LEGAL NOTICE OF DECISION 

Notice is hereby given that at a meeting held on December 12, 2022, the Westport Planning and Zoning Commission took the following action:  

1. ADOPTED AS MODIFIED: Text Amendment #819: Appl. #PZ-22-00387 Submitted by Attorney Eric Bernheim to modify the Westport Zoning Regulations to create a new zoning district, §24C, General Business District/ Saugatuck Marina (GBD/SM) and associated zoning standards for properties that meet the following criteria: shall be at least 3,049 SF in size or 0.07- acres, and shall be located northerly of the Saugatuck Train Station, southerly or easterly of Charles St., and south of Interstate 95. One (1) new definition will be added to §5-2, for Event Facility. New language is proposed in §33-8, to add permanent wall sign standards applicable to properties in the GBD/SM consistent with what is permitted for properties zoned General Business District (GBD). Modify language in §35-2.2.1 to allow front landscape relief (may be reduced to 0’ in depth) consistent with what is currently permitted for properties in the General Business District/Saugatuck (GBD/S). A copy of the adopted text amendment including the modifications is on file in the Town Clerk’s Office, is on file in the Planning and Zoning Office and attached to this notice. Effective Date: 1/12/23. 
2. ADOPTED: 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 §24C, General Business District/Saugatuck Marina (GBD/SM), as adopted pursuant 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 map amendment is available on-line at www.westportct.gov, is on file in the Town Clerk’s Office, is on file in the Planning and Zoning and attached to this notice. Effective Date: 1/12/23.

Dated at Westport, CT this 16TH day of December 2022 Danielle Dobin, Chairman, Planning and Zoning Commission.
Submitted: 6/1/22
Received: 6/13/22
Revised: 6/2/22, 6/28/22, 9/1/22, 9/27/22, 10/18/22, 10/25/22, 11/17/22
Work Sessions held on 11/17/22, 12/5/22, and 12/12/22 and Adopted as Modified: 12/12/22

Effective: 1/12/23 
Text Amendment #819
Submitted by Eric D. Bernheim, Esq., modified by the P&Z Commission

Note: New language is shown underlined (as last revised by the applicant on 11/17/22)  
Modifications made by the Planning and Zoning Commission are shown underlined and highlighted yellow with deletions struck-out, underlined, and highlighted yellow
§5, DEFINITIONS
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:

Event Facilities:  Facilities operated for purpose of providing private events, or recreational and meeting facilities, with or without meals.  


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

24C-1 Purpose
The purpose of the General Business District / Saugatuck Marina (GBD/SM) is to give priority to Water Dependent Uses (see Section 31-10.4) and encourage a mix of residential development including affordable housing on site or within a quarter-mile (see Section 24C-18) and non-residential development including commercial, office, hotel and retail resulting in sites developed to enhance and conserve the area’s aesthetic appeal, pedestrian access, and recreational Water -Dependent 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 at least 3,092 square feet and located northerly of the Saugatuck Train Station and southerly or easterly of Charles Street.  
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. This analysis or a separate analysis shall be required in all instances, and shall be subject to the satisfaction of the Planning and Zoning Commission. This analysis shall study the parking demand and proposed supply to demonstrate proposed uses will be supported by on-site parking and/or available railroad parking accessible to the public without a permit after 3:00pm.  All rezoning applications shall also be in accordance with §42. On all waterfront Lots, at least one water dependent use must be provided. Multiple Use Developments are permitted in the GBD/SM but are not required. 
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, provided, however, no single tenant shall exceed 10,000 square feet of contiguous floor area.
b. Retail Food Establishments.
c. Restaurants.
d. Cafes and taverns.
e. Business, professional, insurance, real estate, and other offices.
f. Banks.
g. Indoor theaters with permanently affixed seating of no more than 100 seats.
h. Water Dependent Uses and commercial marinas including accessory boat sales. Twenty-percent (20%) of all boat slips provided shall be transient. To engage boaters in upland activities (shopping, restaurants, etc.) use of transient slips for the first three (3) hours shall be free. Tie-ups for kayaks and paddle-boards shall also be provided.
i. Commercial wireless telecommunication service facilities, in conformance with §32-16.
j. Hotels and/or Event Facilities, provided, however, Event Facilities shall have an occupancy limit equal to the lesser of the occupancy permitted by the applicable fire code or 300 individuals if such event takes place from 7 a.m. through 9:30 a.m. Monday through Friday or 5 p.m. through 7:30 p.m. Monday through Friday.  
k. Concealed parking structures.  
l. Private recreational clubs.  
m. Grocery stores and delicatessens.

