A new building, structure or use, or an addition to an existing structure on a non-conforming lot shall comply with all applicable requirements of the zoning district in which it is located, except for setbacks.

A non-conforming use or structure in a non-residence district must be supported by a written statement demonstrating that it legally existed at the time these regulations were first established, or was a permitted use under these regulations prior to their being amended; that it has been in continuous use; and that its scope has not been illegally expanded.

Notwithstanding any provision set forth in the Westport Zoning Regulations, a nursing home or skilled nursing facility in existence prior to June 1, 2022, may be modified and expanded as a medical institution and/or facility specializing in the care of residents living with Alzheimer’s, Dementia and/or memory impairment, provided the requirements set forth in §6-7.1-6.7.4 below are met. In the event of any conflict between any of the provisions of this Section 6-7 and any other provision of the Westport Zoning Regulations, the provisions of this Section shall control. Renovation is subject to a Special Permit and Site Plan approval in accordance with §43 and §44 herein, except as modified below: (817, 10/20/2022) 

Any non-conforming use of buildings, structures or land may be continued.

No non-conforming use of buildings, structures or land shall hereinafter be extended, expanded, or relocated on the same lot.

No non-conforming use of buildings, structures or land shall hereinafter be transformed into a new or different non-conforming use, except as follows:

No non-conforming use of buildings, structures or land which shall have been discontinued for more than 90% of the time during a period of twelve (12) consecutive months shall be resumed or replaced by the same or any other non-conforming use; except that any building, structure or portion thereof containing a non-conforming use which has been destroyed or damaged by fire, explosion, act of God or other casualty may be restored and continued as a non-conforming use to the same extent as said use existing before such destruction, provided that such non-conforming use shall be restored within two (2) years of such destruction and further provided that such non-conforming use shall not be extended, expanded, or transformed into a different non-conforming use. (Also see §31-9.1)

A use of land or of a structure which is not a permitted use in the district in which it is located but which is permitted by variance shall be deemed to be a nonconforming use.

A non-conforming building or structure may not be expanded, extended, relocated or altered if such expansion, extension, relocation or alteration would increase the degree of any non-conformity. Specifically as listed below:

Expansion or extension of an existing structure located within the Special Flood Hazard Area which is proposed to have its first finished floor elevated to at least the Base Flood Elevation, has no basement or cellar below the BFE and if in the AE Zone is designed to be fully compliant with §31-11.5.2 (Elevated Buildings) shall be permitted. Structures in the VE zone shall comply with all the requirements in §31-11.3.5.

Entry stairs, platforms and open porches necessary for ingress and egress which are proposed to be added to an existing structure within the Special Flood Hazard Area shall be permitted provided that the first finished floor is elevated to at least the Base Flood Elevation and has no basements or cellars below the BFE and in the AE Zone is designed to be fully compliant with §31-11.5.2 (Elevated Buildings) which would not represent an increase in non-conformity. Structures in VE zone shall comply with all the requirements in §31-11.3.5. The maximum allowable additional coverage shall be 15 square feet per entrance per foot that the building is to be elevated above average grade to at least the BFE up to a maximum of 225 square feet.(762, 07/13/2019)

Any non-conforming building or structure or non-conforming portion of a building or structure which has been destroyed or damaged by fire, explosion, act of God, or by other casualty may be restored or reconstructed to the same non-conforming building or structure as existed before such damage; provided that

1. such restoration or reconstruction shall be limited to the damaged portion of the building or structure;
2. Such restoration or reconstruction shall begin within one (1) year and shall be completed within two (2) years of such damage; and
3. Such restoration or reconstruction shall adhere to all procedures necessary to obtain a proper Zoning Permit. The owner of such damaged building or structure may replace and reorganize the same amount of gross interior floor space in a manner to more nearly conform to these regulations.
4. such restoration or reconstruction of any structure within the Special Flood hazard Area as defined herein shall comply with all of the requirements of §31-11, “Floodplain Regulations”.

Nothing herein shall prevent the strengthening or restoring to a safe condition of any existing non-conforming building, structure or any part thereof which shall have become unsafe as determined by the Building Inspector or Fire Marshal.

The setback requirements for any principal building, structure or use or accessory building or structure, located on a lot with a non-conforming gross lot area as defined in APPENDIX D shall be as follows:

If two or more adjoining lots of record, one or more of which are undeveloped and fail to meet the requirements of these regulations with regard to lot area and/or lot shape, were in the same ownership on March 24, 1956 or subsequent date, and if such lots taken together would form one or more lots, each more nearly meeting the requirements of these regulations with regard to lot area and lot shape, such lot or lots shall merge and shall no longer be considered legally existing as separate lots and must be combined and used in compliance with the present lot area and lot shape requirements irrespective of subsequent changes in ownership; except that this provision shall not affect the interest of a mortgagee who holds a properly executed and recorded mortgage and shall not preclude a foreclosure of any individual lot.

