Westport City Zoning Code

Two-family or multi-family dwelling units on a minimum of twice the required lot area of the underlying residential zoning district may be used as Supportive Housing living quarters, requiring annual certification by P&Z staff that the definition of Supportive Housing is met. Supportive Housing is subject to a Special Permit and Site Plan approval in accordance with §43, herein, subject to the following conditions:

Public and private hospitals and other medical institutions licensed by the State of Connecticut, such as homes for the aged, rest homes, nursing homes, and multi-care institutions are permitted in any Residence District subject to Special Permit and Site Plan approval in accordance with §43, and the following conditions:

Except as otherwise provided for in these regulations, not more than one (1) registered commercial vehicle or vehicle used for commercial purposes, not more than two (2) registered recreational vehicles, campers or boats, and not more than one (1) unregistered motor vehicle, shall be garaged, stored or parked consistently on a residential premises. Such a commercial vehicle shall not exceed one-ton rated capacity if a pickup truck or van, or one and one-half yard capacity dump truck. The registered commercial vehicle or vehicle used for commercial purposes shall be owned or used by the resident of the premises for use in employment. Recreational campers and boats and unregistered vehicles shall be owned by the resident or owner of the premises on which they are stored.

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.

Junkyards or the storage of scrap or other waste material, other than a municipal solid waste disposal site, shall be prohibited; except that the storage of scrap salvage or other materials, the storage of not more than one unregistered motor vehicles, or the repair of automobiles or other vehicles owned by the resident or owner of the premises may be permitted outdoors on a residential lot provided that such outdoor storage or repair area shall be no greater than 200 square feet in size, shall not be located in the front yard area, and shall be screened from view on all sides during all seasons of the year. Such accessory use shall not be permitted for commercial purposes.

Outdoor storage and display is permitted as an accessory use to a permitted Principal Use in all Non-Residential Districts except RPOD, DDD, CPD, and HDD, subject to the following conditions:(814, 04/01/2022)

The following uses and activities are expressly prohibited in any zoning district within the Town of Westport.

Within the Town of Westport, the excavation of land, stockpiling of earth products on a site and/or filling of land with earth products such as, but not limited to: topsoil, loam, sand, gravel, clay, stone minerals or fuel is permitted in any Zoning District subject to Special Permit and Site Plan approval in accordance with §43.

The use of commercial dumpsters, as opposed to typical garbage cans, for refuse collection may be permitted outdoors on a lot in any zoning district provided that such commercial dumpster shall not be located within any required setback area in a Residential Zone nor within any required Front Landscaping Area or Buffer Strip in any other Zone, shall be covered with a lid or roof structure, and shall be suitably screened from view on all sides during all seasons of the year. (Also see §34-11.14, Design and Access to Dumpster Area).

A single-family dwelling on at least a 1/2 acre lot may be permitted a second kitchen to be used solely for home catering or professional cooking by the resident owner of the business in a Residence District subject to a Special Permit and Site Plan approval in accordance with §43, herein and the following conditions:

A single-family dwelling on at least a one (1) acre lot may be used as a group home for a limited number of unrelated Senior persons as living quarters in a Residence District subject to a Special Permit and Site Plan approval in accordance with §43, herein, and the following conditions:

Two-family and multi-family dwelling units are permitted in any GBD, RPOD, RORD, BPD, RBD, BCD, BCD/H and DDD #2 Non-Residential Zoning District subject to a Special Permit and Site Plan Approval in accordance with §43, herein, all applicable provisions of the underlying zoning district, and the following additional standards and safeguards. A Transit Community Middle Housing Development may be permitted on a lot in the above-listed zoning districts, subject to Summary Review and compliance with all applicable provisions of the underlying zoning districts and the standards set forth herein. (See §39A for Lots Split Residential and Non-Residential Zoning District)

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.

(872, 08/15/2026)

A single-family dwelling or Town-owned building on at least a one-acre lot may be used as a group home for a limited number of unrelated youth, as living quarters in a Residence District, subject to a Special Permit and Site Plan approval in accordance with §43, herein, and the following conditions:

A single-family dwelling or Town-owned building may be used as a Residential Facility for School-Based Education Program, on a minimum one-half (1/2) acre lot, for a limited number of unrelated youth, as living quarters in a Residence District, subject to a Special Permit and Site Plan approval in accordance with §43, herein, and the following conditions:

Outdoor Eating Areas as defined in §5 shall be permitted: (i) notwithstanding anything to the contrary in Chapter 6, Section(s) 11-2, 12-2, 13-2, 14-2 and 18-2, of these Regulations, for any Retail Food Establishment existing or operating in a residential zone prior to September 1, 2024, and (ii) in all Non Residential Zones, except RPOD, GBD/R, DDD and CPD on privately-owned property subject to the following requirements:

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) 

(783, 09/08/2020; 788, 04/01/2021; 814, 04/01/2022)

A Principal or Accessory Building may be permitted a Home Occupation, Level 2, as defined in §5-2 herein, subject to Special Permit and Site Plan approval in accordance with §43 herein and the following conditions:

The purpose of this regulation is to permit the sale, servicing and storage of pleasure and recreational boats in this waterfront community. Retail boat sales including accessory boat repairs and storage may be permitted on properties in the GBD zone along the Post Road and Riverside Avenue. The property must be a minimum of one acre and have a minimum of one hundred and fifty feet of frontage along the Post Road or Riverside Avenue. Retail boat sales including accessory boat repairs and storage are subject to Special Permit and Site Plan approval in accord with §43 and §44, herein, and subject to the following conditions:

Outdoor Special Events as defined in §5 shall be permitted in all Zoning Districts subject to the following requirements:

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.

The purpose of this section is to increase the diversity of housing choices by allowing for a grouping of smaller, sing-family and/or two-family dwellings on one lot, at a compatible density, in the Residence A Zone for the benefit of “empty nesters”, retirees, senior citizens, small families and the like within Westport. Such small home developments shall contain an age restriction component.

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.

The purpose of this Regulation is to: a. preserve and adaptively reuse historic buildings listed on the Westport Historic Resource Inventory; b. eliminate nonresidential uses located within Residence A and Residence B split zoned districts; c. encourage the increase in the diversity of housing choices; d. mitigate peak period traffic generation; and e. promote the health, safety and general welfare of the community. Notwithstanding any other provision of these regulations, when a proposal is to eliminate and/or abandon a nonresidential use and to substitute with multi-family dwelling use, then the standards of this subsection shall apply.(828, 06/19/2023)

Housing for Special Needs Individuals is important to meet the Westport Plan of Conservation Development goals to allow qualified 501(c)3 non-profit organizations specializing in providing special needs services in residential settings to help address the housing needs of Westport. Such housing enables persons with special needs to live in Westport and contribute to the community through employment and other opportunities. Special Needs Housing encourages the adaptive reuse of existing town owned buildings and shall require a Special Permit and Site Plan Approval. Applicants may elect to pursue a General Development Plan on sites in the DDD#4 District north of the Merritt Parkway. (778, 06/03/2020; 813, 03/27/2023; 842, 04/12/2024)

(784, 08/01/2020) 

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

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) 

All applicable standards of the underlying zoning district must apply except that:

100% of housing units on the lot shall be Affordable for persons whose annual income does not exceed fifty percent (50%) of the state median income level, adjusted for family size. In conjunction with an application for approval of a Special Permit for a Supportive Housing Development, the applicant shall submit an “Affordability Plan”, in accordance with §8-30g which shall describe how the regulations regarding affordability will be administered. The plan must also include a means of offering a “right of first refusal” to the Town of Westport to acquire the property. The right of first refusal must be placed on the land records for the property.

The architectural design, scale and mass of buildings and other structures used for multiple-family dwelling units, including the exterior building material, color, roof-line and building elevations shall harmonize and be compatible with the neighborhood, and to protect property values in the neighborhood and to preserve and improve the appearance and beauty of the community.(813, 03/27/2023)

Landscaping must be provided in accordance with §35 of the regulations (also see §32-1.1.3).

No Supportive Housing developed under these regulations may be located within 1,500 feet of other Supporting Housing developed under these regulations. There shall be no more than five (5) Supportive Housing developments approved under this regulation within the Town of Westport.

The purpose of this section of the regulations is to promote the public health, safety and general welfare of the community by providing decent, safe and sanitary housing units for Senior persons at reasonable rents in order to assure especially adapted housing facilities for Senior persons in the public interest by allowing multiple-family housing for Senior persons within the Town of Westport.

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.

Construction of residential dwelling units for seniors under this Section shall be permitted for detached dwellings, semi-detached dwellings, and attached dwellings such as garden apartments and townhouses, but not for hotels, motels, rooming, boarding and lodging houses or tourist homes. Each dwelling unit shall have one (1) or two (2) bedrooms. No dwelling unit shall have more than two bedrooms. Libraries, dens, studios or other similar rooms in any dwelling unit shall be construed to be bedrooms.

Necessary accessory buildings, structures and uses including, but not limited to, facilities for maintenance, administration, off-street parking, storage facilities, and those facilities necessary to the operation of utility systems serving the development may be permitted. Accessory buildings and structures, other than garages, shall not exceed 300 square feet of gross floor area, shall not exceed the allowable height, shall not be used or occupied as a rooming unit or a dwelling unit, and shall not include any use or activity conducted for gain or profit.

Any development site shall be so situated that necessary facilities such as, but not limited to, medical, shopping, and public transit are easily accessible to the occupants of such developments. All buildings shall be connected to public sewer and public water. All sites shall have direct access to an improved public road.

Each development site shall have a minimum lot area of one (1) acre (43,560 square feet) and shall be of such shape that a rectangle (150' x 150') will fit on the lot.

The maximum number of dwelling units shall not exceed twenty-five (25) bedrooms per acre.

Setbacks for buildings and other structures shall be determined by the physical site characteristics and surrounding buildings, structures and uses and shall include a minimum thirty-foot (30') front landscape area.

No building or structure shall exceed a height of either 20 feet to the top of a flat roof or 25 feet to the mid-point of a pitched roof and 30 feet to the peak; except for an addition that matches the existing pitched, gable, or gambrel roof line of an existing building on that lot.

The building coverage shall not exceed twenty-five percent (25%) and the total coverage shall not exceed sixty-five percent (65%) of the site area.

Each building, principal or accessory, shall be at least twenty feet (20') distant from any other building on the lot, as measured in a straight line between the nearest points of any two buildings.

Suitably equipped and adequately maintained recreation and open space shall be provided. At least 150 square feet of usable open space shall be provided on the site for each dwelling unit. Recreation areas shall be well designed to provide security and privacy.

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

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

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

Refuse collection areas shall be established and conveniently located for all units. The collection areas shall be properly screened and supplied with covered receptacles.

A valid "Certificate of Need" as issued by the State of Connecticut shall be submitted with the application.

The site shall have direct access to an improved public arterial street as defined in Town Plan.

All buildings on the site shall be connected to public sanitary sewers and public water.

The site shall have a minimum area of not less than twice the minimum required lot area in the applicable zoning district.

No site shall exceed a density of 20 beds per acre and no site or building shall accommodate more than 120 beds including staff and resident accommodations and not more than one (1) dwelling unit for a resident manager.

No bedrooms shall exceed 250 square feet of floor area per bed and there shall be no kitchen facilities in any bedroom.

At least 150 square feet of usable open space shall be provided on the site for each bedroom.

All outdoor storage and display areas shall: not be visible from any adjoining Residence District, not obstruct or impair vehicular or pedestrian traffic as evidenced by a site plan showing a minimum four-foot (4’) wide clear path that shall be maintained on the sidewalk consistent with the federal Americans with Disabilities Act. A Zoning Permit shall be obtained for this use.(814, 04/01/2022)

Truck trailer storage shall be restricted to a designated loading area. No such trailer shall be stored for more than seven (7) days unless Site Plan approval is obtained from the Planning & Zoning Commission. No such approval shall be valid for more than ninety (90) days. Retail sales are not permitted from a stored trailer. A trailer shall be a vehicle mounted on an axle with wheels for transport on the public highways.

