SPECIAL NOTICE ABOUT PROCEDURES FOR THIS ELECTRONIC MEETING:

Pursuant to State law 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. The public may attend and offer testimony during the meeting by using the meeting link published on the agenda prior to the meeting. The meeting agenda is available at www.westportct.gov on the “Meeting List and Calendar” web page. Written comments may also be received prior to the Public Meeting and should be sent to PandZ@westportct.gov by 12:00pm on the day of the meeting if intended to be distributed for consideration by members of the Planning and Zoning Commission. Written comments received after 12:00pm on the day of the meeting will be entered into the record but will not be distributed until the next business day. Meeting materials submitted are available at www.westportct.gov, on the Planning and Zoning Department web page under “P&Z Pending Applications & Recent Approvals”.

Instructions to Attend ZOOM Meeting:

Phone: + 1 646 876 9923 US (New York)
Meeting ID: 817 8312 7376
Passcode: 102518                                                                                                                                                                                   ZOOM Link: https://us02web.zoom.us/j/81783127376?pwd=ZE1FTXlpb0dPL2xyVy9SWHF3YnN6Zz09

AGENDA Revision #1

PLANNING & ZONING COMMISSION

Monday, February 12, 2024, 7:00pm

Remote Meeting

I WORK SESSION                                                                                                                                                                                                                            (The following will be discussed and voted on as time permits. The public may observe the work session but may not participate.)

1. Interview with Potential New Alternate.
2. Approval of January Minutes: 1/08/24 and 1/22/24
3. Bond Release for 14 Hillandale Road, imposed by the P&Z Commission pursuant to Res. PZ-20-00820 for the 4-Lot Subdivision and new road.Request to release $363,484.00.
4. Bond Release for 6 Quarter Mile Road, imposed by the P&Z Commission pursuant to Res. #14-036 for Subdivision. Request to release $617.00. 

II PUBLIC HEARING

(The following will be discussed and voted on as time permits. The public may observe and participate at the public hearing.)

1. Text Amendment #841: #PZ-24-00010 submitted Atty. Enrico R. Costantini to modify §32-18.5(d) of the Zoning Regulations to allow certain properties located in the Residence A Zone, not including those in a Historic District regulated by the Historic District Commission, to be subdivided provided that the property contains a Historic Residential Structure that is at least 100 years old and the development on the new lot will not exceed the Total Coverage or Building Coverage that would otherwise be permitted under the Zoning Regulations.As proposed, any lot created under the proposed text amendment that does not contain a Historic Structure shall not be subject to the preservation requirements of §32-18.All lots created shall be at least 6,000 square feet in lot area.The amendment also adds language that provides that the age of a structure shall be determined by the Actual Year built as listed on the Tax Assessor’s Field Card consistent with language already in the existing regulations §32-18.5(d).Clarifying language is also proposed to §32-18.5(e) referencing the Commission’s authority to reduce dimensional requirement pursuant to 32-18.5(a).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. (Must open by 03/13/24) Application Presentation Time: 30 Minutes
2. Text Amendment #842: #PZ-24-00035 submitted by Rick Redniss of Redniss and Mead, to amend the Westport Zoning Regulations to modify the definition of General Development Plan in §5-2 to strikeout the word “final” before “site plan,” to provide clarity as there is no “preliminary” site plan; to modify standards in the Design Development District (DDD) No. 4 in §26 to increase allowable density for detached residential homes and impose a density limit, and impose a requirement that 30% of the homes shall be Special Needs Housing as described in §32-27 when property is north of the Merritt Parkway; and to modify §32-27, Special Needs Housing, to expand the location requirements to include privately-owned property in the DDD No. 4, north of the Merritt Parkway. The targeted benefitting property is 1 Glendinning Pl. 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.(Must open by 03/27/24) Application Presentation Time: 30 Minutes
3. 1 Glendinning Place: General Development Plan and Special Permit Appl. #PZ-24-00036 submitted by Rick Redniss for property owned by Glendinning Westport, LLC, to allow for construction of eight detached single family homes, and construction of two, multi-family buildings consisting of three units in each building for Special Needs Housing as described in §32-27 of the Zoning Regulations, for property in the Design Development District (DDD) No. 4, PID #C15026000. The three existing office buildings will remain as is. A waiver to omit Condition #2 of the Special Permit approval granted by the Planning and Zoning Commission in 1966 is also requested that requires, “The permit herein granted pertains specifically and solely to the proposed use as described and shown by Glendinning Co.’s Inc. and for no other purpose now or at any other time.”(Must open by 03/27/24) Application Presentation Time: 30 Minutes 

III. WORK SESSION

(The following will be discussed and voted on as time permits. The public may observe the work session but may not participate.)

