LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on November 13, 2023, the Westport Planning and Zoning Commission took the following action: 

1. GRANTED: 259 Riverside Avenue: Special Permit/Coastal Site Plan Appl. #PZ-23-00451 submitted by Eric D. Bernheim, Esq., for property owned CEG Riverside, LLC, to convert two buildings at 259 Riverside Avenue (aka 251 and 253 Riverside), from Office use to eight Multi-Family Dwelling units in the General Business District, #PID C08056000.
2. ADOPTED AS MODIFIED: Text Amendment #839: #PZ-23-00636 submitted on behalf of the Planning and Zoning Commission for purposes of protecting the public health and welfare by adding language to define and prohibit Smoke Shops and add stricter standards applicable to other establishments that sell smoking related products, but do not qualify as a Smoke Shop as described in the definition. New language is also proposed to prohibit light emitting diode or LED signs so as to reduce potential distractions to motorists. A copy of the text amendment is available on-line at www.westportct.gov on the Planning & Zoning Office web page under “P&Z Pending Applications & Recent Approvals.” A copy may also be viewed at Town Hall, 110 Myrtle Ave., in the Town Clerk’s Office and Planning & Zoning Office and attached herein. Effective Date: 11/30/23
3. ADOPTED AS MODIFIED: Text Amendment #838: #PZ-23-00515 submitted by Gloria Gouveia, to modify §32-18, Historic Residential Structures, to add language to allow apartments up to 1,000 SF in size (instead of 800 SF) if the unit is served by renewable energy sources and to add a new defined term to 5-2, Renewable Energy. A copy of the text amendment is available on-line at www.westportct.gov on the Planning & Zoning Office web page under “P&Z Pending Applications & Recent Approvals.” A copy may also be viewed at Town Hall, 110 Myrtle Ave., in the Town Clerk’s Office and Planning & Zoning Office and attached herein. Effective Date: 11/30/23 

Dated at Westport, Connecticut this 14^th day of November 2023 Danielle Dobin, Chairman, Planning and Zoning Commission.

Text Amend/ #839, Submitted by the P&Z Commission RE: Smoke Shops and Signs   

Submitted: 10/31/23

Received: 11/6/23

                                                                                               Public Hearing: 11/13/23

Adopted as Modified: 11/13/23

Effective date: 11/30/23

Deleted language is [struck out and in brackets]; New language is underlined. All changes are highlighted. 

FROM §5-2, SPECIFIC TERMS

Cannabis Establishment

"Cannabis Establishment" means a producer, medical dispensary facility, cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, product packager, delivery service or transporter, as those terms are defined in Section 1 of Public Act No. 21-1 of the June 2021 Special Session ("medical dispensary facility" constitutes a "dispensary facility" under Public Act No. 21-1).

Smoke Shop or Tobacco Store

A “Smoke Shop or Tobacco Store” is a retail establishment where 20% or more of the retail area is dedicated to the sale of tobacco and products containing tobacco or nicotine (including “e-cigarettes”) and paraphernalia, and/or contain areas for the consumption of any smokeable products.

FROM §31, REGULATIONS APPLYING TO ALL DISTRICTS

31-16, Prohibition on Cannabis Establishments

Prohibition:

In accordance with the authority granted under Section 148 of Public Act No. 21-1 of the June 2021 Special Session, "An Act Concerning Responsible and Equitable Regulation of Adult-Use Cannabis," all Cannabis Establishments, with the exception of Medical Dispensary Facilities, are prohibited in all zoning districts in the Town of Westport.  

31-17, Prohibition on Smoke Shops or Tobacco Stores

All Smoke Shops or Tobacco Stores as defined in §5-2 herein are prohibited in all zoning districts in the Town of Westport.

31-18, Special Permit Required for Establishments that Sell Smoking Related Products

Any establishment selling any type of smoking, vaping or related product must secure a Special Permit from the Planning and Zoning Commission prior to opening a business in Town to mitigate potential risk to the public’s health and welfare.

FROM §32, SUPPLEMENTARY USE REGULATIONS

Each of the following uses is permitted in each district to the extent indicated for that use and district, subject to all provisions of the applicable district, except as specifically provided for in this section. Every application for the use of property subject to conditions set forth herein shall be filed in accordance with the provisions of these regulations, and shall be subject to approval by any commission, board or agency stipulated in this section. 

32-7 Prohibited Uses

The following uses and activities are expressly prohibited in any zoning district within the Town of Westport.