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.

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.

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, except as authorized by the State of Connecticut or any other State; 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.

Satellite dishes and/or dish type antennas shall be prohibited on or attached to the exterior of any building or structure except for disc type antennas less than two feet in diameter.

The use of any multiple family dwelling unit for any Home Occupation, Level 1, or Home Occupation, Level 2 shall be prohibited.

Cannabis Establishments as defined in §5-2. (839, 11/30/2023) 

Smoke Shop or Tobacco Store as defined in §5-2 herein.(839, 11/30/2023)

For properties that don’t currently meet the requirements of §34-11.5 and are incorporating underground parking with at least 1 space per unit, the total maximum fill or excavation may be doubled provided there is no objection from the Town Engineer. (868, 07/06/2026)

The purpose of this Section is to limit the total amount of excavation or fill allowed on any lot, to restrict the development of those parcels of land where an excessive amount of excavation or fill would be necessary to make the land developable and to prevent adverse drainage impacts on surrounding properties resulting there from:

The proposed excavation or filling project, if approved, shall conform to the following standards:

The applicant shall submit a Restoration Plan showing final grading and landscaping and whatever other information is necessary to indicate how the site will be restored to permit future development of the site. Restoration shall include:

In reviewing all plans, consideration shall be given to protecting the public health, safety and welfare, the general objectives of Site Plan and Special Permit Review as found in §44-5 and §44-6 and the following specific considerations:

The second kitchen shall be located wholly within the principal building and shall have a license from the Westport-Weston Health District. The owner of the property must consent to the application for a second kitchen and acknowledge the owner’s obligation to remove the second kitchen within 30 days after the expiration or revocation of a Special Permit as required under §32-10.7.

The principal dwelling shall be occupied by the principal resident owner of the business during the duration of the Special Permit.

The home catering use shall permit the preparation of food on, and the delivery of food from the premises. The hours of operation shall be limited to the period from 8:00 A.M. to 8:00 P.M. unless otherwise approved by the Commission. No more than one (1) full-time or part-time person shall be permitted in addition to the resident owner of the business conducting the home catering use. No food shall be sold to or consumed by customers on the premises.

The home catering use including the additional kitchen and related work area shall not exceed 600 square feet of floor area.

Advertising signs shall be permitted on the premises in accordance with §33-6.1.1, herein. Off-street parking shall be provided in accordance with §34, herein. One commercial vehicle may be permitted on the lot subject to the provisions of §32-4, herein.

Prior to the issuance of a Zoning Permit, a certificate in the form of an affidavit to verify that the principal resident owner of the business is in residence and that the home catering use is licensed by the WWHD shall be presented to the P&Z Commission. Thereafter, the principal resident owner of the business shall submit a notarized affidavit to the ZEO by January 31st of each year as a requirement for the continuation of the Special Permit.

Within 30 days after the expiration or revocation of a Special Permit for a home catering use, the then owner of the property shall physically remove from the dwelling, at his/her expense, the kitchen used for home catering.

No single-family dwelling shall qualify under these regulations unless each such single-family dwelling and all additions thereto, except such structures as may be required for the Fire Safety Code, shall have been on the Assessor's list as of Oct. 1st at least 5 years before the date of application.

A group Senior home shall include a resident occupied dwelling unit with guest rooms for not more than six (6) senior persons wholly within a single-family dwelling that is occupied by the principal owner or owned by a non-profit corporation. No such group home shall be occupied by more than eight (8) persons.

Advertising signs shall be permitted on the premises in accordance with §33, herein. Off-street parking shall be provided in accordance with §34, herein.

Prior to the issuance of a Zoning Permit, a certification in the form of an affidavit to verify that the principal owner or non-profit corporation is in residence, that the occupants of the group home are of age and that the number of occupants is permissible shall be presented to the P&Z Commission. Thereafter, the principal owner or non-profit corporation shall submit such notarized affidavit to the ZEO by Jan. 31st of each year as a requirement for the continuance of the Special Permit.

No more than five (5) such group homes for seniors shall be permitted within the Town of Westport.

No principal or accessory building or structure shall extend closer than:

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

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

In order to retain the historic streetscape in the BPD and BCD/H zones, the height is restricted to that which is permitted in the underlying non-residential zoning district.

A building coverage bonus in the non-residential zone shall be allowed.  The bonus may not exceed five percent (5%) of the non-residentially zoned portion of the lot in excess of that which is allowed in the underlying non-residential zone, except for the BCD and BCD/H zoning districts.

Groups of buildings on a single lot shall be so arranged that the minimum horizontal distance between the nearest walls or corners of any principal and/or accessory detached buildings shall not be less than ten (10) feet.

The architectural design, scale and mass of buildings and other structures including, among other elements, the exterior building material, color, roofline, and building elevations shall be made compatible with the historic structures located on the property and on any adjacent lot, if they are listed on the most recent Westport Historic Resource Inventory. The design should reflect both the characteristic scale and building traditions of those historic structures so as to preserve and improve the appearance and beauty of the community. New construction or reconstruction shall adhere to the design purposes of this 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.

Public Waterfront Access (see Definitions and §31-10.7.4 herein) shall be provided on all sites adjacent to the Saugatuck River.

Signs shall be permitted in accordance with §33 of the Supplementary Regulations, as determined by underlying zoning district.

Off-street parking and loading shall be provided in accordance with §34 of the Supplementary Regulations, as modified herein. All such parking and loading shall be located on the lot and to the rear of the front leading edge of any building facing the street. If a development contains seventeen (17) or more dwelling units or is located within a Conservation and Traffic Mitigation District (CTMD), tandem parking may be allowed, at the discretion of the Planning and Zoning Commission.

(872, 08/15/2026)

Landscaping, screening and buffer areas shall be provided in accordance with §35 of the Supplementary Regulations. Sidewalks shall be provided in accordance with §35-2.2.4 of the Supplementary Regulations.

No dwelling unit approved under these provisions shall thereafter be changed to any non-residential use.

A Traffic Analysis in accordance with §44-2.5 shall be required.

(872, 08/15/2026)

No application may be submitted to the Planning and Zoning Commission pursuant to the provisions of this §32-12.2.3, §32-12.7.2.4, §32-12.12.4, and §32-12.12.5 of these Regulations after August 13, 2019; however, any application submitted to the Commission prior to August 13, 2019, which is subsequently approved by the Commission, shall be subject to the provisions of §32-12.2.3, §32-12.7.2.4, §32-12.12.4, and §32-12.12.5  after August 13, 2019.  Any request to modify, extend or revise such approval, even after August 13, 2019, shall be subject to the provisions of §32-12.2.3, §32-12.7.2.4, §32-12.12.4, and §32-12.12.5 of the Regulations. (772, 08/06/2019)

No single-family dwelling or Town-owned building shall qualify under these regulations unless each such building and all additions thereto, except such structural additions as may be required for the Fire Safety Code shall have been on the Assessor's list as of October 1st at least 5 years before the date of application.

A group home for youth shall include a resident occupied dwelling unit with guest rooms for not more than eight (8) youth wholly either within a single-family dwelling that is occupied by the principal owner or non-profit corporation or is located within a Town-owned building. Priority shall be given to children of Westport residents whose age does not exceed 19 years. No such group home shall be occupied by more than 8 youth and 3 staff for a total of not more than 11 persons.

The youth in said home shall be supervised, at all times, by on premise staff persons of at least 21 years of age according to the following standards:

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

Advertising signs shall be permitted on the premises in accordance with §33, herein. Off-street parking shall be provided in accordance with §34 herein.

No more than three (3) group homes for the youth shall be permitted within the Town of Westport. No such group home shall be located within a radius of 1,000 feet from another group home for the youth.

Any single-family dwelling or Town-owned building shall qualify under these regulations provided that each such building shall have been on the Assessor’s List as of Oct. 1^st at least 5 years before the date of application. Additions to such buildings are permitted that meet all regulations applicable to the underlying zoning district, subject to review by the Architectural Review Board and Special Permit and Site Plan approval from the P&Z Commission.

A Residential Facility for School Based Education Program shall include a resident occupied dwelling unit with guest rooms for not more than eight (8) high school-aged youth who will attend the local public high school, wholly within a single-family dwelling that is owned by a non-profit corporation or leased from the Town by a non-profit corporation. Said non-profit corporation shall be chartered by the State of Connecticut for educational purposes and shall be affiliated with a national non-profit corporation chartered for educational purposes which has been in existence for at least 5 years before the date of application. The total number of resident staff and their immediate family shall not exceed four (4). If one of the family members is of high school age that family member then is counted as one of the eight (8) permitted high school-aged students.

The youth in said residential facility shall be supervised by one or more resident staff persons of at least 21 years of age, who are employed by the non-profit corporation.

Advertising signs shall be permitted on the premises in accordance with §33, herein. Off-street parking shall be provided in accordance with §34 herein.

No more than two (2) residential facilities for school based education programs shall be permitted within the Town of Westport. No such facility shall be located within a radius of 1,000 feet from another Residential Facility for a School Based Education Programs or from a Group Home for Youth.

It is the purpose of this section to address the need of the Town of Westport for additional multi-family housing. This Regulation is intended to promote the health, safety and general welfare of the community by authorizing the conversion of existing large municipal school buildings with at least 25,000 square feet of gross interior floor space into decent, safe and sanitary owner-occupied multi-family, dwelling units in a cooperative and/or condominium form of ownership, only.

Conversion of existing municipal school buildings to cooperative or condominium, owner-occupied, multi-family dwelling units shall be permitted under this Section, subject to a Special Permit and Site Plan approval in accordance with §43 and §44 of these Regulations. Hotels, motels, rooming, boarding and lodging houses or tourist homes shall not be permitted. There shall be no new principal buildings constructed on the site. The existing building may be expanded only to allow necessary ramps, staircases, elevator towers and similar service facilities.

Necessary accessory buildings, structures and uses including, but not limited to, facilities for recreation, maintenance, administration, off-street parking, storage and utilities serving the development may be permitted.

Any development site shall be so situated that public transit is directly available. All buildings shall be connected to public sanitary sewer and public water and shall be within 1,500 feet of an existing sewer. All sites shall have direct frontage upon and access to an improved public street. No more than three (3) existing municipal school buildings shall be permitted to be converted to housing within the Town of Westport.

1. The maximum number of dwelling units in the conversion project shall not exceed one (1) dwelling unit for each 800 square feet of gross interior floor area within the existing school building. The minimum required lot area shall not be less than 3,000 square feet of land for each dwelling unit. The overall project density shall not be greater than eight (8) dwelling units per gross acre, including both the project lot area and any contiguous town-owned recreational and/or open space lands associated with the existing school site.
2. The types of units shall be limited to efficiency, one-bedroom and two-bedroom dwelling units, only.
3. The gross interior floor area per dwelling unit shall not exceed: (1) five hundred (500) square feet for an efficiency; (2) eight hundred (800) square feet for a one-bedroom unit; and (3) one thousand (1,000) square feet for a two-bedroom unit; unless such parts of the existing building are otherwise arranged or designed to be reasonably, conveniently and safely transformed into slightly larger units.
4. Not less than 40% of the total number of units in the building shall be efficiency and one-bedroom units.
5. 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.
6. Libraries, dens, studios or similar rooms in any dwelling unit shall be counted as bedrooms.

No principal building, structure or use and no accessory building, structure or use shall extend closer than 30 feet from any street line and 25 feet from any side or rear property line; except in a Res. AAA Zone where all setbacks shall be at least 50 feet.