New Business:

No new business.

Old Business:

No old business. 

Text Amendment #841/PZ-24-00010

Submitted: 1/5/24 Received: 1/8/24

Revised: 1/24/24

Public Hearing: ______

Adopted:  ______

Effective date:_______

Proposed Text Change, Submitted by FLB Law

Note: Proposed new language is shown in red, highlighted,  and underlined.  

  Proposed deletions are shown in [bracketed, struck through and highlighted]

32-18 Historic Residential Structure (HRS)

32-18.1 Purpose

The purpose of this regulation is to further the preservation, rehabilitation, restoration, reconstruction and/or adaptive re-use of historic structures containing existing special permit uses listed in §11-2.1 thru §11-2.2.13, historic residential structures and associated historic accessory structures in Westport residential districts. The P&Z Commission may, by grant of a Special Permit/HRS, authorize the use, setback, height parking, landscaping, coverage and lot area and shape incentives of this section in those circumstances where applicable zoning regulations have the practical effect of discouraging the preservation or continued use of historic buildings and historic accessory structures.

32-18.2 Definitions

32-18.2.1 Historic Structure

For the purposes of this regulation, a structure is considered historic if, as of the effective date of this regulation, it is located in Westport and meets at least one of the following criteria:

1. The structure or accessory structure is:
   1. A property listed or eligible for listing on the National or State Register of Historic Places or is a contributing historic resource in an established or eligible National or State Historic Register District; and
   2. Has been determined to be historic by the Historic District Commission (“HDC”) Administrator after consultation with the Historic District Commission or its designee.
2. The structure or accessory structure is a local Historic Landmark Property or a contributing resource in a local Historic District. Such Properties and Districts are listed in Chapter 63 of the Town Code.
3. The structure or accessory structure is:
   1. Listed on the Westport Historic Resources Inventory; and
   2. Has been determined to be historic by the HDC Administrator after consultation with the Historic District Commission or its designee.
4. The structure or accessory structure has been determined eligible for consideration under this Section by the Historic District Commission or its designee after consideration of including but not limited to the following standards:
   1. The structure is fifty or more years old.
   2. The property is associated with events or persons important to the history and development of the Town of Westport, State of Connecticut or the Nation.
   3. The property is associated with a famous person.
   4. The structure was designed by a significant architect.
   5. The structure is indicative of a significant architectural style or period.
   6. The structure contributes contextual significance to the historic or cultural value of the property

32-18.2.2 Alteration, Historic Structure

Any Regulated Activity in the Westport Historic Districts & Properties Handbook, or any relocation, demolition, restoration or reconstruction of the historic structure or historic accessory structure.

32-18.2.3 Scale

The relationship of a structure, as a whole to its neighboring structures, street and landscape. For the purposes of this regulation, neighboring structures are understood to be those located on properties within 250 feet of the subject property.

32-18.3 Application Requirements

An application for Site Plan and Special Permit/HRS shall be submitted as required under Section 44 of the regulations. In addition to Section 44, the applicant must submit the following:

1. Information sufficient to demonstrate that the structure or accessory structure meets any one of the criteria set forth in §32-18.2 (a) through (d) hereof.
2. Any proposed plans for alteration to the historic structure or historic accessory structure or its use.
3. All applications shall be accompanied by a perpetual preservation easement pursuant to Connecticut General Statutes, Section 47-42 a-c, enforceable by both the P&Z Commission and the Historic District Commission, which 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 or historic accessory 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.
4. Any application for alteration pursuant to (b) herein, shall be referred to the Historic District Commission and the Architectural Review Board for a combined recommendation from a joint meeting. Their guidelines for review will be the most recent Secretary of the Interior's Standards for the Treatment of Historic Properties, Standards for Rehabilitation.

