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Planning & Zoning Commission - REVISED

  • Date: 09/12/2022 7:00 PM  
  • Location: Electronically

LEGAL NOTICE OF HEARING

Notice is hereby given that the Westport Planning and Zoning Commission will hold a Remote Public Hearing on Monday, September 12, 2022, at 7:00 P.M.

SPECIAL NOTICE ABOUT PROCEDURES FOR THIS ELECTRONIC MEETING:
Pursuant to Pursuant to “Public Act 22-3,” there will be no physical location for this meeting. This meeting will be held electronically and live streamed on www.westportct.gov. This meeting will also be shown on Optimum Government Access Channel 79 and Frontier Channel 6020. Public comments may be received PRIOR to the meeting and should be sent to PandZ@westportct.gov by 12:00pm the day of the meeting. Any  meeting materials submitted are available at www.westportct.gov, on the Planning and Zoning Department web page under “P&Z Pending Applications & Recent Approvals”.


1. 45 Jesup Road: Special Permit/ Site Plan Appl. #PZ-22-00557, submitted by Elaine Daignault, Human Services Director, on behalf of the Town of Westport, for interior and exterior renovations to the Gillespie Center, owned by the Town of Westport and located in the BCD-VDO district, PID#C09154000.

2. Text Amendment #819: Appl. #PZ-22-00387 Submitted by Attorney Eric Bernheim to modify the Westport Zoning Regulations to create a new zoning district, Sec. 24C, General Business District/Saugatuck Marina (GBD/SM), and associated zoning standards for properties that comply with the location criteria requiring property shall be within three-hundred feet (300’) northerly of the Saugatuck Train Station and South of Interstate 95. Three (3) new definitions will be added to Sec. 5-2, including:  Conference and/or Seminar Facilities, Hotel, and Water Dependent Uses. New language is also proposed in Sec. 33-8, to add permanent wall sign standards applicable to properties in the GBD/SM consistent with what is permitted for properties zoned GBD. New language is also proposed in Sec. 35-2.2.1 providing relief to front landscape standards, to identify the same standards currently applicable to properties in the General Business District/Saugatuck (GBD/S) will be applicable to properties in the GBD/SM.  A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office.


3. Map Amendment #820: Appl. #PZ-22-00391 Submitted by Attorney Eric Bernheim to modify the Westport Zoning Map to rezone eleven (11) properties from General Business District (GBD) to proposed General Business District/Saugatuck Marina (GBD/SM), contingent upon approval of Text Amendment #819, including: 2 Railroad Pl., Parcel ID #C05003000, owned by Railroad Pl. of Westport LLC; 16 Railroad Pl., Parcel ID #B05100000 owned by Hanes Realty Corp.; 36 Railroad Pl., Parcel ID #B05099000 owned by Tiger Wynn LLC; 40 Railroad Pl., Parcel ID #B05098000 owned by Hanes Realty Corp.; 601 Riverside Ave., Parcel ID #C06002000 owned by Robert Sloat; 606 Riverside Ave., Parcel ID #B05101000 owned by Hanes Realty Corp.; 609 Riverside Ave., Parcel ID #C05001000 owned by TGN Properties, LLC.; 611 Riverside Ave., Parcel ID# C05002000 owned by Giuseppe A. Boccanfuso, III; 91 Franklin St.,  Parcel ID  B05097000 owned by Hanes Realty Corp. ; 96 Franklin St., Parcel ID #B05096000 owned by Hanes Realty Corp; and 21 Charles St, Parcel ID #B05102000 owned by Robert Sloat.  A copy of the proposed map amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office.


Dated at Westport, Connecticut on the 2nd day of September and the 9th day of September 2022, Danielle Dobin, Chairman, P&Z Commission.

Eric D. Bernheim, FLB Law 9.1.22
Revised September 1, 2022 (Full Context)
June 28, 2022
June 2, 2022

Proposed Text Amendment

Note: Proposed new language is shown in black and is underlined.

5-2 Specific Terms

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:

Conference and/or Seminar Facilities:  Facilities operated for purpose of providing conferencing, seminar, training, recreational and meeting facilities, with or without meals.  

Hotel: A building, or portion thereof, containing rooms occupied by transients who are lodged with or without meals, and in which there are certain public rooms and halls for the use of all guests, and in which are provided such services as are incidental to the use thereof as a temporary residence.

