The finished side of the fence shall face the adjacent lot or street, except along a lot line adjoining a non-residential lot or a lot line directly adjacent to wetlands. In most cases, the finished side of a fence shall be the side opposite the fence post.(806, 01/07/2022)

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. (799, 09/15/2021) 

1. Liquor establishments in Residential Districts that have a valid liquor permit issued by the Connecticut Liquor Control Commission as of the effective date of this regulation August 9, 2010.

2. Notwithstanding anything to the contrary in Chapter 6, Section(s) 11-2, 12-2, 13-2, 14-2 and 18-2 of these Regulations, Retail Food Establishments existing in a residential zone prior to September 1, 2024, provided the operator of such Retail Food Establishment may not allow for liquor sales after 9 p.m. and such liquor sales shall not exceed fifty (50%) percent of the total gross sales of such Retail Food Establishment (percentage of gross sales derived from the sale of liquor) to be verified by the operator annually by filing an affidavit with the Planning & Zoning Department; or

3. Special Events that obtain a temporary liquor permit approved by the P&Z Director, the Police Chief and issued by the Connecticut Liquor Control Commission. (843, 06/17/2024; 846, 12/12/2024)

1. open space easement for passive public use;
2. pedestrian access easement;
3. vehicular access easement and additional public parking;
4. conservation easement for natural preservation;
5. view land/vistas preservation easement;
6. canoe and/or boat ramp;
7. fishing pier;
8. marina and boat docks;
9. dry-dock boat storage; and
10. boat rentals.

The following uses, activities and project shall be exempt from the coastal site plan review requirements of §22a-105 through §22a-109 of the Conn. General Statutes.

1. To protect life and property from the ravages of flooding;
2. To control development in areas which are subject to flooding; and
3. To enable the Town of Westport to continue its eligibility for federal flood insurance and, in doing so, to meet the minimum standards set forth by the Federal Emergency Management Agency.

(759, 02/10/2019)

The Special Flood Hazard Areas (SFHA) are those identified by the Federal Emergency Management Agency (FEMA) in its Flood Insurance Study (FIS) for Fairfield County, Connecticut, dated July 08, 2013, and accompanying Flood Insurance Rate Maps (FIRM), dated July 08, 2013 (Panels 09001CIND0B, 09001C0413G, 09001C0414G, 09001C0418G, 09001C0532G, 09001C0534G, 09001C0551G, 09001C0552G, 09001C0553G, 09001C0556G), and June 18, 2010 (Panels 09001C0392F, 09001C0394F, 09001C0403F, 09001C0404F, 09001C0411F, 09001C0412F, 09001C0416F and other supporting data applicable to the Town of Westport, and any subsequent revisions thereto, are adopted by reference and declared to be a part of this regulation. Since mapping is legally adopted by reference into this regulation it must take precedence when more restrictive until such time as a map amendment or map revision is obtained from FEMA.

The Special Flood Hazard Areas include any area shown on the FIRM as Zones A, AE,Coastal AE and VE, including areas designated as a floodway on a FIRM. Zone VE and Coastal AE are also identified as a Coastal High Hazard Area. Special Flood Hazard Areas are determined utilizing the Base Flood Elevations (BFE) provided on the Flood profiles in the FIS for a community. BFEs provided on a FIRM are only approximate (rounded up or down) and should be verified with the BFEs published in the FIS for a specific location. The elevation of the Base Flood (100 year flood) shall be known as the Base Flood level. The Flood Insurance Study and Flood Insurance Rate Maps are on file in the office of the Town Clerk. (759, 02/10/2019)

1. That the floodplain is the only practicable location for such project and
2. That the proposed project is designed so as to minimize any flood hazard with the floodplain; and
3. That proposed building sites will be reasonably safe from Flooding.

