LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on March 14, 2022, the Westport Planning and Zoning Commission took the following action:
 

Dated at Westport, Connecticut this 18^th day of March 2022 Danielle Dobin, Chairman, Planning and Zoning Commission

Submitted: 1/18/22 

Received: 1/20/22

Public Hearing: 3/14/22
Adopted: 3/14/22

Effective date: 4/1/22

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

Except as otherwise stated, or as the context may otherwise require, the following words, for the purpose of these regulations, shall be defined as follows:

Public Art:

Publicly accessible installations of original works of art displayed primarily for public viewing and appreciation located on public or private property. They are to be tangible, two- and three dimensional objects created by an artist through the application of artistry, technical skills, and imagination and may take a variety of forms such as sculpture, murals, photography, an artifact, or be a memorial, monument, or fountain. They may be composed of such media as stone, metal, glass, plastic, ceramic, paint, and may feature hard or soft landscaping components.

An §8-24 municipal improvement review by the Planning and Zoning Commission is required prior to any outside Public Art installation on Town-owned property.

Structure:

Anything constructed or erected which requires location on the ground and or/ attachment to or placement on something having a location on the ground. Except as otherwise indicated, "Structures" as used in these regulations shall be deemed to include buildings, parapets, turrets, ground-mounted and roof top mechanical units, swimming pools, tennis courts, towers, paddle or platform tennis courts, balconies, open entries, porches, decks, signs, permanent awnings, ground mounted antennas, ground mounted solar panels, satellite dishes, flagpoles and fences or walls more than eight (8) feet in height and a gas or liquid storage tank that is principally above ground. (See §32-7.4 for rooftop dishes)

Any structure, such as a deck or porch, attached to a building shall be deemed to be part of the building, except for a Non-Residential Balcony.(795, 07/01/2021; 800, 11/19/2021)

Ground-mounted mechanical units, such as air conditioning compressors, shall not be deemed structures for purposes of coverage, for permitted uses, (as distinct from special permit uses) in residence districts. Patios or terraces shall not be deemed structures for purposes of coverage but shall adhere to all required setbacks. If the patio/terrace is 3 feet or more above adjacent grade at any point, such as with a retaining wall, it will be included in total coverage. (See patio or terrace definition). Handicapped ramps, platform lifts necessary for ADA compliance and temporary signs as specified in §33-5 are not considered structures. Access stairs required by a public utility and no larger than 50 square feet are not considered structures. Bus Shelters are not considered structures for purposes of coverage and setbacks. A Non-Residential Balcony as defined in §5-2, shall not be considered a structure for purposes of Building Coverage. A Non-Residential Balcony as defined in §5-2 shall not be considered a structure when located in the Rear setback facing the Saugatuck River. For those properties that qualify for a Non-Residential Balcony, but have no Rear setback, a Non-Residential Balcony shall not be considered a structure when located in a Side setback facing the Saugatuck River. (795, 07/01/2021; 800, 11/19/2021)  Public Art shall not be deemed a structure for purposes of coverage but shall adhere to all required setbacks.

An arbor or pergola is considered a structure if it has any type of roof or covering or a deck or patio floor or is over 8 feet in height.

Submitted: 3/1/22

 Received: 3/14/22

                                                                                                        Public Hearing: 3/14/22

Adopted with modifications: 3/14/22

Effective date: 4/1/22

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

FROM §5-2, SPECIFIC TERMS

Food Establishment Retail: No Changes for Context Only

A retail food establishment shall mean any business where food or beverages are sold to the public for either on premises or off premises consumption; except that the sale of alcoholic beverages must be for off-premises consumption. A retail food establishment may have no more than 10 indoor patron seats. Such establishments shall not be considered Restaurants and no additional parking will be required provided that they have indoor seating for no more  than 10 patrons for outdoor seating – See §5-2 & §32-20 Outdoor Eating Areas.

Outdoor Eating Area:

[An outdoor area located on the same property as a Restaurant, Cafe, Tavern or Retail Food Establishment that allows for tables & chairs for outdoor table service or self-service dining subject   to a Zoning Permit renewed each year prior to May 1st and the requirements found in §32-20.]

An outdoor area serving as an Accessory Use to a Restaurant, Cafe, Tavern or Retail Food Establishment that allows for tables and chairs for outdoor table service or self-service dining,            See §32-20.

Restaurant: No Changes for Context Only

A place having an adequate kitchen and dining room, the primary business of which is the service of food or beverages to patrons seated at tables, counters or cafeteria style. A Restaurant is distinguished from a Retail Food Establishment if it has indoor seating for more than 10 patrons. A Restaurant may have a permit to allow the retail sales of alcoholic liquor to be consumed on the premises, as granted by the Department of Liquor Control (See Restaurant and Restaurant, Drive-in).

FROM §22, RESTRICTED RETAIL AND OFFICE DISTRICT (RORD)

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] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §23, RESTRICTED BUSINESS DISTRICT (RBD)

23-2.3 Accessory Uses

23-2.3.3

Outdoor Eating Areas for Restaurants and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §24, GENERAL BUSINESS DISTRICT (GBD)

24-2.3 Accessory Uses

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] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §24A, GENERAL BUSINESS DISTRICT/SAUGATUCK (GBD/S)                                                   

24A-2.2 Accessory Uses

Uses customarily accessory to be a permitted [principle] Principal use shall be permitted as specified in §24-2.3 (General Business District Accessory Uses).

FROM §25, HIGHWAY SERVICE DISTRICT (HSD)

25-2.3 Accessory Uses

25-2.3.5

[Outdoor Eating Areas for Restaurants and Retail Food Establishments subject to an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] Uses customarily accessory to a permitted Principal use shall be permitted as specified in §24-2.3 (General Business District Accessory Uses).

