Such commercial, recreational and unregistered vehicles shall not be located in the front yard area and shall be garaged or suitably screened from view on all sides during all seasons of the year. There shall be no mechanized construction equipment stored on residential premises.

The purpose of this section is to increase the diversity of housing choices and to provide additional below market rate housing within Westport. In order to implement this purpose, at least twenty percent (20%) of the floor area of all residential units shall be deed restricted as affordable and at least twenty-percent (20%) of all proposed residential units shall be deed restricted as affordable in accordance with CT General Statutes §8-30g.

For use of Town-owned property including sidewalks, parking spaces, roads, or road right-of-way, or for Mobile Food Trucks, contact the Selectwoman’s Office for their approval process:

1. Required Planning and Zoning Approvals. A Site Plan Waiver application shall initially be submitted to the Planning and Zoning Office and is eligible for approval by the Planning and Zoning Director pursuant to §43 and will be subject to obtaining a Zoning Permit. After the initial Site Plan Waiver is granted, the use shall be subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year thereafter provided there are no changes, or a new Site Plan Waiver must be obtained.

2. Required Other Department Approvals. Prior to submission of a Site Plan Waiver application, an Outdoor Patio approval must be obtained directly from:

a. The Aspetuck Health District.

b. The Fire Marshal’s Office.

c. The Building Department if proposing to use sidewalk areas.

d. The Police Department for any Outdoor Eating Areas that abut driveways, parking lots and streets or are located within parking areas.

3. Location. Outdoor Eating Areas may be located on privately-owned property as follows: On-site, or on an abutting property with the approval of the property owner, in either case subject to providing a pathway constructed in compliance with Federal ADA requirements that is at least four-feet wide.

a. Outdoor Eating Areas may be located on a privately-owned sidewalk in front of the Principal use, provided a four-foot-wide clear path shall be maintained consistent with the federal ADA requirements.

b. Outdoor Eating Areas may be located within parking areas to support the Principal use provided a Barrier Protection Plan is submitted that is subject to approval by the Westport Police Department.

c. Fire Department Appurtenances. No Outdoor Eating Area or related Structure shall impede access to fire hydrants, fire lanes, or fire department connections

4. Size. The Outdoor Eating Area shall not exceed 75% of the total Floor Area of the Principal use.

5. Parking Requirements. There are no minimum parking requirements for Outdoor Eating Areas.

6. Setbacks/Coverage. Outdoor Eating Areas located in a non-residential district shall not be permitted within 50-feet of a residential zoning district boundary line unless it is separated from the Residential Zone by a public street or a waterbody. Notwithstanding anything to the contrary in Chapter 6, Section(s) 11-2, 12-2, 13-2, 14-2 and 18-2, of these Regulations, an Outdoor Eating Area Accessory to a Retail Food Establishment in a residential zone existing or operating in such a manner to be consistent with the current definition of such an establishment prior to September 1, 2024 is permitted if located within 25-feet of the Principal Building. No Front Landscape Area may be removed to accommodate an Outdoor Eating Area. Structures used for an Accessory Outdoor Eating Area are exempt from Coverage requirements. 

7.Lighting. Any lighting shall be down directed and not shed light beyond the property line.

8. Covers, Enclosures and Structures. Use of umbrellas, tents, awnings, igloos, and covers with rigid supports and fabric or non-rigid sides is permitted, with the construction material subject to the flame spread regulations of the Connecticut State Fire Safety Code. Such areas may be heated subject to an inspection by the Fire Marshal’s Office before use.

Following the granting of a Site Plan Waiver and issuance of a Zoning Permit, a Building Permit shall be obtained for any Structure:

a. Installing temporary or permanent electrical service.

b. Installing temporary or permanent heating or air conditioning.

c. That is a Tent with side walls in excess of 400 SF.

d. That is a Tent open on all four sides in excess of 700 SF.

e. That are multiple Tents set side by side without a 12-foot fire break whose aggregate area is in excess of 700 SF.

