West Haven City Zoning Code
SUPPLEMENTARY AND
QUALIFYING REGULATIONS
§ 157.590 EFFECT OF SUBCHAPTER.
The regulations hereinafter set forth in this subchapter qualify or supplement, as the case may be, the zone regulations appearing elsewhere in this subchapter.
(Prior Code, § 42.02) (Ord. 2-92, passed - -1992)
§ 157.591 PUBLIC/PRIVATE ROAD STANDARDS.
The public/private road standards are outlined in the Public Works Standards, which are adopted here by reference.
(Prior Code, § 42.03) (Ord. 2-92, passed - -1992; Ord. 09-2021, passed 3-3-2021; Ord. 04-2024, passed 2-7-2024)
§ 157.592 LOTS IN SEPARATE OWNERSHIP.
The requirements of this subchapter as to minimum lot area or lot width shall not be construed to prevent the use for a single-family dwelling of any lot or parcel of land in the event that such lot or parcel of land is held in separate ownership at the time this subchapter becomes effective.
(Prior Code, § 42.04) (Ord. 2-92, passed - -1992)
§ 157.593 YARD SPACE FOR ONE BUILDING ONLY.
No required yard or other open space around an existing building, or which is hereafter provided around any building for the purpose of complying with the provisions of this subchapter, shall be considered as providing a yard or open space for any other building, nor shall any yard or other required open space on an adjoining lot be considered as providing a yard or open space on a lot whereon a building is to be erected or established.
(Prior Code, § 42.06) (Ord. 2-92, passed - -1992)
§ 157.594 EVERY DWELLING TO BE ON A LOT.
Every dwelling shall be located and maintained on a LOT, as defined in § 157.004; such lot shall have the required frontage on a public or approved private street or on a right-of-way which has been approved by the Board of Adjustment.
(Prior Code, § 42.08) (Ord. 2-92, passed - -1992)
§ 157.595 SEPARATELY-OWNED LOTS; REDUCED YARDS.
On any lot under a separate ownership from adjacent lots and on record at the time of passage of this subchapter, and such lot having a smaller width than required for the zone in which it is located, the width of each of the side yards for a dwelling may be reduced to a width which is not less than the same percentage of the width of the lot as the required side yard would be of the required lot width; provided that on interior lots, the smaller of the two yards shall be in no case less than five feet, or the larger less than eight feet; and for corner lots, the side yard on the side street shall be in no case less than ten feet, or the other side yard be less than five feet.
(Prior Code, § 42.10) (Ord. 2-92, passed - -1992)
§ 157.596 SALE OR LEASE OF REQUIRED SPACE.
No space is needed to meet the width, yard, area, coverage, parking, or other requirements of this subchapter before a lot or building may be sold or leased away from such lot or building.
(Prior Code, § 42.12) (Ord. 2-92, passed - -1992)
§ 157.597 CREATION OF LOTS BELOW MINIMUM SPACE REQUIREMENTS.
No parcel of land which has less than the minimum width and area requirements for the zone in which it is located may be created by dividing a larger parcel of land for the purpose, whether immediate or future, of building or development as a lot, except by permit of the Board of Adjustment.
(Prior Code, § 42.14) (Ord. 2-92, passed - -1992; Ord. 08-2007, passed 8-15-2007)
§ 157.598 PROVIDING FOR DISCRETIONARY DENSITY BONUSES.
(A) When a developer/owner donates real property, money, time, and/or materials to the city at the request of the city, as a part of a proposed development, the city may, upon recommendation of the Planning Commission, give discretionary density bonuses for these donations.
(B) Bonus density can only be considered by the following:
(1) Must be conducive to surrounding developments;
(2) Must benefit the city’s capital facilities plans in some manner requested by the city; and
(3) Must be able to demonstrate a benefit to the future maintenance of facilities.
(C) Negotiations to determine the value and type of the donation shall be conducted by a Committee composed of the following members: the Mayor, one Planning Commission member appointed by the Chairperson of the Planning Commission, and one City Council member appointed by the Mayor. The recommendation from the Committee shall then be submitted to the Planning Commission for their recommendation to, and approval by, the City Council.
