placed on a hard surface such as gravel, road base, concrete, or asphalt. Note, the maximum number of temporary storage units, containers, or structures is one unit per two acres, then one per additional acre with a conditional use permit. The storage container must be placed behind a home, solid fence, outbuilding, or other obstruction as to obscure the view of the unit, container, or structure from the road.
   (D)   The city has no obligation or responsibility to research and enforce an applicant’s property’s existing private covenants, conditions, or restrictions prohibiting the use of temporary, or permanent use of storage units, containers, or structures. It is the exclusive responsibility of a property owner to research and have full knowledge and understanding of those private covenants, conditions, or restrictions that run with, and are attached to, his or her property. By submitting an application to the city for a permanent or temporary storage unit, container, or structure, the applicant is certifying that he or she has have full knowledge and understanding of those private covenants, conditions, or restrictions that run with his or her property and have a full understanding of whether those items prohibit the use of temporary or permanent storage units, containers, or structures.
   (E)   All tractor trailers on an agricultural, residential, or commercial parcel shall be licensed and registered with the state and must be actively used. Trailers not involved in a construction project that remain in a fixed location over 30 days shall be subject to fines, impoundment, and removal by the city.
(Prior Code, § 18.16.010) (Ord. 23-2020, passed 6-17-2020; Ord. 11-2021, passed 2-17-2021; Ord. 29-2021, passed 7-21-2021)

§ 157.264 ENFORCEMENT AND FINES.

   (A)   Enforcement and fines. Upon a determination that a violation exists, the Code Enforcement Officer, or his or her designee, will contact the owner and shall require such owner to halt, eradicate, destroy, remove, or otherwise cure the violation within 48 hours, or such later time as the Code Enforcement Officer, or his or her designee, may determine.
   (B)   Pre-existing conditions. In the instance of an existing storage unit, container, or structure that has been established for a permanent use, the owner shall have a pre-existing right, shall be a legally nonconforming use, and shall not be required to come into compliance with the new requirements adopted July 21, 2021. The following conditions do, however, apply to any such unit(s) as of the adoption of the original ordinance on April 10, 2020:
      (1)   Residential and Agriculture Zones. Temporary storage units, containers, or structures shall not be allowed in any Residential or Agricultural Zone on lots of less than one acre. The storage container must be placed behind a home, solid fence, outbuilding, or other obstruction as to obscure the view of the unit, container, or structure from the road.
      (2)   Commercial and Manufacturing Zones. A temporary storage unit, container, or structure shall not be allowed in any Commercial or Manufacturing Zone on lots of less than one acre. It must be placed on a hard surface such as gravel, road base, concrete, or asphalt, and made to look like the main structure on the property, including the use of similar building materials and colors.
   (C)   Temporary storage units. If the temporary storage unit, container, or structure is moved or otherwise modified, the property owner would have to comply to all requirements under the current ordinance.
(Prior Code, § 18.16010.0100) (Ord. 23-2020, passed 6-17-2020; Ord. 11-2021, passed 2-17-2021; Ord. 29-2021, passed 7-21-2021)