LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on March 25, 2021 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 26^th day of March 2021 Danielle Dobin, Chairman, Planning and   
Zoning Commission.

Submitted: 3/12/21

Received: 3/18/21

Public Hearing Held: 3/25/21

Adopted: 3/25/21

Effective date: 4/1/21

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

FROM §32, SUPPLEMENTARY USE REGULATIONS

In order to prevent the potential transmission of COVID-19 at fitness studios, gyms and sports centers (“Fitness Businesses”), located in the Town of Westport that are not otherwise eligible for authorization to operate outdoors pursuant to Governor Lamont’s Executive Order #7MM, this Section shall supersede any conflicting provision of the Westport Zoning Regulations for the duration of this Section.

This Section shall remain in effect until [March 31, 2021] December 31, 2021, or until otherwise modified or rescinded by the Planning and Zoning Commission, or if Fitness Businesses are closed by the Governor or his designee to contain the spread of COVID-19.

Any Fitness Business seeking to conduct operations outdoors (Outside Studio Operations) pursuant to this section, must comply with the following requirements:

Each Fitness Business may operate a single Outdoor Studio Operation only; and

32-28.3.2

The Outdoor Studio Operation shall be located in the onsite private parking lot or other onsite, private outdoor location, as approved in writing by the property owner before the commencement of operations; and

32-28.3.3

Clear and obvious visual barriers shall be erected to demarcate the Outdoor Studio Operation area within any parking area.

32.-28.3.4

Prior to occupancy, each outdoor fitness site shall be inspected and must be approved by the Municipal Designee as the Authority Having Jurisdiction (AHJ) or their designee to demonstrate compliance to all sector rules for COVID-19 compliance; and

32-28.3.5

The hours of operation are from 5am – 8pm daily.

32-28.3.6

Sound Mitigation. Headphones shall be used by participants during all times by those Fitness Businesses providing Cardio Dance, Cycling, or Zumba classes in an Outside Studio.

32-28.4

Any Outdoor Studio Operation must comply with all legal and safety requirements applicable to tents over a certain size or utilizing electricity as set forth in the State of CT Building and Fire Codes.

32-28.5 Minimum Parking Lifted to Facilitate Outdoor Studio Operation.

Any Zoning Regulation requiring a minimum number of parking spaces or prohibiting Outdoor Studio Operation from taking place in parking lots serving the Fitness Businesses is suspended to the extent required to permit such Outdoor Studio Operation alone or in conjunction with any other authorized activity, including any activity required to enable the response to the COVID-19  pandemic.

32-28.6 Setbacks

The Outdoor Studio Operation may be located within the side or rear setback.

32-28.7 Application/Self-Certification Process

Fitness Businesses shall self-certify that the Outdoor Studio Operation meets all of the requirements set forth in Section 32-28.3 above by completing [the form attached here as] Exhibit A and submitting it to the Planning and Zoning Department following endorsement by the Fire Marshal or his designee following his/her inspection. Any Zoning Regulation relating to applications for Outdoor Studio Operation is suspended to the extent that it requires any of the following documents: plans stamped by a licensed engineer, landscape architect, or architect; site survey; parking plan; traffic study or plan; sign plan; soil erosion and sediment control plan; photometric lighting plan; or stormwater management plan; provided that the applicant has submitted, with their self-certification form, at a minimum, a drawing or illustration, roughly to scale or dimensioned and depicting with reasonable accuracy the outdoor area that is proposed to be used along with evidence of the property owner’s written permission for such use, and evidence that the Fitness Business has obtained their COVID-19 self-certification from the Department of Economic and Community Development (DECD).

A copy of the referenced form “Exhibit A” can be found in the Town Clerks Office and Planning and Zoning Office. A digital copy may be accessed on the Town Website or by calling the Planning and Zoning Office.

32-28-.8 Approval and Conditions

Notwithstanding any contrary Zoning Regulation, any Outdoor Studio Operation pursuant to this regulation is subject to review by the Director of the Planning & Zoning Commission, in the event that there are environmental or stormwater issues arising from the Outdoor Studio Operation.

32-28.9 Sidewalks, Non-Vehicular Rights of Way and Municipal Roadways

No Outdoor Studio Operation may occur on any public sidewalk, public non-vehicular right of way or municipal or state roadway.

32-28.10 No Nonconformity Rights Bestowed

Any Zoning Regulation that would provide nonconforming use or structure rights to any Outdoor Studio Operation or structure permitted pursuant to this Section is suspended.

Legal Notice of Decision