(D) Nothing in the foregoing shall, in any manner, limit the city’s right to require an escrow payment, in a form acceptable to the city, as part of the agreement to guarantee completion of the donation and any required improvements thereto.
(Prior Code, § 42.15) (Ord. 2-92, passed - -1992; Ord. 08-2007, passed 8-15-2007)
§ 157.599 YARDS TO BE UNOBSTRUCTED; PROJECTIONS PERMITTED INTO REQUIRED YARDS.
Every part of a required yard shall be open to the sky, unobstructed except for accessory buildings in a rear yard, and excepting the following permitted projections.
(A) Belt courses, sills, and lintels may project 18 inches into required front, rear, and side yards.
(B) Cornices, eaves, and gutters may project three feet into a required front yard, five feet into a required rear yard, and two feet into a side yard.
(C) Outside stairways, fire escapes, flues, chimneys, and fireplace structures not wider than eight feet, measured along the wall of a building, may project not more than five feet into a required front yard, ten feet into a required rear yard, and three feet into a required side yard.
(D) Unwalled porches, terraces, and balconies may extend five feet into required front and rear yards.
(E) Building accessories and sunbreaks designed, and intended, to control light entering a building and being a permanent part of such building may project five feet into a required front yard, ten feet into a required rear yard, and three feet into a required side yard.
(F) Service station canopies may extend into the required front yard of a service station site to cover pump islands and the adjacent vehicle service areas; provided, such canopies are located not closer than five feet to the front property line.
(Prior Code, § 42.16) (Ord. 2-92, passed - -1992)
§ 157.600 WALL, FENCE, OR HEDGE MAY BE MAINTAINED.
(A) In a R Zone, a wall, fence, or hedge not exceeding 42 inches in height may be located, and maintained, on any part of a lot except on corner lots. On an interior lot, a wall, fence or hedge not more than six feet in height may be located anywhere on the lot to the rear of the rear line of the required front yard. On corner lots and reversed corner lots, a six-foot fence may be located anywhere on the lot except in those areas comprising the required front yard or the required side yard on the street side of such lots where the fence shall not exceed 42 inches in height.
(B) Notwithstanding the requirements of division (A) above, residential subdivisions and projects may be encompassed in whole or in part by a perimeter fence of not more than six feet in height subject to conditional use review; and provided that access to lots is allowed only from approved interior public or private streets that are a part of the approved subdivision or project, and a permanent means of landscaping and maintaining the parking strip between the fence and the street curb is provided.
(C) The provisions of this section shall not apply to fences required by state law to surround and enclose public utility subdivisions and public schools.
(D) Where a retaining wall protects a cut below the natural grade, and is located in the line separating lots, such retaining wall may be topped by a fence, wall, or hedge of the same height that would otherwise be permitted at the location if no retaining wall existed. Where a retaining wall contains a fill, the height of the retaining wall built to retain the fill shall be considered as contributing to the permissible height of a fence, solid wall, or hedge; provided that in any event, a protective fence or wall not more than 42 inches in height may be erected at the tip of the retaining wall.
(Prior Code, § 42.18) (Ord. 2-92, passed - -1992)
§ 157.601 AREA OF ACCESSORY STRUCTURES.
(A) An accessory structure is anything that is constructed or erected which requires location on the ground or attached to something having a location on the ground that is located on the same lot as a main building. No accessory structure, nor group of accessory structures, in any residential zone shall cover more than 25% of the rear yard or side yard. If accessory structures are being placed on the rear yard and side yard, then the percentage of allowable area cover is 40% of the combined area.
(B) Pools and sport courts are exempt from the area cover requirement and are limited to only being placed in the rear yard. Pools and sport courts are required to have a barrier surrounding it that is at least 48 inches in height and at least three feet from the edge of the pool or sport court.
(Prior Code, § 42.20) (Ord. 2-92, passed - -1992; Ord. 15-24, passed 5-15-2024)
§ 157.602 ADDITIONAL HEIGHT ALLOWED.
Public and semi-public utility buildings, when authorized in a zone, may be erected to a height not exceeding 75 feet if the building is set back from each otherwise-established building line at least one foot for each additional foot of building height above the normal height limit required for the zone in which the building is erected.
(Prior Code, § 42.22) (Ord. 2-92, passed - -1992)
§ 157.603 EXCEPTIONS TO HEIGHT LIMITATIONS.
