LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on June 11, 2020 the Westport Planning and Zoning Commission took the following action: 

A copy of the Legal Notice of Decision is available on-line at www.westportct.gov, on the Planning and Zoning Department “Pending Applications and Recent Approvals” page. Due to the closing of Town Hall to the public during the COVID-19 emergency, and pursuant to the Governor’s Executive Order #7I, the Legal Notice of Decision cannot be viewed at the Westport Town Clerk’s Office or the Westport Planning and Zoning Office at this time.

Dated at Westport, Connecticut this 15^TH day of June, 2020 Danielle Dobin, Chairman, Planning and Zoning Commission

Text Amendment #776/#PZ-20-00191-060

Submitted: 3/12/20 Received: 3/19/20 Public Hearing: 6/11/20 Adopted: 6/11/20 Effective date: 7/9/20

Deleted language is [struck out and in brackets]; New language is underlined.

§24, GENERAL BUSINESS DISTRICT (GBD) Revised 07-26-17

The following additional uses are permitted subject to Special Permit and Site Plan approval in accordance with §43, herein.

24-2.2.1

Veterinary hospitals and animal clinics. There shall be no more than one outside exercise area for animal runs. The use of such area shall be limited to the period from 8:00 A.M. to 8:00 P.M.

24-2.2.2

Golf driving ranges, paddle tennis courts, tennis courts, bowling alleys, skating rinks and other indoor and outdoor commercial recreation and entertainment uses, except game rooms.

24-2.2.3

Commercial marinas, including accessory boat sales. No boat shall be occupied or used as a dwelling or dwelling unit.

24-2.2.4

Commercial Wireless telecommunication service facilities, in conformance with §32-16.

24-2.2.5

Private Occupational Schools.

24-2.2.6

Bank drive-in within 500 feet of another bank drive-in as permitted by §24-2.3.3.

24-2.2.7

Inclusionary two family and multi-family dwelling units subject to the provisions of §32-12, herein.

24-2.2.8

Retail boat sales including accessory boat repairs and storage in conformance with §32-22. 24-2.2.9

Automobile Dealership, New and Used as defined in Section 5-2 in operation as of July 9, 2020.

24-2.3 Accessory Uses

24-2.3.1

Use customarily accessory to a permitted principal use including the manufacturing, processing or assembly of goods which is incidental to the conduct of a retail business conducted on

the premises, subject to provisions of §32-7, herein.

24-2.3.2

Outdoor storage and display is permitted in accordance with §32-6, herein.

24-2.3.3

Bank drive-in; except that no lot shall be used for a bank drive-in, if such lot is located within a radius of 500 feet from any other lot used for a drive-in bank, provided that the Planning & Zoning Commission may permit, upon a Special Permit Approval in accordance with §43 of the regulations, and so long as the Commission shall find that such use shall maintain or improve the traffic level of service and safety conditions in and around the site. The application must be accompanied by a traffic report supplied by the applicant.

24-2.3.4

Wholesaling and warehousing.

24-2.3.5

Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas.

24-2.3.6

Games Rooms, subject to the following conditions:

1. That a Zoning Permit be obtained from the Zoning Enforcement Officer.
2. The number of coin operated amusement devices shall be limited to not more than 3 per lot.
3. The hours of operation of said game room shall not exceed those of the principle use, but in no case shall the hours of operation extend beyond 11:00 P.M. except in establishments with liquor licenses for on-premises consumption.

    

   24-2.3.7

   One attached dwelling unit.

    

   24-2.4 Prohibited Uses

   Except as provided in Section 24-2.2.9, herein, the following uses in addition to those listed in

   §32-7, herein, shall be prohibited: gasoline filling stations, automobile service establishments, motor vehicle repair garages, any lot, establishment, agency or dealer for new, rental or used

   motor vehicles, automobiles, motor cycles, trucks, mobile homes, trailers, campers, farm or other heavy equipment, hotels, motels, motor inns, and drive-in restaurants.

    

   • 24-3Lot Area (See Definitions)

     No minimum requirement, except that no lot shall have less than 50 feet of frontage on at least one street.

      

   • 24-4Setbacks (See §31-4 through §31-8, also.)

     No principal building, structure or use shall extend closer than thirty (30) feet from any front lot line or Residential District Boundary Line, fifteen (15) feet from any side lot line or twenty-five

     (25) feet from any rear lot line. No accessory building or structure shall extend closer than thirty

     (30) feet from any front lot line or Residential District Boundary, and fifteen (15) feet from the side and rear lot lines.

      

     24-4.1 Building Spacing

     Groups of buildings on a single lot shall be so arranged that the minimum horizontal distance between the nearest walls, or corners of any principal and/or accessory buildings shall not be less than one-half the sum of the heights of such adjacent buildings.

      

   • 24-5Height

     No building or other structure shall exceed two (2) stories and a height of either twenty-five (25) feet to the top of a flat roof or thirty (30) feet to the mid-point of a pitched roof.

      

   • 24-6Coverage (See Definitions)

     The building coverage shall not exceed twenty-five percent (25%) of the area of the lot which lies within a General Business District.

      

     24-6.1 Coverage Exemptions

      

     Coverage shall not include entry ways comprising less than a total of 200 SF; said exemption benefitting considerations of public access, safety and convenience.

      

   • 24-7Building Area

     No mandatory requirements.

      

   • 24-8Floor Area

      

     24-8.1 Maximum

     No one building shall exceed 10,000 square feet of gross interior floor area and no group of stores or shopping center shall exceed 50,000 square feet of gross interior floor area.

     
     24-8.2 FAR (see definitions)

     No buildings or structures shall exceed a Floor Area Ratio (FAR) of 0.25 on the area of

     the lot that lies within the General Business District (GBD) Zone. Floor area used for parking and loading spaces, internal vehicular drop off and internal display areas for up to a total of five (5) vehicles shall be excluded from the FAR.

      

     No buildings or structures in any Multiple Use Development, which contains two-family or multi- family dwellings, shall exceed an FAR as described in §32-12. In any Multiple Use Development containing two-family or multi-family dwellings, any incremental increase in floor area above the maximum allowable FAR for the non-residential uses shall be used for dwelling(s) units, only.

     No dwelling unit approved under these bonus provisions shall thereafter be changed to any non- residential use. Floor area used for parking and loading shall be excluded from the FAR.

      

   • 24-9Architectural Design

     The architectural design, scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roof-line, and building elevations shall be of such character as to harmonize and be compatible with the other buildings in the General Business Districts so as to preserve and improve the appearance and beauty of the

     community. New construction or reconstruction shall adhere to the design purpose of this district, in whole or in part.

1. Buildings designed to achieve a small scale and residential appearance shall be encouraged.
2. Pitched roofed buildings shall be encouraged.
3. Roof-top mechanical equipment, other than solar energy panels, shall be concealed from all sides.
4. Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible.

    

   • 24-10Signs

     Signs shall be permitted in accordance with §33 of the Supplementary Regulations.

      

   • 24-11Parking and Loading

     Off-street parking and loading shall be provided in accordance with §34 of the Supplementary Regulations.

      

   • 24-12Landscaping, Screening and Buffer Areas

Landscaping, screening and buffer areas shall be provided in accordance with §35 of the Supplementary Regulations.

Legal Notice of Decision