1. 450 feet for Residence    AAA District
2. 350 feet for Residence   AA District
3. 250 feet for Residence   A District
4. 125 feet for Residence   B District

The above exemptions from coastal site plan review requirements shall apply to all applications to the P&Z Commission for Special Permit and Site Plan Review pursuant to §43 herein and requests to the Zoning Board of Appeals for a Variance.(813, 03/27/2023)

1. Location and spatial relationship of coastal resources on and contiguous to the site;
2. A project description including location, design, timing and methods of construction;
3. An assessment of the capability of the resources to accommodate the proposed activity;
4. An assessment of the suitability of the project for the site;
5. An evaluation of the potential, beneficial and/or adverse impacts of the project;
6. A description of proposed methods to mitigate adverse effects on coastal resources;
7. Reasons why the adverse impacts of the proposed activity are acceptable;
8. A statement of how such activity is consistent with the goals and policies of the CAM Act;
9. A sedimentation and erosion control plan shall be submitted for all projects, activities and uses requiring site plan review pursuant to §31-10.5 herein involving ground disturbance.

Any required Environmental Assessment or Environmental Impact Statement shall consider:

1. The physical and environmental characteristics of the site.
2. The potential effects, both beneficial and adverse, of the proposed activity on coastal resources and future water dependent development opportunities.
3. All applicable goals and policies of the CAM Act, and identify conflicts between the proposed activity and any goal or policy.

PWA will be required as part of any Coastal Site Plan review for any Special Permit Use or sites located in Non-Residential Zones that are adjacent to the Saugatuck River. However, the Planning & Zoning Commission during the course of a public hearing may waive the need for PWA if requested by an applicant.

Each PWA will differ depending on topography and/or geological circumstances, but shall satisfy the following design guidelines:

1. Pedestrian Corridors - Linear pedestrian connections shall be established or continued from the public street level to the shoreline and along the waterfront. A minimum six (6) foot wide path shall be provided unless deemed unnecessary by the Planning and Zoning Commission.
2. Parking - Signed and delineated public parking spaces shall be provided and shall be located on site between the public street and the waterfront unless specifically modified by the Planning and Zoning Commission. The number of actual spaces shall be not less than 1 parking space per 100 linear feet of water frontage as measured generally parallel to the waterfront, or 1 parking space per 10,000 square feet of floor area, whichever is greater.
3. Signage - Uniform informational, interpretive and locational signs shall be included within each public waterfront access component. Signage may be required to be both on site and adjacent to the site within public rights-of-way. Signage shall be consistent with §33-11 herein and the Coastal Public Access Sign Catalog provided by the Connecticut Department of Energy and environmental Protection.
4. Handicap Accessibility - Where feasible, handicap accessibility to the waterfront shall be provided.
5. Sustainable Design - PWA facilities, including walkways, permeable paths, timber boardwalks, interpretive signage, protective railings, and ornamental landscaping, shall be designed and constructed of quality, sustainable materials requiring minimal maintenance.
6. Site Amenities - Site amenities such as landscaping, historical or interpretive signage, benches, stationary binoculars, small rain or sun shelters, fishing piers, commercial fishing docks, and public boat slips are encouraged to be incorporated into the PWA.
7. Site amenities shall not be counted in calculating coverage subject to approval from the Planning and Zoning Commission.
8. At least 25% of the frontage of any site adjacent to the water shall allow views of the water from the street. These views shall not be blocked by landscaping, fencing or walls.
9. Public pedestrian access to the water and a Riverwalk along the water shall be provided on all sites adjacent to the water.

1. consistent with all applicable goals and policies of the CAM Act;
2. Incorporates as conditions or modifications all reasonable measures which would mitigate the adverse impacts of the proposed activity on both coastal resources and future water dependent development activities.

1. For the purpose of these regulations, the applicant shall provide the elevations, in relation to mean sea level, of the lowest floors (including basements or cellars) of all new construction or substantially improved structures. In Coastal High Hazard Areas (VE and Coastal AE zones), the applicant shall provide the elevation of the bottom of the lowest horizontal Structural member for all New Construction or substantially improved Structures. If a structure has been flood proofed, the applicant shall provide the elevation, in relation to mean sea level, up to which the structure was flood proofed. (759, 02/10/2019)
2. A record of all such flood elevation information shall be maintained by the Floodplain Coordinator. 