Penthouse or roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the building, and fire or parapet walls, skylights, towers, steeples, flagpoles, chimneys, smokestacks, water tanks, wireless or television masts, theater lofts, silos, or similar structures, may be erected above the height limits herein prescribed, but no space above the height limit shall be allowed for the purpose of providing additional floorspace, and no heights are permitted above the maximum allowed under airport height regulations.
(Prior Code, § 42.24) (Ord. 2-92, passed - -1992)
§ 157.604 MINIMUM HEIGHT OF MAIN BUILDINGS.
No dwelling shall be erected to a height less than one story above the grade.
(Prior Code, § 42.26) (Ord. 2-92, passed - -1992)
§ 157.605 ADDITIONAL ACCESSORY STRUCTURE REQUIREMENTS.
(A) Accessory structures are a permitted use in all agricultural and residential zones, subject to the following height and setback limitations. An accessory structure is defined as a constructed or erected which requires location on the ground or attached to something having location on the ground located upon the same lot occupied by the main building. If there is a greater than five feet public utility easement in place, then letters from all utility companies are required upon submittal of a land use permit or building permit along with a request by the landowner to vacate a portion of the easement to accommodate a five feet setback. Otherwise, all other easements shall be complied with, meaning that no accessory structures shall encroach on those easements.
Lot size | 0-8,000 sq. ft. | 8,000-12,500 sq. ft. | 12,501-20,00 0 sq. ft. | 20,001-30,00 0 sq. ft. | 30,001+sq. ft. |
Max. height | 15 ft. | 20 ft. | 25 ft. | 30 ft. | 35 ft. |
Front setback | Accessory structures may observe the front setback of the property's zone unless they are being proposed on a comer lot. If an accessory structure is going to be built within the front plane, the structure must be compatible with the main dwelling ( colors, materials, roof pitch). A greenhouse is the only exception to this requirement. No accessory structure may sit directly in front of the main dwelling. | ||||
Side setback | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. |
Rear setback | 5 ft. | 5 ft. | 5 ft. | 5 ft. | 5 ft. |
(B) Regardless of the above setbacks, accessory structures located in the portion of the lot adjacent to the street shall be five feet from the property line if there is no access to street and ten feet if there is access to the street. Accessory structures are only permitted five feet behind the front plane of the house for corner lots.
(C) All accessory structures must keep the roofline within the property where it is built and must not overhang onto a neighboring property. The structure must be designed to drain onto the building lot and must not pour over to the neighboring property.
(Prior Code, § 42.28) (Ord. 2-92, passed - -1992; Ord. 18-2022, passed 9-7-2022; Ord. 15-24, passed 5-15-2024)
§ 157.606 CLEAR VIEW OF INTERSECTING STREETS.
In all zones which require a front yard, there shall be nothing to obstruct the view or create a hazard, with no reference to a restriction and the height of a fence or other object.
(Prior Code, § 42.30) (Ord. 2-92, passed - -1992; Ord. 12-95, passed 10-18-1995)
§ 157.607 ANIMALS AND FOWLS.
No animals or fowl shall be kept or maintained closer than 75 feet from any dwelling and adjacent lot. Any barn, stable, coop, pen, corral, or enclosure for the housing or keeping of animals or fowl shall be kept, constructed, or maintained not less than 100 feet from a public street and not less than 25 feet from any lot line. The keeping or maintaining of animals and fowl shall be permitted only in conjunction with the residential use of the lot for any lot less than 20,000 square feet.
(Prior Code, § 42.32) (Ord. 2-92, passed - -1992)
§ 157.608 WATER AND SEWAGE REQUIREMENTS.
(A) In all cases where a proposed building or proposed use will involve the use of sewage facilities and a public sewer is not available, and in all cases where a proposed supply of piped culinary water under pressure is not available, the sewage disposal and the domestic culinary water supply shall comply with requirements of the County Board of Health and/or the State Board of Health, and the application for a building or use permit shall be accompanied by a certificate of approval from said Board of Health.
(B) Building permits shall not be issued by the Building Inspector or City Official unless private water supply and private sewage disposal is approved in accordance with the above requirements.