9. Hours of Operation. The hours of operation in commercial zones shall be limited to 6:30 a.m. to 11:00 pm Sundays through Thursdays and 6:30am to 12:00 midnight on Fridays and Saturdays. Notwithstanding anything to the contrary in Chapter 6, Section(s) 11-2, 12-2, 13-2, 14-2 and 18-2 of these Regulations, the hours of operation for outdoor dining in residential zones shall be limited to 7:00 a.m. to 9:00 pm Sundays through Thursdays and 7:00 a.m. to 10:00 p.m. on Fridays and Saturdays. There shall be no music in any Outdoor Eating Area after 9:00 p.m.

10. Signage. No additional signage shall be permitted. (814, 04/01/2022; 846, 12/12/2024) 

1. 1.
   Departmental Approvals: All Outdoor Special Event applications shall be approved by the Westport-Weston Health District, the Police Department and the Fire Marshall’s office as applicable prior to the issuance of a Zoning Permit.
2. 2.
   Time Limits:

   1. A.
      Commercially Zoned Property

      Any approved event may not exceed a duration of more than 10 days. Events that are more than 10 consecutive days in length shall require Site Plan approval from the Planning & Zoning Commission.

   2. B.
      Residentially Zoned Property

      Any approved event may not exceed a duration of more than 2 days. Events that are more than 2 consecutive days in length shall require Site Plan approval from the Planning & Zoning Commission.

   3. C.
      Special Permit Uses listed in §11-2.2 on Private Property in Residential Zones

      Any approved event may not exceed a duration of more than 7 days. Events that are more than 7 consecutive days in length shall require Site Plan approval from the Planning & Zoning Commission.

3. 3.
   Parking Requirements: Outdoor Special Events shall provide adequate off-street parking.
4. 4.
   Setback Requirements: Any tents or temporary structures associated with Outdoor Special Events shall not be located within any front, side or rear yard setbacks. Except for tents up to 5 feet in width that are required by the Westport Weston Health District for the delivery of food to the place where it will be served but shall not be used as an area where food is served.
5. 5.
   Hours of Operation:

   1. A.
      Commercially Zoned Property

      Hours of operation shall be limited to between 7 a.m. and 11 p.m. Sundays through Thursdays and between 7 a.m. and 1 a.m. on Fridays and Saturdays.

   2. B.
      Residentially Zoned Property

      Hours of operation shall be limited to between 8 a.m. and 10 p.m. Sundays through Thursdays. However, events on Fridays and Saturdays may be extended to 1 a.m. with the approval of the Planning & Zoning Commission.

   3. C.
      Special Permit Uses listed in §11-2.2 on Private Property in Residential Zones

      Hours of operation shall be limited to between 8 a.m. and 10 p.m. Sundays through Thursdays. However, events on Fridays and Saturdays and may be extended to 1 a.m. with the approval of the Planning & Zoning Commission.

6. 6.
   Lights, Noise & Odors: Outdoor Special Events shall minimize the impact of lights, noise and odors on surrounding residential properties.
7. 7.
   Exceptions: Outdoor Special Events located on Town-owned property authorized by the Board of Selectman shall be exempt from the need for a zoning permit.
8. 8.
   Repeat or Annual Events: Repeat or Annual events, in which there are no material changes, that normally require Planning & Zoning Commission approval may be allowed to obtain a Zoning Permit from the P&Z Staff without a new public hearing provided that in the discretion of the P&Z Director no substantive complaints have been received in prior years about the event.

Small home developments are subject to a Special permit & Site Plan approval in accordance with §43, herein, all applicable provisions of the Residence a Zone, and the following additional standards and safeguards.

Cottage Cluster Developments are subject to a Special Permit & Site Plan approval in accordance with §43, herein and the following additional standards and safeguards.(835, 11/01/2023) 

The rights, duties, privileges and obligations of these regulations shall be limited to the Westport Housing Authority, only, in order to provide "Housing for Elderly Persons" under §8-112a, et seq. of the Connecticut General Statutes. Such housing shall be permitted as a municipal use subject to Site Plan and Special Permit approval in accordance with §43, and to the following standards, conditions and safeguards.

