LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on September 18, 2023, the Westport Planning and Zoning Commission took the following action:

Dated at Westport, Connecticut this 21^st day of September 2023 Danielle Dobin, Chairman, Planning and Zoning Commission. 

Text Amendment #831 Submitted: 6/16/23

Received: 6/26/23

Public Hearing: 7/24/23 (no testimony received), and 9/18/23 Adopted: 9/18/23

Effective date: 10/18/23

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

§28 BUSINESS PRESERVATION DISTRICT (BPD)                                                                                                                   

The following additional uses are permitted only in a principal building existing on the premises at the time the BPD boundary is established and subject to Special Permit and Site Plan Approval in accordance with §43, herein. This provision shall not be deemed to prevent new construction and use of a principal building on a lot, provided that such new construction or reconstruction shall strictly adhere to the purpose of this district.

Veterinary hospitals and animal clinics. There shall be no more than one outside exercise area for animal runs. The use of such area shall be limited to the period from 8:00 A.M. to 8:00 P.M.

Commercial Wireless telecommunication service facilities, in conformance with §32-16. 

Bank drive-in within 500 feet of another bank drive-in as permitted by §28-2.3.6. 

Indoor & Outdoor Commercial Recreation and Entertainment Uses. 

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 the provisions of §32-7, herein.

Outdoor storage and display is permitted in accordance with §32-6, herein.

Wholesaling and warehousing 

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.(814, 04/01/2022)

One attached dwelling unit, provided the density does not exceed 20 bedrooms per acre. 

Bank drive-in; except that no lot shall be used for a drive-in bank, if such lot is located within a radius of 500 feet from any other lot used for a bank drive-in provided that the Planning & Zoning Commission may permit, upon a Special Permit Approval in accordance with §43 of the regulations, and so long as the Commission shall find that such use shall maintain or improve the traffic level of service and safety conditions in and around the site. The application must be accompanied by a traffic report supplied by the applicant.

The following uses in addition to those listed in §32-7, herein, shall be prohibited: gasoline filling

stations, automobile service establishments, motor vehicle repair garages, any lot, establishment, agency or dealer for new, rental or used motor vehicles, automobiles, motorcycles, trucks, mobile homes, trailers, campers, boats, farm or other heavy equipment, hotels, motels, motor-inns, drive-in restaurants, newspaper and job printing establishments, commercial marinas and heavy commercial uses such as lumber yards, septic tanks sales, construction equipment yards, contractor's storage yards, etc. 

• 28-3 Lot Area (See Definition)

  No minimum requirement, except that no lot shall have less than 50 feet of frontage on at least one street. 

• 28-4 Setbacks (See §31-4 thru §31-8, also.)

  No principal building, structure or use shall extend closer than thirty (30) feet from any front lot line or Residential District Boundary Line having a residential use, fifteen (15) feet from any side lot line and twenty- five (25) feet from any rear lot line. No accessory building or structure shall extend closer than thirty (30) feet from any front lot line or Residential District Boundary Line, and fifteen (15) feet from the side and rear lot lines.

  28-4.1 Building Spacing

  Groups of buildings on a single lot shall be so arranged that the minimum horizontal distance between the nearest walls or corners of any principal and/or accessory detached buildings shall not be less than one-half the sum of the heights of such adjacent buildings.

  28-4.2 Setback Exemptions

  Canopies up to 500 square feet over outside exercise areas for Veterinary Hospitals and Animal Clinics, where adjacent to non-residential uses, may be located within required side and rear setbacks. (See §28-6.1)

  (804, 01/28/2022) 

• 28-5 Height

No building or other structure shall exceed two and one-half (2-1/2) stories and a height of thirty (30) feet, except for an addition that matches the existing pitched, gable, or gambrel roof line of an existing building on that lot. Lots having two (2) or more acres and wholly within the Business Preservation District may receive an additional five (5) feet in height when concealed parking or partially concealed parking is proposed as described in §34-12, to incentivize preserving the existing Historic Structure, and incentivize below-grade parking.

The architectural design, scale and mass of buildings and other structures, including, among other elements, the exterior building material, color, roof-line, and building elevations shall harmonize and be compatible with the other buildings in the BPD District so as to preserve and improve the appearance and beauty of the community. New construction or reconstruction shall adhere to the design purpose of this district, in whole or in part.(813, 03/27/2023)

28-9.1.1

Buildings shall be designed to achieve a small scale and residential appearance. 

Pitched roofed buildings shall be required.

28-9.1.3

Roof-top mechanical equipment shall be prohibited; except for energy conservation systems such as solar energy panels.

28-9.1.4

Buildings shall be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible. 

• 28-10 Signs

  Signs shall be permitted in accordance with §33 of the Supplementary Regulations. 

• 28-11 Parking and Loading

  Off-street parking and loading shall be provided in accordance with §34 of the Supplementary Regulations. 

• 28-12 Landscaping, Screening and Buffer Area

Landscaping, screening and buffer areas shall be provided in accordance with §35 of the Supplementary Regulations.

23-13, Conditions of Approval___________________________________________________

Prior to the issuance of a Zoning Permit for work benefitting from the standards unique to lots having two (2) or more acres, wholly within the Business Preservation District, and containing a Historic Structure, the applicant shall:

1. Grant a perpetual preservation easementto keep the exterior of the Historic Structure in good repair, enforceable by the Planning and Zoning Commission; and
2. The easement shall provide among other things, for the right of the holder of the easement to do all things necessary to preserve the structural and historic integrity of the Historic Structure and to charge the expense thereof to the owner upon the owner’s failure to keep the exterior of the structure in good repair. 

Notice of Decision

Notice of Hearing