West Haven City Zoning Code
R-3 ZONE
§ 157.080 PURPOSE AND INTENT.
(A) (1) The purpose of the R-3 Zone is to provide residential areas that will accommodate the development of a variety of dwelling types, from single-family through multiple-family units, with their associated necessary public services and activities.
(2) It is also to provide an orderly transition from less intensive, lower-density uses to more intensive, higher-density uses.
(Prior Code, § 10.02.010)
(B) For the purpose of application of the requirements of the R-3 Zone, one acre is 43,560 square feet.
(Prior Code, § 10.02.060)
(Ord. 2-92, passed - -1992; Ord. 4-97, passed 9-3-1997; Ord. 38-2019, passed 11-20-2019)
§ 157.081 PERMITTED USES.
(A) Accessory buildings and uses customarily incidental to any permitted use;
(B) Agriculture;
(C) Churches, synagogues, or similar permanent buildings used for regular religious worship;
(D) Educational institution;
(E) Group dwellings with 24 or less dwelling units, in accordance with § 157.613;
(F) Home occupations, with no visiting clientele;
(G) Household pets;
(H) Libraries or museums, public or nonprofit;
(I) Multiple-family dwellings;
(J) Parking lot accessories to uses permitted in this zone;
(K) Public buildings, public parks, recreation grounds, and associated buildings.
(N) Single-family dwellings;
(O) Temporary buildings for uses incidental to construction work. Such building shall be removed upon the completion or abandonment of the construction work; and
(P) Twin homes.
(Prior Code, § 10.02.020) (Ord. 2-92, passed - -1992; Ord. 4-97, passed 9-3-1997; Ord. 38-2019, passed 11-20-2019)
§ 157.082 CONDITIONAL USES.
(A) Group dwellings with 25 or more dwelling units, in accordance with § 157.613;
(B) Home occupations with visiting clientele;
(C) Assisted living;
(D) Nursing homes;
(E) Private parks, playgrounds, or recreation areas, but not including privately-owned commercial amusement businesses; and
(F) Public utility substations.
(Prior Code, § 10.02.030) (Ord. 2-92, passed - -1992; Ord. 4-97, passed 9-3-1997; Ord. 38-2019, passed 11-20-2019)
§ 157.083 SITE DEVELOPMENT STANDARDS.
(A) Below are the standards for site development within the city.
Building Type
|
Minimum Lot Size | Minimum Lot Width | Minimum Front Setback | Minimum Side Setback | Minimum Rear Setback | Additional Setback Requirements | Maximum Height |
Accessory building | Must be behind the plane of the rear of the main building | 5 ft. | 5 ft. | May not be located closer than 10 ft. to an existing dwelling on an adjacent lot | |||
See West Haven Zoning Code § 157.605 for regulations on accessory structures. | |||||||
Multiple-family (over 2 units) less than 35.1 ft. in height (townhomes) | 20 ft. to garage; 15 ft. to dwelling. | 5 ft. | 15 ft. | No multiple-family (over 2 units) dwelling in this category may be built with a setback less than 30 ft. off of the property line to an existing A-1, A-2, R-1, or R-2 lot; or less than 20 ft. | 35 ft. to an existing R-2.5 or R-4 lot or to any existing Mixed Use lot with a single-family home | ||
Multiple-family (over 2 units) more than 35 ft. in height | No multiple-family (over 2 units) dwelling in this category may be built with a setback less than 50 ft. off of the property line to an existing A-1, A-2, R-1, or R-2 lot; or less than 30 ft. to an existing R-2.5 or R-4 lot or to any existing mixed use lot with a single-family home. No less than 25 ft. off of the property line where building is against a public road | 60 ft. for areas designated as 24 units per acre; 35 ft. for all areas less than 24 units per acre | |||||
Non-residential main building | 8,000 ft. | 60 ft. | 20 ft. | 8 ft. | 30 ft. | No non-residential main building over 35 ft. in height may be built with setbacks less than 40 ft. off of the property line to an existing A-1, A-2, R-1, or R-2 lot; or less than 25 ft. to an existing R-2.5 or R-4 lot or to any existing mixed use lot with a single-family home. | 45 ft. |
Single-family and twin home | 5,000 sq. ft. (single-family); 8,000 sq. ft. (twin home) | 60 sq. ft. 70 ft. to house | 20 ft. to garage; 15 ft. to house | 5 ft. | 15 ft. | 35 ft. | |
(B) Residential density for R-3 Zones shall comply with the density designations on the “General Plan Map”.
(Prior Code, § 10.02.040) (Ord. 2-92, passed - -1992; Ord. 4-97, passed 9-3-1997; Ord. 38-2019, passed 11-20-2019; Ord. 18-2022, passed 9-7-2022; Ord. 15-24, passed 5-15-2024)
§ 157.084 SIGN REGULATIONS.
§ 157.085 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.
(D) 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.
(E) 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 full knowledge and understanding of those private covenants, conditions, or restrictions that run with their property and have a full understanding of whether those items prohibit the use of temporary or permanent storage units, containers, or structures.
(F) 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, § 10.02.070) (Ord. 23-2020, passed 6-17-2020; Ord. 29-2021, passed 7-21-2021)
§ 157.086 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; and
(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, § 10.02.070.0100) (Ord. 23-2020, passed 6-17-2020; Ord. 29-2021, passed 7-21-2021)