The height of an existing school building or structure shall not be increased in the course of conversion except for necessary mechanical units, elevator shafts, skylights, solar panels and other similar features which shall not extend more than 4 feet above the height of the existing building. No accessory building or structure shall exceed a height of either 12 feet to the top of a flat roof or 16 feet to the peak.

The building coverage shall not exceed twenty-five (25) percent and the total coverage shall not exceed sixty-five (65) percent of the lot area.

Suitably equipped and adequately maintained recreation and open space shall be provided. At least 150 square feet of usable open space shall be provided on the site for each dwelling unit. Recreation areas shall be designed to provide privacy and security.

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

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

Landscaping shall be provided in accordance with. §35 of the Supplementary Regulations.

The purpose of this section is to allow a Managed Residential Community which provides services including assistance with activities of daily living in order to enable older persons to maintain a maximum level of independence, to reflect the continuing concern of the Commission for the special needs of older persons and to provide for their safety, health and general welfare.

Construction and operation of a Managed Residential Community, including the provision of Private Residential Units all as defined herein and in §5-2.

Accessory buildings, structures and uses necessary to the operation of a Managed Residential Community include maintenance, utility and recreational facilities. Accessory buildings and structures shall not exceed 300 square feet of floor area, shall not exceed one story or 16 feet in height and shall not be used or occupied as a rooming unit or a dwelling unit. The accessory buildings shall be in keeping with the architectural style of the main building and shall not detract from neighboring residential properties.

A Managed Residential Community lot shall be located and have frontage on an arterial street as classified by the P&Z Commission in accordance with the Town Plan of Development. All buildings shall be connected to public sanitary sewer and public water.

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

Each lot shall have a minimum lot area, shall be of such shape that a minimum square will fit in the lot, and shall have a minimum frontage on at least one arterial street, as follows:

For every two affordable units built, one additional unit will be allowed up to a maximum of 5% of the total units otherwise allowed by these regulations. These units shall be permanently allocated to meet or be lower than the affordability levels for which persons and families pay 30% or less of their annual income where such income is less than or equal to the area median income for the municipality in which such housing is located, as determined by the U.S. Department of Housing and Urban Development. Rent shall include all utilities except phone and cable television. Therefore, if 10 affordable units are proposed, 5 extra units may be constructed. These are called bonus units.

No building or other structure shall exceed a height of 2 1/2 stories or 30 feet, whichever is less.

No building or structure shall exceed a Floor Area Ratio (FAR) of 0.25 on the area of the lot. 0.35 FAR shall be allowed in BCD, GBD, HDD, HSD, RBD, RORD, and RPOD.

The building coverage shall not exceed 15 % and the total coverage shall not exceed 25% in a residential zone.

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

The gross interior floor area of private residential units in a Managed Residential Community shall not be less than 350 square feet. Units cannot exceed 2 bedrooms.

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

A minimum area of useable open space of 450 sq. ft. shall be provided on the site for each private residential unit, as follows:

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

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

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.

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

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

The purpose of this section is to allow a Senior Residential Community which provides residential opportunities and services in order to enable seniors to maintain a maximum level of independence, to reflect the continuing concern of the community for the special needs of seniors and to provide for their safety, health and general welfare. Preferences for available residential units shall be given to Westport residents to the extent permissible under applicable State and Federal laws.

Construction and operation of a Senior Residential Community, including the provision of Dwelling Units for Seniors, which may include Independent Living Facilities, Assisted Living Facilities, Full Care Living Facilities, and/or Senior Center, all as defined herein and in §5-2. A Zoning Permit for Assisted Living Facilities and Full Care Living Facilities cannot be issued until 35% of the Independent Living Facility units are built and Zoning Certificates of Compliance (ZCC’s) are issued. No less than sixty percent (60%) of any Independent Living Facility units with Zoning Certificates of Compliance (ZCC’s) issued shall be affordable units pursuant to §32-15A.6.

Accessory buildings, structures and uses necessary to the operation of a Senior Residential Community including maintenance, utility, gardens and other recreational facilities customary to, and supportive of, the needs of Seniors.

A Senior Residential Community lot shall be located on Town-owned land and have frontage on an arterial street as classified by the Planning & Zoning Commission in accordance with the Plan of Conservation and Development. All buildings shall be connected to public sanitary sewer and public water. These facilities shall not be located in Special Flood Hazard Areas A and V as shown on the FIRMs for Westport.

There is no lot shape requirement. Each lot shall have a minimum lot area and shall have a minimum continuous frontage on at least one arterial street, as follows:

The applicant shall submit a plan which shall describe how all units other than affordable units provide for a priority system that prefers Westport residents, to the extent permissible under applicable State and Federal laws.

No building or other structure shall exceed a height of 3 ½ stories or forty-five feet (45’), whichever is less. However, the P&Z Commission may allow one (1) additional story and additional feet to accommodate stepped buildings and sloping sites.

Total Floor Area Ratio (FAR) shall not exceed 0.35.

The building coverage shall not exceed fifteen percent (15%) and the total coverage shall not exceed 30%.

The gross interior floor area of dwelling units in a Senior Residential Community shall not exceed an average of 1,250 square feet.

A minimum area of open space of 450 sq. ft. shall be provided for each dwelling unit, as follows:

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

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

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

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

Notwithstanding the above, interior lots created by future subdivision(s) after initial Special Permit and Site Plan approval as a Senior Residential Community need not conform to the standards and limitations of these regulations with regard to setbacks, coverage, density, floor area, and/or parking, provided that the originally approved overall special permit area maintains conformity with the standards and limitations of §32-15A and all other applicable sections of these regulations referenced herein, as approved by the P&Z Commission. Lots created by future subdivision after initial Special Permit and Site Plan approval as a Senior Residential Community, but subsequently conveyed for use other than a Senior Residential Community, shall not benefit from the standards and limitations contained in §32-15A.20.

The purpose of this section is to address the housing and other needs of an aging population by allowing for a diversity of housing types, which may include accessory services, and to provide for their safety, health and general welfare.

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

No development under this Section shall be approved unless the site meets the following special requirements, as applicable:

The total number of living units and beds on the parcel shall not exceed the following density limits:

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.

The setbacks are restricted to that which is permitted in the underlying zoning district. No setbacks shall be required from Zoning District Boundary Lines crossing the interior of the lot.

The building height is restricted to that which is permitted in the underlying zoning district.

If more than one building is constructed on a single lot, they shall be so arranged that the minimum horizontal distance between the nearest walls or corners of any principal and/or accessory detached buildings shall not be less than one-half the sum of the height of such adjacent buildings except for connecting corridor links of at least 20 feet in length and at least 8 feet in width.

The total interior floor area of a unit shall exclude garage parking spaces, mechanical rooms, common storage area, common stairs, common halls, common foyers and other similar spaces used in common. The average unit size shall not exceed 1,250 square feet. Units cannot exceed 2 bedrooms.

The total coverage permitted is 70%. The building coverage permitted is limited to 35% in residential zones and 50% in commercial zones. If 75% of the required parking is provided underground, an increase in total coverage not to exceed 75%.

A minimum area of useable open space of 150 sq. ft. shall be provided on the site for each private residential unit, as follows:

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

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

Off-street parking shall be provided in accordance with §34 of the Supplementary Regulations, except that:

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.

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

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

The first two-hundred (200) units approved for seniors under this regulation shall be exempt from §4-5, Maximum Allowable Multi-Family Dwellings.  The exemption shall be effective from the date of approval and it will be on a first come-first serve basis.  Such approval shall become null and void if a zoning permit is not secured within one (1) year.  If the approval becomes void, the exemption from the §4-5, Maximum Allowable Multi-Family Dwellings, is also void and the project must repeat the approval process.

In order to accommodate the communication needs of residents and business while protecting the public health, safety and general welfare of the community, the Commission finds that these regulations which require a special permit are necessary in order to:(813, 03/27/2023)

The sitting of commercial wireless telecommunication service facilities involved in receiving or transmitting electromagnetic waves associated with commercial wireless telecommunication services are confined to the following commercial and mixed-use zoning districts: DDD with a minimum lot size of 10 acres, BCD, BPD, CPD, GBD, HDD, HSD, RBD, RORD, RPOD zones.

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.

Construction of a commercial wireless telecommunication service facility requires a Site Plan and Special Permit approval from the P&Z Commission. Documents to be filed with the application shall be the same as those described in §44 of the Westport Zoning Regulations with the following additional information:

The applicant shall hire independent consultants approved by the P&Z staff to conduct an independent review of any application for a new tower. The consultants will work under the direction of the P&Z Dept. As many qualified professionals as are necessary must be hired so that the following fields of expertise are addressed: a) telecommunications engineering, b) structural engineering and d) others as determined by the P&Z Office. The P&Z Director may waive this requirement for municipal public safety service providers (police, fire, and emergency medical service).

When an antenna tower or a telecommunication tower is proposed, prior to the meeting with the Commission the applicant shall arrange to fly a brightly colored three foot diameter balloon at the site that is at the maximum height of the proposed installation. The applicant shall provide written notification to the P&Z Commission, at least ten days in advance, of the time and date of the flight. The balloon shall be flown for at least three consecutive hours between 9:00 A.M. and 5:00 P.M. on the dates chosen.

A commercial wireless telecommunication service facility not in use for six (6) months shall be removed by the facility owner and/or the property owner. This removal shall occur within ninety (90) days of the end of such six (6) month period.

A bond shall be required in an amount determined by the Town Engineer at the time of issuance of a zoning permit for the construction of all telecommunication towers and antenna (e) to ensure that such removal will be accomplished.

It is the purpose of this section to address the need of the Town of Westport for additional one family, two-family and multi-family affordable and middle income housing. This Regulation is intended to promote the health, safety and general welfare of the community by authorizing the conversion of existing municipal buildings and the construction of new buildings on town-owned property for the purpose of decent, safe and sanitary dwelling units and such dwelling units shall be rented or sold at below market rate. Fifty percent (50%) of the dwelling units on a property shall be affordable. The remainder will be middle income housing. In case of an uneven number of housing units more than 50% of the dwelling units shall be affordable. In the case of one dwelling on a property the unit shall be for middle income housing.

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.

Affordable housing and middle income housing only, as defined in §32-17.1 on the date that the application is filed under this section of the Zoning Regulations. Conversion of existing town owned buildings and the construction of new buildings on town-owned land for single family, two-family or multi-family dwelling units shall be permitted under this Section, subject to a Special Permit and Site Plan approval in accordance with §43 and §44 of these Regulations. Hotels, motels, rooming, boarding, Home Occupation, Level 1 or Home Occupation, Level 2, lodging houses or tourist homes shall not be permitted.

Necessary accessory buildings, structures and uses including, but not limited to, facilities for recreation, maintenance, administration, off-street parking, storage and utilities serving the development may be permitted.

1. The minimum required lot area shall not be less than 3,000 square feet of land. The project density shall not be greater than six (6) dwelling units per gross acre with no more than a total of 36 dwelling units.
2. The types of units shall be limited to efficiency, one-bedroom and two-bedroom dwelling units, except a single family dwelling may have three bedrooms.
3. The gross interior floor area per dwelling unit shall not exceed: (1) six hundred (600) square feet for an efficiency; (2) eight hundred and fifty (850) square feet for a one-bedroom unit; and (3) one thousand (1,000) square feet for a two-bedroom unit; unless such parts of the existing building are otherwise arranged or designed to be reasonably, conveniently and safely transformed into slightly larger units.
4. The gross interior floor area of a unit in a multifamily or two family unit, shall exclude garage parking spaces, common storage areas, common stairs, common halls, common foyers and other similar spaces used in common.
5. Libraries, dens, studios or similar rooms in any dwelling unit shall be counted as bedrooms.