1. twenty (20) feet from any front lot line.

2. Side and rear setbacks are governed by the underlying district.

Architectural design requirements for the underlying zones apply and in addition dwelling unit facades shall be designed to avoid a barracks or dormitory appearance. Staggered or off-set unit facades and/or varied unit facade materials shall be utilized.

1. at least one (1) staff person for every four (4) youth or fewer; and
2. at least one (1) staff person at night.

These facilities shall not be located in Special Flood Hazard Areas A and V as shown on the FIRMs for Westport.

The building coverage shall not exceed 20% and the total coverage shall not exceed 30% in a commercial zone.

Non-related persons may, but cannot be required, to share units.

1. Only one (1) off-street loading space shall be required for any Managed Residential Community facility. Said loading space shall be conveniently located near a service entrance to the facility; and
2. Handicapped parking and a drop-off area for residents and guests may be provided in the front of the building.

1. The maximum number of independent living units permitted in a non-CCRC development shall not exceed fifteen units per gross acre in a residential zone and 18 units in a commercial zone.
2. The maximum cumulative units permitted in a CCRC development shall be determined under Sections 32-15B.8 & 32-15B.11 of these regulations.

1. The land so set aside shall be graded, screened and landscaped, shall be of a passive recreation nature suited to the needs of the residents and may include open interior courtyards. Such recreation areas shall be designed to provide security and privacy and to prevent the emission of objectionable noise and light onto abutting properties.
2. The type of useable Open Space shall be determined by the Commission but generally will not include slope greater than 5%, and shall be free of wetlands and ledge and rock outcroppings. Natural geologic features and specimen trees shall be preserved. Paved paths and site lighting for the benefit of residents shall be provided

Parking shall be provided on the basis of one (1) parking space for each staff member on the largest shift plus adequate parking for the living arrangements based on the following minimum rates:

1. 1.25 spaces per Independent Living Unit not in a CCRC;
2. 1 space per Independent Living Unit in a CCRC;
3. .80 of the spaces for staff equating to the larges shift of employee; and
4. .25 for each assisted living unit.

This limitation as to zone shall apply unless the service provider shall demonstrate to the P&Z Commission that such a restriction has the effect of prohibiting the provision of a reasonable quality of personal wireless service to the Town of Westport.

1. The affordable housing to be provided will be affordable housing defined as:

• assisted housing, which means housing which will receive financial assistance under any governmental program for the construction or substantial rehabilitation of low and moderate housing, or
• any housing occupied by persons receiving rental assistance under Chapter 319 of Section 1437F of Title 42 of the United States Code, or
• any housing currently financed by Conn. Housing Finance Authority mortgages or
• any housing subject to deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay thirty percent (30%) or less of income, where such income is less than or equal to eighty percent (80%) of the median income.

Median income means, after adjustments for family size, the lesser of the state median income or the area median income for the area in which the municipality containing the affordable housing development is located, as determined by the United States Department of Housing and Urban Development.

2. Middle Income Housing will be housing for persons or families earning up to or equal to 80% of the median income of the Stamford Norwalk Service Area of which Westport is a part.

The height of new buildings shall not exceed 2 stories and 26 feet in height.

All utilities and conduits within the lot shall be underground.

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 or private septic system.

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. Septic systems require approval by the Westport Weston health District.

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.

1. a.
   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. b.
   The proposal will permit the preservation and exterior historic integrity of the historic structure or historic accessory structure.
3. c.

   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. d.
   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. e.
   The proposal will not adversely affect public safety.
6. f.
   The proposal will be consistent with the current Town Plan of Conservation and Development and other Westport zoning regulations.
7. g.
   The proposal will be consistent with §44-6; Special Permit standards.

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 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 more than one (1) Historic Residential Structure and each new lot created under this subsection must contain at least one (1) Historic Residential Structure. 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.
5. For lots in the Res AAA District that are either divided by the Asp tuck 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*: 

1. 8. Coverage

   The maximum coverage on each lot shall be as follows*:

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.

