1. Resident Occupant - Only one Home Occupation, Level 1 shall be conducted on any premises. Such occupation shall be conducted by one or more residents of the premises.
2. Location - A Home Occupation, Level 1 shall be located within the Principal Building on the lot, unless approved in an Accessory Building pursuant to §32-18, Historic Residential Structures. Such occupation shall be incidental and clearly a secondary use of the principal residence.
3. Floor Area – The total interior floor area devoted to a Home Occupation, Level 1 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.
4. Visitors – There shall be no more than ten (10) patron, client, or associate visits a day.
5. Students or Pupils - No more than four (4) students or pupils at any one time shall be permitted.
6. Employees – There shall be no more than one (1) non-resident on-site employee or contractor.
7. Display - No display shall be visible from the outside.
8. Signs - 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 1 is permitted.
9. Parking - 2 off-street parking spaces are required in addition to the 2 parking spaces required for a single family residence. No parking spaces shall be located within the minimum required front setback.
10. Prohibition - The use of any Multiple Family Dwelling Unit for any Home Occupation, Level 1, shall be prohibited.
11. Limitation - Either one (1) Home Occupation Level 1 or Level 2 is permitted per lot.

1. a.

   The accessory building or structure shall not exceed 300 square feet of gross floor area.

2. b.

   The accessory building or structure shall not exceed one (1) story and a height of sixteen (16) feet; except for barns identified in §11-2.4.7 above.

3. c.

   Ground mounted solar panels shall not exceed 16 feet in height and shall be fully screened from any adjacent property line and street line at all times.

4. d.

   Ground mounted satellite dishes or disc type antenna shall not exceed 16 feet in height and shall be fully screened from any adjacent property line and street line at all times. Roof top satellite dishes and roof top disc type antenna are prohibited except for disc type antennas less than two feet in diameter.

5. e.

   Light poles for lighted athletic fields on town owned public school property may be permitted up to a height of 80 feet provided that all requirements of §32-19 are in compliance.(798, 08/13/2021; 825, 05/22/2023; 850, 03/17/2025)

1. The Building Area of an Accessory Dwelling Unit shall not exceed the following:

b. The Accessory Dwelling Unit may only have a single interior kitchen.

c. The maximum height for an Accessory Dwelling Unit shall be measured to the highest point of the roof, excluding dormers as permitted in §11-2.4.8A (i) and a cupola as permitted in §11-2.4.8A (h). The Accessory Dwelling Unit may not exceed the following height limitations:

^{*For the purposes of this section only, the definition of Dormer is a roofed structure, often containing a window that projects vertically beyond the plane of a pitched roof. Dormers are commonly used to increase the usable space and to create window openings in a roof plane.}

Existing accessory buildings and structures, inclusive of barns, exceeding the standards listed in the tables above may be converted into an Accessory Dwelling Unit subject to Special Permit approval from the Planning and Zoning Commission. 

d. Subject to Section 11-2.4.8A.(a) and (b) above, the accessory building or structure shall meet all setback, coverage, grading, drainage, and other requirements applicable to the property.

e. If the property is not on Town sewers, the property owner or their designee must obtain the Westport-Weston Health District approval for the septic system. State approval of the proposed septic systems may also be required pursuant to state statute.

f. If the property is on Town sewers, proof of the sewer hookup must be submitted to the P&Z Office by the property owner or their designee.

g. There are at least three (3) off-street parking spaces on the lot and proof of adequate parking must be submitted to the Planning and Zoning Office by the property owner or his designee.

h. Cupolas shall be permitted on accessory buildings provided that: (i) the cupola shall not be higher than 5 feet above the ridge line or highest point of the roof; and (ii) the cupola shall not exceed 5% of the footprint of the roof area of the building on which it is located, or 25 square feet, whichever is less. The cupola cannot be used for human habitation.

i. Dormers shall be exempt from maximum height on ADU's provided they are setback from the face of the building at least 1 foot and from the side of the building at least 2 feet. The dormer shall not exceed 60% of the footprint of the floor below and shall have a roof pitch of at least 3:12. The dormer is not permitted to exceed the height of the existing building ridge line and must not be technically or visually coplanar. 

j. The provisions listed above may be modified for applications approved pursuant to §32-18. (Historic Residential Structures).

k. Only one accessory dwelling unit shall be permitted per lot.

l. Any accessory dwelling unit located in the Special Flood Hazard Area must be compliant with the floodplain regulations in §31-11. No additional building height is permitted for an existing or new structure located within the Special Flood Hazard Area when proposed to be floodplain compliant.(798, 08/13/2021; 825, 05/22/2023)

The Planning and Zoning Director, after consultation with the Westport Housing Authority, shall annually publish a notice of the following:

1. i.
   The maximum rents that may be charged for affordable units (including common charges, if any, and heat and utility costs, which may be by a reasonable estimate, and excluding telephone and cable television); and
2. ii.
   The maximum allowed tenant income which is 80% of the state median income adjusted for family size as determined by the United States Department of Housing and Urban Development for the State of Connecticut.