No new principal building, structure or use and no new accessory building, structure or use shall extend closer than 30 feet from any street line and 25 feet from any side or rear property line except in a Res. AAA Zone where all setbacks shall be at least 50 feet.

The height of an existing municipal building shall not be increased in the course of conversion except for necessary mechanical units, elevator shafts, skylights, solar panels and other similar features which shall not extend more than 4 feet above the height of the existing building. No new accessory building or structure shall exceed a height of either 12 feet to the top of a flat roof or 16 feet to the peak. Additions to a building cannot exceed the height of the existing building.

The height of new buildings shall not exceed 26 feet in height. Dormers on residential properties and mixed use developments must be setback from the face of the building at least 1 foot and from the side of the building at least 2 feet. Dormers shall comply with all height requirements.

(866, 06/17/2026)

The building coverage shall not exceed fifteen percent (15%) and the total coverage shall not exceed twenty-five percent (25%) of the lot area.

Groups of buildings on a single lot shall be so arranged that the minimum horizontal distance between the nearest walls or corners of any principal and/or accessory detached buildings shall not be less than one-half the sum of the heights of such adjacent buildings for new buildings.

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

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

Landscaping shall be provided in accordance with §35 of the Supplementary Regulations.

The applicant must investigate the existing capacity sewer collection and treatment system to accommodate any increase in sanitary sewer flow created by the proposed conversion.

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.

There shall be at least 450 square feet of usable open space for each dwelling unit. Land so set aside shall be properly laid out, graded, screened and landscaped and shall include recreation facilities suited to the needs of the residents and may include land adjacent to each unit for use by its occupant.

No dwelling unit approved under these provisions shall thereafter be changed to any non-residential use.

The purpose of this regulation is to further the preservation and continued use of Historic Structures, as designated under §32-18.2 below, in Westport’s residential districts. The P&Z Commission may, by grant of a Special Permit/HRS, authorize the use, setback, height, parking, landscaping, coverage and lot area and shape incentives of this section in those circumstances where applicable zoning regulations have the practical effect of discouraging the preservation or continued use of Historic Structures. (859, 03/02/2026)

1. a.
   Before an application for a Special Permit/HRS is initiated, the subject structure must be designated as a Historic Structure for purposes of this regulation by the Historic District Commission (HDC) upon application by the owner. Structures eligible for such designation shall generally be limited to those structures erected prior to 1940 that have been maintained with adequate integrity to convey their architectural or historic significance. However, later-built structures may be considered if they are of exceptional integrity and importance or are among the last examples of their architectural style in their neighborhood. The age of a structure can be determined by a date reasonably ascertained from available physical or documentary evidence.
2. b.
   In evaluating a proposed designation, the HDC shall consider the following criteria:

   1. i.
       The structure possesses integrity of location, design, setting, materials, workmanship, feeling, and association.
   2. ii.
      The structure is associated with events that have made a significant contribution to the broad patterns of our history.
   3. iii.
      The structure is associated with the lives of persons significant in our past.
   4. iv.
      The structure embodies the distinctive characteristics of a type, period, or method of construction, or represents the work of a master, or possesses high artistic values, or represents a significant and distinguishable entity whose components may lack individual distinction.
   5. v.
      The structure has yielded, or may be likely to yield, information important in prehistory or history.
   6. vi.
      The structure is already listed as a contributing structure in a Local, State, or National Register historic district and has retained its architectural and historic integrity since the time of the listing.
   7. vii.
      The structure is a Local Historic Property, or individually listed on the State or National Register of Historic Places, and has retained its architectural and historic integrity since the time of the listing.
3. c.

   In order for the HDC to evaluate a proposed Historic Structure designation under this regulation, the applicant must supply the HDC with 1) a copy of a Historic Resources Inventory (HRI) Form for the structure, 2) current photographs of all exterior sides of the subject structure, and 3) an accompanying document describing the significant architectural or historic features of the structure and where they appear on the current photographs. To help make its determination, the HDC may request additional documentation and a site visit.

4. d.
    If the HDC concludes that the structure qualifies as a Historic Residential Structure for purposes of this regulation, the HDC shall submit a written report to the Planning and Zoning Commission (P&Z). Such report (“Designation Report”) will provide a description of how the HDC evaluated the criteria pursuant to (b) herein, and include as supporting documentation 1) an HRI Form for the structure, 2) current photographs of all exterior sides of the subject structure, and 3) an accompanying document describing the significant architectural or historic features of the structure and where they appear on the current photographs as supplied by the applicant. The HDC’s report and supporting documentation under this section shall serve as both the HDC’s conclusion that the structure qualifies as a Historic Structure for purposes of this regulation, as well as the basis for consideration of any future alterations to the subject structure as set forth in 32-18.3. (859, 03/02/2026)

1. a.
   For purposes of §32-18, an alteration is defined as any change to the exterior features of the Historic Structure. Exterior features in this context includes exterior features, such as windows and doors, which have been preserved and enclosed as the result of an addition to the Historic Structure.
2. b.
   To ensure that the historic and architectural integrity of the subject structure is maintained over time, any proposed plans for alterations to the Historic Structure shall be reviewed by the Historic District Commission as described in (c) and (d) below. HDC review under this section is not limited to alterations visible from a public way, but rather HDC review includes all proposed alterations to the exterior of the subject structure.
3. c.
   When an application for a Special Permit/HRS under §32-18 includes any proposed alteration to the Historic Structure, the proposed alteration shall be referred to the Historic District Commission for a recommendation based on compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Standards for Rehabilitation. In making its recommendation, the HDC shall detail in writing for the P&Z Commission its reasons for concluding that the proposed alteration does or does not comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. In making its determination, the HDC shall rely on the Designation Report and supporting documentation required by §32-18.2(d) herein, to identify the significant historic or architectural features of the subject structure.
4. d.
   Once a Special Permit/HRS has been granted, no subsequent alterations shall be made unless the proposed alteration is reviewed by the HDC Administrator, in consultation with the HDC Chairperson, to evaluate whether HDC review is required; and is reviewed by the P&Z Commission or their designee to determine if approval is required from the P&Z Commission. HDC review may not be required when the proposed alteration does not impact significant historic or architectural exterior features of the Historic Structure as identified in the Designation Report and supporting documentation as set forth in §32-18.2(d) herein . However, all applications for alterations that do impact significant historic or architectural exterior features of the Historic Structure, as well as all applications for additions, must be referred to the Historic District Commission for a recommendation based on compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Standards for Rehabilitation. In making its recommendation, the HDC shall detail in writing for the P&Z Commission its reasons for concluding that the proposed alteration does or does not comply with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Standards for Rehabilitation . The P&Z Commission or their designee will receive and act upon the Designation Report to determine if approval is required from the P&Z Commission.
5. e.
   When work is completed for alterations approved by the HDC and P&Z, the applicant shall supply both Commissions with dated photographs and a short description of the completed work to be permanently attached to the Designation Report required by §32-18.2(d) herein. All work shall be inspected by the Zoning Official. Any unauthorized deviations from previously approved alterations, or any alterations made without approval where such approval was required, may constitute a revocation of the Special Permit approval in which case the easement shall be made null and void upon recording a notice of such revocation on the Westport Land Records. The property may be subject to any and all legal means available to the P&Z Commission to correct any unauthorized work at the property owner’s expense, and may be subject to any other enforcement action that the P&Z Commission, through the Zoning Official, deems necessary.
6. f.
   Any significant maintenance required by a Historic Structure covered by this regulation to preserve its structural and historic integrity shall be completed by the owner within a reasonable period or within eighteen months of notification by the Zoning Official.
7. g.
   Emergency repairs may be made by the owner as a result of fire, flooding, or other similar type of damage. The Zoning Official shall be notified in writing not later than 72 hours after the repair or stabilization process is initiated. A plan for permanent repair must be submitted for review to the P&Z Office. This will include review by the HDC Administrator. The subject structure must be returned to its previous exterior appearance within eighteen months. (859, 03/02/2026)

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

1. a.

   A copy of the HDC’s Designation Report and supporting documentation as required to be prepared under 32-18.2 (d) herein.

2. b.
    Any proposed plans for alteration to the Historic Structure or its use. Any proposed plan for alteration must be accompanied by the recommendation of the HDC pursuant to 32-18.3 (c) herein.
3. c.
   All applications shall be accompanied by a perpetual preservation easement pursuant to Connecticut General Statutes, Section 47-42 a-c, enforceable by the P&Z 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 and to charge the expense thereof to the owner upon the owner’s failure to preserve the structural or historic integrity of the historic structure or historic accessory structure. (859, 03/02/2026)

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

1. a.
   The P&Z Commission accepts the findings of the HDC’s Historic Structure Designation Report (“Designation Report”) as submitted to the P&Z pursuant to §32-18.2(d) herein.
2. b.
   The preservation of the Historic Structure is in the public interest and will promote the general health and welfare of the residents of the Town.
3. c.
   The proposal will permit the preservation and exterior historic integrity of the historic structure.
4. d.
   The historic 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, use incentives to allow for its preservation, retention of its historic scale and/or its location on the property.
5. e.
   The proposal will be contextually consistent with the architectural design, scale and massing of the subject structure.
6. f.
   The proposal will not adversely affect public safety.
7. g.
   The proposal will be consistent with the current Plan of Conservation and Development and other Westport zoning regulations.
8. h.

   The proposal will be consistent with §44-6, Special Permit standards. (859, 03/02/2026)

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 the P&Z 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 and to charge the expense thereof to the owner upon the owner’s failure to preserve the structural or historic integrity of the historic structure. (859, 03/02/2026)

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

1. a.
   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. b.
   Where the lot size and shape of a Historic Structure is such that the lot can be feasibly subdivided in order to save the Historic Structure from demolition, the P&Z Commission may create such additional lot.

   1. i.
       This provision is limited to lots containing principal structures built before 1830. If the age of a structure is uncertain or ambiguous, the age of the structure will be determined for purposes of this section by a date reasonably ascertained from available physical or documentary evidence.
   2. ii.
      When evaluating a specific proposed lot division, the primary considerations are whether the resulting lot for the Historic Structure will be contextually consistent with the architectural design, scale and massing of the Historic Structure, and also, whether the resulting lot for the Historic Structure will encourage the applicant and future owners to limit additions to the Historic Structure.
   3. iii.
      This incentive does not apply to any lot located in an established Local Historic District or any lot in which a Historic Structure was demolished after March 2, 2026.
   4. iv.
      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 other incentives under §32-18.7 (859, 03/02/2026; 871, 08/31/2026)

The purpose of this regulation is to encourage expanded use of Town owned public school athletic fields while not causing unreasonable adverse impacts to surrounding residential neighborhoods. The amount of lighting required shall achieve safe conditions for athletes, coaching staff and spectators. Lighted Athletic Fields on Town Owned Property are subject to a Special Permit and Site Plan approval in accordance with §43 & §44, herein, and subject to the following conditions:(850, 03/17/2025)

The following town-owned public school properties are eligible for the installation of permanent and/or temporary athletic field lighting:

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) 

An application for Site Plan and Special Permit shall be submitted as required under §43 & §44 of the regulations. In addition the applicant must submit the following:

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)

When considering Lighted Athletic Fields on Town Owned Public School Property, the Planning and Zoning Commission shall consider and determine in each case the following:

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.

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

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.

Any Special Permit for permanent or temporary Lighted Athletic Fields on Town Owned Public School Property approved by the Planning and Zoning Commission under this regulation shall be subject to the following.

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)

Only one Home Occupation, Level 2 shall be conducted on any premises. Such occupation shall be conducted by one or more residents of the premises.

