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Westport City Zoning Code

§24C GENERAL

BUSINESS DISTRICT/SAUGATUCK MARINA GBD/SM

(819, 01/12/2023) 

24C-1 Purpose

The purpose of the General Business District/Saugatuck Marina (GBD/SM) is to give priority to Water Dependent Uses (see §31-10.4) and encourage a mix of residential development including affordable housing on site or within a quarter-mile (see §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.(819, 01/12/2023) 

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. (819, 01/12/2023) 

24C-3 Lot Area (See §5, Definitions)

The minimum lot area required is 3,092 square feet.(819, 01/12/2023) 

24C-4 Setbacks (See also §24C-5, and §31-3 through §31-8)

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.(819, 01/12/2023) 

24C-5 Height

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.(819, 01/12/2023) 

24C-6 Coverage (See Definitions)

(819, 01/12/2023) 

24C-7 Building Spacing

The minimum space between buildings shall be as required by the applicable building code.(819, 01/12/2023) 

24C-8 Floor Area

(819, 01/12/2023) 

24C-9 Density

(819, 01/12/2023) 

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.(819, 01/12/2023) 

24C-11 Architectural Design

  • 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.   
  • Newly proposed roof-top mechanical equipment, other than solar energy panels, shall be concealed from all sides.
  • 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.
  • Non-residential principal uses shall have at least one main entrance which is publicly accessible from the street.
  • 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. 
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    Sample Renderings Depicting Preferred Design Aesthetic

     

     

     

     

     

     

     

     

     

     

     

     

     

     

    (819, 01/12/2023)

    24C-12 Signs

    Signs shall be permitted in accordance with §33 of the Supplementary Regulations.(819, 01/12/2023) 

    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

    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 1,000 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 50% Joint Parking, as defined in §34-8, for mixed retail, restaurant, hotel, residential, office use developments and all other permitted uses 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 and 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.  (819, 01/12/2023) 

    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.(819, 01/12/2023) 

    24C-15 Utilities

    (819, 01/12/2023) 

    24C-16 Reserved

    (819, 01/12/2023) 

    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:

    1. The maximum combined allowable floor area for all sites may be redistributed over all sites.
    2. The minimum overall required off-street parking for all sites may be satisfied by the combined parking on all sites, and a PMP.
    3. The maximum combined allowable coverage for all sites may be redistributed over all sites.
    4. Cross easements shall be established between integrated properties where necessary.(819, 01/12/2023) 

    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.  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. 

    1. 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 station house 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.
    1. 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.(819, 01/12/2023) 

    24C-19 INCENTIVE ZONING PROGRAM

    (819, 01/12/2023) 

    24C-2.1 Special Permit Uses

    (819, 01/12/2023) 

    24C-2.2 Accessory Uses

    Uses customarily accessory to a permitted principal use shall be permitted as follows:

    (819, 01/12/2023) 

    24C-2.3 Prohibited Uses

    (819, 01/12/2023) 

    24C-2.2.1

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

    24C-5.1

    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 thirty-five feet (35’) or lower, in order to maintain open view lines on Riverside Avenue.(819, 01/12/2023) 

    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 minimum of 5,000 square feet of outdoor space accessible to the public is provided on any Lot
    • At least seventy-five percent (75%) of the required on-site parking is provided underground, consistent with the standards in §24C-19.1;
    • The standards in the Step-Back Program described in Table 1 below are met.
    • 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'-99.9940' 60'
     100' - Riverside 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.

     

     

    (819, 01/12/2023)

     

     

    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(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    24C-6.2 Coverage Exemptions

    The coverage associated with open porches, decks, or balconies on residential Buildings 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.(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    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 Lot, or the integrated site as described in §24C-17, if applicable, FAR shall not exceed 2.15 with the incentives and/or bonuses subject to the discretion of the Planning and Zoning Commission.(819, 01/12/2023) 

    24C-8.3 Connected Buildings

    (819, 01/12/2023) 

    24C-9.1 Residential Density

    The maximum number of residential units per acre shall not exceed 18.(819, 01/12/2023) 

    24C-9.2 Hotel Density

    The maximum allowable density for Hotel keys shall not exceed 30 Hotel keys per gross acre(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    24C-15.1

    All utilities and conduits within the site for the Multiple Use Development, shall be underground.(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    24C-19.1 Underground Parking Bonus

    In order to encourage underground parking, a FAR bonus of 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.(819, 01/12/2023) 

    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 shall satisfy this requirement. (819, 01/12/2023) 

    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):

    1. 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.
    2. Retail Food Establishments.
    3. Restaurants.
    4. Cafes and taverns.
    5. Business, professional, insurance, real estate, and other offices.
    6. Banks.
    7. Indoor theaters with permanently affixed seating of no more than 100 seats.
    8. 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.
    9. Commercial wireless telecommunication service facilities, in conformance with §32-16.
    10. Hotels and/or Event Facilities, provided, 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. 
    11. Concealed parking structures. 
    12. Private recreational clubs. 
    13. Grocery stores and delicatessens.

    (819, 01/12/2023) 

    24C-2.2.1
    Outdoor storage and display is permitted in accordance with §32-6, herein.(819, 01/12/2023) 

    24C-2.2.2
    Outdoor Special Events are permitted in accordance with §32-23, herein.(819, 01/12/2023) 

    24C-2.2.3
    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.(819, 01/12/2023) 

    24C-2.2.4
    Game Rooms(819, 01/12/2023) 

    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.(819, 01/12/2023) 

    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. (819, 01/12/2023) 

    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, 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.(819, 01/12/2023) 

    24C-2.3.4
    The use of any multiple family dwelling unit for any Home Occupation, Level 1, or Home Occupation, Level 2 shall be prohibited.(819, 01/12/2023) 

    24C-2.3.5
    Parking structures and parking lots that are not concealed unless as an accessory use to a permitted principal use in the GBD/SM.(819, 01/12/2023) 

    24C-8.3.1
    For the purposes of §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.(819, 01/12/2023) 

    24C-8.3.2
    The floor area of each of the Sub-Buildings, including fifty (50%) percent of the Connection, shall not exceed 40,000 square feet.(819, 01/12/2023) 

    24C-8.3.3
    The Connection may be used for any use permitted by §24C-2 of these regulations.(819, 01/12/2023) 

    24C-8.3.4
    The floor area of the Connected Building shall be included in the overall calculation of the total FAR.(819, 01/12/2023)