32-18.4 Considerations

When considering a Special Permit/HRS application, the P&Z Commission shall consider and determine in each case whether:

1. The preservation of the historic structure or historic accessory structure is in the public interest and will promote the general health and welfare of the residents of the Town.
2. The proposal will permit the preservation and exterior historic integrity of the historic structure or historic accessory structure.
3. The historic structure or historic accessory structure will require height, setback, coverage parking, landscaping and/or lot area and shape incentives, provided that the number of existing parking spaces shall not be reduced, and, in the case of historic structures containing existing special permit uses or medical uses approved by the Zoning Board of Appeals, and/or historic accessory structures, use incentives to allow for its preservation, retention of its historic scale and/or its location on the property.(794, 08/13/2021)
4. The proposal will be contextually consistent with the architectural design, scale and massing of the subject structure as well as with its immediate surroundings. Scale is the primary consideration in determining whether a historic structure or historic accessory structure is compatible with its setting.
5. The proposal will not adversely affect public safety.
6. The proposal will be consistent with the current Town Plan of Conservation and Development and other Westport zoning regulations.
7. The proposal will be consistent with §44-6; Special Permit standards.

32-18.5 Commission Action

After the required public hearing is held and findings are made, the Commission may, at its sole discretion:

1. Allow an area or dimensional requirement (height, setback, coverage) and/or a parking or landscaping requirement (number, size or dimension) to be reduced or exceeded, provided that the number of existing parking spaces shall not be reduced.
2. Allow Home Occupations, Level 1 and Home Occupations, Level 2, and Accessory apartments in a historic accessory structure under such conditions as set forth in §32-18.8 hereof.
3. Allow limited office uses in one historic accessory structure containing an existing special permit use and allow expansion of medical use in one historic principal structure containing a medical use approved by the Zoning Board of Appeals under such conditions as set forth in §32-18.8, §32-18.9, §32-18.10, and 32-18.11, herein.(794, 08/13/2021)
4. Allow lot area and shape in Residence AAA, AA and A Districts to be reduced to an extent equal to the area and shape requirements of lots in the next less restrictive zoning district. Therefore, lots in the AAA zone can be reduced to not less than one (1) acre and lots in the AA zone can be reduced to not less than one-half (1/2) acre. Lots in the A zone can be reduced to not less than [one-quarter (1/4) acre] 6,000 square feet provided the shape requirements of lots in Residence B zone are met. The incentives in this subsection apply only to a lot on which there is either: (i) more than one (1) Historic Residential Structure and each new lot created under this subsection must contain at least one (1) Historic Residential Structure; or (ii) there is one (1) Historic Residential Structure on a lot: (x) located in a Residence A Zone; (y) that is not already located in a Local Historic District regulated by the Town of Westport Historic District Commission; and (z) that the Historic Residential Structure is 100 years old or older.Provided, however, that the development on the new vacant lot created under this 32-18.5(d)(ii) shall not exceed the Total Coverage or Building Coverage that would be permitted without any adjustments permitted under Section 32-18.5(a) relating to Coverage. The general requirements for subdivisions or re-subdivision under §51 of these Regulations shall continue to apply and the applicant may concurrently file an application under §51 and for the incentives listed in §32-18.5 hereof. A Lot created by this regulation that does not contain a Historic Structure shall not be subject to the preservation requirements of §32-18.The age of the structure shall be determined by the Actual Year Built (AYB) as listed on the Tax Assessor’s Field Card records and a historic residential structure shall be as defined in §32-18.2.