A Home Occupation, Level 2 shall be located within the Principal Building on the lot. Such occupation may also be located in an Accessory Building pursuant to §32-18. The Home Occupation, Level 2 shall be incidental and clearly a secondary use of the principal residence.

Except as provided for in §32-18, Permitted Uses in Historic Accessory Structures, the total interior floor area devoted to a Home Occupation, Level 2 shall not exceed 25% of the floor area of the Principal Building, excluding cellars and basements, and including waiting rooms, file rooms and similar spaces devoted to uses which are supplementary to such occupations. In the case of a Two-Family building, the floor area of the Principal Building shall be interpreted as the floor area of the individual dwelling unit.

There shall be no more than ten (10) visitor, patron, client or associate visits per day.

No more than four (4) students or pupils at any one time shall be permitted.

More than one non-resident on-site employee or contractor is allowed, subject to approval by the P&Z Commission.

No display shall be visible from the outside.

Pursuant to §33-6 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, Level 2 is permitted.

2 off-street parking spaces are required in addition to the 2 parking spaces required for a single family residence plus additional parking as determined by the P&Z Commission. No parking spaces shall be located within the minimum required front setback.

The use of any Multiple Family Dwelling Unit for any Home Occupation, Level 2 shall be prohibited.

Either one (1) Home Occupation Level 1 or Level 2 is permitted per lot.

When considering boat sales including accessory boat repairs and storage, the P&Z Commission shall consider and determine the following:

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.

Any Special Permit for boat sales including accessory boat repairs and storage approved by the P&Z Commission under this regulation shall be subject to the following:

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.

Sites for a potential small home development of single-family and/or two-family dwellings shall meet the following locational and size criteria:

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.

The maximum bedroom density shall not exceed 12 bedrooms per gross acre. The maximum unit density shall not exceed 6 dwelling units per gross acre. A comprehensive site plan shall be submitted for the overall small home development.

Dwelling units shall not exceed an average of 2,000 square feet or a maximum of 2,400 square feet of total floor space on the 1^st and 2^nd floors, exclusive of basements, cellars, attics and garages. The maximum total floor space for each unit and the development shall be certified by a Registered Architect. The dwelling units shall not contain more than three (3) bedrooms per unit. Building floor plans shall be submitted for all of the units.

At least sixty percent (60%) of the dwelling units in the development shall be dedicated to and occupied by persons fifty-five (55) years of age and older or a person of any age with disabilities who is receiving Social Security Disability payments.

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

Setbacks for buildings, structures and uses shall be in accordance with Section 13-4, herein.

Principal buildings shall not exceed 2 stories and 26 feet in height.

Building coverage shall not exceed 20% of the lot area. Total coverage shall not exceed 35% of the lot area.

All principal buildings shall be at least 15 feet distance from one another.

Off-Street parking shall be in accordance with Sec. 34 of the Supplementary. Regulations, except that the small home development shall not be served by a single common parking lot and at least one (1) garage shall be provided for each dwelling unit.

At least 150 square feet of usable open space shall be provided on the site for each dwelling unit; and shall be of a passive recreation nature suited to the needs of the residents.

The site shall be served by public water and by either, public sanitary sewers or by on-site septic facilities approved by the Westport Weston Health District (WWHD) applicable regulatory agency. 

No more than three (3) small home developments shall be permitted within the Residence A Zone.

All other applicable provisions of the Residence a Zone and the Special Permit/Site Plan standards shall apply and all fractional calculations of 0.5 or more shall be rounded up.

The purpose of this regulation is to define the locations of retail medical marijuana Dispensary Facilities that may adversely affect existing residential neighborhoods, property values, Schools, Public Buildings, Places of Worship, Public Parks and Public Recreation Areas. Retail medical marijuana Dispensary Facilities shall be required to comply with applicable local and Connecticut State Regulations.

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

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.

Medical marijuana Dispensary Facilities are permitted in non-residential districts provided they are separated from protected uses as identified in §5 of these regulations. Protected uses include Schools, Day-Care Centers or Nursery Schools, Public Buildings, Places of Worship, Public Parks and Public Recreation Areas:

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.

The number of dispensaries permitted in Westport will be limited to two (2).

Properties eligible to adaptively reuse and redevelop nonresidential buildings to housing shall:

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)

Adaptive Reuse and/or Redevelopment of existing nonresidential buildings to Multi-Family Dwelling units, subject to a Special Permit and Site Plan approval in accordance with §43 and §44 of these Regulations except as otherwise provided herein.(777, 07/23/2020) 

Accessory buildings, structures and uses including facilities for recreation, maintenance, administration, off-street parking, storage and utilities serving the residential development may be permitted.(777, 07/23/2020) 

The maximum number of dwelling units shall not exceed one (1) dwelling unit for each 1,600 square feet of gross floor area within the existing nonresidential building.(777, 07/23/2020) 

The total floor area of all proposed uses shall not exceed the existing floor area prior to redevelopment. Mechanical areas and garage parking spaces are exempt from this floor area requirement. Exempt garages may also include storage space. (777, 07/23/2020) 

Nonconforming Historic Structures may be allowed to remain and be redeveloped provided that any new building footprint shall comply with the setback requirements of the underlying zoning district.(777, 07/23/2020) 

To encourage compatibility with Historic Structures proposed to remain, redeveloped buildings may be allowed the same height as the existing Historic Structures. Detached garage structures shall not exceed 23 feet in height. Dormers on residential properties and mixed use developments must be setback from the face of the building at least 1 foot and from the side of the building at least 2 feet. Dormers shall comply with all height requirements.

(777, 07/23/2020; 866, 06/17/2026)

Building Coverage shall not exceed thirty (30%) percent and Total Coverage shall not exceed seventy (70%) percent.(777, 07/23/2020) 

Signs shall be permitted in accordance with §33 of the Supplementary Regulations except where an Historic Structure is to remain, a free-standing sign shall be a minimum of five (5) feet from any property line.(777, 07/23/2020) 

Off-street parking shall be provided in accordance with §34 of the Supplementary Regulations, except drive aisles shall not be less than twenty-four (24) feet in width.(777, 07/23/2020) 

Where an Historic Structure is to remain on a site limited by easements for drainage, sanitary sewers, and/or utilities, and where existing landscaped areas are being increased by not less than 15% of the site area, a front landscaping buffer of not less than twenty-five (25) feet shall be maintained along site frontage(s) not occupied by a building. A comprehensive landscaping plan shall be approved by the Planning & Zoning Commission, where the Commission makes a finding that such design can be reasonably shown to moderate heat, noise, glare and accumulation of dust, to shade, to provide privacy from noise and visual intrusion and to prevent the erosion of the soil, excess run-off of drainage water and the consequent depletion of the ground water table and the pollution of water bodies, watercourses, wetlands, and aquifers and to guide the safe circulation of cars and people to parking lots.(777, 07/23/2020) 

Special Permit applications shall be referred to the Architectural Review Board for recommendations.(777, 07/23/2020) 

Prior to a final  Zoning Certificate of Compliance (ZCC) for the development, the equivalent of 20% of the proposed units shall be provided as offsite affordable housing including an affordability plan to be reviewed and approved by the Commission. Such units shall be affordable to households whose income does not exceed 80% of the State Median Income as provided by CT General Statutes §8-30g. Fractional units shall be rounded up. When approving the equivalency, the Planning and Zoning Commission shall evaluate the number, location, and design of such units. If all conditions of the offsite affordable housing are not satisfied at the time a final ZCC is being sought, the Planning and Zoning Commission may require that some or all of the required affordable housing be provided onsite.(777, 07/23/2020) 

Special Needs Housing shall be located within an existing building in the Residence A District on Town owned property, or in the DDD#4 District north of the Merritt Parkway. (778, 06/03/2020; 842, 04/12/2024) 

The maximum allowable density shall not exceed six (6) units per building.(778, 06/03/2020) 

 All proposed units shall be affordable to households whose income does not exceed 60% of the State Median Income as provided by CT General Statutes §8-30g, and an affordability plan shall be required prior to the issuance of a Zoning Certificate of Compliance.(778, 06/03/2020)

In order to prevent the potential transmission of COVID-19 at fitness studios, gyms and sports centers (“Fitness Businesses”), located in the Town of Westport that are not otherwise eligible for authorization to operate outdoors pursuant to Governor Lamont’s Executive Order #7MM, this Section shall supersede any conflicting provision of the Westport Zoning Regulations for the duration of this Section. (784, 08/01/2020) 

This Section shall remain in effect until December 31, 2021 or until otherwise modified or rescinded by the Planning and Zoning Commission, or if Fitness Businesses are closed by the Governor or his designee to contain the spread of COVID-19.(784, 08/01/2020; 790, 04/01/2021) 

Any Fitness Business seeking to conduct operations outdoors (Outside Studio Operations) pursuant to this section, must comply with the following requirements:(784, 08/01/2020) 

Any Outdoor Studio Operation must comply with all legal and safety requirements applicable to tents over a certain size or utilizing electricity as set forth in the State of CT Building and Fire Codes.(784, 08/01/2020) 

Any Zoning Regulation requiring a minimum number of parking spaces or prohibiting Outdoor Studio Operation from taking place in parking lots serving the Fitness Businesses is suspended to the extent required to permit such Outdoor Studio Operation alone or in conjunction with any other authorized activity, including any activity required to enable the response to the COVID-19 pandemic.(784, 08/01/2020) 

The Outdoor Studio Operation may be located within the side or rear setback.(784, 08/01/2020) 

Fitness Businesses shall self-certify that the Outdoor Studio Operation meets all of the requirements set forth in Section 32-28.3 above by completing Exhibit A and submitting it to the Planning and Zoning Department following endorsement by the Fire Marshal or his designee following his/her inspection. Any Zoning Regulation relating to applications for Outdoor Studio Operation is suspended to the extent that it requires any of the following documents: plans stamped by a licensed engineer, landscape architect, or architect; site survey; parking plan; traffic study or plan; sign plan; soil erosion and sediment control plan; photometric lighting plan; or stormwater management plan; provided that the applicant has submitted, with their self-certification form, at a minimum, a drawing or illustration, roughly to scale or dimensioned and depicting with reasonable accuracy the outdoor area that is proposed to be used along with evidence of the property owner’s written permission for such use, and evidence that the Fitness Business has obtained their COVID-19 self-certification from the Department of Economic and Community Development (DECD).(784, 08/01/2020; 790, 04/01/2021) 

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.

Notwithstanding any contrary Zoning Regulation, any Outdoor Studio Operation pursuant to this regulation is subject to review by the Director of the Planning & Zoning Commission, in the event that there are environmental or stormwater issues arising from the Outdoor Studio Operation.(784, 08/01/2020) 

No Outdoor Studio Operation may occur on any public sidewalk, public non-vehicular right of way or municipal or state roadway.(784, 08/01/2020) 

Any Zoning Regulation that would provide nonconforming use or structure rights to any Outdoor Studio Operation or structure permitted pursuant to this Section is suspended.(784, 08/01/2020) 

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

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) 

The Building Area of the dwelling units shall not exceed an average of 850 square feet.(835, 11/01/2023) 

At the discretion of the Planning and Zoning Commission, no principal or accessory building, structure or use shall extend closer than fifteen (15) feet from any residential lot line and ten (10) feet from any non-residential lot line or road right-of-way. (835, 11/01/2023) 

Principal buildings shall not exceed 2 stories and 26 feet in height. All building roofs must be pitched with a minimum slope of six to twelve (6:12).(835, 11/01/2023) 

Building coverage shall not exceed 50% of the lot area. Total coverage shall not exceed 70% of the lot area. (835, 11/01/2023) 

All principal buildings shall be at least 10 feet distance from one another. (835, 11/01/2023) 

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

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

(835, 11/01/2023) 

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

Common open space shall be located with cottages abutting on at least two (2) sides and abutting a minimum of fifty percent (50%) of the cottages in the cluster.(835, 11/01/2023) 

Landscaping, screening and buffer areas shall be provided in accordance with §35 of the Supplementary Regulations provided that such buffers may include retaining walls; however, the minimum required front landscape area may be reduced to ten (10) feet in depth. Sidewalks shall be provided in accordance with §35-2.2.4 of the Supplementary Regulations. (835, 11/01/2023) 

No more than five (5) Cottage Cluster Developments shall be permitted in Westport.(835, 11/01/2023) 

All proposed units shall be affordable to households whose income does not exceed 80% of the State Median Income as provided by CT General Statutes §8-30g, and an affordability plan shall be required prior to the issuance of a Zoning Certificate of Compliance. (835, 11/01/2023) 

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

The Conservation Department shall review any proposed septic system beyond 7,500 gallons per day (which also requires approval from CT DEEP Subsurface Sewage Disposal Program) if proposed on, or adjacent to, properties with wetlands and watercourses. (835, 11/01/2023) 

Building coverage shall not exceed twenty percent (20%) of the lot area and the total coverage shall not exceed fifty-percent (50%) of the area of the lot.

