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SPECIAL NOTICE ABOUT PROCEDURES FOR THIS ELECTRONIC MEETING: Pursuant to Sections 147-153 of the Governor’s Public Act 21-2, there will be no physical location for this meeting. This meeting will be held electronically and live streamed on www.westportct.gov. This meeting will also be shown on Optimum Government Access Channel 79 and Frontier Channel 6020. Public comments may be received PRIOR to the Public Hearing and should be sent to PandZ@westportct.gov by 12:00pm the day of the hearing. Meeting materials are available at www.westportct.gov, on the Planning and Zoning Department web page under “P&Z Pending Applications & Recent Approvals”.
Instructions to Attend ZOOM Meeting:
ZOOM Link: https://us02web.zoom.us/j/88191369052?pwd=a1dEYU0zZi9BZ1RhdWNlMTk3RDVwZz09
MONDAY, March 14, 2022, START TIME: 7:00 PM
Text Amendment #810: Appl. #PZ-22-00031 submitted by the Planning and Zoning Commission, to create a definition for Public Art located on public or private property and to exempt Public Art from Coverage calculations. A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office. Applicant Presentation Time: 5 Minutes. Text Amendment #814: Appl: PZ-22-00133 submitted by the Planning and Zoning Commission, Modifying Section 32-6, Outdoor Storage and Display, to remove prohibition on locating display areas within the 30’ Front Landscape setback area provided no existing landscaping is removed; Modifying Section 5, Definitions, Section 32-20, Special Requirements for Outdoor Eating Areas, and Section 34-5, Parking Requirements Table, in response to Public Act 21-2, Section 182, to provide new standards and requirements for Outdoor Eating Areas located on privately-owned property in non-residential zoning districts. A copy of the proposed text amendment is available on-line at www.westportct.gov is on file in the Westport Town Clerk’s Office and is on file in the Westport Planning and Zoning Office. Applicant Presentation Time: 15 Minutes. 44 Main Street: Special Permit/ Site Plan Appl. #PZ-22-00125 To obtain approval for OKA to expand tenant area in excess of 10,000 SF within the building, located on property in the Business Center District/Village District Overlay-Westport Center, PID #C10153000. Applicant Presentation Time: 15 Minutes.
II WORK SESSION (The following items will be discussed and voted on as time permits. The public may observe the work session, but not participate)
Exempting Art from Coverage – Revised January 19, 2022 Text Amendment #810/#PZ-22-00031
Public Hearing: ________ Adopted: _____
Effective date:
Deleted language is [struck out and in brackets]; New language is underlined.
Except as otherwise stated, or as the context may otherwise require, the following words, for the purpose of these regulations, shall be defined as follows:
Publicly accessible installations of original works of art displayed primarily for public viewing and appreciation located on public or private property. They are to be tangible, two- and three dimensional objects created by an artist through the application of artistry, technical skills, and imagination and may take a variety of forms such as sculpture, murals, photography, an artifact, or be a memorial, monument, or fountain. They may be composed of such media as stone, metal, glass, plastic, ceramic, paint, and may feature hard or soft landscaping components.
An §8-24 municipal improvement review by the Planning and Zoning Commission is required prior to any outside Public Art installation on Town-owned property.
Anything constructed or erected which requires location on the ground and or/ attachment to or placement on something having a location on the ground. Except as otherwise indicated, "Structures" as used in these regulations shall be deemed to include buildings, parapets, turrets, ground-mounted and roof top mechanical units, swimming pools, tennis courts, towers, paddle or platform tennis courts, balconies, open entries, porches, decks, signs, permanent awnings, ground mounted antennas, ground mounted solar panels, satellite dishes, flagpoles and fences or walls more than eight (8) feet in height and a gas or liquid storage tank that is principally above ground. (See §32-7.4 for rooftop dishes)
Any structure, such as a deck or porch, attached to a building shall be deemed to be part of the building, except for a Non-Residential Balcony.(795, 07/01/2021; 800, 11/19/2021)
Ground-mounted mechanical units, such as air conditioning compressors, shall not be deemed structures for purposes of coverage, for permitted uses, (as distinct from special permit uses) in residence districts. Patios or terraces shall not be deemed structures for purposes of coverage but shall adhere to all required setbacks. If the patio/terrace is 3 feet or more above adjacent grade at any point, such as with a retaining wall, it will be included in total coverage. (See patio or terrace definition). Handicapped ramps, platform lifts necessary for ADA compliance and temporary signs as specified in §33-5 are not considered structures. Access stairs required by a public utility and no larger than 50 square feet are not considered structures. Bus Shelters are not considered structures for purposes of coverage and setbacks. A Non-Residential Balcony as defined in §5-2, shall not be considered a structure for purposes of Building Coverage. A Non-Residential Balcony as defined in §5-2 shall not be considered a structure when located in the Rear setback facing the Saugatuck River. For those properties that qualify for a Non-Residential Balcony, but have no Rear setback, a Non-Residential Balcony shall not be considered a structure when located in a Side setback facing the Saugatuck River. (795, 07/01/2021; 800, 11/19/2021) Public Art shall not be deemed a structure for purposes of coverage but shall adhere to all required setbacks.