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) 

a. 65 Easton Road which includes Coleytown Elementary School and Coleytown Middle School

b. 17 Morningside Drive South which includes Greens Farms Elementary School

c. 70 North Avenue which includes Bedford Middle School and Staples High School

d. 170 Riverside Avenue which includes Kings Highway Elementary School and Saugatuck Elementary School

(850, 03/17/2025) 

1. a.
   Photometric plans for the entire area to be lighted. These plans shall show all property lines that abut the area to be lighted and the 150 foot spill lines from the edge of the playing area. The values to be measured are to be horizontal footcandles (measured at 3 feet above grade), vertical footcandles (measured at 5 feet above grade), and maximum candela per fixture (measured at 5 feet above grade). Measurements should be taken at 30 foot intervals;
2. b.

   A landscape plan showing the placement of lights, general location and layout of plantings within all landscaped areas; as well as any fencing, walls, and other screening proposed. Plant selection shall be made per the Approved Tree List provided at the end of §35, Landscaping, Screening and Buffer Areas;

3. c.
   A design plan depicting the proposed spectator areas and how they will be positioned in relation to residential properties;
4. d.
   A design plan for the sound system and sound mitigation that minimizes the impacts on adjacent properties;
5. e.

   A detailed lighting schedule that specifies the times, days, and seasons during which lighting will be in use;

6. f.
    Certificates of Mailing must be provided for all property owners within 250 feet of the subject property, as well as the Planning and Zoning Office. These recipients shall receive notice that an application for athletic field lighting on town-owned public school property has been submitted to the Planning & Zoning Commission.(850, 03/17/2025)

1. a.
   The impact that the approval of lighting the athletic field will have on the overall health and wellbeing of the community;
2. b.
   The effects of light and noise that this approval will have upon surrounding residential neighborhoods;
3. c.
   The proposal will not adversely affect public safety;
4. d.
   The proposal will be consistent with the current Town Plan of Conservation and Development and the Westport zoning regulations;
5. e.
   The proposal will be consistent with §44-6; Special Permit standards.

1. a.
   Approve the application as proposed or introduce additional requirements or conditions to insure that surrounding residential areas are not unreasonable adversely impacted as a result of the application;
2. b.
   Deny any application that would cause unreasonable adverse impacts to surrounding residential areas.

1. a.
   The athletic fields shall be on Town Owned Public School Property.
2. b.
   The placement of lighting fixtures shall be subject to the following requirements to minimize the impact on residential properties:

   1. i.
       All lighting installations shall achieve a minimum 25-foot setback or be placed at the maximum feasible setback from residential property lines. Efforts must be made to ensure that lighting does not directly affect adjacent residential properties or their occupants.
   2. ii.

      The Commission shall review the proposed lighting locations and determine that no other feasible locations exist that would result in less impact on residential property lines. The Commission’s review shall take into consideration factors such as the safety, functionality, and necessity of the lighting, as well as potential alternatives that would minimize light spillover onto residential areas.

3. c.
   Light poles for lighted athletic fields on town owned public school property may be permitted up to a height of 80 feet measured from ground elevation at the center of the field to the highest point of the pole including any attached fixture. The Commission may require a shorter height if deemed appropriate for the sport and to ensure safe field lighting.
4. d.
   Lighting poles must be designed to avoid light spillage onto and minimize offensive glare visible from surrounding residential properties. All lighting must be down directed to the greatest extent possible. The commission may approve uplighting if it is necessary for safety based on the type of sport.
5. e.
   All projects shall meet 150 feet number of 1000 candela. All property line values shall be submitted as well for evaluation.
6. f.
   Lighting Standards recommended by DarkSky International as the basis for on-field illuminance values shall be the latest version of ANSI/IES RP-6, Recommended Practice: Lighting Sports and Recreational Areas, unless the Commission mandates compliance with a different lighting standard. If a different standard is required, the applicant shall submit the name of the standard in the application along with the prescribed design criteria values for the application.
7. g.
   The following regulations shall apply to field lighting and operation hours, subject to Commission approval:

   1. i.

