LEGAL NOTICE OF DECISION

Notice is hereby given that at a meeting held on October 02, 2023, the Westport Planning and Zoning Commission took the following action: 

1. ADOPTED AS MODIFIED: Text Amendment #835: #PZ-23-00480 submitted on behalf of the Planning and Zoning Commission to adopt new §32-29, Cottage Cluster Developments allowing Cottage Cluster Housing on Town-owned property, subject to Special Permit/Site Plan approval, on lots at least 0.75 acres in size, and other eligibility criteria. 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 both the Town Clerk’s Office and Planning & Zoning Office and attached herein.Effective Date: 11/01/23 

Dated at Westport, Connecticut this 2^nd day of October 2023 Danielle Dobin, Chairman, Planning and Zoning Commission.

Text Amend #835/#PZ-23-00480

Submitted:8/22/23

Received: 9/11/23
Revised: 8/25/23, 8/29/23

Public Hearing: 10/2/23

Adopted as Modified:10/2/23

Effective Date: 11/1/23

Proposed Text Change, Submitted by the Planning and Zoning Commission

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

§12 RESIDENCE AA DISTRICT

12-2 Permitted Uses

Any use permitted in a Residence AAA District, subject to the same approvals and conditions as specified in §11-2 of these regulations.

12-2.1 Special Permit Uses Subject to Special Conditions

The following additional uses are permitted subject to the conditions provided for in §32 and Special Permit & Site Plan approval in accordance with §43, herein.

12-2.1.1

Cottage Cluster Developments

§13 RESIDENCE A DISTRICT

13-2 Permitted Uses

Any use permitted in a Residence AAA District, subject to the same approvals and conditions as specified in §11-2 of these regulations.

13-2.1 Special Permit Uses Subject to Special Conditions

The following additional uses are permitted subject to the conditions provided for in §32 and Special Permit & Site Plan approval in accordance with §43, herein.(778, 06/03/2020)

13-2.1.1

Small Home Developments.

13-2.1.2

Special Needs Housing (778, 06/03/2020)

13-2.1.3

Cottage Cluster Developments

§23 RESTRICTED BUSINESS DISTRICT (RBD)

23-2 Permitted Uses

In a Restricted Business District, 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 except for one (1) or more of the following uses.

23-2.2 Special Permit Uses

The following uses are permitted in principal buildings subject to Special Permit and Site Plan approval in accordance with §43, herein.

23-2.2.1

Inclusionary two family and multi-family dwelling units subject to the provisions of §32-12, herein.

23-2.2.2

Indoor & Outdoor Commercial Recreational and Entertainment Uses.

23-2.2.3

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

23-2.2.4

Private Occupational Schools.

23-2.2.5

Cottage Cluster Developments

§24 GENERAL BUSINESS DISTRICT (GBD)

24-2 Permitted Uses

In a General Business District 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, except for one (1) or more of the following uses:

24-2.2 Special Permit Uses

The following additional uses are permitted subject to Special Permit and Site Plan approval in accordance with §43, herein.

24-2.2.1

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.

24-2.2.2

Golf driving ranges, paddle tennis courts, tennis courts, bowling alleys, skating rinks and other indoor and outdoor commercial recreation and entertainment uses, except game rooms.

24-2.2.3

Commercial marinas, including accessory boat sales. No boat shall be occupied or used as a dwelling or dwelling unit.

24-2.2.4

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

24-2.2.5

Private Occupational Schools.

24-2.2.6

Bank drive-in within 500 feet of another bank drive-in as permitted by §24-2.3.3.

24-2.2.7

Inclusionary two family and multi-family dwelling units subject to the provisions of §32-12, herein.

24-2.2.8

Retail boat sales including accessory boat repairs and storage in conformance with §32-22.

24-2.2.9

Automobile Dealership, New and Used as defined in Section 5-2 in operation as of July 9, 2020.

(776, 07/09/2020) 

1. 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.

24-2.2.10

Cottage Cluster Developments

§29 BUSINESS CENTER DISTRICT (BCD)

29-2 Permitted Uses

In a Business Center District, 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, except for one (1) or more of the following uses:

29-2.2 Special Permit Uses

29-2.2.1

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.

29-2.2.2

Golf driving ranges, paddle tennis courts, tennis courts, bowling alleys, skating rinks and other indoor and outdoor commercial recreation and entertainment uses, except game rooms.

29-2.2.3

Commercial marinas, including accessory boat sales. No boat shall be occupied or used as a dwelling or dwelling unit.

29-2.2.4

Inclusionary two-family and multi-family dwelling units, subject to the provisions of §32-12, herein. No existing dwelling unit above the first floor can be changed to a non-residential use.

29-2.2.5

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

29-2.2.6

Bank drive-in within 500 feet of another bank drive-in as permitted by §29-2.3.3.

29-2.2.7

Cottage Cluster Developments

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

29A-2 Permitted Uses

In a Business Center District/Historic, 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, except for one (1) or more of the following uses:

29A-2.2 Special Permit Uses

29A-2.2.1

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.

29A-2.2.2

Golf driving ranges, paddle tennis courts, tennis courts, bowling alleys, skating rinks and other indoor and outdoor commercial recreation and entertainment uses, except game rooms.