Water Dependent Uses:  those uses and facilities which require direct access to, or location in, marine or tidal waters and which therefore cannot be located inland, including but not limited to: marinas, recreational and commercial fishing and boating facilities, finfish and shellfish processing plants, waterfront dock and port facilities, shipyards and boat building facilities, water-based recreational uses, navigation aides, basins and channels, industrial uses dependent upon water-borne transportation or requiring large volumes of cooling or process water which cannot reasonably be located or operated at an inland site and uses which provide general public access to marine or tidal waters.  

§24C GENERAL BUSINESS DISTRICT/SAUGATUCK MARINA (GBD/SM)

Contents:
• 24C-1 Purpose
• 24C-2 Permitted Uses
• 24C-3 Lot Area
• 24C-4 Setbacks
• 24C-5 Height
• 24C-6 Coverage
• 24C-7 Building Spacing
• 24C-8 Floor Area
• 24C-9 Residential Density
• 24C-10 Public Waterfront access (PWA)
• 24C-11 Architectural Design
• 24C-12 Signs
• 24C-13 Parking and Loading
• 24C-14 Landscaping, Screening and Buffer Areas
• 24C-15 Utilities
• 24C-16 Change of Use
• 24C-17 Integrated Site Development
• 24C-18 Affordability Requirement and Plan
• 24C-19 CAP
24C-1 Purpose
The purpose of the General Business District / Saugatuck Marina (GBD/SM) is to encourage a mix of residential development  commercial, office, hotel and retail resulting in sites developed to enhance and conserve the area’s aesthetic appeal, pedestrian access, and recreational water-related uses and views consistent with the Town Plan of Conservation and Development. The GBD/SM is a non-residential zoning district.  Parcels shall be eligible for district designation if they are located within three hundred feet northerly of the Saugatuck Train Station and south of Interstate 95.  
24C-2 Permitted Uses
All new developments in the GBD/SM shall require Special Permit and Site Plan review by the Planning and Zoning Commission. A Traffic Analysis in accordance with §44-2.5 shall be required in all instances, even if not required by §44-2.5. All rezoning applications shall also be in accordance with §42. In the GBD/SM, no land, building or structure shall be used, and no building shall be hereafter erected, altered or added to, unless otherwise provided in these regulations as a Multiple Use Development, including residential use as in 24C-2.1, and a minimum of one (1) or more of the following non-residential uses:
24C-2.1 Special Permit Uses
24C-2.1.1
Two-family and multi-family dwellings as part of a Multiple Use Development, subject to conditions specified herein. Affordable units are required as part of residential development as specified in §24C-18.  Any residential use within an Integrated Site shall satisfy this requirement.  
24C-2.1.2
The following non-residential uses are permitted however the Planning and Zoning Commission can prohibit certain of these uses on the street level (See §24C-2.3 for Prohibited Uses in the GBD/SM):
a. Stores and shops where goods are sold and services are rendered primarily at retail.
b. Retail Food Establishments.
c. Restaurants.
d. Cafes and taverns.
e. Business, professional, medical, insurance, real estate, and other offices.
f. Banks.
g. Indoor theaters and assembly halls.
h. Water Dependent Uses and commercial marinas including accessory boat sales. 
i. Commercial wireless telecommunication service facilities, in conformance with §32-16.
j. Hotels, Conference and/or Seminar Facilities.  
k. Concealed parking structures.  
l. Private clubs.  
24C-2.2 Accessory Uses
Uses customarily accessory to be a permitted principle use shall be permitted as follows: 
24C-2.2.1
All uses specified in §24-2.3 (General Business District Accessory Uses).
24C-2.2.2
Related facilities for any principal permitted uses which may include, but are not limited to:
a. Self-service of foods already prepared or prepared and cooked quickly to be consumed on the premises, but shall not be a fast food restaurant;
b. The retail sales of alcohol to be consumed on the premises, as allowed by a Restaurant Permit granted by the Department of Liquor Control;
c. Seasonal outdoor seating;
d. A patron bar;
e. Commercial or private marinas; 
f. Courtyards;
g. Outdoor Eating Areas; and
h. Outdoor Special Events.     