    

5. For lots in the Res AAA District that are either divided by the Aspetuck River OR are non-conforming to the minimum Gross Lot Area and Lot Shape and such lots are a minimum of 25,000 square feet of Gross Lot Area as of 6-12-16, to allow the Gross Lot Area to be reduced to no less than 10,000 square feet and a minimum of forty-percent (40%) of the original Gross Lot Area and the minimum required Lot Shape to be reduced to 60 feet x 80 feet. Required building height for new construction on both lots to be reduced per (vii) listed below and required building and lot coverage for new construction on both lots to be reduced per (viii) listed below. The setback requirements for both lots are to be reduced as allowed by §6-3.1, Non-Conforming Lots, Setbacks.
   1. One lot created under this subsection must contain at least one (1) historic residential structure as defined herein.
   2. The remaining portion of the original lot must have a maximum of sixty-percent (60%) of the original Gross Lot Area and the minimum required Lot Shape to be reduced to 60 feet x 80 feet.
   3. The incentives in §32-18 apply only to the lot on which there is at least one (1) historic residential structure 100 years old or older as of 6-12-16, the effective date of this change to this regulation.
   4. The remaining portion of the original lot is not regulated by §32-18.
   5. The age of the structure shall be determined by the Actual Year Built (AYB) as listed on the Tax Assessor’s Field Card records and a historic residential structure shall be as defined in §32-18.2.
   6. The general requirements for subdivisions or re-subdivision under §51 of these Regulations shall continue to apply and the applicant may concurrently file an application under §51 and for the incentives listed in §32-18.5 herein.
   7. Height

The maximum height of the principal building each lot shall be as follows unless such dimensional requirements are allowed to be reduced and/or increased pursuant to 32-18.5(a) hereinabove*: 

1. Coverage

The maximum coverage on each lot shall be as follows unless such dimensional requirements are allowed to be reduced and/or increased pursuant to 32-18.5(a) hereinabove*:

32-18.6 Conditions of Approval

Any Special Permit/HRS approved by the P&Z Commission under this regulation shall be consistent with the Secretary of Interior’s Standards for the Treatment of Historic Properties.

1. A copy of this document is available at the P&Z Dept. and online at: CT Trust for Historic Preservation. 
2. Prior to issuance of a Zoning Permit, the applicant shall grant a perpetual preservation easement pursuant to Connecticut General Statutes, §47-42 a-c, enforceable by both the P&Z Commission and the Historic District Commission, which 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 or historic accessory 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.
3. Any Special Permit/HRS granted under this regulation shall prescribe the specific conditions to be observed and exterior architectural elements (See Westport Historic Districts & Properties Handbook) which are to be maintained for the subject structure.

32-18.7 Alterations, Historic Structure

Once a Special Permit/HRS has been granted, the historic structure or historic accessory structure shall not be altered unless such alteration is reviewed by the HDC Administrator to evaluate whether HDC review is needed and is reviewed by the P&Z Commission or their designee to determine if approval is required from the P&Z Commission.

32-18.7.1

Any significant maintenance requirements to a historic structure or historic accessory structure covered by this regulation required to preserve its structural and historic integrity shall be completed by the owner within a reasonable period or within eighteen months of notification by the Zoning Enforcement Officer.

32-18.7.2

Emergency repairs may be made by the owner as a result of fire, flooding, or other similar type of damage. The Zoning Enforcement Officer shall be notified in writing not later than 72 hours after the repair or stabilization process is initiated. A plan for permanent repair must be submitted for review to the P&Z Office. This will include review by the HDC Administrator. The subject structure must be returned to its previous exterior appearance within eighteen months.

32-18.8 Change of Use

Any change in use of any historic structure or historic accessory structure which has an approved Special Permit/HRS under this regulation may only be authorized by application to, and approval by, the P&Z Commission. Said application shall contain all relevant information pertaining to the previously approved use and proposed change of use for the historic structure or historic accessory structure. The P&Z Commission shall determine if the proposed change in use is appropriate and in keeping with the intent of the original Special Permit/HRS granted for the subject structure according to the standards referenced in §32-18.4 hereof.

32-18.9 Permitted Uses of Historic Accessory Structure

32-18.9.1  Home Based Business:

Special Permit and Site Plan approval in accordance with Section 43 herein is required for the use of an historic accessory structure for a Home Based Business. All conditions associated with §11-2.4.6, Home Office, or §11-2.4.6A, Home Occupation, Level 1, or §32-21 Home Occupation, Level 2, as applicable are required to be met except as modified herein:

1. Location: the Home Based Business shall be incidental and clearly a secondary use of the residential use of the property.
2. Floor Area: the total interior floor area as of the effective date of this regulation may be devoted to a Home Based Business in an historic accessory structure.