The maximum height of the principal building located on a lot with a gross lot area as defined in APPENDIX D less than the required minimum gross lot area for that zone in a residential zone south of the railroad shall be as follows:

Except as provided in §6-4.2, no non-conforming use, building, structure or lot, if once changed to conform with these regulations shall be changed so as to be non-conforming again. No non-conforming use, building, structure or lot, if once changed to more nearly conform to these regulations, shall be changed so as to be less conforming again.

By way of example but not limitation, if the floor area of a lot that is non-conforming as to FAR or parking is reduced by demolishing; all or part of a structure or by filling in a cellar or by converting a cellar to crawl space. Such reduced floor area or the resulting reduced parking requirements, may not be increased beyond the level permitted by the regulations.

This section shall not apply to alterations of an area less than 200 square feet of floor area to the entrance or exit of a building that is non-conforming as to floor area.

Effective June 21, 1996 a premises that is non-conforming as to parking may change from a use with given parking requirements (existing use) to a use with lesser parking requirements (lesser use) then back to the existing use subject to the following conditions:

1. Both uses are permitted uses.
2. The owner gives the Planning and Zoning Office prompt written notification when the change to the lesser use, is made.

The change back to the existing use occurs not more than ten years from the date of the change to the lesser use, and receives site plan approval.

Notwithstanding the above; on lots with a minimum of two hundred (200) feet of frontage on the Post Road containing three (3) or more acres zoned both GBD and Residence A at the time of the effective date of this section (Section 6-6) of the zoning regulations, a non-conforming building(s) and its uses may be allowed full or partial redevelopment, in either or both zones, provided the redevelopment shall result in the reduction, of existing non-conformities of building coverage, total coverage, and floor area, for the entire site treated as a single zoning entity, subject to the following: 

Notwithstanding the above, on lots with a minimum of one hundred fifty (150) feet of frontage on the Post Road, and fifty (50) feet of residentially zoned frontage, a minimum of thirty thousand (30,000) square feet of land, a portion of which lies in each of the GBD and Residential zone, and legally used as an Automobile Dealership where the Planning and Zoning Commission makes a finding that the redevelopment significantly improves the streetscape and public safety, a nonconforming building and its uses may be allowed full or partial redevelopment, in the nonresidential portion of the lot,except as permitted by §6-6.2.7.5 below, provided the redevelopment shall result in no increase of building coverage, total coverage, or floor area, except as provided below and subject to the standards herein.  (755, 11/25/2018)

Redevelopment shall be pursuant to Special Permit and Site Plan review, consistent with §34, §35, §43 and §44, except that where nonconformities legally exist, such nonconformities may be maintained, reduced, and/or reorganized, subject to the approval of the Planning & Zoning Commission and the standards outlined below:

Notwithstanding the above, on lots (a) not less than 2.5 acres nor more than 3.0 acres, (b) located in a split zone comprised of the General Business District (GBD) & Residence A districts, (c) where a building is located entirely in the GBD zoned portion of the lot, and (d) where the building is intended for redevelopment primarily as medical offices; a non-conforming building and its uses may be allowed full or partial redevelopment subject to Special Permit/Site Plan approval from the Planning and Zoning Commission, in the non-residential portion of the lot, provided the redevelopment will achieve superior architectural design, will improve access for disabled individuals, will enhance existing landscaping and buffering, and shall result in no increase of height, building coverage, or floor area, except as provided below and subject to the standards herein.

 

 

(796, 07/15/2021) 

 

All additions to existing nonconforming principal buildings shall conform to the setbacks of the underlying zone. Architectural features may be added vertically provided there is no increase in Floor Area or Building Coverage. Accessory structures, including but not limited to, mechanical equipment, and trash enclosures, shall be set back at least 30 feet from Public Streets, at least 50 feet from residential zones, at least 5 feet from private rights of way, and at least 25 feet to all other lot lines. (817, 10/20/2022) 

Expansions to the principal building shall be allowed up to the same height and number of stories as the existing building.

Five (5) feet of additional height over existing conditions shall be allowed for added architectural features, including but not limited to, pitched roofs and mechanical screening. Mechanical equipment up to ten (10) feet in height shall be exempt from height limitations provided such mechanical equipment is fully screened from neighbors.(817, 10/20/2022) 

Building coverage may be increased by up to five percent (5%) over existing conditions provided Total Coverage is reduced by at least four (4) times the increase in Building Coverage.(817, 10/20/2022) 

Total Floor Area may be increased by up to ten percent (10%) over existing conditions and no individual floor area limitation shall apply.