29A-2.2.3

Commercial marinas, including accessory boat sales. No boat shall be occupied or used as a dwelling or dwelling unit.

29A-2.2.4

Inclusionary two-family and multi-family dwelling units, subject to the provisions of §32-12, herein. No existing dwelling unit above the first floor can be changed to a non-residential use.

29A-2.2.5

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

29A-2.2.6

Exterior reconstruction, alteration, or addition to any existing structure or a new construction requires a special permit with a combined recommendation from a joint meeting of the Historic District Commission and the Architectural Review Board. Ordinary maintenance and repair for which no building permit is required shall be exempted from this requirement provided there is no change to the exterior appearance of the building. This paragraph does not apply to buildings within the Village District Overlay. See §29A-9A Village District Overlay Site Plan Review.

29A-2.2.7

Bank drive-in within 500 ft. of another Drive-in Bank as permitted by §29A-2.3.3.

29A-2.2.8

Cottage Cluster Developments

§32 SUPPLEMENTARY USE REGULATIONS

32-29 Cottage Cluster Developments

The purpose of this section is to promote sustainable development practices through smaller, more efficient housing and effective use of residential land, increase the diversity of housing choices by allowing for a grouping of smaller, single-family dwellings on one lot, and to provide additional below market rate housing within Westport, located on lots owned by the Town of Westport. Further this section will provide centrally located and functional common open space that fosters a sense of community and openness within the cottage development.

Cottage Cluster developments are subject to a Special Permit & Site Plan approval in accordance with §43, herein and the following additional standards and safeguards.

32-29.1 Site Criteria

Sites for a potential Cottage Cluster development of single-family dwellings shall meet the following locational and size criteria:

1. The site shall be owned by the Town of Westport;
2. The site shall be zoned Res. AA, Res. A, GBD, RBD, BCD, or BCD/H non-residential zoning districts.
3. The site shall have at least 50 feet of street frontage on an Arterial Street as listed in the 2017 Plan of Conservation and Development;
4. The gross lot area shall be a minimum of three quarters (0.75) acres in size;

32-29.2 Building Area

The Building Area of the dwelling units shall not exceed an average of 850 square feet.

32-29.3 Setbacks

At the discretion of the Planning and Zoning Commission, no principal or accessory building, structure or use shall extend closer than fifteen (15) feet from any residential lot line and ten (10) feet from any non-residential lot line or road right-of-way.

39-24.4 Height

Principal buildings shall not exceed 2 stories and 26 feet in height. All building roofs must be pitched with a minimum slope of six to twelve (6:12).

32-29.5 Coverage

Building coverage shall not exceed 50% of the lot area. Total coverage shall not exceed 70% of the lot area.

32-29.6 Building Spacing

All principal buildings shall be at least 10 feet distance from one another.

39-24.7 Parking

Off-street parking shall be in the discretion of the Planning & Zoning Commission based on the applicant’s demonstration of site-specific factors that justify a lower standard, such as unit size, opportunities for transit service or anticipated number of residents.

Off-street parking is permitted in the setback along any non-residential lot line or road right-of-way.

32-24.8 Usable Open Space

At least 200 square feet of usable open space shall be provided on the site for each dwelling unit and shall be of a passive recreation nature suited to the needs of the residents.

Common open space shall be located with cottages abutting on at least two (2) sides and abutting a minimum of fifty percent (50%) of the cottages in the cluster.

39-29.9 Landscaping, Screening and Buffer Areas

Landscaping, screening and buffer areas shall be provided in accordance with §35 of the Supplementary Regulations provided that such buffers may include retaining walls; however, the minimum required front landscape area may be reduced to ten (10) feet in depth. Sidewalks shall be provided in accordance with §35-2.2.4 of the Supplementary Regulations.

39-29.10 CAP

No more than five (5) Cottage Cluster developments shall be permitted in Westport.

32-29.11 Affordability Requirement

All proposed units shall be affordable to households whose income does not exceed 80% of the State Median Income as provided by CT General Statutes §8-30g, and an affordability plan shall be required prior to the issuance of a Zoning Certificate of Compliance.

32-29.12 Design Standards

32-29.13.1       Cottages located adjacent to a street shall provide a covered entry feature with minimum dimensions of six (6) feet by six (6) feet facing the street.

32-29.13.2       Cottage facades facing the common open space or common pathway shall feature a roofed porch at least eighty (80) square feet in size with a minimum dimension of eight (8) feet on any side.

32-29.13.3       Cottages and accessory buildings within a particular cluster shall be designed within the same “family” of architectural styles. Examples include:

a.    Similar building/roof form and pitch.

b.   Similar siding materials.

c.    Similar porch detailing.                                    

d.    Similar window trim.

32-29.13.4       A diversity of cottages can be achieved within a “family” of styles by:

a.    Alternating porch styles (such as roof forms).

b.    Alternating siding details on facades and/or roof gables.

c.    Different siding color.

32-29.13    Septic System Review

The Conservation Department shall review any proposed septic systems beyond 7,500 gallons per day (which also requires approval from CT DEEP Subsurface Sewage Disposal Program) if proposed on, or adjacent to, properties with wetlands and watercourses

Notice of Decision  

Notice of Hearing