32-18.9.2 Accessory Apartments:

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)

32-18.9.3 Annual Certification:

prior to the issuance of a Zoning Permit, a certificate in the form of an affidavit to verify that the principal owner is in residence or has inspected and performed necessary preservation maintenance or in possession of a special permit use for the subject property. Thereafter, the principal owner shall submit such notarized affidavit to the P&Z Office by January 31st of each year as a requirement for the continuance of the Special Permit/HRS.

32-18.9.4 Limited Offices -Principal Structures

One principal historic residence or portion thereof containing an existing medical office use approved by the Zoning Board of Appeals may be converted to limited medical office space subject to Special Permit and Site Plan Approval in accordance with §43 & §44, except as modified herein, provided that the following requirements are met:

1. Location: The site of the existing ZBA approved use:
   1. must have frontage on a collector or arterial street,
   2. must adjoin a commercial zoning district, and/or
   3. must be within 500 feet of a municipal (Town-owned) public parking lot.
2. Office Uses: The allowable medical office uses shall be limited to those uses authorized by ZBA variance.
3. Floor Area: The floor area devoted to the medical office shall not exceed the floor area approved by the ZBA unless otherwise authorized by the Commission but shall not exceed 50% of the total floor area of the building so it remains an accessory use.
4. Fire Code: Limited Office Use spaces in all residential occupancies shall comply with the requirements for Business Occupancies as required by the Connecticut State Fire Safety Code in effect at the time of application.
5. Parking: 2 spaces in addition to the requirement for the Dwelling Unit plus additional parking shall be provided as determined by the P&Z Commission.
6. Signage: One free-standing sign or wall sign not to exceed two (2) square feet in area nor six (6) feet in height, identifying the name and address of the occupant of a Dwelling and/or a Home Occupation.(794, 08/13/2021)

32-18.9.5 Limited Offices – Accessory Structures

One historic accessory structure or portion thereof containing an existing special permit use may be converted to limited office space subject to Special Permit and Site Plan Approval in accordance with §43 & §44, except as modified herein; provided that the following requirements are met:

1. Location: The existing Special Permit site (lot):
   1. must have frontage on a collector or arterial street,
   2. must adjoin a commercial zoning district, and
   3. must be within 500 feet of a municipal (Town-owned) public parking lot.
2. Office Uses: The allowable office uses shall be limited to business, professional or other administrative offices accessory to and directly associated with the existing Special Permit Use. Healthcare offices, medical offices, banks and retail uses shall be excluded
3. Floor Area: The floor area devoted to limited office uses shall not exceed either; 5,100 square feet, 60% of the total existing floor area within the accessory historic structure or 20% of the total existing floor area on the site, whichever is less,

(794, 08/13/2021) 

32-18.10 Affordable Accessory Apartment in Historic Accessory Structure Requirement

32-18.10.1

The income of the occupant(s) of any Affordable Accessory structure shall not exceed 80% of the state median adjusted for family size, as determined by the United States Department of Housing and Urban

Development for the State of Connecticut, in accordance with CGS 8-30(g). The rental charge for this unit shall not exceed 30% of the renters’ income.

32-18.10.2

In conjunction with an application for approval of a Special Permit for an affordable accessory apartment in an historic accessory structure, the applicant shall submit an Affordability Plan, in accordance with CGS §8-30(g) which shall describe how the regulations regarding affordability will be administered. The plan shall include provisions for administration of and compliance with the income of the occupant of the affordable unit and the rent charged. It shall also include procedures for verification and yearly confirmation to the P&Z Dept. of the unit occupancy income in compliance with the affordability requirements and an explanatory statement that will be provided to the occupant of the affordability unit of the restrictions on income and rent for the unit. In addition, it must include notice procedures to the general public of the availability of the affordable unit.

32-18.11 Permitted Use of Historic Principal Structure

One principal historic residence or portion thereof containing an existing medical office use approved by the Zoning Board of Appeals (ZBA) may be expanded subject to Special Permit and Site Plan Approval in accordance with §43 & §44, except as modified herein, provided that the following requirements are met:

1. Location: The site of the existing ZBA approved use:
   1. must have frontage on a collector or arterial street,
   2. must adjoin a commercial zoning district, and/or
   3. must be within 500 feet of a municipal (Town-owned) public parking lot.
2. Floor Area: The floor area devoted to the medical office shall not exceed the floor area approved by the ZBA unless otherwise authorized by the Commission but shall not exceed 50% of the total floor area of the building so it remains an accessory use.