(817, 10/20/2022) 

Dumpster areas including trash, shall be enclosed on all sides, and pick-up shall be limited to the hours of 7:00am to 6:00pm. (817, 10/20/2022) 

The Commission, by Special Permit and Site Plan Review in accordance with §43, herein, may allow a change from one non-conforming use to another non-conforming use:

1. Where those parts of an existing building site are manifestly designed or arranged for such new or different use.
2. Where such new use is not precisely the same as the old use, but the new use is generally similar to the old use; and
3. Where the transfer or change does not involve replacing existing non-conforming structures with new non-conforming structures in whole or in part.
4. Where the new or different use does not constitute the extension or expansion of an old use, or part thereof on the same lot.

No non-conforming building or structure shall be relocated on the lot.

No portion of any non-conforming building coverage on a lot shall be transferred from one location to another location on the lot.

No portion of any non-conforming building coverage that is attributable to an open structure without a roof, such as a deck, roof garden, balcony, open entry, handicapped ramp, swimming pool, tennis court, paddle tennis court, etc., shall be roofed over, enclosed or otherwise expanded, extended or altered in any vertical or horizontal direction from a structure into a building. (See definitions).

A building or structure which is prohibited by these regulations but which is permitted by variance shall not be deemed to be a non-conforming building or structure; but rather it shall be deemed to be permitted by variance.(762, 07/13/2019)

 

The replacement of entry steps or platforms projecting into the setbacks or in excess of coverage and no larger in area than the existing entry steps and/or platform are not considered an expansion, extension, or alteration.

 

All new construction shall be in accordance with these regulations.

If an existing building or structure is nonconforming as to setback, the portion of the building or structure within the setback shall not be roofed over, enclosed, extended, expanded or altered in any vertical or horizontal direction. The vertical or horizontal alteration of a structure located within the Special Flood Hazard Area which is proposed to have its first finished floor elevated to at least the Base Flood Elevation, have no basements or cellars below the BFE and in the AE Zone is designed to be fully compliant with §31-11.5.2 (Elevated Buildings) shall be permitted. Structures in the VE zone shall comply with all the requirements in §31-11.3.5. See §6-3.1, §13-4 and §14-4.

Except for entry stairs, platforms and open porches necessary for ingress and egress which shall be permitted to be added to a structure within the Special Flood Hazard Area provided that the first finished floor is elevated to at least the Base Flood Elevation and has no basements or cellars below the BFE and in the AE Zone is designed to be fully compliant with §31-11.5.2 (Elevated Buildings) which would not represent an increase in non-conformity. Structures in the VE zone shall comply with all the requirements in §31-11.3.5.

The construction of Non-Residential Balconies as defined in §5-2 and as described in the Structure definition are not considered an expansion, extension, or alteration. (800, 11/19/2021) 

Redevelopment shall be pursuant to Special Permit and Site Plan review, consistent with §34, §35, §43 and §44, unless specifically modified by the Commission, as follows:

1. The requirement of a Residential District Boundary setback per §24-4 shall not apply along the internal boundary line within the site; and
2. In the portion of the site zoned Residence A, floor area may be increased, provided:
   1. The overall non-conforming floor area is reduced;
   2. The overall non-conforming building coverage is reduced;
   3. The overall non-conforming total coverage is reduced;
   4. Non-conforming landscaped buffer strips are made to conform to the requirements of §35-2.4; and
   5. Existing undeveloped land in the Residence A zone is protected by a permanent conservation easement.

Where redevelopment is for a motel, hotel, motor inn, or tourist court, the Commission may determine that:

1. The size, location, and operation of “related eating facilities” and meeting room floor area warrants any additional parking spaces.
2. “Related eating facilities” may include, but are not be limited to:
   1. Self-service of foods already prepared or prepared and cooked quickly to be consumed on the premises, but shall not be a fast food restaurant;
   2. The retail sales of alcohol to be consumed on the premises, as allowed by a Restaurant Permit granted by the Department of Liquor Control and;
   3. Seasonal outdoor seating;
   4. A patron bar.
3. Existing non-conforming loading spaces and turning radii may be allowed to remain.

4. No building shall exceed three (3) stories or forty feet (40’) in height measured to the mid-point of a pitched roof consistent with the Building Height definition in §5-2. Mechanical equipment is exempt from this limitation, up to eight (8) feet in height provided it is set back at least ten (10) feet from the edge of the building or screened on all sides below the peak of the roof or parapet.

5. Drive aisle widths may be reduced to a minimum of twenty-two (22) feet.(823, 11/10/2022)

Building Coverage shall not be increased except to accommodate either:

1. new building, facade materials and/or entryways for an existing gasoline powered Automobile Dealership (New), such new Building Coverage shall not increase the existing Building Coverage by more than 1%; or
2. increased floor area and building area when converting a gasoline Automobile Dealership to an electric vehicle dealership and service center, subject to the provisions of §6-6.2.7 below. (755, 11/25/2018)

The following exemptions from calculated floor area may be excluded:

1. Internal vehicular queuing and drop-off for customer vehicle servicing;
2. Up to three (3) showroom display vehicles, each not to exceed a 9’x18’ dimension.(755, 11/25/2018)

Existing first floor area being removed and/or exempted under this section may be relocated to the second floor above, and up to the face of the existing floor below which may or may not conform to setback standards provided it does not exceed 25% of the floor area below inclusive of any atrium space and is a minimum of fifty (50’) feet from the nearest residential district and adequately screened to the satisfaction of the Planning and Zoning Commission.

