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Westport City Zoning Code

§40 DEDICATED

OPEN SPACE AND RECREATION DISTRICT #1, #2 and #3 DOSRD

Revised 07-07-25

 

40-1 Purpose

The purpose of the Dedicated Open Space and Recreation District Zone is to encourage the acquisition and retention of Town-owned parks and other Town-owned land for public use and the enjoyment of visitors. It is in the public interest to provide areas where the citizens of Westport can have places to enjoy a peaceful and tranquil environment and to pursue recreation and leisure uses. It is intended to permit the reasonable use of open space land. The objective of the Dedicated Open Space and Recreation District is to protect environmentally vulnerable land, permanently preserve certain open spaces and recreational areas within the Town and to maintain the natural appearance, beauty, ecosystem, and recreational value of these areas in order to contribute to the health, safety and general welfare of the community.

The purpose of a Dedicated Open Space and Recreation District #1 designation is to allow certain Town-owned open space park areas to be maintained for passive and/or non-organized recreation. This includes undeveloped parkland, beaches, wooded areas, meadows and riverside areas. 

The purpose of a Dedicated Open Space and Recreation District #2 designation is to allow certain Town-owned open space areas to be maintained for passive and/or organized recreation in a natural and undeveloped setting with no new buildings or structures being erected and to allow certain uses and structures, which are legally existing as of the date of such designation, that would be otherwise Non-Conforming Uses of Non-Conforming Structures (each, as defined in §5-2) to be conforming, thereby legalizing such previously Non-Conforming Uses of Non-Conforming Structures (which legalizations shall be hereinafter defined respectively as a “Legalized Use” or a “Legalized Structure” as applicable) and further thereby allowing certain Legalized Uses or Legalized Structures to grow and expand in a manner consistent with the objective of the Dedicated Open Space and Recreation District, while limiting the introduction of new uses and controlling more intense development

The purpose of a Dedicated Open Space and Recreation District #3 designation is to allow certain Town-owned open space park areas to be maintained for passive or non-organized recreation in a completely natural and undeveloped setting. No buildings or structures shall be erected. (809, 03/05/2022; 813, 03/27/2023)

40-3 Special Permit Uses Improvements and Facilities in a DOSRD #2

The following non-commercial recreational, improvements and facilities may be permitted in DOSRD #2, subject to a special permit and site plan approval in accordance with §43 herein. 

40-4 Special Events

Nothing in this regulation shall prevent special events from taking place in an area designated as a Dedicated Open Space and Recreation District #1 or #2. Permission for a special event requires prior approval from the Parks and Recreation Department and/or the Board of Selectman. Special events shall not be permitted in a Dedicated Open Space and Recreation District #3.

40-5 Lot Area, Location and Shape

No mandatory requirement.

40-6 Setbacks

Except for buildings or structures that have become Legalized Structures as a result of a DOSRD designation made pursuant to the §40, no buildings or structure shall extend closer than thirty (30) feet from any street line or twenty five (25) feet from any side or rear lot line unless the property occupied by such buildings or structures abuts a Res AAA zoned property and in such case, such buildings or structures shall not extend closer than 50 feet from any street line or other property line. (Also see §31-7, Setbacks from Waterbodies, Watercourses and Wetlands).

40-7 Height

Except for buildings or structures that have become Legalized Structure as a result of a DOSRD designation made pursuant to this §40, no principal buildings or structure shall exceed a height of twenty-six (26) feet. No accessory structure shall exceed a height of sixteen (16) feet. In DOSRD#2 no Legalized Structure shall exceed a height of the existing structure of thirty five (35) feet, whichever is greater.

40-8 Coverage

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

40-9 Architectural Design

The architectural design, scale and mass of buildings and other structures, including among other elements, the exterior building material, color, roof-line, and building elevations shall harmonize and be compatible with the neighborhood, so as to protect the property values in the neighborhood, and to preserve and improve the appearance and beauty of the community. Architectural Review Board review is required for all Special Permit uses. There shall be no buildings or structures located within the DOSRD #3. Bridges may be constructed.(813, 03/27/2023)

40-10 Signs

Signs shall be permitted in accordance with §33-4, §33-5 and §33-6 of the Supplementary Regulations.