24C-2.3 Prohibited Uses
24C-2.3.1
Any use which is toxic, noxious, offensive, or objectionable by reason of the emission of smoke, dust, gas, odor, or other form of air pollution; or by reason of the deposit, discharge, or dispersal of liquid, solid or toxic waste, in any form, in a manner or amount so as to cause damage to the soil or any stream or to adversely affect the surrounding area; or by reasons of the creation of any periodic and/or abnormal noise, vibration, electro-magnetic or other disturbance perceptible beyond the boundaries of the lot on which it is situated; or by reason of illumination by artificial light or light reflected beyond the limits of the lot on, or from which, such light or light reflection, emanates; or which involves any dangerous fire, explosive, radioactive or other hazard, or which can cause injury, annoyance, or disturbance to any of the surrounding properties, or to their owners and occupants.
24C-2.3.2
Tourist cabins, trailers, or mobile home camps or parks or any use of trailers, mobile homes, campers, or boats for human habitation, except as provided in §16, herein.
24C-2.3.3
The use of any building, structure or land for the purpose of gambling houses; gambling with tables, slot machines, video machines or other devices whether mechanical or electronic; gambling at cards, dice or pool; casino gambling; lottery and numbers games, except as authorized by the State of Connecticut or any other State; Tele track betting; off-track betting; race track betting (dog, horse, auto or other); Jai alai frontons; or other similar games of chance, betting activities and/or gambling uses; provided that nothing herein shall prohibit activities such as bingo, bazaars, raffles or charitable "casino nights" by not-for-profit and tax exempt organizations.
24C-2.3.4
Satellite dishes and/or dish type antennas shall be prohibited on or attached to the exterior of any building or structure except for disc type antennas less than two feet in diameter.
24C-2.3.5
The use of any multiple family dwelling unit for any Home Occupation, Level 1, or Home Occupation, Level 2 shall be prohibited.
 
24C-3 Lot Area (See Definitions)
There is no minimum lot area required.
24C-4 Setbacks (See §31-3 through §31-8, also.)
To encourage pedestrian oriented frontages, maintain the existing street walls, allow for the ability to create welcoming, lively, walkable, sustainable, and vibrant places where people want to live, work, visit, and explore, and to provide the design flexibility to allow for accessible outdoor areas for all uses within the zone, the Planning and Zoning Commission may allow a minimum setback from zero (0) to ten (10) feet for all buildings.  All other structures shall be exempt from the setback requirements. 
24C-5 Height
No building or other structure shall exceed three (3)  stories and a height of either forty-five (45)  feet to the top of a flat roof or fifty (50)  feet to the mid-point of a pitched roof. However, the Planning and Zoning Commission may allow the height of sixty (60) feet to the mid-point of a pitched roof on sites located within the 100-year floodplain that require the building to be elevated, and/or where the site is sloped.    
24C-6 Coverage (See Definitions)
24C-6.1 Building Coverage
The building coverage shall not exceed fifty percent (50%) of the area of the lot which lies within the General Business District/Saugatuck Marina.  Underground parking beneath a courtyard shall be excluded from Building Coverage.
24C-6.2 Coverage Exemptions
The Planning and Zoning Commission may exempt up to an additional amount of coverage associated with open porches, decks, or balconies on residential Buildings and other similar open structural projections from building coverage; provided that such open structural projection will benefit public access, safety or convenience or will further the intent to preserve and/or enhance the appearance of the area, and at the discretion of the Commission at the time of Special Permit approval on sites that include at least 20% affordable housing or provide at least 20% affordable housing on site or off site and approved by the Commission.  The coverage exemptions shall not exceed five (5.0) percent of the site or Integrated Site if applicable.  
24C-7 Building Spacing
The minimum space between buildings shall be ten feet (10’) and the average shall be not less than fifteen feet (15’)..
24C-8 Floor Area
24C-8.1 Maximum
a. No one building shall exceed 60,000 square feet of gross interior floor area . Concealed parking shall not count towards gross interior floor area.