In all Special Flood Hazard Areas, designated as Flood Zone A, Flood Zone AE, Flood Coastal AE, and Flood Zone VE the following provisions shall apply:

1. Proposed developments shall be reviewed to assure that all necessary permits have been received from those governmental agencies from which approval is required by Federal or State law, including §404 of the Federal Water Pollution Control Act as well as all other local regulations and ordinances.
2. Zoning Permits shall be required for all new construction, substantial improvements (including the placement of prefabricated buildings, manufactured homes, and mobile homes), and other development and all of the above shall:
   1. be designed (or modified) and adequately anchored to prevent flotation, collapse, or lateral movement of the structure,
   2. be constructed with materials and utility equipment resistant to flood damage, and
   3. be constructed by methods and practices that minimize flood damage.
3. New construction, substantial improvements, and repair to structures that have sustained substantial damage shall be constructed with materials and utility equipment that are flood-damage resistant and conform to the provisions of FEMA Technical Bulletin 2 as amended, Flood Damage-Resistant Materials Requirements.  This includes, but is not limited to, flooring, interior and exterior walls, wall coverings and other materials installed below the base flood elevation plus one (1.0) foot.
4. Where floodproofing is utilized for a particular structure, a professional engineer or architect, licensed by the State of Connecticut shall certify that the flood proofing methods are adequate to withstand the flood depth, pressures, velocities, impact and uplift forces and other factors associated with the base flood. A record of each certificate indicating the specific elevation (in relation to mean sea level) to which said structure is floodproofed, shall be maintained by the Floodplain Coordinator.
5. New and replacement water supply and sanitary sewer systems shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into flood waters. On-site sewage disposal systems shall be located and constructed to avoid impairment to them or contamination from them during flooding. 
6. The bottom of all electrical, heating, plumbing, ventilation and air conditioning equipment, appliances, fire alarm/home security control boxes and power supplies, fixtures and components, HVAC duct work and duct systems, and any other utility service equipment, facilities, machinery, or connections servicing a structure shall be elevated one (1.0) foot above the base flood elevation (BFE).  This includes, but is not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation duct work, washer and dryer hook-ups, electrical junction boxes, and circuit breaker boxes.  Systems, fixtures, equipment and components shall not be mounted on or penetrate through breakaway walls intended to fail under flood loads.  Connections or other equipment that must be located below the BFE plus 1.0 foot elevation are permitted only when no other elevation alternative is available and provided they are designed and installed to prevent water from entering or accumulating within the components and to resist hydrostatic and hydrodynamic loads and stresses, including the effects of buoyancy, during the occurrence of the base flood event.
7. Prior to any alteration or relocation of any watercourse designated on the Flood Insurance Rate Map (FIRM) the applicant shall notify the Conservation Commission, Flood and Erosion Control Board (F&ECB), RTM, Town Engineer, Connecticut Department of Energy and Environmental Protection (DEEP), Conn. Coordinating Office and each adjacent community and shall submit copies of such notifications to the Floodplain Coordinator. The flood carrying capacity within an altered or relocated portion of any such watercourse shall be maintained.
8. Alternative vehicular access and escape routes should be provided for all new and substantially improved non-residential structures when normal routes would be blocked or destroyed by flooding.
9. If any portion of a structure lies within the Special Flood Hazard Area (SFHA), the entire structure is considered to be located within the SFHA and must meet the construction requirements of the flood zone. The structure includes any structurally attached additions, garages, decks, porches, sunrooms, patios or any other structure attached to the main structure.  
10. If a structure lies within two or more flood zones, the construction standards of the most restrictive zone apply to the entire structure (i.e., VE zone is more restrictive than AE zone; structure must be built to the highest BFE).  The structure includes any structurally attached additions, garages, decks, porches, patios, sunrooms, or any other structure attached to the main structure.  