Onsite parking shall be provided at a minimum of one parking space per dwelling unit.

The Front Landscaping Area standard of §35-2.2 may be reduced to twenty-five (25) feet by the P&Z Commission.

Public water and sewer must be available for the property, and all units must be connected to the sewer and water lines.

A Supportive Housing building shall include not more than six (6) dwelling units and shall not contain more than ten (10) bedrooms. No unit shall have more than two bedrooms. There shall be one (1) building per lot. The maximum building size shall be 5,000 square feet of floor area, inclusive of garage area.

Unit sizes: The gross interior floor area per dwelling unit shall not exceed:

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.

Pitched roof buildings shall be required.

Roof-top mechanical equipment shall be prohibited; except for energy conservation systems such as solar energy panels.

Dwelling unit facades should be designed to avoid a barracks or dormitory appearance. Staggered or off-set unit facades and/or varied unit façade materials shall be utilized.

Buildings should be designed and located on the site so as to retain the existing topography and natural features of the land to the greatest extent possible.

Refuse collection areas shall be provided, screened, supplied with covered receptacles and conveniently located to serve all dwelling units.

Mail boxes shall be provided, covered from the elements and conveniently located to serve all dwelling units.

For any multi-family Single Use Development, the minimum planted buffer strip required under §35, herein, may be extended along any side or rear lot line located between the dwelling units and any adjoining non-residential use or vacant lot.

All utilities and conduits within the site for a multi-family Single Use Development 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.

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.

Any development application for Supportive Housing use shall require the applicant investigate the existing capacity of the sewer collection and treatment system to accommodate any increase in sanitary sewer flow created.

Walks, ramps and driveways shall be safely designed. Handrails & ample places for rest shall be provided. Gradients of walks shall not exceed five percent (5%).

All parking areas and active recreation areas, shall not be less than ten (10) feet from any building or thirty (30) feet from any front lot line and ten (10) feet from any rear and side lot lines. Open parking areas, including access ways and driveways, shall be paved with hard-top surfaces upon a suitable subgrade in accordance with Town road standards. The pavement area shall be adequately drained so as to prevent excessive accumulations of water, snow and ice.

There shall be provided a safe and convenient system of drives, service access roads and walks, designed with such items as handrails and ramps. Such facilities shall be adequately lighted and said lighting shall not be directed onto adjacent streets or properties.

A project of 40 beds or more shall only be permitted either on a site with at least 100 feet of frontage on a public street within a commercial zone or within an existing building (or buildings) containing 20,000 square feet or more of gross interior floor space.

An existing hospital or other medical institution may replace its building or buildings as long as:

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.

All regrading of properties regardless of the amount of disturbance or quantity of material involved shall require Site Plan and Special Permit approval by the Planning & Zoning Commission for an Excavation & Fill Permit except as noted below.

Exemptions: The following activities shall be exempt from requiring an Excavation & Fill permit but shall conform to the standards listed in §32-8.2 and §32-8.3:

1. a.
   Excavations or filling of earth products in connection with the construction or alteration of a principal building or structure, Accessory Dwelling Unit, detached garage, 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. (860, 02/16/2026)
2. b.
   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. c.
   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. d.
   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. e.
   Construction of a retaining wall used solely for the purpose of constructing a driveway or roadway.
6. f.
   Construction of approved shoreline flood and erosion control structures.
7. g.
   The placement or installation of utility lines or services.
8. h.
   Incidental filling, grading or excavation in connection with maintenance or repairs to a property.
9. i.
   Customary landscaping and temporary collecting, stockpiling and reuse of topsoil.

1. In any Residential Zoning District, the maximum amount of excavation or fill permitted on any lot of 10,000 square feet or more in area shall not exceed an amount greater than that required to raise or lower said parcel ten (10) feet above or below the existing natural grades over an area equal to 50% of the allowable Total Coverage in the respective zone.
2. In any Non Residential Zoning District, the maximum amount of excavation or fill material permitted on any lot of 10,000 square feet or more in area shall not exceed an amount greater than that required to raise or lower said parcel ten (10) feet above or below the existing natural grades over an area equal to 50% of the allowable Building Coverage in the respective zone.
3. For lots with fewer than 10,000 square feet in a Residential or Non Residential Zone, the maximum amount of excavation or fill shall not exceed 500 cubic yards and shall not exceed ten (10) feet above or below the existing natural grade in any location.

The following formula shall be used to compute the maximum allowable excavation or fill amount: Lot Area (square feet) X 50% of Total Coverage percentage in Residential Zoning District or 50% of Building Coverage percentage in Non Residential Zoning District X ten (10) feet divided by 27 cubic feet/1 cubic yard = maximum allowable excavation or fill in cubic yards.

No portion of any lot shall be filled or excavated to a height or depth greater than ten (10) feet above or below the existing natural grade. On any lot the total allowable quantity of fill permitted under §32-8.2, above, shall exclude any fill that is required by the Aspetuck Health District under §32-8.2.4 below. Fill height shall not exceed a ratio of 0.20 relative to the distance from the property line, excavation or fill of driveways in front and side setbacks shall be exempt from this requirement.

In instances where fill material is expressly required by Westport-Weston Health District for a septic system, both primary and reserve areas, the total area to be filled for septic purposes shall not be raised more than 4.0 feet above the existing natural grades at the time of application for either a Zoning Permit, Site Plan, Special Permit or Subdivision Application; except that the total amount of fill shall not exceed 1,185 cubic yards, based on an area of 100 feet X 80 feet = 8,000 square feet X 4 feet = 32,000 divided by 27 = 1,185 cubic yards.

When fill is required for a septic system, no portion of any lot shall be filled to a height greater than four (4) feet above the existing natural grade. The amount of fill permitted for a septic system shall be allowed exclusive of any fill allowed under §32-8.2, above.

The combined total maximum allowable quantity of excavation and fill on any lot shall not exceed the sum of the maximum quantities of excavation and fill allowed under §32-8.2 and 32-8.2.5, above. This shall be based upon the total excavation and fill, not the net change.

The natural existing grades shall be either the contour of elevations based upon an up to date topography survey verified in the field with even numbered two (2) foot contour as a minimum, as may be amended from time to time, or the contour elevations and/or spot elevations as shown on an existing conditions survey map prepared by a Registered Land Surveyor. Said contours or spot elevations shall be based on North American Vertical Datum (NAVD) of 1988 datum.

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.

The premises shall be excavated and graded in conformity with the proposed contour plans as approved.

All manmade earth slopes shall not exceed five (5) horizontal to one (1) vertical (20%) unless approved by the Town Engineer. Slopes of greater than 20% but no more than 35% may be permitted for sand dunes created as part of beach nourishment or replenishment projects, if recommended by CT DEEP Land and Water Resources Division due to site characteristics. This shall not apply to the installation of public sidewalks in accordance with §34-11.2.4 or where excavation is required to create improved sight distances provided the created slopes are stabilized and there is no objection from the Town Engineer. (775, 03/30/2020; 868, 07/06/2026)

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

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

   Installation of public sidewalks in accordance with §34-11.2.4.

4. d.
   Improvement of sight distances where grading is beyond the minimum required for the installation of a driveway or roadway.

No equipment other than for digging, drilling, leveling and bringing in or carting away excavated material or fill shall be maintained on the premises.

No processing of earth of any kind shall be conducted on the site except for material that is excavated directly from the project site for use on the project site.

There shall be no sharp declivities, pits or depressions.

Proper surface drainage shall be provided and groundwater shall not be polluted.

After excavation or filling, the premises shall be cleared of debris and temporary structures within the time provided in the permit.

Fill material shall not include organic (for example tree stumps, leaves, brush or other materials that decompose, etc.) or petroleum based products or materials.

Erosion Control measures shall be required as provided for in §37.

Activities may not be undertaken to circumvent the protection of property sought by the provisions of this regulation so as to change the groundwater table, to excavate a basement or cellar built below the ground water table thereby increasing surface run off by pumping water to the surface or to alter natural drainage basins or flows. The Zoning Official or the Planning & Zoning Commission shall take appropriate enforcement action to prevent this from occurring.

A layer of arable soil of reasonable depth to be spread over the premises upon the completion of the excavation or filling operation in accordance with approved contour lines, except for beach nourishment or replenishment projects. (775, 03/30/2020)

A suitable ground cover planted and grown to an erosion resistant condition.

The following shall be considered: location, intensity and type of operation contemplated in each application. Conditions may be imposed for safety of operations and to prevent damage to adjacent lands or improvements, including the specifications of appropriate performance standards.

Filling with and/or removing earth products shall be restricted to areas which have access to roads of sufficient width and capacity to carry maximum projected loads. When alternate routes are available, truck traffic shall avoid routes which require passage through residential areas.

Locations shall be avoided where it is anticipated that the activity may cause slides, sinking, collapse of supporting soil, erosion by wind or water, water pollution, undue alterations of the water table of adjoining properties or any other deleterious effects.

Activities shall also be reviewed with respect to the condition of the site after completion of the operation and the relationship of that site to existing and permitted development in the general area in which the site is located. The applicant's proposed Restoration Plan for the site must demonstrate the extent to which the site can, and reliably will, be restored to condition, and will facilitate the development of the general area. For this purpose, the Commission shall exercise judgment as warranted by the circumstances of each case to impose conditions including but not limited to:

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)

No minimum lot area or shape. Any lot using this regulation must provide frontage on an arterial street that is equal to at least fifteen percent (15%) of the perimeter of the lot.

Any lot created by subdivision or lot merger not in existence at the time this regulation was created must have a Regularity Factor of at least 0.55.

Primary access to the development must be from a non-residential portion of lot.

The maximum allowable density shall not exceed 20 bedrooms per gross acre. An additional maximum density of 6 bedrooms per gross acre is permitted for affordable units that are exempt from this calculation. The maximum number of units per acre shall not exceed eighteen (18) inclusive of affordable units.