24C-8.2 FAR (see definitions)
The total floor area of all proposed uses shall not exceed a Floor Area Ratio (FAR) of 2.0 provided the total of all non-residential floor area shall be a minimum of twenty-five (25%) percent of the total FAR and the total for residential floor area shall be a minimum of twenty-five (25%) percent of the total FAR. Floor area used for parking and loading spaces shall be excluded from the FAR. Floor area used for affordable housing units shall be exempt from the FAR calculation not to exceed an additional 0.2 FAR.  After applying all incentives and/or bonuses available, the site, or the Integrated Site if applicable, FAR shall not exceed 3.0.  
24C-8.3 Residential Unit Sizes
The average gross interior floor area per dwelling unit shall not exceed 2,750 square feet.
24C-9 Residential Density
24C-9.1 Density
The maximum allowable density for market rate units shall not exceed 35 bedrooms, per gross acre of the integrated site. An additional maximum density of 6 bedrooms per gross acre is permitted for affordable units that are exempt from this calculation. The maximum number of units per acre of the integrated site shall not exceed 20 inclusive of affordable units.
24C-10 Public Waterfront access (PWA)
See Definitions and §31-10.7.4 herein
24C-11 Architectural Design
a. The architectural design including, among other elements, the exterior building material, color, roof-line, and building elevations shall serve to preserve and improve the appearance and beauty of the community. New construction or reconstruction shall adhere to the design purposes of this district, in whole or in part.  
b. Newly proposed roof-top mechanical equipment, other than solar energy panels, shall be concealed from all sides.
c. Where applicable and desirous, developments shall be designed to encourage the preservation of architectural features of historic buildings or other structures in the district. Historic buildings and structures are defined here as those registered in either the Connecticut or U.S. Registers of Historic structures or the Westport Historic Resources Inventory listed or deemed eligible for listing on the National Register of Historic Places, State Register of Historic Places, or Westport Historic Resources Inventory.
d. Non-residential principal uses shall have at least one main entrance which is publicly accessible from the street.
24C-12 Signs
Signs shall be permitted in accordance with §33 of the Supplementary Regulations.
24C-13 Parking and Loading
Due to the proximity to the rail system, marina, and existing public and on-street parking, Parking and Loading shall be provided by proposed on site private lots that provide a minimum number of parking spaces as set forth below:
Multi-family dwelling units, studio, efficiency, or 1 bedroom unit 1 bedroom unit
2 or more bedroom unit

1.00 spaces per unit.
1.25 spaces per unit.

All non-residential uses within the GBD/SM 1 space for each 1,300 square feet of gross floor area.

The Planning and Zoning Commission may permit 50% joint parking, as defined in §34-8, for mixed retail, restaurant, hotel, residential, office use developments and all other permitted uses  where peak hours and usage do not conflict. The Joint Parking approved on an integrated site may be applied to any building located on the integrated site.    

For properties located in the GBD/SM zone and where required parking is to be satisfied through means other than traditional “self-park” spaces and/or through a reduction of spaces, or automation of parking, the Planning and Zoning Commission may, by Special Permit, approve a Parking Management Plan (PMP) detailing all such onsite parking strategies, technologies and/or demand management strategies.   
The final Parking Management  Plan shall be included with the Special Permit application for review by the Planning and Zoning Commission and shall be filed on the Westport Land Records prior to the issuance of a Zoning Permit.

24C-14 Landscaping, Screening and Buffer Areas
Where possible based upon the approved setbacks, landscaping, screening and buffer areas shall be provided in accordance with §35 of the Supplementary Regulations, unless deemed unnecessary by the Planning and Zoning Commission. Sidewalks shall be provided in accordance with §35-2.2.4, unless deemed unnecessary by the Planning and Zoning Commission.
24C-15 Utilities
24C-15.1
All utilities and conduits within the site for the Multiple Use Development, shall be underground.
24C-15.2
No Zoning Certificate of Compliance shall be issued for any dwelling or dwelling unit unless and until such dwelling or unit has been connected to a public water supply, suitable power supply and a public sanitary sewer line.
24C-15.3
All storm drainage facilities and public sanitary sewers shall be designed and constructed in accordance with Town Standards, subject to the reasonable approval of the Town Engineer.
24C-16 Change of Use
No dwelling unit approved under these provisions shall thereafter be changed to any non-residential use, unless it is converted to an office or hotel use.
24C-17 Integrated Site Development
Notwithstanding anything to the contrary herein, one or more sites may be proposed as an integrated site development provided said sites are wholly within the GBD/SM zone and must be made up of contiguous or separated only by a public right-of-way with existing frontage on said public right of way or merged with another lot within the Integrated Site. The applicant shall submit a phasing plan as part of the integrated site application demonstrating coordinated construction of all sites for review and approval by the Planning and Zoning Commission. Integrated GBD/SM site developments are allowed the following additional special standards:
a. The maximum combined allowable floor area for all sites may be redistributed over all sites.
b. The minimum overall required off-street parking for all sites may be satisfied by the combined parking on all sites, and a PMP.
c. The maximum combined allowable coverage for all sites may be redistributed over all sites. 
d. Cross easements shall be established between integrated properties where necessary.
24C-18 Affordability Requirement and Plan
In conjunction with residential units proposed as part of a GBD/SM development, 20% of all proposed units shall be required to be affordable in accordance with CT General Statutes §8-30g and §19-19 of the Westport Zoning Regulations. Fractional units at 0.5 and above shall be rounded up. In any case at least one (1) unit must be affordable.
24C-18.1 Alternative Method of Compliance
Notwithstanding the above, the Commission in its sole discretion may approve the creation of off-site deed restricted affordable units, in accordance with the affordability requirements of C.G.S. §8-30g as an alternative method of satisfying the affordability requirement of this section. Any such proposal shall demonstrate to the satisfaction of the Commission that the alternative method is desirable and will further affordable housing opportunities in the Town through the production of a greater number and higher percentage of affordable housing units than if constructed on-site. The percentage of affordable units shall be calculated based on all on and off-site affordable and market rate units. No affordable rate unit may be counted to meet the affordability requirements of more than one development. Any C.G.S. §8-30g application in the General Business District/Saugatuck Marina must provide all affordable units on-site, and may not elect to use this alternative method of compliance.
a. Affordable units provided off-site shall be deducted from the total required on-site units.
b. All units proposed off-site shall be located within Saugatuck Center as defined as the area lying between the east side of Saugatuck Avenue, along the northern border of the RORD2 boundary line in effect as of 6/1/2022 and the Saugatuck River and extending south from the Saugatuck / Riverside / Treadwell intersection to Ferry Lane.
c. Off-Site Affordable Units, shall be subject to the following standards.
i. The location and design of such units shall be subject to approval by the Commission.
ii. Such units shall be comparable with existing affordable units located within Westport.