Legally nonconforming display, employee and visitor parking spaces may be maintained or reorganized, provided that overall front landscaping is brought more into compliance with §35-2.2.(755, 11/25/2018)

Existing conforming or legally non-conforming signage may be updated in its current location and/or relocated to a more appropriate location, as determined by the Planning and Zoning Commission, provided that the total size of the legally non-conforming signage may not be increased in the aggregate.(755, 11/25/2018)

Notwithstanding §32-8, grading within five (5’) of a front property line may be allowed for removal, installation, and/or relocation of curb cuts, driveways, landscaping, sidewalks and parking subject to the approval of the Planning and Zoning Commission, and subject to the review of the Town Engineer. (755, 11/25/2018)

 

The Commission, by Special Permit and Site Plan Review in accordance with §43, herein, shall allow a change from one non-conforming automobile dealership use to an Electric Vehicle Automobile Dealership as defined, and the following alterations to applicable lots and buildings are permitted: (755, 11/25/2018) 

Rooftop mechanical equipment necessary for compliance with the building, health or other applicable code shall be permitted and shall be concealed from all sides.

(796, 07/15/2021) 

Building coverage shall not exceed 37% for the area of the lot located in the GBD. In no event shall additional building coverage be located in the Residence A portion of the lot, nor shall total coverage in the Residence A portion of the lot exceed 80%.

(796, 07/15/2021) 

Notwithstanding the provisions of § 24-8.1, no building shall exceed 50,000SF of gross interior floor area, which may be utilized by a single user or by multiple users. FAR shall not exceed 0.51 for the area of the lot located in the GBD. In no event shall additional floor area be located in the Residence A portion of the lot.

(796, 07/15/2021) 

Off-street parking shall be provided in accordance with §34-5 of the Supplementary Regulations. Existing parking spaces shall not be required to comply with the Design Standards for Off-Street Parking and Loading unless proposed to be modified as part of the redevelopment plan.

Notwithstanding §34-10, no loading spaces shall be required.

 

(796, 07/15/2021) 

Where the existing lot is non-conforming with respect to the landscape buffers and parking lot landscaping and further modifications are necessary to improve building access, notwithstanding the provisions of §34-3, 35-2.2, 35-2.4 and 35-4, screening, landscaped buffer areas or parking lot landscaping shall be provided to the greatest extent possible without reducing required parking.

(796, 07/15/2021) 

When the existing lot is non-conforming with respect to the fire lane requirements established by

§ 34-11.3, appropriate emergency access shall be provided to the satisfaction of the Fire Marshal.

(796, 07/15/2021) 

No building setback shall be required from a Residential District Boundary Line.

(796, 07/15/2021) 

An Electric Vehicle Automobile Dealership may add up to 8,000 square feet of gross interior floor area located on the lot provided that: (a) the total gross interior floor area of the existing building and the new addition located on the lot do not exceed a total of 18,000 square feet when completed; and (b) the additional square footage shall replace paved area that had been historically utilized for exterior vehicle display, parking, and/or circulation.

 

No buildings or structures of an electric vehicle dealership and/or service center shall exceed a Floor Area Ratio (FAR) of 0.28 of the area of the lot. Floor area used for parking and loading spaces shall be excluded from the FAR.

The building coverage shall not exceed twenty-eight (28%) percent of the area of the lot.

 

 

 

An Electric Vehicle Automobile Dealership shall also be permitted to have on-site general office use associated with its operations.

 

 

 

§6-6.2.3 shall not be applicable to an Electric Vehicle Automobile Dealership that takes advantage of the incentives provided in this §6-6.2.7.

Additional parking spaces and drive aisles necessary to accommodate the proposed Electric Vehicle Automobile Dealership site plan shall be permitted in the residential portion of the lot.

Additional lot coverage in the Residential zone shall be permitted to accommodate the necessary parking spaces and drive aisles permitted by §6-6.2.7.6.  

Electric Vehicle Automobile Dealership Incentives shall be limited to those properties that are existing Non-Conforming Automobile Dealerships, have a minimum of 150 feet of frontage on the Post Road, a minimum of 50 feet of frontage in a residential zone, a minimum lot size of 30,000 sq. ft., are a split zoned lot in the GBD and a residential zone, and are in existence and meet the above mentioned criteria on the effective date of this regulation (11/25/2018).