32-7.1

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.

32-7.2

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.

32-7.3

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.

32-7.4

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.

32-7.5

The use of any multiple family dwelling unit for any Home Occupation, Level 1, or Home Occupation, Level 2 shall be prohibited.

32-7.6

Cannabis Establishments as defined in §5-2 herein.

32-7.7

Smoke Shop or Tobacco Store as defined in §5-2 herein.

FROM §33, SIGNS

33-3 Sign Prohibition                                                                                                                   

The prohibitions contained in this section shall apply to all signs, all artificial lighting and all districts regardless of designation within the Town of Westport.

33-3.1

No sign shall project beyond any property line, except under the provisions of §33-8.2.3, herein.

33-3.2

No hanging sign shall be over any portion of the traveled path of any driveway or other access way.

33-3.3

No sign shall project beyond the sides of a building or above the lowest point of the main roof line of any building.

33-3.4

No sign shall be permitted on the top of any building.

33-3.5

No sign structure shall conflict with the corner visibility requirements of these regulations.

33-3.6

No sign shall interfere in any way with vehicular or pedestrian traffic, traffic signals or signs or visibility of motorists by virtue of the location, color or size of such signs.

33-3.7

No sign shall obstruct access to or from any door, exit, window or fire escape.

33-3.8

No artificial light or reflecting device shall be used, located, or displayed where such light distracts the attention of users of a street and competes for attention with, or may be mistaken for, a traffic signal.

33-3.9

No sign shall be animated or flashing, except for a time-temperature device employed as part of an otherwise non-flashing, non-animated display.

33-3.10

Except for flags, no sign shall be permitted which is in motion by any means, including swinging, fluttering or rotating or signs such as banners strung in series set in motion by movement of the atmosphere. The area of any flag (except national, state or town flags) shall be computed as signage and shall require permits in accordance with §33-2.1.

33-3.11

The stringing of lights is prohibited, except during the holiday season, from 11/15 through 1/15 of each year.

33-3.12

No sign shall be permitted to be painted or posted directly upon the exposed surface of any wall except for individual, raised, mounted letters. All other painted or posted signs shall be on a plate or backing made of a durable material such as metal or plywood which is affixed to the wall.

33-3.13

No signs shall be mounted or posted on any tree or utility pole.

33-3.14

Directly-illuminated gaseous signs, such as neon tube signs, that are visible from outside the building shall be prohibited. Signs with the appearance of neon signs that are visible from outside the building shall also be prohibited to enhance public safety by removing potential distractions to motorists and users of the street.

 33-3.15

Free-standing portable signs, such as sandwich signs, shall be prohibited except as provided for in §33-5.

33-3.16

All signs and other advertising devices shall be prohibited except as they refer to products sold, and/or services rendered to business conducted on the property on which such sign is located.

Text Amendment #838

Submitted: 09/07/2023 

Received: 09/11/2023

Public Hearing: 11/13/2023 Adopted: 11/13/2023

Effective date: November 30, 2023

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

5-2 Specific Terms

Renewable Energy:

Energy derived from natural sources that are replenished at a higher rate than they are consumed. 

32-18 Historic Residential Structure (HRS)

32-18.9 Permitted Uses of Historic Accessory Structure

32-18.9.2 Accessory Apartments:

[o]One historic accessory structure or portion thereof may be converted to allow the incorporation of one (1) additional dwelling unit on the premises subject to Special Permit and Site Plan Approval in accordance with §43 herein, and all conditions associated with §11-2.4.12 Accessory Apartments except as modified herein:

1. Qualifications: no accessory apartment exists in the main dwelling unit nor does any other historic accessory structure contain a dwelling unit.
2. Eligibility: No age restriction.
3. Floor Area: the total floor area of the historic accessory structure used for a dwelling unit shall be the larger of the following:
   1. The size of the historic accessory structure as of the effective date of this regulation.
   2. Up to 800 square feet, including additions to the original historic accessory structure.
   3. [Up to 1,000 square feet, including additions to the original historic structure, if the unit is designated affordable in compliance with the affordability standards of Connecticut General Statutes §8-30(g) and is deed restricted on the Westport Land Records for 40 years as an affordable unit. (See §32-18.10)]

Up to 1,000 square feet, including additions to the original Historic Structure if the building is primarily served by Renewable Energy sources.

A Non-conversion Renewable Energy Agreement is to be filed on the Land Records prior to the issuance of a Zoning Permit.    

Notice of Decision

Notice of Hearing