(C) Where a public sewer is not available, each dwelling unit, or other permitted or conditional use requiring sanitary facilities, shall occupy a land area of not less than 20,000 square feet, except as otherwise allowed or required by the County Board of Health and or the State Board of Health.
(Prior Code, § 42.34) (Ord. 2-92, passed - -1992)
§ 157.609 EFFECT OF OFFICIAL MAP.
Wherever a front yard is required for a lot facing on a street for which an official map has been recorded in the Office of the City Recorder, the depth of such front yard shall be measured from the mapped street line provided by the official map. Permits for structures within the lines of a mapped street, as may be adopted as part of any official map, shall be assured only in accordance with ordinances of the city pertaining to the official map.
(Prior Code, § 42.36) (Ord. 2-92, passed - -1992)
§ 157.610 SIGNS AND LIGHTING.
(A) Location of signs. No part of any ground sign shall be permitted to extend across any property line or into any required front of side yard, except as herein specifically provided. Name plates, identification signs, service signs, and business signs may be located in a required front yard; provided such signs are located not closer than ten feet to such property line, except as herein specifically provided.
(B) Projection of signs. In any zone which requires a building setback from a property line, no sign shall project across such property line, or be attached to a building or other structure, in such a way as to project closer than ten feet to such property line, except as herein specifically provided. Projecting signs shall be not less than ten feet above the ground or sidewalk. No sign shall project nearer the curb line than two feet.
(C) Lights and lighted signs. No spotlight, floodlight, luminous tubes, or lighted sign shall be installed in any way which will permit the direct rays of such light to penetrate into any Residential Zone or onto any property used for residential purposes.
(D) Signs not to constitute traffic hazard. No light, sign, or other advertising structure, as regulated by this subchapter, shall be erected at the intersection of any street in such a manner as to obstruct free and clear vision; or at any location where, by reason of the position, shape, or color, it may interfere with, obstruct the view of, or be confused with any authorized traffic sign, signal, or device; or which makes use of the words, “STOP,” “LOOK,” “DANGER,” or any other word, phrase, symbol, or character in such a “LOOK” or “DANGER” manner as to interfere with, mislead, or confuse traffic.
(E) Height of sign.
(1) General. No sign shall be erected higher than the height of the main building to which it is attached. No ground sign shall be permitted with a maximum height above the street level immediately adjoining said sign, or more than 25 feet in a C-1 Zone and 50 feet in a C-2, M-1, and M-2 Zone.
(2) Exception allowed as a conditional use. A freeway-oriented, ground, on-premises business sign located within 660 feet of the centerline of an interstate freeway may have a maximum height of 65 feet; provided, further, that the height of a freeway-oriented, ground, on-premises business sign located within 1,500 feet from the center point of a freeway interchange, either along the freeway or fronting the approach highway, may be measured from the highest road level of the interchange.
(F) Signs on public property. No ground sign shall be erected on, nor project over, publicly-owned land, inside street right-of-way, or otherwise, except signs owned and erected by, or for, a public agency for the direction and/or safety of the public.
(G) Compliance. No sign erected before the adoption of this subchapter shall be moved to a new location on the lot or building, or enlarged or replaced, unless it complies with the provisions of this subchapter.
(H) Permits. No sign shall be erected, relocated, or enlarged until the plan for such sign has been approved and a permit issued by the Building Inspector in accordance with §§ 157.690 through 157.692, except that nameplates, property signs, service signs, and temporary signs conforming to the provisions of this subchapter may be erected without such approval or permit.
(Prior Code, § 42.38) (Ord. 2-92, passed - -1992)
§ 157.611 LOTS AND DWELLINGS ON PRIVATE RIGHTS-OF-WAY; SPECIAL PROVISIONS.
Except where the requirements of this section are reduced by permit of the Board of Adjustment, the minimum area for any lot fronting on a private right-of-way shall be one-half acre, and the minimum setback of the dwelling from the center of the right-of-way shall be 50 feet.
(Prior Code, § 42.40) (Ord. 2-92, passed - -1992)
§ 157.612 REQUIRED BUILDING SETBACK FROM DESIGNATED COLLECTOR OR ARTERIAL STREET.
