West Haven City Zoning Code
R-2 ZONE
RESIDENTIAL LOW-MODERATE DENSITY
§ 157.120 PURPOSE AND INTENT.
(A) To provide for areas in appropriate locations where quiet, moderate density residential neighborhoods may be established and protected.
(B) The regulations of this Zone are designed to promote compatible land uses consistent with a suburban environment enjoyed by residents within the Zone.
(C) With proper controls that ensure the integrity of the Zone, alternate forms of residential living are provided for by allowing flexibility in housing type, preference, and costs.
(Prior Code, § 10.06.010) (Ord. 2-92, passed - -1992; Ord. 36-2019, passed 11-6-2019; Ord. 10-2020, passed 5-6-2020)
§ 157.121 PERMITTED USES.
(A) Accessory uses and buildings;
(B) Agriculture;
(C) Dwellings, single-family;
(E) Home occupations, except preschools and day care; and
(F) Pets; the keeping of household pets.
(Prior Code, § 10.06.020) (Ord. 2-92, passed - -1992; Ord. 36-2019, passed 11-6-2019; Ord. 10-2020, passed 5-6-2020)
§ 157.122 CONDITIONAL USES.
(A) Church (temporary churches held in open areas, tents, or in temporary structures excluded);
(B) Day care centers and preschools within residences only, and on minimum one-half acre lot;
(C) Golf courses, public or privately owned, whether or not operated as a business;
(D) Planned unit developments (PUDs).
(E) Public buildings, and private and public utility buildings and uses.
(F) Public parks and/or playgrounds; also, privately-owned playgrounds and recreational grounds or parks not operated as a business, in whole or in part, to which no admission charge is made; and
(G) Schools, public or privately owned.
(Prior Code, § 10.06.030) (Ord. 2-92, passed - -1992; Ord. 36-2019, passed 11-6-2019; Ord. 10-2020, passed 5-6-2020)
§ 157.123 BUILDING LOT REQUIREMENTS.
(A) Density. There shall be no more than two residential units per acre contained within the boundaries of each phase of every subdivision or planned unit development; except when previously completed phases of the same development have sufficiently low density so that the average is still two residential units per acre or less.
(B) Lot area. There shall be a minimum of 12,500 square feet in each lot. When a variety of lot sizes are used, the larger will be placed against existing lots.
(C) Lot width. All lots are to average 90 feet, with no less than 80 feet.
(D) Buffer. All lots contiguous to an A-1, A-2, or R-1 Zone are to be a minimum of 17,000 square feet.
(Prior Code, § 10.06.040) (Ord. 2-92, passed - -1992; Ord. 36-2019, passed 11-6-2019; Ord. 10-2020, passed 5-6-2020; Ord. 05-2022, passed 3- -2022)
§ 157.124 LOCATION OF STRUCTURES.
(A) Dwellings.
(1) Front setback. Twenty-five feet from property line to garage, 20 feet for the home;
(2) Side setback. Eight feet minimum on each side, except 20 feet minimum for side fronting on a street. Variance can be given for odd-shaped lots by the Planning Commission; and
(3) Rear setback. Rear lot line must average 22 feet.
(B) Non-residential main buildings (lots that do not have a residential unit).
(1) Front setback. Twenty feet from property lines;
(2) Side setback. Ten feet minimum on each side, except 15 feet minimum for side fronting on a street; and
(3) Rear setback. Twenty-two feet.
(Prior Code, § 10.06.050) (Ord. 2-92, passed - -1992; Ord. 36-2019, passed 11-6-2019; Ord. 10-2020, passed 5-6-2020; Ord. 18-2022, passed 9-7-2022; Ord. 15-24, passed 5-15-2024)
§ 157.125 MAXIMUM STRUCTURE HEIGHT.
(A) Dwelling or other main building. Thirty-five feet; and
(Prior Code, § 10.06.060) (Ord. 2-92, passed - -1992; Ord. 36-2019, passed 11-6-2019; Ord. 10-2020, passed 5-6-2020; Ord. 18-2022, passed 9-7-2022; Ord. 15-24, passed 5-15-2024)
§ 157.126 OFF-STREET PARKING.
§ 157.127 PERMITTED SIGNS.
§ 157.128 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, outbuildings, 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, their property.
(F) By submitting an application to the city for a permanent or temporary storage unit, container, or structure, the applicant is certifying that they have 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.
(G) 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, § 10.06.090) (Ord. 23-2020, passed 6-17-2020; Ord. 29-2021, passed 7-21-2021)
§ 157.129 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 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, outbuildings, 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, § 10.06.090.0100) (Ord. 23-2020, passed 6-17-2020; Ord. 29-2021, passed 7-21-2021)