       Practices and games must conclude by 9:00 PM, Monday through Saturday. The applicant may request an additional one-hour extension, unless the Commission requires an earlier end time.

   2. ii.

      Field lights must be dimmed for a maximum of 30 minutes following the conclusion of practices or games. This adjustment is to allow for pedestrian safety and the clean-up of the area.

   3. iii.

      Field lights shall be turned off immediately if the field is not in active use, whether during or after scheduled practices or games. 

   4. iv.

      If a practice or game is cancelled or ends early, the responsible party must notify Parks and Recreation and/or the Staples Athletic Director to ensure the lights are turned off promptly.

   5. v.

      Athletic fields on Town Owned Public School Property that directly abut Post Road East may have lit athletic fields no later than 11:00 PM Monday thru Sunday.

   6. vi.

      Game hours may be extended in the event of unusual circumstances, such as rain delays or overtime, with approval from the Parks & Recreation Department or the Staples Athletic Director.

   7. vii.

      The applicant shall provide contact information for the person responsible for the field lighting operating as permitted.

8. h.
   The applicant shall provide information about sound and noise as part of any special permit application. Any application shall demonstrate that noise and sound effects on surrounding residential properties shall be to the minimum extent possible. If deemed necessary by the Commission sound attenuation measures shall be installed. A public address system and amplified music may only be used for Staples High School games. There shall be no amplified music after halftime. There shall be no amplified sound and music during practices.
9. i.
   Any additional requirements or restrictions the Commission determines at its discretion are necessary to insure that adjacent properties are not significantly adversely impacted by the proposed special permit.
10. j.

    All special permit applications under this section shall provide guidelines for controlling, air horns, bull horns and similar devices.

11. k.
    The lighted fields shall only be used for:

    1. i.
       Westport school team athletic practices and games including required league reciprocity as sponsored or sanctioned by the Board of Education or the Westport Parks and Recreation Department;
    2. ii.

       Community athletic events having a valid permit from the Parks & Recreation Department or Staples Athletic Director, and will not have any adverse effects on the surrounding residential properties. (e.g. youth sports)

12. l.
    Prior to the issuance of a Zoning Certificate of Compliance the applicant shall submit a final engineer’s certification of luminance measurements at the property line.
    (850, 03/17/2025)

1. The proposal will not adversely affect public safety,
2. The proposal will be consistent with the Special Permit standards set forth in §44-6.

1. The property shall have a minimum of one acre in size and be located in the GBD zone.
2. The property shall have a minimum of one hundred and fifty feet of frontage on the Post Road or Riverside Avenue.
3. Boats to be sold, stored or repaired are limited to twenty-six feet in length with a maximum height of thirty feet. Height includes boat, mast and trailer. Racked boats shall not exceed 16 feet, including the rack.
4. Area set aside for outdoor parking of boats for any purposes including boat repairs shall be limited to fifty (50) percent of the portion of the property properly zoned for the use. The Commission reserves the right to limit the area devoted to outdoor parking of boats based on site specific conditions. Outdoor winter storage of boats will be limited to those boats owned by the holder of the Special Permit.
5. There shall be no boat parking, storage or repairs within any required Front Landscape Area pursuant to §35-2.2 or Buffer Strip pursuant to §35-2.4.
6. For the lot area of the property devoted to retail and service uses, parking is to be provided in accord with §34. For the lot area devoted to boat repair and storage use, parking shall be provided at 1 space for each 1 ½ employees, or 500 square feet of gross interior floor area, whichever is greater.
7. Outdoor boat parking, storage, repair areas & boat racks must be identified on Site Plan.

1. The site shall be located within the Residence a Zone;
2. The site shall be located within the Sewer Limit Line (“Blue Line”) on the Sewer Service Plan in the 2007 Plan of Conservation and Development, as may be amended.
3. The site shall have at least 100 feet of street frontage on an Arterial Street;
4. The gross lot area shall be a minimum of one and one-half (1.5) acres in size, but shall not exceed four (4) acres in size and which parcel shall have existed as of the effective date of this regulation; and
5. The site shall not be occupied by another Special Permit Use.