In all special flood hazard areas designated as Flood Zone A (Unnumbered), the following additional standards shall apply:

1. The Zoning Enforcement Officer shall require the applicant to obtain and utilize any base flood elevation and floodway data available from a Federal, State, Town or other source. The applicant shall use said data as criteria for ascertaining that:
   1. all new construction and substantial improvements of residential structures have the lowest floor (including basement or cellar) elevated at least one (1.0) foot above the base flood level, and
   2. all new construction and substantial improvements of non-residential structures have the lowest floor (including basement or cellar) elevated or floodproofed at least one (1.0) foot above the base flood level​.
2. In A Zones, where base flood elevations have been determined, but before a floodway is designated, require that no new construction, substantial improvement or other development (including fill) be permitted, which would increase base flood elevations more than one (1) foot at any point along the watercourse, when all anticipated development is considered cumulatively with the proposed development.

In all special flood hazard areas designated as Flood Zones AE the following additional standards shall apply:

1. All new construction and substantial improvements of residential structures shall have the lowest floor (including basement or cellar) elevated at least one (1.0) foot above the base flood level.
2. All new construction and substantial improvements of non-residential structures shall:
   1. have the lowest floor (including basement or cellar) elevated at least one (1.0) foot above the base flood level, and

   2. together with attendant utility and sanitary facilities, shall be designed so that below the base flood level plus 1 foot the structure is watertight with walls substantially impermeable to the passage of water and with structural components of resisting the hydrostatic and hydrodynamic loads and effects of buoyancy. Where flood proofing is utilized for a particular structure in accordance with this section, a registered professional engineer or architect shall certify that the flood proofing methods are adequate to withstand the flood depths, pressures, velocities, impact and uplift forces and other factors associated with the base flood plus 1 foot, and a record of such certificates indicating the specific elevation (in relation to mean sea level) to which such structures are flood proofed, shall be filed with the Zoning Enforcement Officer.

3. Encroachments, including fill, new construction, substantial improvements, and other developments within the adopted regulatory floodway, that would result in any increase in flood levels within the community during the occurrence of the base flood discharge, be prohibited.
4. The placement of any manufactured homes or mobile homes, within the adopted regulatory floodway, shall be prohibited.

In all coastal high hazard zones, designated as Flood Zones Coastal AE and V the following additional standards shall apply:

1. All New Construction and Substantial Improvements shall be located landward of the reach of the Connecticut Coastal Jurisdiction Line as defined in CGS 22a-359 as amended by Public Act 12-101, except for accessory docks, landings, ramps, piers and boathouses.
2. New construction and substantial improvements.
   1. All new construction and substantial improvements shall be elevated on footings, pilings or columns, and securely attached to such footings, pilings or columns so that the bottom of the lowest horizontal structural member (excluding the footings, pilings or columns) shall be elevated at least one (1.0) foot above the base flood level;
   2. All such footings, pilings or columns and the attached structures shall be constructed and adequately anchored to resist flotation, collapse and lateral movement due to the effects of wind and water loads acting simultaneously on all building components. The anchoring and support system shall be designed with wind and water loading values required by applicable State Building Codes;
   3. A professional engineer or architect licensed in the State of Connecticut shall certify that the structure is adequately secured to said footings, pilings or columns in accordance with the State Building Code in order to withstand high velocity water and hurricane wave wash;
   4. The space beneath the lowest floor shall not be designed, intended or otherwise used for either human habitation or electrical and heating equipment and said space should be free of obstructions.
   5. Non- supporting breakaway walls, lattice work or mesh screening shall be allowed below one (1.0) foot above the Base Flood Elevation provided it is not part of the structural support of the Structure and is designed so as to break away, under abnormally high tides or wave action, without damage to the structural integrity of the Structure on which it is to be used and provided the following design specifications are met:
      1. Design safe loading resistance of each wall shall not be less than ten (10) pounds per square foot or more than twenty (20) pounds per square foot; or
      2. If more than twenty (20) pounds per square foot, a licensed professional engineer or architect shall certify that the design wall collapse would result from a water load less than that which would occur during the Base Flood event, and the elevated portion of the building and supporting foundation system shall not be subject to collapse, displacement, or other structural damage due to the effects of wind and water loads acting simultaneously on all building components prior to or during the collapse of such wall.
3. Areas enclosed by breakaway walls shall contain hydraulic flood vents per the requirement §31-11.5.2.
4. The use of fill for the structural support of buildings shall be prohibited.
5. The placement of manufactured homes or mobile homes, except in existing mobile home parks, is prohibited. Manufactured homes or mobile homes placed in existing mobile home parks shall be elevated so that the bottom of the lowest horizontal structural member is elevated at least one (1.0) foot  above the Base Flood Elevation (BFE). The manufactured home must also meet all the construction standards for Zone VE as per §31-11.3.5. Recreational vehicles placed on sites within Zone VE shall either be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use, or meet all the general standards of §31-11.3.2, the VE Zone construction requirements of §31-11.3.5, and the anchoring requirement of §31-11.4.2. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions.
6. Man-made alteration of sand dunes which would increase potential flood damage is prohibited.