24C-2.2 Accessory Uses
Uses customarily accessory to a permitted principleal use shall be permitted as follows: 

24C-2.2.1
Uses 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.
24C-2.2.21
Outdoor storage and display is permitted in accordance with §32-6, herein.
24C-2.2.32
Outdoor sSpecial eEvents are permitted in accordance with §32-23, herein.
24C-2.2.4
Reserved.  
24C-2.2.53
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 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained. 
24C-2.2.64
Games Rooms, subject to the following conditions:
a. That a Zoning Permit be obtained from the Zoning Enforcement Officer.
b. The number of coin operated amusement devices shall be limited to not more than 3 per lot.
c. 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.
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; sports betting, 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
Reserved.
24C-2.3.54
The use of any multiple family dwelling unit for any Home Occupation, Level 1, or Home Occupation, Level 2 shall be prohibited.
24C-2.3.65
Parking structures and parking lots that are not concealed unless as an accessory use to a permitted principal use in the GBD/SM.

24C-3 Lot Area (See §5, Definitions)
The minimum lot area required is 3,092 square feet.

24C-4 Setbacks (See also §24C-5, and §31-3 through §31-8)
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 minimum setback shall be the lesser of the existing setbacks at the time of the Special Permit application or of ten (10) feet for all Buildings.  The ten (10) foot setback may be reduced by up to five (5) feet if the project proposed includes enhanced outdoor public space that is intended to activate the site and allow for members of the general public to access the outdoor spaces.  There shall be no setback restrictions between Lots that are all located within an Integrated Site.  If offsite improvements are agreed upon and the Lot Line changes due to adding area to the Town or State right of way, the original Lot Line prior to the expansion of the right of way will be the Lot Line utilized for determining setback requirements.  All Structures other than Buildings shall be exempt from the setback requirements subject to the following parameters:
1. The project must enhance the existing public outdoor.
2. Must include affordable housing allocated to the project of at least 25% of the proposed market rate units.
3. Must be in development with minimum of ten (10) residential units.
4. Cannot be on a side that abuts a residential zone.
5. A Zoning Permit will be required.
6. Size of Structure is at the discretion of the Planning and Zoning Commission at the time of a Special Permit.
24C-4.1
To encourage a vibrant waterfront experience with public access and views to and from the Saugatuck River, the following setbacks shall be established from the mean high water line of the Saugatuck River relating to Building Height:
Setback from Mean High Water Line Building Height Permitted Maximum Height after Bonus Applied
0-24.99’ No Buildings are Permitted No Buildings are Permitted
25.0 – 49.99’ 40’ 45’
50’-99.99’ 40’ 60’
100’ - Riverside Avenue 40’ 65’
Building Height bonuses under this Section 24C-4.1 shall be provided if the proposed project provides a minimum of 5,000 square feet of public outdoor space adjacent to the Saugatuck River and upon compliance with the Underground Parking incentive set forth in Section 24C-19.1.  

No principal building, structure or use shall extend closer than ten (10) feet from any Front Lot Line except the Planning and Zoning Commission may allow a Front Lot Line setback less than ten (10) feet provided outdoor space accessible to the public is provided in a location approved by the Planning and Zoning Commission or other public benefit is provided deemed sufficient by the Planning and Zoning Commission to warrant a setback reduction. There shall be no side or rear setback restrictions, notwithstanding any other provision in these regulations. There shall be no setback requirements between Lots located within an integrated site as described in §24C-17.  If offsite improvements are agreed upon and Lot Lines change due to adding area to the Town or State right of way, the original Lot Line will be utilized for determining setback requirements.  