(794, 08/13/2021)

January 17, 2024

Revised January 19, 2024

Submitted by Redniss and Mead

Proposed Text Change

Note:    Proposed new language is shown highlighted and underlined.

            Proposed deletions are shown [bracketed and struck through].

To Amend §5-2 Specific Terms, to read as follows:

General Development Plan (GDP)

A plan intended to establish base parameters for site and architectural design pursuant to applications necessary to allow the Planning and Zoning Commission to review and approve a general plan for development or redevelopment of property prior to [final] site plan review and approval at a public hearing by the Planning and Zoning Commission. At the discretion of the Planning and Zoning Commission, documents generally consistent with §44-1 shall accompany the GDP, Special Permit, and Site Plan applications. Approvals pursuant to §44-2 shall be obtained prior to [final] site plan approval. Applications for GDP shall be subject to a public hearing and reviewed in accordance with §44-3.(827, 08/27/2023)

To Amend §26 (Designed Development District), to read as follows:

26-1 Purpose

The purpose of the Design Development District (DDD) is to allow for the compatible design of commercial, residential, office, and industrial development.

26-1.1 Establishment of District

Design Development Districts, proposed after November 1, 1975 may no longer be established in the Town of Westport.

26-1.2 Designation

Whenever any such Design Development District is established, its designation shall be accompanied by another designation of Residence A, AA or AAA. Such designation shall indicate the class of zoning standards under which residential lots may be established in a Design Development District and shall correspond to the zoning classification of residential areas in the vicinity of such districts.

26-1.3 Removal

After August 11, 1980, no Change of Zone or Special Permit application under the provision of this section shall be granted within the Town of Westport, except for; a) the development of Inclusionary two-family and multi-family dwelling units in the Design Development District #2 which is permitted subject to the provisions in §32-12 [and], b) applications to amend Special Permits approved prior to the effective date of this amendment in a Design Development District #4, provided that such amendments shall not increase Total Coverage by more than 10% of Total Coverage existing on the lot effective date of this amendment (4-14-2014), and further provided that Building Coverage shall not exceed 10% of net lot area; [and] c) applications for new Special Permits in a Design Development District #3, provided there is no change to Building or Total Coverage, or  d) applications for new Special Permits in Design Development District #4 for residential as outlined in §26-2.14 below.

The specific sections affected are §26-1.1 through §26-12, inclusive.

26-2 Exception - Active

Existing Design Development Districts (DDD) 2, 3, and 4 in effect prior to November 1, 1975, shall comply with the following standards and requirements:

26-2.1 District Area

The boundaries of existing Design Development Districts (DDD) Nos. 2, 3, and 4, in effect prior to November 1, 1975, may be modified from time to time; except that no such district shall be less than four (4) acres in area for DDD No. 2, three (3) acres for DDD No. 3, and ten (10) acres in area for DDD No. 4.

26-2.2 Permitted Usesn

The following uses are permitted in the respective district (DDD) subject to Special Permit and Site Plan approval in accordance with §43, herein.

26-2.2.1 DDD No. 2

1. Any use permitted in a Business District.
2. Any use permitted in a Residence AAA District.
3. Warehouses in conjunction with commercial and research uses, and motels.
4. Inclusionary two-family and multi-family dwelling units subject to the provisions of §32-12, herein.

26-2.2.2 DDD No. 3

1. General business offices, Medical offices, and Healthcare Professional offices provided, however, the Floor Area of Medical offices and Professional Healthcare offices shall not exceed 65,000 square feet or occupy more than one building on any one Lot.
2. Any use permitted in Residence AAA District.

26-2.2.3 DDD No. 4

1. Research laboratories and uses devoted to scientific research and development and any investigative activity of a scientific or technical nature not otherwise prohibited herein.
2. General business offices which house the administrative functions of a business and do not dispense a service directly to the public, i.e., corporate headquarters.
3. Any use permitted in a Residence AAA District.
4. Residential development that exceeds more than one (1) single-family dwelling per lot following the standards of §26-2.14 below.