Where a street is designated on the master street plan of the city as a collector or arterial (major) street, and where the existing street right-of-way requires widening to meet the right-of-way standards of such collector or arterial (major) street, the minimum front and side yard setbacks for all buildings shall be based upon the future designated right-of-way width as shown on the City Master Plan and shall be measured from the future lot line of the collector or arterial (major) street designated right-of-way instead of the existing lot line of the present street right-of-way.
(Prior Code, § 42.42) (Ord. 2-92, passed - -1992)
§ 157.613 GROUP DWELLING SPECIAL REGULATIONS.
(A) Yard regulations. Group dwellings shall be considered as one building for the purpose of front, side, and rear yard requirements, the entire group as a unit requiring one front, one rear, and two side yards as specified for dwelling structures. The minimum distance between structures shall be ten feet for single-story buildings, 15 feet for two-story buildings, and 20 feet for three, or more, story buildings.
(B) Group dwelling PRUD. A group dwelling complex must be developed as a PRUD if the area of the complex is equal to, or exceeds, the minimum number of units or area required for a PRUD for the zone in which the complex is located.
(Prior Code, § 42.44) (Ord. 2-92, passed - -1992)
§ 157.614 ZERO-SIDE YARDS.
One zero-side yard may be permitted when approved by the Planning Commission and City Council, and only if the following requirements are met:
(A) The remaining one-side yard is equal to the combined total of the required two-side yards of the zone in which it is located;
(B) No window or other similar opening shall be installed in the building or any accessory building along the side having a zero-side yard;
(C) No zero-side yard will be permitted on the lot side bordering on a non-residential zone, or on a residential lot not utilizing zero-side yard provisions; and
(D) Use of the zero-side yard is contingent upon development of, or commitment to development of, a zero-side yard on adjacent lot.
(Prior Code, § 42.46) (Ord. 2-92, passed - -1992)
§ 157.615 DISH ANTENNAS.
Dish antennas shall comply with the following regulations.
(A) All freestanding dish antennas shall have setbacks from property lines of at least five feet.
(B) In all zones, except in Commercial and Manufacturing Zones, dish antennas shall not be located within the minimum front yard setback of any lot, nor within the minimum side yard setback facing a street on a corner lot, nor, if to exceed one meter in diameter, on the roof of a residential structure, except that dish antennas may be approved in such locations by the Board of Adjustment upon a finding that a usable satellite signal cannot be obtained in an otherwise-approved location.
(C) A dish antenna, if to exceed the height limitation of the zone in which it is to be located, as permitted by § 157.603, or if more than 13 feet in diameter, shall be considered a conditional use.
(D) Not more than one dish antenna of six feet or more in diameter is allowed per residential lot.
(Prior Code, § 42.48) (Ord. 2-92, passed - -1992)
§ 157.616 TOWERS.
(A) Building permits are required for towers, including wind energy conservation systems (WECS) towers, and shall comply with the following regulations.
(1) A TOWER is a tall, rigid structure whose height is significantly greater than its base perimeter and the height of surrounding structures. It does not include single pole CB, amateur radio or land mobile radio antennas, or towers for the same if less than 75 feet in height.
(2) All wind energy conversion systems (WECS) towers shall have setbacks from property lines equal to, or greater than, the height of the proposed structure. The height measurement shall include the vertical propeller blade.
(3) No commercial tower installation shall exceed a height equal to the distance from the base of the structure to the nearest overhead power line which serves more than one dwelling, or place of business, less five feet.
(4) A tower, if to exceed the height limitation of the zone in which it is to be located as permitted by § 157.603, shall be considered a conditional use.
(5) In all zones, except in Commercial and Manufacturing Zones, towers shall not be located within the minimum front yard setback of any lot, nor within the minimum side yard setback facing a street on a corner lot, nor on the roof of a residential structure.
(6) Application for a permit shall include construction drawings showing method of installation and a site plan depicting structures on the property and on any affected adjacent property.
(B) For towers of 75 feet or greater in height, the application shall include the manufacturer’s construction specifications for city approval, except that for large commercial towers of 90 feet or greater in height, the application shall include a structural engineering certification by a registered structural engineer from the state.
(Prior Code, § 42.50) (Ord. 2-92, passed - -1992)
§ 157.617 FLAG LOTS.
