West Haven City Zoning Code

   It is the purpose and intent of this subchapter to allow persons residing in dwellings in residential and agricultural areas to provide a service, develop a product for sale and operate certain kinds of small businesses, while at the same time maintaining the peace, quiet, and domestic tranquility within all residential or agricultural areas of the city.

(Prior Code, § 64.02) (Ord. 2-92, passed - -1992, Ord. 16-2022, passed 8-17-2022; Ord. 12-2026, passed 7-1-2026)

   (A)   The provisions of this subchapter shall apply to any business that wishes to operate from a residential dwelling unit or from an approved accessory structure of a residential dwelling unit, unless the specific commercial activity is exempt from requiring a business license per local or state law.

   (B)   Home occupations shall be allowed as a permitted use in all residential and agricultural zones and for all primary dwelling units, provided that all of the provisions and conditions of this subchapter are met.

   (C)   A home occupation may be permitted in an accessory dwelling unit in accordance with the provisions and restrictions of the accessory dwelling unit subchapter of this chapter.

   (D)   Agriculture in a permitted zone does not require a home occupation business license in accordance with the regulations of the respective zone.

   (E)   Garage sales and yard sales do not constitute a commercial retail business and do not require a home occupation business license when conducted in accordance with the other applicable provisions of the municipal code.

(Prior Code, § 64.04) (Ord. 2-92, passed - -1992; Ord. 45-2020, passed 11-18-2020; Ord. 16-2022, passed 8-17-2022; Ord. 12-2026, passed 7-1-2026) Penalty, see § 157.999

   All home occupations shall meet the following conditions and requirements:

   (A)   The residence shall retain the general character and appearance of a residential dwelling.

   (B)   The portion of the dwelling used in conjunction with the home occupation shall remain secondary in size and intensity to the residential use of the dwelling.

   (C)   The business shall not operate between the hours of 10:00 p.m. and 7:00 a.m.

   (D)   Regardless of the business, any homeowner seeking a license for a second home occupation shall be required to obtain approval from the Planning Commission.

      (1)   All utility vehicles, specialized work vehicles, and marked business vehicles and trailers associated with the home occupation must be parked in a garage or on a non-permeable surface, behind the front plane of the home, and not on the street or anywhere on the property between the front plane of the home and the street.

      (2)   No more than two business-related visitors’ vehicles shall be permitted at the property at a time. Visitor vehicles shall not park on the street but may park in the driveway, garage, or on a non-permeable surface located behind the front plane of the home. On-site home occupation parking shall not be permitted directly in front of the home, except in an existing driveway. Visitor parking shall apply to customers, clients, employees, and other business-related visitors who do not live at the residence.

      (3)   Parking for preschools and day cares residential:

         (a)   Preschools and day cares shall provide a parking plan as part of each application.

         (c)   On-street parking shall comply with Title VII, Chapter 71 Parking Regulations, and any other applicable regulation adopted by the city or state.

         (d)   Employee parking and other additional parking shall comply with the provisions of home occupations within this chapter.

   (F)   Any signs related to the home occupation shall comply with the West Haven City sign ordinance.

   (G)   The individuals who own and operate the business must also live at the residence.

   (H)   No more than one employee who does not live at the residence may report to the residence at a time for regular business operations.

   (I)   The business does not use for business operations any accessory building, garage, yard, or open space outside of the primary residence unless permitted in accordance with § 157.884 of this subchapter. This provision is not intended to prohibit the passive storage of goods, materials, tools, and equipment in a garage or fully enclosed accessory structure; nor is it intended to prohibit business-related parking that is otherwise compliant with the provisions of the code.

   (J)   An attached garage may be used in conjunction with a home occupation, so long as the minimum required parking for the home and any accessory dwelling unit, if applicable, can still be met.

   (K)   The use, production, or storage of hazardous substances or materials is not permitted.

   (L)   Outdoor storage of merchandise or materials is not permitted.

   (M)   The business and its operations do not violate any other provision of the West Haven municipal code.

(Prior Code, § 64.06) (Ord. 2-92, passed - -1992; Ord. 45-2020, passed 11-18-2020; Ord. 16-2022, passed 8-17-2022; Ord. 12-2026, passed 7-1-2026)

   (A)   The business types and commercial activities listed below shall not be permitted as a home occupation. For the purposes of this code, equipment shall be defined as any material contrivance that can be worn, maneuvered, emplaced, or operated for a specific purpose or to complete a particular task (e.g ., construction tools and machinery, occupational tools and machinery, personal protective devices, appliances, sport or recreational tools and devices, temporary or portable waste management and sanitation implementations).

      (1)   Automotive repair and service.

      (2)   Automotive sales.

      (3)   Pet boarding and kennels, except as permitted in the A-1 and A-2 Zones.

      (4)   Vehicle, trailer, RV, watercraft, or equipment rentals.

      (5)   Truck hauling.

      (6)   Industrial assembly.

      (7)   Distribution or wholesale.

      (8)   Event centers.

      (9)   Retail sales, except as an accessory use to a permitted home occupation or if otherwise permitted in the zone.

      (10)   Self-storage facilities and open storage.

      (11)   Any use that is permitted or conditional exclusively in one or in any combination of the following zones, unless otherwise permitted in this subchapter:

         (a)   C-2.

         (b)   C-3.

         (c)   M-1.

         (d)   M-2.

   (B)   Home day cares shall comply with the additional provisions and restrictions of the day care residential subchapter of the zoning regulations. As they apply to home day cares, if a provision of the day care residential subchapter conflicts with any provision of this subchapter, the standards of the day care residential subchapter shall supersede the standards of this subchapter.

   (C)   Home preschools shall comply with the additional provisions and restrictions of the preschool residential subchapter of the zoning regulations. As they apply to home preschools, if a provision of the preschool residential subchapter conflicts with any provision of this subchapter, the standards of the preschool residential subchapter shall supersede the standards of this subchapter.

(Ord. 12-2026, passed 7-1-2026)

   An exception may be granted for one of the following uses upon the request of a conditional use permit and by the approval of the Planning Commission:

   (A)   The use of any space outside of the primary residential building in conjunction with the home occupation; in which case, a home occupation shall utilize no more than 25% of the total property area.

   (B)   In a residential zone, the retail sales of goods that are grown or crafted on the property.

(Ord. 12-2026, passed 7-1-2026)

(Prior Code, § 64.08) (Ord. 2-92, passed - -1992; Ord. 45-2020, passed 11-18-2020; Ord. 16-2022, passed 8-17-2022; Ord. 12-2026, passed 7-1-2026)