24C-5 Height
Subject to Section 24C-4.1, no building or other structure shall exceed a height of sixty-seven (67)  feet to the top of a flat roof or the mid-point of a pitched roof. The ridge of a pitched roof shall not be greater than five (5) feet above the mid-point of the same pitched roof.  For Buildings within the 100-year floodplain, the Building’s Height shall be determined from the Base Flood Elevation.  One additional foot of Building Height as measured from average grade shall be permitted for each foot that the average grade is below the Base Flood Elevation.  No more than ten (10%) of all Floor Area within a Lot or Integrated Site may exceed a height of sixty (60) feet.  
24C-5.1
Buildings immediately adjacent to a public park owned by the Town of Westport shall have a maximum Height of fifty (50) feet, provided, however, if the Building adjacent to the public park is graded so that the level at grade provides access directly to the park, then the maximum Height of the Building may be sixty (60) feet.   A Building shall not be deemed to be immediately adjacent if there is a right of way in between the Building and the public park.  
Height shall be measured as described in the Building Height definition in §5-2, except the ridge of any pitched roof shall not be greater than five (5) feet above the mid-point of a pitched-roof. For property within the Special Flood Hazard Area in this non-residential zone situated between Metro North railroad and Interstate-95, one additional foot of Building Height as measured from average grade shall be permitted for each foot that the average grade is below the Base Flood Elevation.
The portion of any Buildings located less than ten-feet (10’) from the Front Property Line shall not exceed a height of forty (40) feet throughout the GBD/SM to reduce the scale of buildings and to emphasize the ground level elements of the structure (Pedestrian Elements). 
The portion of any Buildings located less than fifteen-feet (15’) from the Front Property Line that is adjacent to or across from the train tracks between Franklin Street and Riverside Avenue, and  shall not exceed a height of forty (40) feet throughout the GBD/SM to preserve historic building facades surrounding the train station.
No building or other structure shall exceed a Building Height of sixty (60) feet west of Riverside Avenue (or the upland side of Riverside Avenue), within the GBD/SM, except a Building Height of sixty-seven (67) feet is allowed not to exceed 10% of all Floor Area on a lot or within an integrated site as described in §24C-17. Buildings adjacent to public parks owned by the Town of Westport shall adhere to the standards in §24C-5.3.
No building or other structure shall exceed a height of forty-feet (40’), except when height bonuses are utilized as described in §24C-5.2. For proposed buildings east of Riverside Avenue (or the waterfront side of Riverside Avenue), within the GBD/SM, A height bonus permitting a height of over fifty-five (55) feet may only be granted at the discretion of the Planning and Zoning Commission. Factors to be considered by the Planning & Zoning Commission include, in addition to the creation of outdoor, publicly accessible space, that the height of any building along the front setback for the first ten feet (10’) is limited to 35 feet (35’) or lower, in order to maintain open view lines on Riverside Avenue. 
24C-5.2, Height Bonuses
A building step-back program may be implemented as described in Table 1, using Height bonuses intended to:
• Encourage a vibrant waterfront experience with public access to the Saugatuck River;
• Enhance public views to and from the Saugatuck River;
• Reduce building scale; and
• Increase light and air pass-through. 

The Height bonuses may be implemented provided:
A. A minimum of 5,000 square feet of Useable Open Space outdoor space accessible to the public is provided on any Lot or integrated site as described in §29A-17; 
B. At least seventy-five percent (75%) of the required on-site parking is provided underground, consistent with the standards in §24C-19.1; 
C. The standards in the Step-Back Program described in Table 1 below are met.
D. The provisions in §31-10.7.4 shall be addressed at the discretion of the Commission.
Illustration of what is a Building Step-Back (not to scale):