For the purpose 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 purpose of this subsection is to encourage the increase in the diversity of housing choices for, and eliminate nonconforming commercial uses of, lots located within certain split zone districts.  Notwithstanding any other provision of these Regulations, when a lot is located within a split zone district involving the GBD and Residence A zone districts, and a proposal is to eliminate and/or abandon a nonconforming  septic tank manufacturing company with associated contractor’s yard use located on any portion of the lot, and to substitute such nonconforming use with a Multi-Family dwelling use, then the maximum allowable density shall not exceed thirty units per gross acre, with a maximum allowable density not to exceed thirty-two units regardless of lot size, unless otherwise permitted by these Regulations.  The maximum allowable number of bedrooms shall be fifty bedrooms per gross acre, with a maximum allowable number of bedrooms not to exceed forty-seven bedrooms regardless of lot size, unless otherwise permitted by these Regulations.  When calculating a gross acre for purpose of this subsection, that area of the lot located within the Residence A zone district shall not be included. (772, 08/06/2019)

For buildings within the GBD, RPOD, RORD, RBD, BCD and DDD #2 zoning districts, of which at least one-third (1/3) of the floor area is residential, a height of thirty-five (35) feet is allowed. Dormers on residential properties and mixed use developments must be setback from the face of the building at least 1 foot and from the side of the building at least 2 feet. Dormers shall comply with all height requirements.

(866, 06/17/2026)

for a building in which less than one-third (1/3) of the floor area is residential use, the height is restricted to that which is permitted in the underlying zone.

By Special Permit approval, the P&Z Commission may exempt an additional minimal amount of coverage associated with open porches, decks, balconies and other similar open structural projections from building coverage; provided that such open structural projection will benefit public access, safety or convenience or will further the intent to preserve and/or enhance the historic features and appearance of the area, and at the discretion of the Commission at the time of Special Permit approval on sites that include at least 20% affordable housing.(813, 03/27/2023; 872, 08/15/2026)

the total coverage shall not exceed seventy percent (70%) of the area of lot.

In order to encourage underground parking and a reduction in coverage, a density bonus of two (2) units, a residential FAR bonus of 0.05, and an exemption for floor area within a cellar or basement will be permitted, if at least one (1) underground space is provided per unit and if the total coverage is reduced to 65%. The maximum number of units in a Transit Community Middle Housing Development shall not exceed nine (9) with such density bonus.

(872, 08/15/2026)

Unit Size: The total interior floor area of a unit shall exclude garage parking spaces, common storage area, common stairs, common halls, common foyers and other similar spaces used in common. The average unit size shall not exceed 1,250 square feet.

In order to encourage underground parking and a reduction in coverage, a density bonus of two (2) units, a residential FAR bonus of 0.05, and an exemption for floor area within a cellar or basement will be permitted if at least one (1) underground space is provided per unit and if the total coverage is reduced to 65%. The maximum number of units in a Transit Community Middle Housing Development shall not exceed nine (9) with such density bonus.

(872, 08/15/2026)

Exterior lighting shall be provided and maintained by the property owner at all access points to streets, parking areas, building entrances and elsewhere for the safety of vehicular and pedestrian traffic. All exterior lighting shall be low-level, except for required street lights. The glare from light sources shall be shielded from roads and abutting properties. Lighting must be provide in accordance with §44-5.5 of the Regulations.

Refuse collection areas shall be provided, screened, supplied with covered receptacles and conveniently located to serve all dwelling units.

Mail boxes shall be provided, covered from the elements and conveniently located to serve all dwelling units.

All standards listed in §32-8.2.3 shall be adhered to with the exception that a fill height ratio of up to 0.50 relative to the distance from the property line shall be permitted in the side and rear yard setbacks and within five-feet (5’) of the property line to allow grading to create a landscape feature designed to provide screening to adjacent properties for Multi-Family dwelling use on a lot located within a split zone district involving the GBD and Residence A zone districts, and a proposal is to eliminate and/or abandon a nonconforming  septic tank manufacturing company with associated contractor’s yard use. (772, 08/06/2019)

All standards listed in §32-8.3.2 shall be adhered with the exception that slopes of up to one vertical to two horizontal (1V:2H) shall be permitted in the side and rear yard setbacks and within five-feet (5’) of the property line to allow grading to create a landscape feature designed to provide screening to adjacent properties for Multi-Family dwelling use on a lot located within a split zone district involving the GBD and Residence A zone districts, and a proposal is to eliminate and/or abandon a nonconforming  septic tank manufacturing company with associated contractor’s yard use. (772, 08/06/2019)

All utilities and conduits 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.

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. Storm drainage facilities shall be provided and shall be designed to achieve a zero impact run-off based on a minimum 25-year storm flow. Street culverts and bridges shall be designed for a 100-year storm flow.

In conjunction with residential units proposed as part of this regulation, 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. An affordability plan must be submitted at the time of application in accordance with same. Fractional units at 0.5 and above shall be rounded up. In any case at least one (1) unit must be affordable. 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).

Affordable housing units cannot be clustered, but shall be reasonably dispersed throughout the development and shall contain, on average, the same number of bedrooms and the same quality of construction as the other units in the development. Amenities for the market rate and below market rate units shall be comparable. No affordable unit shall be smaller than 75% of a market rate unit containing the same number of bedrooms.

Any such home for the youth shall obtain a license for a group home from Conn. Dept. of Children and Youth Services (DCYS) within one year of the granting of a Special Permit or said Special Permit shall become null and void.

The P&Z Commission may authorize the issuance of a Temporary Zoning Permit for 6 months, renewable for one additional 6 month period, pending receipt of the license from Conn. DCYS.

Prior to the issuance of a final Zoning Permit, a certification in the form of an affidavit and appropriate supporting documents shall be submitted within one year to the Zoning Enforcement Office to verify:

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.

Prior to the issuance of a Zoning Permit, a certification in the form of an affidavit and appropriate supporting documents shall be submitted to verify:

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.

Annual certification is required in accordance with §32A-13.5.1. The non-profit corporation that submitted the Special Permit application shall submit such notarized affidavit to the Zoning Enforcement Officer by January 31st of each year as a requirement for the continuance of the Special Permit.

No garages, carports or other parking buildings shall be permitted.

A safe and convenient system of drives, service access roads and walks shall be provided and shall be designed with amenities such as handrails and ramps. Such facilities shall be adequately lighted from low to medium height poles and said lighting shall be down-directed. Gradients of walks shall not exceed five (5) percent.

All parking areas, including aisles and driveways, shall be paved with hard-top surfaces upon a suitable subgrade. The pavement areas shall be adequately drained so as to prevent excessive accumulations of water, snow and ice.

Refuse collection areas shall be provided, screened, supplied with covered receptacles, and conveniently located to serve all dwelling units.

Mail boxes shall be provided, covered from the elements and conveniently located to serve all dwelling units.

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.

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.

The building fenestration, facade and roof line shall be preserved.

All buildings shall be compatible with the existing architecture.

The historic and/or architectural integrity of the existing building shall be maintained.

The maximum allowable density shall not exceed 15 residential units per gross acre in any permitted zoning district (see §32-15.7.2). Units shall not contain more than two (2) bedrooms. For the purposes of these regulations, libraries, dens, studios, studies, lofts and other similar spaces within private residential units shall be deemed to be bedrooms.

The total number of residential units shall not exceed 90 on a site of 8 acres or less, 105 units on a site 8 acres up to 9 acres, and 115 units on a site over 9 acres on any Managed Residential Community site, plus bonus units.

The total aggregate number of residential units permitted on all Managed Residential Community sites shall not exceed 300 units including bonus units, under these Managed Residential Community Regulations.

Minimum setbacks from lot lines for principal and accessory buildings or structures shall conform to the following:

Minimum setbacks from lot lines for parking spaces and loading areas shall conform to the following:

No setbacks shall be required from Zoning District Boundary Lines crossing the interior of the lot.

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.Useable Open Space must not have slope greater than 5% and shall be free of wetlands, 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.

Refuse collection areas shall be provided, suitably screened, supplied with covered receptacles and conveniently located to serve the facility.

Ground mounted mechanical units or equipment shall not be located within any setback area or buffer area and shall be suitably screened.

Exterior site lighting shall be adequate for public safety and resident security. Pole lights shall be limited to a height of 16 feet with down-directed fixtures. Spotlights on the building are prohibited.

No wall of any building shall exceed 50 feet in length in an unbroken plane without an off-set of at least five (5) feet;

Rooftop mechanical equipment shall be adequately screened except for energy conservation systems such as solar energy panels;

All buildings shall have pitched roofs;

If more than one building is constructed on a single lot, they shall be so arranged that the minimum horizontal distance between the nearest walls or corners of any principal and/or accessory detached buildings shall not be less than one-half the sum of the height of such adjacent buildings except for connecting corridor links of at least 20 feet in length and at least 8 feet in width.

All utilities and conduits within the lot shall be underground.

All buildings on the lot shall be connected to public sanitary sewers and served by a public water supply.

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.

Not less than sixty percent (60%) of any dwelling units shall be rented at, or below, prices which will preserve the units as housing for persons and families who are compliant with the standards and limitations of CGS 8-30(g).

Affordable housing units cannot be clustered, but shall be reasonably dispersed throughout the development and shall contain, on average, the same number of bedrooms and the same quality of construction as the other units in the development. Amenities for the market rate and below market rate units shall be comparable. No affordable unit shall be smaller than 75% of a market rate unit containing the same number of bedrooms.

The applicant shall submit an “Affordability Plan” concurrently with a Special Permit and Site Plan application which shall describe how the regulations regarding affordability will be administered. The Affordability Plan shall include a priority system that prefers Westport residents to the extent permissible under applicable State and Federal laws. The amount of income derived from assets shall be guided by applicable state and federal regulations.

Affordable housing means:

• 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).

The maximum allowable density shall not exceed fifteen (15) residential units per gross acre in any permitted zoning district (see §32-15A.8.2).

For the purposes of calculating density, every two (2) beds of an Assisted Living Facility and/or a Full Care Living Facility shall count as one (1) unit.

Minimum setbacks from lot lines for principal and accessory buildings or structures shall conform to the standards of the underlying zone, except that, pursuant to §32-15A.10, where any building or structure has a height greater that allowed in the underlying zone, the minimum setbacks from an adjacent residential zone shall be doubled.

No setbacks shall be required from Zoning District Boundary Lines crossing the interior of the lot.

The P&Z Commission may require land so set aside to be graded, screened, landscaped, and of a passive recreation nature suited to the needs of the residents, and such land may include open interior courtyards. Such recreation areas shall be designed to provide security and privacy and to limit the emission of objectionable noise and light onto abutting properties.

A minimum of one (1) off-street loading space shall be required for any Senior Residential Community facility. The number and location of loading spaces shall be determined by the P&Z Commission; and

The P&Z Commission may require additional parking of up to 0.25 spaces per unit.

Refuse collection areas shall be provided suitably screened, supplied with covered receptacles and conveniently located to serve the facility.

Ground mounted mechanical units or equipment shall not be located within any setback area or buffer area and shall be suitably screened.

Exterior site lighting shall be adequate for public and resident safety and security. Pole lights shall be limited to a height of sixteen (16’) feet with down directed fixtures. Spotlights on the building are prohibited.

No wall of any building shall exceed 50 feet in length in an unbroken plane without an off-set of at least five (5’) feet;

Rooftop mechanical equipment shall be adequately screened except for energy conservation systems such as solar energy panels;

If more than one building is constructed on a single lot, they shall be so arranged that the minimum horizontal distance between the nearest walls or corners of any principal and/or accessory detached buildings shall not be less than fifteen (15’) feet.

All utilities and conduits within the lot shall be underground.

All buildings on the lot shall be connected to public sanitary sewers and served by a public water supply.

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.

Independent living units, restricted to occupancy by persons aged sixty-two (62) and older in accordance with the Federal Fair Housing Act.

CCRC Community

Accessory uses and buildings for the exclusive use of residents and their guests.

The site shall have convenient access to an arterial or collector roadway, as designated in the Plan of Conservation and Development, as may be amended.

The site shall have access to public sewer and water supply.

The development/site operator shall provide adequate transportation to provide for access to, local retail, commercial and medical service areas.