FROM §28, BUSINESS PRESERVATION DISTRICT (BPD)

28-2.3 Accessory Uses

28-2.3.4

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] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §29, BUSINESS CENTER DISTRICT (BCD)

29-2.3 Accessory Uses

29-2.3.5

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] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §29A, BUSINESS CENTER DISTRICT/HISTORIC (BCD/H)

29A-2.3 Accessory Uses

29A-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] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §29B, BUSINESS CENTER RETAIL RESIDENTIAL (BCRR)

29B-2.2 Accessory Uses

Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject  to the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §30, HISTORIC DESIGN DISTRICT (HDD)

30-2.4 Accessory Buildings, Structures and Uses

30-2.4.4

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] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1^st each year provided there are no changes, or a new Site Plan Waiver must be obtained.

FROM §32, SUPPLEMENTARY USE REGULATIONS

32-6 Outdoor Storage and Display                                                                                            

Outdoor storage and display is permitted as an accessory use to a permitted Principal Use in all Non-Residential Districts except RPOD, DDD, CPD, and HDD, subject to the following conditions: 

32-6.1

All outdoor storage and display areas shall: not be visible from any adjoining Residence District, not obstruct or impair vehicular or pedestrian traffic as evidenced by a site plan showing a minimum four-foot (4’) wide clear path that shall be maintained on the sidewalk consistent with the federal Americans with Disabilities Act [not reduce or an attractive manner, and cannot be located in the front landscape area. Tables and chairs associated with Outdoor Eating Areas shall not be considered as outdoor storage and display but shall be subject §5 and §32-20 Outdoor Eating Areas]. A Zoning Permit shall be obtained for this use. 

32-20 Special Requirements for Outdoor Eating Areas                                                               

Outdoor Eating Areas as defined in §5 shall be permitted in all Non Residential Zones, except RPOD, GBD/R, DDD and CPD on privately-owned property subject to the following requirements:

For use of Town-owned property including sidewalks, parking spaces, roads, or road right-of-way, or for Mobile Food Trucks, contact the Selectwoman’s Office for their approval process):

[32-20A CONTINUATION OF TEMPORARY OUTDOOR DINING, AND RETAIL OUTDOOR ACTIVITIES IN RESPONSE TO COVID-19                                                                              

Any restaurant operating with an approved temporary outdoor dining permit or retail establishment operating with an Outdoor Activities Approval issued pursuant to CT Governor Lamont’s Executive Order 7MM as of the effective date of this regulation or issued after the effective date but before the expiration of this regulation, may continue to operate and use the area approved and as shown in that permit, until further notice, or until Executive Order No.

7MM is repealed to contain the spread of COVID-19. The use shall at all times continue to be used in accordance with all Executive Orders currently in place or as revised in the future.

Notwithstanding anything to the contrary contained herein, any and all Outdoor Activities shall be in strict conformance with all federal, state, and local COVID-19 guidelines and requirements.

Such extension shall not be interpreted to create any nonconforming rights. It is further provided that the operation of the Temporary Outdoor Dining or retail Outdoor Activities Approval between any expiration of the State’s declared state of emergency and the expiration of this regulation shall not be deemed to be a waiver of any obligations by any applicant pursuant to any local, state or federal law.]

FROM §34, OFF STREET PARKING AND LOADING

 34-5 Parking Requirements Table                                                                                            

FROM §43, SPECIAL PERMIT AND/OR SITE PLAN REVIEW PROCEDURES

43-5.2 Site Plan Review and Hearings

Site Plan approval by the Planning & Zoning Commission shall be required for construction, addition or alteration of a non-residential building involving more than five hundred (500) square feet of building coverage or containing more than five hundred (500) sq. ft. of gross interior floor space, or any of the uses or activities listed below:

1. A Change of Use pursuant to §5-2.
2. Shoreline Flood and Erosion Control Structure as defined in CGS §22a-109 located within the Coastal Boundary as described in CGS §22a-94. (779, 03/04/2021; 800, 11/19/2021; 807, 01/07/2022)
3. Truck trailer storage for more than 7 days pursuant to §32-8.1.
4. Excavation and fill activities that are not exempt pursuant to §32-8.1.
5. Outdoor Special Events, pursuant to §32-23, that:
   1. Exceed ten (10) days in duration and are located in a non-residential district.
   2. Exceed two (2) days in duration and/or extend beyond 10:00pm on Fridays and Saturdays and are located in a residential district.
   3. Exceed seven (7) days in duration and/or extend beyond 10:00pm on Fridays and Saturdays and are located on a privately-owned property in a residential district containing a Special Permit Use.
6. Outdoor Eating Areas pursuant to §32-20.

The P&Z Commission, at its discretion, may hold a public hearing on an application for Site Plan or Coastal Site Plan review. (779, 03/04/2021; 800, 11/19/2021; 807, 01/07/2022)

The P&Z Director may waive P&Z Commission review of small-scale projects, except those located in the Village District Overlay (VDO) Zone/Westport Center that are not recommended for approval by the Joint Committee of the Historic District Commission and the Architectural Review Board. Small-scale projects include:(779, 03/04/2021; 800, 11/19/2021; 807, 01/07/2022)

1. Minor Site Plan modifications such as parking lot alterations or expansions, landscape modifications and utility modifications;
2. Exterior façade changes to commercial buildings;
3. Small building additions with fewer than five hundred (500) sq. ft. of building coverage or containing fewer than five hundred (500) sq. ft. of gross interior floor space.
4. Exterior staircases mandated by the Connecticut State Fire Safety Code.(779, 03/04/2021; 800, 11/19/2021; 807, 01/07/2022)
5. Handicap ramp and elevators mandated by the Building Official for public safety.

Legal Notice of Decision

Notice of Hearing