Lots not having frontage on a street as required by this subchapter, but having access to such a street by means of rights-of-way or fee title access strips, may be approved as “special exceptions” by the Planning Commission in any zone; provided that:
(A) The Planning Commission determines that it is not feasible or desirable to extend a street to serve such lot or lots at that time;
(B) The right-of-way or access strip shall have a minimum width of 20 feet, a maximum width of 30 feet and a maximum grade of 15%;
(C) The area of the right-of-way or access strip shall not be included within the minimum lot area requirement;
(D) The lot shall meet all minimum yard and area requirements of the zone in which it is located, exclusive of the right-of-way or access strip;
(E) The depth of the front yard shall be the distance between the front line of the building and the property line or nearest line of the right-of-way or access strip which the building faces;
(F) The lot address shall be displayed in a prominently-visible location at the street entrance to the right-of-way or access strip;
(G) Each lot shall access a street by means of its own right-of-way or access strip. Successive stacking of lots on the same right-of-way or access strip is not permitted;
(H) No building, structure, or parking is allowed in the right-of-way or access strip which is to be used solely as access to the lot;
(I) The Planning Commission shall impose such other conditions to ensure safety, accessibility, privacy, and the like to maintain or improve the general welfare of the immediate area;
(J) No ROW or access strip shall exceed 500 feet in length;
(K) A maximum of two flag lot ROWs or access strips may be adjacent to each other;
(L) A turnout area shall be provided at the home location to allow firefighting equipment to turn around. This area must be a year-round surface capable of supporting fire equipment (a minimum 40-foot radius if circular);
(M) Bridges, including decking and culverts, must be capable of supporting a minimum 20 ton weight capacity;
(N) Road surfaces on private rights-of-way or private access ways shall be capable of supporting a 20 ton weight capacity with a surface approved by the City Engineer;
(O) A maximum distance of 500 feet access strip shall be permitted without a fire hydrant or other fire suppression method approved by the Fire District;
(P) The home location shall be shown on a plan submitted to the Fire District;
(Q) No flag lot shall be allowed which proposes to resubdivide or include within it (including the right-of-way or access strip) any portion of an existing lot in a recorded subdivision;
(R) The flag lot must meet the minimum lot width requirements for the zone in which the lot is located at the end of the access strip; and
(S) In calculating the minimum lot width of the flag lot to meet the requirements for the zone in which the lot is located at the end of the access strip, the ROW or access strip minimum width of 20 feet shall be included in the minimum (150 foot) frontage requirement of the host or front lot.
(Prior Code, § 42.56) (Ord. 2-92, passed - -1992; Ord. 4-93, passed 8-4-1993; Ord. 21-98, passed 8-5-1998; Ord. 08-2001, passed 8-1-2001)
§ 157.618 MAILBOX REGULATIONS.
(A) Any mailbox and supporting structure, where adjacent to a high-back curb, shall have the front face of the mailbox and supporting structure at the same plane as the back of the curb.
(B) Any mailbox and supporting structure, where adjacent to a rolled curb and gutter, shall have the front face of the mailbox set back one foot from the vertical plane of the back of the rolled curb.
(C) Any mailbox and supporting structure which is located where there is no curbing, shall be set back from the edge of the asphalt such that the vertical plane of the front surface of the mailbox is a minimum of two feet back from the edge of the asphalt.
(D) (1) No mailbox-supporting structure shall be larger than 24 inches by 24 inches, nor may the maximum height of such a structure exceed 56 inches.
(2) The base platform for a mailbox structure shall not be larger than 32 inches by 32 inches and the platform thickness of such a structure shall not be less than three and one-half inches thick.
(E) The top of the platform or base supporting the mailbox structure shall have a surface which is plumb with, and which matches in elevation and plane, the top surface of the adjacent curbing or, in the case of an installation where there is no curb, the surface shall match the top surface of the asphalt in elevation and plane.
(F) Any request to deviate from the stated mailbox structure requirements must be reviewed and approved by the City Planning Commission and City Council, and shall be approved as a conditional use only.
(G) All mailbox structures shall also meet the requirements of § 157.606.
(Prior Code, § 42.58) (Ord. 2-92, passed - -1992; Ord. 2-98, passed 3-4-1998)