A minimum of five (5) percent of the total number of any independent living units shall be restricted to comply with the affordability levels prescribed under CGS 8-30(g).

if such independent living units are offered for sale, the affordability shall exclude the costs of health care and other services.

if such independent living units are not for sale, then the Commission may approve alternative methods of dedicating a minimum of five (5) percent of such units as permanent affordable housing where health care, meals, housekeeping, transportation and other or similar services are a portion of the resident’s cost of maintaining residency at the facility.

the applicant shall submit an “Affordability Plan” concurrently with a Special Permit and Site Plan application which shall prescribe how the regulations regarding affordability will be administered.

No wall of any building shall exceed 60 feet in length in an unbroken plane without an off-set of at least five (5) feet;

Rooftop mechanical equipment shall be adequately screened except for energy conservation systems such as solar energy panels;

All buildings shall have pitched roofs including mansard, gable, gambrel, hip, or dome in Residential zones

All utilities and conduits within the lot shall be underground.

All buildings on the lot shall be connected to public sanitary sewers and served by a public water supply.

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.

Accommodate the need for wireless telecommunications antennas while regulating their location and number:

Minimize adverse visual effects of wireless telecommunications antennas and antenna or wireless telecommunication towers through proper design, siting and vegetative screening;

Avoid potential damage to adjacent properties from antenna or wireless telecommunication towers and falling ice through their proper siting and engineering;

Encourage the joint use of any new antenna or wireless telecommunication tower;

Preserve the appearance and property values within the Town of Westport while allowing adequate commercial wireless telecommunication service facilities to be developed;(813, 03/27/2023)

Protect the scenic, historic, environmental and natural resources of the community; and

Lessen potential adverse effects of commercial wireless telecommunication service facilities by minimizing the total number and height of such facilities, maximizing the use of existing structures in commercial districts for such facilities and by requiring providers to share locations where feasible.

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.

Commercial wireless telecommunication service facilities shall be located on existing structures, such as existing buildings, water towers, utility poles or existing telecommunications facilities, provided that such installation preserves the visual appearance and integrity of those structures. These telecommunication service facilities shall be camouflaged. Existing telephone and electric utility structures also need to be considered as sites for one or more commercial wireless telecommunications service facilities. The applicant shall have the burden of proving that there are no feasible existing structures upon which to locate.(813, 03/27/2023)

If the applicant provides proof that it is not feasible to locate on an existing structure, commercial wireless telecommunication service facilities shall be designed so as to be camouflaged. The applicant shall use compatible building materials and colors, screening, landscaping & placement within trees, or shall disguise the structure to resemble a tree or structure compatible with the site.

The applicant shall submit documentation indicating Federal Communication Commission licensure supporting the legal right to install and use the proposed facility mount at the time of application for a Special Permit.

The following additional siting criteria are required:

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.

Antenna towers, telecommunication towers and rooftop antennas shall adhere to the setback requirement of the zoning district in which the tower or antenna is located. No tower can be located a minimum of 50 ft. or within the fall zone, whichever is greater, from of any residential property line.

No communication tower, including any antenna attached thereto, shall exceed a height of 150 feet, measured to the top of the highest antenna from the average existing grade surrounding and within 10 feet around the proposed tower. The overall height of a telecommunication tower or antenna on a building cannot exceed 150 feet measured from the existing grade of the ground.

Any equipment must be housed in an existing building or in a building not to exceed 750 square feet of gross floor area or be more than 16 feet in height. Manned equipment including a business office, maintenance depot and vehicle storage is prohibited in a residential district.

All accessory or equipment buildings shall be architecturally designed to blend in with the surrounding environment. All buildings and/or grounds shall conform to the general style of architecture and landscaping in the neighborhood.

If the equipment is located on the roof of a building, the area of the equipment building and other equipment structures shall not occupy more than twenty-five (25) percent of the roof area and must be suitably screened.

No signs shall be permitted on any facility unless otherwise permitted by these regulations set forth in §33, as amended from time to time.

All utilities proposed to serve a commercial wireless telecommunication service facility shall be installed underground.

All commercial wireless telecommunication service facilities shall comply with FCC standards for non-ionizing electromagnetic emissions and upgraded as necessary to comply with new scientific findings and associated regulations. All generators and equipment shall comply with all state and local noise and emission regulations. Proper documentation to prove compliance with these standards must be submitted with each application.

No commercial wireless telecommunication service facility shall be permitted on property located within a Westport Historic District, National Register Historic District or on any property located on the state or national Register of Historic Places.

Antenna towers and telecommunication towers shall be camouflaged or painted to reduce visual impact.

A fence with a height of eight (8) feet shall be required around an antenna tower or telecommunication tower and any free-standing equipment.

Landscaping shall be required around the fence and shall consist of a row of evergreen trees (planted 10 feet on center minimum). The evergreen screen shall be a minimum height of six (6) feet at planting and shall grow to a minimum height of fifteen (15) feet at maturity. Such screen shall be maintained by the owner of the property to ensure its effectiveness.

The proposed support structure (tower or building) shall be designed for additional facilities including other commercial wireless telecommunication service facilities, and local police, fire and ambulance needs, unless it is determined to be technically unfeasible.

Written notice of a proposed telecommunication tower must be sent to any municipality located within 1,500 feet from the tower. Said notice must be sent by registered mail to the Town Clerk’s office of the adjoining municipality.

A description of technological alternatives for the proposed telecommunication tower and a statement containing the reasons for the choice of the proposed facility.

A statement containing a description of the siting criteria and the process by which other possible sites were considered and eliminated.

Photographs showing existing conditions. Each sight line shall be illustrated by a photograph depicting what can currently be seen from any public road and residential area within a one mile radius.

Photographs showing proposed conditions. Each of the existing condition photographs shall have the proposed commercial wireless telecommunication service facility superimposed on it to show what will be seen from public roads and residential area within a one mile radius if the proposed commercial wireless telecommunication service facility is built.

A map depicting the extent of the provider’s existing and planned coverage and the service area of the proposed commercial wireless telecommunications service facility.

If coverage greater than 50% from the proposed commercial wireless telecommunications services facility is outside Westport, the applicant must demonstrate that they are unable to locate, for reasons other than financial, within the municipality which is primarily receiving service from the proposed facility.

Demonstration on a map that reasonable coverage and capacity is either not already being provided in the Town of Westport or the potential to provide coverage is not possible by modifying other sites.

Demonstration on a map and in a written narrative, of the provider’s long range plan for location and necessity of facilities within the Town of Westport describing existing and proposed coverage areas. Such long range plan shall span a time period not less than 36 months from the anticipated time of installation. The long-range plan shall include a report of technological progress relevant to the application. Special emphasis should be placed upon planning that recognizes that technological progress can be used to both improve the quality of service and lessen the impact upon the quality of life. For example, improved receivers can reduce required power levels. Similarly, improved coding systems can reduce interference and improve signal to noise ratios which reduces the probability of a call being dropped.

Subsequent to completion of the telecommunication tower, a certificate from a structural engineer licensed in the State of Connecticut confirming that the tower is properly constructed and structurally sound shall be submitted.

A safe and convenient system of drives, service access roads and walks shall be provided and shall be designed with amenities such as handrails and ramps. Such facilities shall be adequately lighted from poles no higher than 16 feet and said lighting shall be down-directed. Gradients of new walks shall not exceed five (5) percent.

All parking areas, including aisles and driveways, shall be paved with hard-top surfaces upon a suitable subgrade. The pavement areas shall be adequately drained so as to prevent excessive accumulations of water, snow and ice.

Refuse collection areas shall be provided, screened, supplied with covered receptacles, and conveniently located to serve all dwelling units.

Mail boxes shall be provided, covered from the elements and conveniently located to serve all dwelling units.

The building fenestration, facade and roof line shall be preserved.

All buildings shall be compatible with the existing architecture.

The historic and/or architectural integrity of the existing building shall be maintained.

Dwelling unit facades need to be designed to avoid a barracks or dormitory appearance. Staggered or offset unit facades and/or varied unit façade materials shall be utilized.

All mechanical units shall be screened, ground mounted and rooftop.

Refuse collection areas shall be provided, screened, supplied with covered receptacles, and conveniently located to serve all dwelling units. (777, 07/23/2020) 

Mail boxes shall be provided, covered from the elements and conveniently located to serve all dwelling units.(777, 07/23/2020) 

Utilities and conduits within the lot shall be underground.(777, 07/23/2020) 

All buildings shall be connected to a public water supply, suitable power supply and a public sanitary sewer line.(777, 07/23/2020) 

Modifications and/or additions affecting Building Height and/or Total Coverage necessary to bring an existing building into conformance with Building Code requirements for ADA compliance are allowed and shall not exceed the existing amount at the time of application or the standards of the underlying zone, whichever is greater.(778, 06/03/2020) 

Existing parking areas do not need to meet the requirements of Section 35-2.3.(778, 06/03/2020) 

The minimum parking requirement for Special Needs Housing shall be one (1) space per residence. (778, 06/03/2020)

Each Fitness Business may operate a single Outdoor Studio Operation only; and(784, 08/01/2020) 

The Outdoor Studio Operation shall be located in the onsite private parking lot or other onsite, private outdoor location, as approved in writing by the property owner before the commencement of operations; and(784, 08/01/2020) 

Clear and obvious visual barriers shall be erected to demarcate the Outdoor Studio Operation area within any parking area.(784, 08/01/2020) 

Prior to occupancy, each outdoor fitness site shall be inspected and must be approved by the Municipal Designee as the Authority Having Jurisdiction (AHJ) or their designee to demonstrate compliance to all sector rules for COVID-19 compliance; and(784, 08/01/2020) 

The hours of operation are from 5am – 8pm daily.(784, 08/01/2020) 

Sound Mitigation. Headphones shall be used by participants during all times by those Fitness Businesses providing Cardio Dance, Cycling, or Zumba classes in an Outside Studio.(784, 08/01/2020) 

Cottages located adjacent to a street shall provide a covered entry feature with minimum dimensions of six (6) feet by six (6) feet facing the street.(835, 11/01/2023) 

Cottage facades facing the common open space or common pathway shall feature a roofed porch at least eighty (80) square feet in size with a minimum dimension of eight (8) feet on any side. (835, 11/01/2023) 

Cottages and accessory buildings within a particular cluster shall be designed within same "family" of architectural styles. Examples include: 

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) 

A diversity of cottages can be achieved within a "family" of styles by:

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) 

No lot which contains buildings or structures which consists of two-family or multi-family dwellings, shall exceed an FAR of 0.5, except in the BCD and BCD/H zones. Any incremental increase in floor area above the maximum allowable FAR in the underlying zone shall be used for dwelling(s) units only. Floor area used for parking and loading shall be excluded from the FAR. Floor area used for affordable housing units shall be exempt from the FAR calculation not to exceed an additional 0.25 FAR.

At least 30% of the floor area of the property, exclusive of the affordable housing units, shall be non-residential use in the GBD, RBD, BCD, BCD/H & DDD #2 zones. The RPOD, RORD & BPD zones, with their smaller building standards, shall have no minimum non-residential (commercial) requirement. Non-residential use is not required in Transit Community Middle Housing Developments in any zoning district.

(872, 08/15/2026)

In order to encourage underground parking and a reduction in coverage, a density bonus of two (2) units, a residential FAR bonus of 0.05, and an exemption for floor area within a cellar or basement will be permitted, if at least one (1) underground space is provided per unit and if the total coverage is reduced to 65%.

Any lot located within a split zone district involving the GBD and Residence A zone districts, where there is a proposal to eliminate and/or abandon a nonconforming  septic tank manufacturing company with associated contractor’s yard use located on any portion of the lot, and to substitute such nonconforming use with a Multi-Family use that meets the affordability requirements provided by §32-12.15, then a minimum non-residential (commercial) component is not required.(772, 08/06/2019)