26-2.2.4 Accessory Uses in DDD Nos. 2, 3 and 4

1. Uses customarily accessory to a permitted principal use, including the manufacturing, processing or assembly of goods which is clearly incidental to the conduct of a retail business conducted on the premises, subject to the provisions of §32-7, herein.
2. All display or storage of goods, merchandise or supplies shall be located within a building.
3. Within a DDD #2 only, one attached or detached dwelling unit, provided the density does not exceed 20 bedrooms per acre.
4. Within a DDD #4 only, one dwelling unit per principal building to be occupied by a resident gatekeeper, caretaker or maintenance person.
5. Commercial Wireless telecommunication service facilities, in conformance with §32-16.

26-2.3 Lot Area and Shape

Commercial buildings shall have a minimum lot area of one (1) acre (43,560 square feet). Residential buildings shall conform to the minimum lot size designated for a single-family dwelling in the applicable Residence District, except as per §26-2.14 below.

26-2.4 Setbacks (See §31-4 through §31-8, also.)

No principal or accessory building, structure or use shall extend closer than fifty (50) feet from any front lot line, or Residential District Boundary Line and thirty (30) feet from any other side or rear lot line.

26-2.5 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.

26-2.6 Height

No building or other structure shall exceed two (2) stories and a height of either twenty-five (25) feet to the top of a flat roof or thirty (30) feet to the mid-point of a pitched roof.

26-2.7 Coverage

The building coverage shall not exceed ten percent 10%) of the net area of the lot which lies within the DDD.

26-2.8 Building Area

No mandatory requirements.

26-2.9 Floor Area

No buildings or structures shall exceed a Floor Area Ratio (FAR) of 0.15 on the area of the lot which lies within the Design Development District (DDD) zone. Floor area used for parking and loading shall be excluded from the FAR.

26-2.10 Architectural Design

The architectural design, scale and mass of building and other structures, including, among other elements, the exterior building material, color, roof-line, and building elevation shall harmonize and be compatible with the neighborhood, so as to protect property values in the neighborhood and to preserve and improve the appearance and beauty of the community.(813, 03/27/2023)

26-2.11 Signs

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

26-2.12 Parking and Loading

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

26-2.12.1

An unobstructed view of at least two hundred fifty (250) feet along the major traffic artery shall be provided for entering and exiting traffic on all driveway openings.

26-2.13 Landscaping, Screening and Buffer Areas

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

26-2.14 Residential

Applicants may elect to pursue a General Development Plan simultaneously with a Special Permit provided the following special standards are satisfied:

26-2.14.1 Location

Properties eligible for this section shall be North of the Merritt Parkway.

26-2.14.2 Height

No residential building shall exceed three stories (3) and a height of thirty-five (35) feet.   

26-2.14.3 Density

Notwithstanding §26-2.3, the maximum number of dwelling units shall not exceed one (1) unit per gross acre.

26-2.14.4 Affordability Requirement

A minimum of thirty percent (30%) of all residential units shall be provided as Special Needs Housing and supportive affordable staff pursuant to §32-27.4.

To Amend §32-27 (Special Needs Housing), to read as follows:

32-27 Special Needs Housing

Housing for Special Needs Individuals is important to meet the Westport Plan of Conservation Development goals to allow qualified 501(c)3 non-profit organizations specializing in providing special needs services in residential settings to help address the housing needs of Westport. Such housing enables persons with special needs to live in Westport and contribute to the community through employment and other opportunities. Special Needs Housing encourages the adaptive reuse of existing town owned buildings and shall require a Special Permit and Site Plan Approval. Applicants may elect to pursue a General Development Plan simultaneously with a Special Permit on sites in the DDD#4 District north of the Merritt Parkway. (778, 06/03/2020; 813, 03/27/2023) (778, 06/03/2020; 813, 03/27/2023)

32-27.1 Location

Special Needs Housing shall be located within an existing building in the Residence A District on Town owned property, or in the DDD#4 District north of the Merritt Parkway. (778, 06/03/2020) 

Notice of Hearing