24C-19 INCENTIVE ZONING PROGRAM

24C-19.1 Environmental Remediation Bonus

It is in the Town of Westport’s interest to have all properties classified as an Establishment pursuant to the Connecticut Property Transfer Act, Conn. Gen. Stat. §§ 22a-134 et seq. within the GBD/SM zone remediated due to the close proximity to the Saugatuck River.  The expense associated with this has been an impediment to redevelopment of the properties within the zone.  In order to encourage that such contaminated properties within the GBD/SM zone are remediated prior to development, any integrated site development including a remediation plan prepared by a licensed environmental professional prior to the issuance of a zoning permit, shall be entitled to the following incentives: 
a. FAR may be increased by up to 0.75 on the integrated site.
b. Height may be increased to 5 stories and a height of either seventy (70) feet.  
c. Coverage may be increased by up to ten (10) percent.  

24C-19.2 Underground Parking Bonus

In order to encourage underground parking, a FAR bonus of 0.25 applied to the integrated site, and an exemption for floor area within a cellar or basement will be permitted, if at least seventy-five (75%) percent of the on-site required parking is provided by underground space.  Further, to encourage parking technology that can support trip generation efficiency and electrification required for electrical vehicles, other forms of low carbon mobility and, delivery consolidation to reduce trip generation into Westport as a whole, an additional FAR bonus of 0.25 applied to an integrated site shall be available.

24C-20 PRE-EXISTING NONCONFORMITIES

24C-20.1 Expansion of pre-existing nonconformities.
Notwithstanding anything to the contrary in Section 6 of these regulations, in order to allow for upgrades, alterations, expansion, and Changes of Use to pre-existing nonconforming structures and uses within the GBD/SM Zone, the Planning & Zoning Commission authorizes the Director of Planning & Zoning to issue a site plan waiver for any Change of Use, expansion or alteration to pre-existing nonconforming structures that existed as of the date of the adoption of this Regulation provided that they do not increase the subject nonconformity by more than ten (10.0%) percent in the aggregate as it relates to Coverage, FAR, and parking.  