Table 1. Height Bonuses Subject to Building Step-Back Program
Setback from Mean High Water Line Building Height Permitted Maximum Height after Bonus Applied1
0-24.99’ No Buildings are Permitted No Buildings are Permitted
25.0 – 49.99’ 40’ 45’
50’-99.99’ 40’ 60’
100’ - Riverside Avenue 40’ 65’
Footnote #1 For buildings within the Special Flood Hazard Area, one additional foot of Building Height measured from average grade shall be permitted for each foot the average grade is below the Base Flood Elevation.
24C-5.3, Height Permitted Adjacent to Parks
Buildings immediately adjacent to a public park owned by the Town of Westport shall have a maximum height of fifty (50) feet, provided, however, if the Building adjacent to the public park is graded so that the level at grade provides access directly to the park, then the maximum Height of the Building may be sixty (60) feet.   
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 or Integrated Site which lies within the General Business District/Saugatuck Marina, provided appropriate water quality measures are implemented.  Underground parking and entrances to underground parking shall be excluded from Building Coverage.  Parking shall be deemed to be underground if it is under a Floor Area of a Building, surface parking or a courtyard.    
24C-6.2 Coverage Exemptions
The coverage associated with open porches, decks, or balconies on residential Buildings and other similar open structural projections from building coverage shall be exempt provided there is no Floor Area or Building Area located directly above.  The coverage exemptions shall not exceed five percent (5%) of the site or integrated site if applicable.  
24C-6.3 Total Coverage
The Total Coverage shall not exceed seventy-five percent (75%) of the area of the lot or Integrated Site which lies within the General Business District/Saugatuck Marina, provided appropriate water quality measures are implemented.  Water dependent uses, decks or patios along the river, including public access ways, shall be exempt from the Total Coverage calculations.  
24C-7 Building Spacing
The minimum space between buildings shall be as required by the applicable building code.  
24C-8 Floor Area
24C-8.1 Maximum
No one Building shall exceed 40,000 square feet of gross interior floor area above grade. Concealed parking and tunnels shall not count towards gross interior floor area.  Connected Buildings shall be governed by §24C-8.4.  Underground parking garages and tunnels that connect multiple Buildings shall not result in said Buildings being considered a single Building when calculating 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 1.75 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 mechanicals, elevators, stairways, storage, basements, parking and loading spaces shall be excluded from the FAR. After applying all incentives and/or bonuses available, the site Lot, or the integrated site as described in §24C-17, if applicable, FAR shall not exceed 2.25 2.15 with the incentives and/or bonuses subject to the discretion of the Planning and Zoning Commission.  
24C-8.3 Residential Unit Sizes
The average gross interior floor area per dwelling unit shall not exceed 2,750 square feet.
24C-8.43 Connected Buildings
24C-8.43. 1
For the purposes of this §24C-8 any two or more buildings which are connected by an above grade structure shall be referred to as "Sub-Buildings." The structure that results from connecting two Sub-Buildings shall be referred to as a “Connected Building." That which connects the two Sub-Buildings shall be referred to as a "Connection."  The Connection must comply with the applicable fire code.  
24C-8.4.3.2
The floor area of each of the Sub-Buildings, including fifty (50%) percent of the Connection, shall not exceed 40,000 square feet.
24C-8.4.3.3
The Connection may be used for any use permitted by §24C-2 of these regulations.
24C-8.43.4
The floor area of the Connected Building shall be included in the overall calculation of the total FAR.
24C-9 Density
24C-9.1 Residential Density
The maximum number of residential units per acre of the Lot or Integrated Site shall not exceed 18.  
The maximum number of residential units per acre shall not exceed 18.  
24C-9.2 Hotel Density
The maximum allowable density for Hotel keys shall not exceed 30 Hotel keys per gross acre of the Lot or Integrated Site.
24C-9.3 Total Density
The maximum allowable Hotel keys and residential units (collectively referred to as “Doors”) shall not exceed 35 Doors per acre of the Lot or Integrated Site.
24C-10 Public Waterfront Access (PWA)
See §5-2 Definitions and §31-10.7.4 herein.  Public parking required to comply with §31-10.7.4 shall only be based on the waterfront Buildings and not all Buildings developed as part of an integrated site under these Regulations. 
Notwithstanding anything to the contrary in these Regulations, the requirements of §31-10.7.4(8) may be satisfied by providing either 25% of the frontage of any site adjacent to the water to allow views of the water from the street or 50% of the frontage of any site adjacent to the water as outdoor public space providing access to the general public consistent with the intention of the GBD/SM.
24C-11 Architectural Design
a. The Commission shall find that the proposed architectural design including, among other elements, the exterior building material, color, roof-line, and building elevations to work with, reflect and develop the design of buildings in the GBD/SM thereby improving the appearance and beauty of the community. New construction or reconstruction shall adhere to the design principles and purposes of this district, in whole or in part.  
a. The Commission shall find that the proposed architectural design including, among other elements, the exterior building material, color, roof-line, and building elevations shall be designed in the style and vernacular inspired by a New England coastal village aesthetic consistent with the building renderings below, thereby improving the appearance and beauty of the community. New construction or reconstruction shall adhere to the design principles and 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 appropriate, 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.
e. Each building designed shall have a height to width ratio that does not exceed 3 to 1.  For example, a building with a Height of 45 feet may not be less than 15 feet wide.  The width of the Building shall be determined by the shortest side of the Building.  