1. Deed Restriction

   The age restricted units shall be specifically identified and be deed restricted to assure that said units are sold to, rented to and occupied by qualifying persons. The form and content of such deed restriction shall be subject to approval by the Commission prior to execution and filing on the Land Records.

2. Annual Certification

   Prior to the issuance of a Zoning Certificate of Compliance, a certificate in the form of an affidavit to verify that one of the occupants of a dedicated dwelling unit is 55 years of age or older or receiving Social Security Disability payments shall be presented to the P&Z Office. Thereafter, the principal owner shall submit such affidavit to the Zoning Enforcement Office by January 31st of each year

1. Prior to the issuance of a Zoning Permit, the applicant must provide a copy of a Dispensary Facility license issued under the authority of the Commissioner of the Department of Consumer Protection.
2. Proof of conformance to all site and location requirements and personnel limitations contained within the said state granting license.

1. All Connecticut State Regulations and laws on the dispensing of medical marijuana, shall be adhered to and form the basis for local regulation of medical marijuana sales.
2. Separation Distance: No medical marijuana Dispensary Facility shall be located within 1,000 feet of any School, Public Building, Public Park, Public Recreation Area or Place of Worship in existence as of the effective date of this regulation.

A. Be split-zoned Residence A and Residence B;

B. Contain a non-residential use; and

C. Include one or more historic buildings listed on the Westport Historic Resource Inventory.(828, 06/19/2023)

A copy of the referenced form “Exhibit A” can be found in the Town Clerks Office and Planning and Zoning Office. A digital copy may be accessed on the Town Website or by calling the Planning and Zoning Office.

1. a.
   The site shall be owned by the Town of Westport;
2. b.
   The site shall be zoned Res. AA, Res. A, GBD, RBD, BCD, or BCD/H non-residential zoning districts.
3. c.
   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. d.
   The gross lot area shall be a minimum of three quarters (0.75) acres in size;

(835, 11/01/2023) 

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

(835, 11/01/2023) 

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.(835, 11/01/2023) 

(There are no amendment numbers associated with this section.) 

1. 600 square feet for an efficiency unit;
2. 850 square feet for a 1-bedroom unit; and
3. 1,200 square feet for a 2-bedroom unit.

For purposes of these regulations, libraries, dens, studios, studies, lofts and other similar spaces shall be deemed to be bedrooms by the Commission. A single recreation room, a Storage area and a utility room located in a cellar or basement without a bathroom will not be considered a bedroom. The gross interior floor area of a unit shall exclude garage Parking spaces, common storage areas, common stairs, common halls, common foyers and other similar spaces used in common.

1. The buildings have been occupied by the existing hospital for a minimum of ten years, and
2. The replacement building [s] complies with all applicable zoning regulations, and
3. The replacement floor area does not cause an increase in excess of 15% of the existing gross interior floor area of the buildings used for hospital purposes on the site as of September 1, 1999.

1. Excavations or filling of earth products in connection with the construction or alteration of a principal building or structure, swimming pool, tennis court, sports court, septic fields or driveway on the same premises no more than 25 feet from said activity provided a zoning permit or health permit has been issued for such construction, alteration or activity and such work is specified in said permit.
2. Excavations or filling of earth products in connection with the construction or alteration of subsurface drainage systems on the same premises no more than 5 feet from said activity provided a zoning permit or health permit has been issued for such construction, alteration or activity and such work is specified in said permit.
3. Construction, grading or changing of contours in accordance with plans for the same that have been approved by the Planning & Zoning Commission, covering the roads, lots and other improvements in an approved Subdivision, Site Plan or Special Permit application.
4. Municipal activities involving roadways, bridges, culverts or other infrastructure for the purpose of maintenance, repair, realignment, reconstruction or public safety projects as listed in this subsection that by necessity involve extending excavation or fill onto private property where grading rights have been obtained.
5. Construction of a retaining wall used solely for the purpose of constructing a driveway or roadway.
6. Construction of approved shoreline flood and erosion control structures.
7. The placement or installation of utility lines or services.
8. Incidental filling, grading or excavation in connection with maintenance or repairs to a property.
9. Customary landscaping and temporary collecting, stockpiling and reuse of topsoil.