33-8 Permanent Signs Permitted in Other Non-Residence Districts: (RBD, GBD, GBD/S, GBD/SM, GBD/R, HSD, BPD, DDD, BPD, BCD & BCD/H)
The following signs are permitted in all Non-Residence Districts other than the RPOD, RORD, CPD, GBD/S, GBD/SM, GBD/R, and HDD Districts, subject to §33-2 and the following conditions:
33-8.1 Sign Area
The total surface area of all signs except for free standing signs on a premises shall not exceed either one (1) square foot for each lineal foot of the lot fronting on a public street or one (1) square foot for each lineal foot along the longest building face of each building, whichever is less.
33-8.1.1
In mixed use or multi-tenant buildings, the total allowable sign area for said building shall be pro-rated on an equitable basis; such as the amount of gross floor area of each rental unit; the number of rental units, or the facade area.
33-8.1.2
No one business use or tenant shall have more than three (3) signs on the premises; except that one additional wall identification sign shall be permitted at a secondary business entrance facing a parking lot. Said secondary identification sign shall not exceed two (2) sq. ft. in area and shall be exempt from the sign area & §33-2, herein.
33-8.2 Wall Signs
Any wall sign shall comply with the following requirements:
33-8.2.1
Each sign must be attached to a wall or facade of a building.
33-8.2.2
No sign shall extend above the lower sill of a second story window nor exceed a height of twenty (20) feet as measured from the ground to the top of the sign, whichever is less.
33-8.2.3
A wall sign may extend forward as much as eighteen (18) inches from the wall to which it is attached. No part of such sign shall project in front of the street line except that if the face of the wall is coincident with the street line such sign may extend no more than three (3) inches beyond such street line.
33-8.2.4
Each unit occupancy above the first floor may display a sign on the inside of one (1) window serving said unit of occupancy, provided that no such sign shall exceed six (6) square feet in area.
33-8.2.5
Wall signs for individual tenants or occupants of a unified shopping center shall be designed to reflect a coordinated aesthetic scheme for the entire shopping center. Such signs shall be uniform in letter size, letter style, and type of illumination, wall placement, colors and types of signs within the center.
33-8.2.6
Wall signs in excess of fifty (50) square feet of area shall require ARB review.
33-8.3 Projecting or Hanging Signs
All projecting or hanging signs shall comply with the following requirements:
33-8.3.1
Signs may project from the face of building or hang from a roof canopy, provided that such signs shall be under a roof & over a walkway, but not a public sidewalk.
33-8.3.2
One (1) sign, not to exceed two (2) square feet in area, is permitted for each business or use in the building as part of the total allowable sign area.
33-8.3.3
No sign or any part thereof shall be less than eight (8) feet above the walkway.
33-8.4 Free-Standing Signs
All free-standing signs shall be subject to ARB review and shall comply with the following requirements:
33-8.4.1
Only one (1) free-standing sign shall be permitted on a lot provided that it has at least one hundred (100) feet of street frontage on one street.
33-8.4.2
The free-standing sign shall identify the name of the business (is) occupying the lot and shall include the street address number at least 4 inches in size.
33-8.4.3
The sign shall be supported by a free-standing, self-supporting structure that is erected on the ground and is not attached to a building. The width of the support structure cannot be more than 25% of the horizontal dimension of the free-standing sign, and may be divided into one or more support legs, or the support structure will be included in calculating the total surface area of the sign
33-8.4.4
No free-standing sign shall exceed a height of twenty (20) feet or extend above the lowest point of the main roof line of any building, whichever is less, as measured from the ground to the top of the sign.
33-8.4.5
All free-standing signs except for a unified shopping center shall not exceed a total surface area of thirty-two (32) square feet. A unified shopping center sign shall not exceed a total surface area of one hundred (100) square feet. The sign area for free standing signs is not included in the sign area as defined in §33-7.1.
33-8.4.6
No sign shall be located within fifty (50) feet of the boundary of a Residence District.
33-8.4.7
All signs shall be at least fifteen (15) feet from any property line


35-2.2 Landscaping Area
35-2.2.1 Location
The required front setback area, as measured from the property line, except for Bus Shelters, sidewalks, light poles and perpendicular driveways, shall include a minimum thirty (30) foot deep front landscape area along all streets, as shown on the attached "Landscape Design Standards." Such landscape area shall be retained and is to be used for no other purposes. Raised beds and planters are not acceptable substitutes for trees.(795, 07/01/2021)
a. In cases where the edge of pavement or curb within a street right-of-way does not coincide with the front lot line, the applicant shall landscape the area between the front lot line and the edge of the street pavement or sidewalk in such a manner as will not obstruct vehicle sight lines.
b. In a BCD, BCD/H, GBD/S, and GBD/SM Zone the minimum required front landscape area may be reduced to zero (0) feet in depth along streets other than the Post Road.
c. For multi-family developments under §32-12 and §39A, the minimum required front landscape area may be reduced to twenty (20) feet in depth. See §32-12.11 and §39A-14.

 

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