Sample Renderings Depicting Preferred Design Aesthetic 


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 notwithstanding any other provision in these regulations:
Multi-family dwelling units

Studio, efficiency, or 1 bedroom unit and studio
2 or more bedroom unit
All non-residential uses within the GBD/SM, with the exception of places of public assembly including indoor theaters and Event Facilities.
Indoor theaters and Event Facilities as defined in §5-2 1.5 spaces per unit
2.0 spaces per unit
1 space for each 1,300 1,000 square feet of gross floor area which may be reduced at the discretion of the Planning and Zoning Commission to 1 space for each 1,300 square feet of gross floor area.
Minimum parking requirements shall be established at the discretion and to the satisfaction of the Planning and Zoning Commission. 
The Planning and Zoning Commission may permit 25% 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 significantly conflict when an applicant demonstrates there will be no substantial conflict in the operating hours for which the Joint Parking facilities are proposed. 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 in the minimum parking required for non-residential uses, an overall reduction of spaces, or automation of parking, the Planning and Zoning Commission may, by Special Permit, approve a Parking Management Plan (PMP) as defined in §5-2, detailing all such on-site parking strategies, technologies and/or demand management strategies.   The PMP shall also demonstrate to the satisfaction of the Planning and Zoning Commission that planning for employee parking on and/or off-site was considered will be reasonably addressed.
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.
At least five (5) electric charging stations shall be provided for every fifty (50) parking spaces provided.  Digital advertising on electric vehicle charging stations shall be permitted in below grade concealed parking structures.  Digital advertising on electric vehicle charging stations shall be prohibited in areas visible from a public right of way.  


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.
A minimum area equal to at least five percent (5%) of the total FAR for a Lot or integrated site throughout the GBD/SM shall be programmed as outdoor space accessible to the public in a location approved 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 approval of the Town Engineer.  Notwithstanding anything to the contrary in these regulations, grading within five (5) feet of property lines shall be permitted in the GBD/SM.  

24C-16 Change of Use Reserved
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. An integrated site development shall not require the Lots to be merged.  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, a number of affordable units must be provided as follows:
• Units shall be equal to 25% of all proposed market rate units located within the proposed site or the Integrated Site.
• The affordable units shall be required to be affordable based on the median income and associated permitted rents as defined in CT General Statutes §8-30g. These units must be affordable to households whose income does not exceed 80% of the state or area median income, whichever is lower. The state and area median income figures are from the United States Census and are periodically updated by the U.S. Department of Housing and Urban Development (HUD).  
• Fractional units at 0.5 and above shall be rounded up. In any case at least one (1) unit must be affordable.  
• The affordable units shall be located within a quarter mile of a Saugatuck train station platform to ensure walkability to the train station. 
• The affordable units, shall be comparable with existing affordable units located within Westport and must contain an average of at least two (2) bedrooms per off-site affordable unit (i.e., a 3 bedroom unit and a single bedroom unit shall equate to an average of two (2) – 2 bedroom units).
In conjunction with residential units proposed as part of a GBD/SM development, a number of affordable units must be provided.  The affordable units shall be required to be affordable based on the median income and associated permitted rents as defined in CT General Statutes §8-30g. These units must be affordable to households whose income does not exceed 80% of the state or area median income, whichever is lower. The state and area median income figures are from the United States Census and are periodically updated by the U.S. Department of Housing and Urban Development (HUD). The affordable units required must contain an average of at least two (2) bedrooms per affordable unit (i.e., a 3 bedroom unit and a single bedroom unit shall equate to an average of two (2) – 2 bedroom units).
Offsite affordable units will have to equal 25% of the proposed onsite market rate units; or onsite affordable units will have to equal 20% of all onsite market rate units.  

(a) Offsite compliance shall be satisfied by meeting the following:
• Units shall be equal to 25% of all proposed market rate units located within the proposed site or the Integrated Site.
• Fractional units at 0.5 and above shall be rounded up. In any case at least one (1) unit must be affordable.  
• The affordable units shall be located within a quarter mile of a Saugatuck train stationhouse to ensure walkability to the train station. 
• The affordable units shall have finishes and appliances comparable with existing affordable units that have been constructed in Westport since 2017.
(b) Onsite compliance shall be satisfied by meeting the following:
• Units may be dispersed throughout the Lot or Integrated Site at the discretion of the applicant.
• Construction quality and materials for onsite compliance shall be consistent with the existing affordable units that have been constructed in Westport since 2017.

24C-19 INCENTIVE ZONING PROGRAM
24C-19.1 Underground Parking Bonus
In order to encourage underground parking, a FAR bonus of 0.50 0.40 and coverage of up to an additional ten (10%) percent applied to the Lot or 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.  

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. 
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.

 
         MAP AMENDMENT #820

Notice of Decision