Grades established using an Excavation and Fill application or Zoning Permit shall not be used to establish a new existing average grade for the purpose of measuring building height until five (5) years have passed from the date of approval.

There shall not be any grading or slope changes within five (5) feet of any lot line except for: 

1. The installation of driveways on all lots.
2. New streets and driveways in approved subdivisions. 

1. Grading and landscaping requirements.
2. Limitation on the months of the year, days of the week, and hours of the day during which any work may be performed on the premises.
3. Limitations as to the size and type of machinery used on the premises.
4. Place and manner of disposal of excavated materials, and/or source and variety of fill materials to be brought onto the premises.
5. Requirements for the control of dust, noise, fumes and lighting.
6. An erosion and sediment control bond may be required in accordance with §43-12 and §43-13, herein.
7. A site monitor may be required. If required, it shall be paid for at the applicant’s expense.(748, 11/11/2018)

1. that the principal owner of the single-family dwelling or the non-profit corporation is in residence or that a valid lease is in effect for a Town-owned building;
2. that the occupants of the group home are of age;
3. that the number of occupants is permissible; and
4. That the group home has a valid and current license from the Conn. DCYS. Thereafter, the principal owner, non-profit corporation or lessee shall submit such notarized affidavit to the Zoning Enforcement Office by January 31st of each year as a requirement for the continuance of the Special Permit.

1. that the principal owner of the single-family dwelling or lessee of a Town owned building is the non-profit corporation;
2. that the youth are of high school age and are attending the local public high school; and
3. That the total number of occupants is permissible.

• assisted housing, which means housing which will receive financial assistance under any governmental program for the construction or substantial rehabilitation of low and moderate housing, or
• any housing occupied by persons receiving rental assistance under Chapter 319 of Section 1437F of Title 42 of the United States Code, or
• any housing currently financed by the Connecticut Housing Finance authority mortgages or
• Any housing subject to deeds containing covenants or restrictions which require that such dwelling units be sold or rented at, or below, prices which will qualify the units as housing for persons and families who are compliant with the standards and limitations of CGS 8-30(g).

The P&Z Commission shall condition that the approval of affordable units must be eligible for moratorium points pursuant to CGS 8-30(g).

Based on the foregoing purpose nothing stated herein shall diminish or restrict the P&Z Commission’s obligation to consider the criteria set forth in §44-6 of the zoning regulations. All commercial wireless telecommunication service facilities shall require a special permit and must conform to the standards set forth in pursuant to §44-6.

1. No tower shall be located on land designated or deed-restricted as open space.
2. No tower may be constructed within a mile radius of an existing tower.

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

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.

1. a.
   Qualifications: no accessory apartment exists in the main dwelling unit nor does any other historic accessory structure contain a dwelling unit.
2. b.
   Eligibility: No age restriction.
3. c.
   Floor Area: the total floor area of the historic accessory structure used for a dwelling unit shall be the larger of the following:

   1. i.
      The size of the historic accessory structure as of the effective date of this regulation.
   2. ii.
      Up to 800 square feet, including additions to the original historic accessory structure.
   3. iii.
      Up to 1,000 square feet, including additions to the original Historic Structure if the building is primarily served by Renewable Energy sources.                                                                                                         A Non-conversion Renewable Energy Agreement is to be filed on the Land Records prior to the issuance of a Zoning Permit.(838, 11/30/2023)

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)

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) 

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.

1. a.
   Similar building/roof form and pitch
2. b.
   Similar siding materials.
3. c.
   Similar porch detailing
4. d.
   Similar window trim

(835, 11/01/2023) 

1. a.
   Alternating porch styles (such as roof forms).
2. b.
   Alternating siding details on facades and/or roof gables.
3. c.
   Different siding colors. 

(835, 11/01/2023)