40-11 Parking and Loading

The required number of parking spaces will be determined in consultation with the Parks and Recreation Director. A parking lot will require a Special Permit in the DOSRD #1, DOSRD #2 and DOSRD #3. Parking lots are allowed within the 30-foot front landscape area but must meet a 25 feet side and rear setback from residentially zoned properties. (Also see §31-7, Setbacks from Waterbodies, Watercourses and Wetlands). In the DOSRD #3 there shall be no more than 0.33 parking spaces per acre and no less than 3 parking spaces.

40-12 Landscaping, Screening and Buffer Areas

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

40-13 Final Approval

An application for a Dedicated Open Space and Recreation District shall adhere to all of the approval and compliance requirements of the Zoning Regulations. The Commission may approve a Dedicated Open Space and Recreation District if it finds that the purposes, application procedure, standards and conditions meet the Zoning Regulations and that the proposed Dedicated Open Space and Recreation District will not be detrimental to the public health, safety, and general welfare and property values of the neighborhood. The Planning and Zoning Commission may attach such conditions to a Special Permit in a Dedicated Open Space and Recreation District #2 that it deems necessary to preserve the purpose, objective and intent of the Zoning Regulations of the Dedicated Open Space and Recreation District.

 

 

40-2.1 Principal Improvements and Facilities permitted in DOSRD#1 and DOSRD#2

The following specific improvements and facilities are permitted in a DOSRD#1 and DOSRD #2.

  1. Walks, paths, gardens and pond natural water features, picnic tables and benches;(809, 03/05/2022)

  2. Temporary free-standing restrooms and water fountains.

40-2.2 Principal Improvements and Facilities allowed in DOSRD#3

The following non-commercial passive or non-organized recreational Improvements and Facilities are permitted in a DOSRD #3:

  1. Walks, paths, gardens and natural water features, picnic tables and benches;
  2. Nature preserves;   
  3. Arboretums as defined in (§5-2).

40-3.1

Renovation and/or expansion of Legalized Structures that existed on the subject parcel prior to 2003. Renovation and/or expansion of such Legalized Structures may be permitted within the same building footprint, and may occupy up to an additional 10% of the original building footprint. Building features necessary to provide handicap access shall be excluded from the calculation of building footprint. Any renovation or expansion of such Legalized Structures shall maintain and be consistent with the architecture of the original Legalized Structure.(813, 03/27/2023)

40-3.2

Renovation and expansion of Legalized Structures first built on the subject parcel after 2003 and prior to 06-12-16. Renovation and/or expansion of such Legalized Structures may be permitted with the same floor area or footprint of the original building and may occupy up to an additional 50% of the original floor area or footprint of such Legalized Structure, whichever is greater. Such Legalized Structures may be used for the Legalized Use or any other use permitted by this Section.

40-3.3 Municipal Uses.

Permitted municipal uses for the purpose of this section shall be limited to recreation facilities, municipal offices, administrative headquarters, the leasing of Legalized Structures, and parking necessary for approved uses and other municipal uses the Commission finds to be consistent with the urose of the DOSRD #2 and low intensity of uses contemplated by these regulations.(849, 07/07/2025)

40-3.4 Adaptive Re-Use of Existing Buildings to Residential Development

Renovation of existing buildings, located within 250 feet of the property line, for two-family or multi-family dwellings is permitted. Renovation of existing buildings may be permitted with the same footprint as the original. The goal is to provide residential use of existing buildings on the eastern perimeter of the property while maintaining open space and recreation on the interior for the benefit of all members of the community.

(849, 07/07/2025) 

40-3.4.1 Density
The number of Dwelling units shall not exceed twelve (12) per acre.

40-3.4.2 Unit Types
Residential dwellings shall be limited to efficiency, one-bedroom, two-bedroom and three-bedroom dwelling units.

40-3.4.3 Parking
Parking shall be required as provided in §34-5. Tandem parking may be allowed subject to the discretion of the P&Z Commission. 

40-3.4.4 Affordability Requirement and Plan
100% of housing units on the lot shall be owned by the Town of Westport and 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. 

40-3.4.5 Utilities
All units must be connected to the sewer and water lines. All utilities and conduits within the site shall be underground. 

40-3.4.6 Roadways
No new roadways may be created within the lot. Existing roadways or driveways not included in the development plan must be maintained and converted into landscaped walking paths exclusively.