1. The existing and projected storm water runoff and/or tidal flooding shall be calculated for both the proposed project and the affected drainage basin.
2. The potential for flood damage to adjacent buildings or structures shall not be increased.
3. The velocity or volume of flood waters shall not be adversely altered.
4. Flooding upstream or downstream of the project shall not be significantly increased.
5. Surface run-off increases shall be retained or detained on-site whenever possible and where ever appropriate.
6. Buildings and structures shall be adequately designed and/or protected against flood hazards.
7. The capacity and function of the floodplain shall not be adversely affected.
8. The proposed project location and design shall be acceptable to the Town Engineer and if the Town Engineer determines that Flood and Erosion Control Board review is required the project must also be acceptable to the F&ECB.

In all special Flood Hazard Areas designated as Flood Zone A or AE the following provision shall apply to elevated buildings:

1. New construction or substantial improvements of elevated buildings that include fully enclosed areas formed by foundation and other exterior walls below one (1.0) foot above the base flood elevation shall be designed to preclude finished living space and designed to allow for the entry and exit of floodwaters to automatically equalize hydrostatic flood forces on exterior walls.
2. Designs for complying with this requirement must either be certified by a professional engineer or architect as meeting the requirements of ASCE 24 Section 2.7.2.2 or meet the following minimum criteria:
   1. Provide a minimum of two openings (hydraulic flood vents) having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding.
   2. The bottom of all openings shall be no higher than one (1) foot above grade.
   3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided they permit the automatic flow of floodwaters in both directions.
   4. The foundation slab of a residential structure, including the slab of a crawl space, must be set equal to the outside finished grade on at least one side of the building.
   5. Fill placed around foundation walls must be graded so that the elevation inside the enclosed area is equal to or higher than the adjacent outside elevation on at least one side of the building.
   6. Flood openings are not required if the grade inside the foundation walls is above the base flood elevation; and Flood Opening are required in garages unless the garage floor is above the base flood elevation.
3. Electrical, plumbing, and other utility connections are prohibited below the base flood elevation.
4. Access to the enclosed area located below the BFE plus one (1.0) foot shall be the minimum necessary to allow for parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).
5. The enclosed area located below the BFE plus one (1.0) foot cannot be used as finished living space.  Use of this enclosed area shall be the minimum necessary and shall only be used for the parking of vehicles, building access or limited storage.  Access to the enclosed area shall be the minimum necessary to allow for the parking of vehicles (garage door) or limited storage of maintenance equipment used in connection with the premises (standard exterior door) or entry to the living area (stairway or elevator).  The enclosed area shall not be used for human habitation.
6. All interior walls, floor, and ceiling materials located below the BFE plus one (1.0) foot shall be unfinished and flood damage-resistant in accordance with FEMA Technical Bulletin 2 as amended, Flood Damage-Resistant Requirements.
7. Electrical, plumbing, HVAC duct work, machinery or other utility equipment and connections that service the structure (including, but not limited to, furnaces, oil or propane tanks, air conditioners, heat pumps, hot water heaters, ventilation, washer and dryer hook-ups, electrical junction boxes, circuit breaker boxes and food freezers) are prohibited in the fully enclosed area below the BFE plus one (1.0) foot.  Utilities or service equipment located in this enclosed area, even if elevated to one (1.0) foot above the BFE in the space, may subject the structure to increased flood insurance rates.