Requirements and Standards:

1. a.
   Each tenant’s income shall not exceed 80% of the state median income adjusted for family size, as determined by the United States Department of Housing and Urban Development for the State of Connecticut, in accordance with CGS §8-30g. The rental charge for the apartment shall not exceed 30% of the renter’s income.
2. b.
   At least one dwelling unit in the converted single family house shall be owner-occupied. The single family house may also be owned by the Town of Westport or a non-profit corporation having offices located within the Town of Westport for at least 5 years prior to the date of application. Occupancy of the dwelling units in the home owned by the non-profit must by their employees. Any such dwelling unit approved shall comply with the standards of this section.
3. c.
   An affordable accessory apartment must meet the requirements listed in CGS §8-30g (k) which are as follows:

   1. i.
      Be attached to the main living unit of a house and the house must have the exterior appearance of a single family home;
   2. ii.
      Have a full kitchen;
   3. iii.
      Have an internal doorway connecting to the main living unit of the house;
   4. iv.
      The utilities must not be billed separately from such main living unit; and
   5. v.
      The apartment must comply with building code and health and safety regulations.
4. d.
   The affordable accessory apartment unit shall have a minimum of 300 square feet and shall not exceed 800 square feet of floor area, or 25% of the total floor area in the dwelling, whichever is smaller. See §5 for definition of Floor Area...
5. e.
   The owner at the time that any new tenant takes occupancy shall sign and file with the Planning and Zoning Office an Affidavit in the form prescribed by the Planning and Zoning Office certifying that:

   1. i.
      the Affidavit accurately sets forth the rent to be charged and paid and such rent does not exceed the maximum allowable rent published by the Planning and Zoning Director annually; and
   2. ii.
      The tenant has certified under penalty of false statement either in the lease or otherwise to the owner that tenant’s family income does not exceed the maximum allowed tenant income.
6. f.
   It shall not be a violation of this Section that a tenant’s income exceeds 80% of the state median income adjusted for family size, as determined by the United States Department of Housing and Urban Development for the State of Connecticut, after initial occupancy provided that the tenant meets all requirements at the time of initial occupancy until the next annual certification.
7. g.
   All requests shall contain the signature(s) of the owner(s), or a letter of authorization by the property owner.
8. h.
   If the property is not on Town sewers, the property owner or his designee must obtain the Health Department approval of the septic system. If the property is on Town sewers, proof of the sewer hookup must be submitted to the P&Z Office by the property owner or his designee.
9. i.
   Proof of adequate parking must be submitted to the P&Z Office by the property owner or his designee. One parking space for the converted unit is required.
10. j.
    The following must be filed on the Land Records of the Town of Westport in the Town Clerk's Office prior to the issuance of the Zoning Permit:

    A Declaration of Restriction in the form prescribed by the Planning and Zoning Office and approved by the Town Attorney and which includes language stating that the Declaration of Restriction cannot be released without the consent of the P&Z Director of the Town of Westport, or their designee, and only under certain circumstance.

11. k.
    Annual Certification - A certificate in the form of a notarized affidavit stating the name of the tenant renting the affordable unit, verifying that the primary unit continues to be owner-occupied, and that the rent does not exceed the maximum allowable rent in effect as of January 1 of that year as published by the P&Z Director. Thereafter, the principal owner shall submit such notarized affidavit to the Zoning Enforcement Office by January 31st of each year as a requirement for the continuance of the Zoning Permit. If the accessory apartment is not being used as a separate dwelling unit, the property owner must submit a notarized affidavit stating that the apartment is not in use.
    
    

1. Qualifications - The property owner or his designee must provide confirmation on the 1959 Tax Assessor's card of the existence of more than one dwelling unit on the property as of 10/1/59 or two (2) affidavits and other valid information from Town or utility company records which confirms the existence of the dwelling unit as of 10/1/59 or an affidavit by a person other than the property owner stating that such person had direct personal knowledge of the existence of a kitchen in the dwelling unit(s) in question prior to or on 10/1/59.
2. If the property has a septic system, the property owner or his designee must obtain the Health Department approval of the septic system.
3. If the property is on town sewers, proof of the sewer hookup must be submitted to the Planning and Zoning Office by the property owner or his designee.
4. Floor plans of the apartment must be submitted by the property owner or designee to the P&Z Office. A different apartment configuration than existed in 1959 may be approved, including areas of new construction, provided the floor area of the approved apartment does not exceed the floor area of the apartment that existed as of 10/1/59.
5. Review of the floor plans by the Building Department.
6. Proof of adequate parking must be submitted to Planning and Zoning Office by the property owner or his designee.