An arbor or pergola is considered a structure if it has any type of roof or covering or a deck or patio floor or is over 8 feet in height.
Text Amend. #814 to Modify Outdoor Eating Area and Outdoor Storage Regulations
Public Hearing (scheduled for): 3/13/22
Deleted language is [struck out and in brackets]. New language is underlined and highlighted.
Food Establishment Retail: No Changes for Context Only
A retail food establishment shall mean any business where food or beverages are sold to the public for either on premises or off premises consumption; except that the sale of alcoholic beverages must be for off-premises consumption. A retail food establishment may have no more than 10 indoor patron seats. Such establishments shall not be considered Restaurants and no additional parking will be required provided that they have indoor seating for no more than 10 patrons For outdoor seating – See §5-2 & §32-20 Outdoor Eating Areas.
[An outdoor area located on the same property as a Restaurant, Cafe, Tavern or Retail Food Establishment that allows for tables & chairs for outdoor table service or self-service dining subject to a Zoning Permit renewed each year prior to May 1st and the requirements found in §32-20.]
An outdoor area serving as an Accessory Use to a Restaurant, Cafe, Tavern or Retail Food Establishment that allows for tables and chairs for outdoor table service or self-service dining, See §32-20.
Restaurant: No Changes for Context Only
A place having an adequate kitchen and dining room, the primary business of which is the service of food or beverages to patrons seated at tables, counters or cafeteria style. A Restaurant is distinguished from a Retail Food Establishment if it has indoor seating for more than 10 patrons. A Restaurant may have a permit to allow the retail sales of alcoholic liquor to be consumed on the premises, as granted by the Department of Liquor Control (See Restaurant and Restaurant, Drive-in).
FROM §22, RESTRICTED RETAIL AND OFFICE DISTRICT (RORD)
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §23, RESTRICTED BUSINESS DISTRICT (RBD)
Outdoor Eating Areas for Restaurants and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §24, GENERAL BUSINESS DISTRICT (GBD)
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §24A, GENERAL BUSINESS DISTRICT/SAUGATUCK (GBD/S)
Uses customarily accessory to be a permitted [principle] Principal use shall be permitted as specified in §24-2.3 (General Business District Accessory Uses).
FROM §25, HIGHWAY SERVICE DISTRICT (HSD)
[Outdoor Eating Areas for Restaurants and Retail Food Establishments subject to an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] Uses customarily accessory to be a permitted Principal use shall be permitted as specified in §24-2.3 (General Business District Accessory Uses).
FROM §28, BUSINESS PRESERVATION DISTRICT (BPD)
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §29, BUSINESS CENTER DISTRICT (BCD)
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §29A, BUSINESS CENTER DISTRICT/HISTORIC (BCD/H)
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to [an annual Zoning Permit approval pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §29B, BUSINESS CENTER RETAIL RESIDENTIAL (BCRR)
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
FROM §30, HISTORIC DESIGN DISTRICT (HDD)
30-2.4 Accessory Buildings, Structures and Uses
Outdoor Eating Areas for Restaurants, Cafes, Taverns and Retail Food Establishments subject to [an annual Zoning Permit approval Pursuant to §5 and §32-20 Outdoor Eating Areas] the requirements in §32-20 and initial administrative approval in the form of a Site Plan Waiver from the Planning and Zoning Director pursuant to §43 and a Zoning Permit. Thereafter the use is subject to an annual Zoning Permit from the Planning and Zoning Office renewed by May 1st each year provided there are no changes, or a new Site Plan Waiver must be obtained.
32-6 Outdoor Storage and Display
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:
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 [not reduce or an attractive manner, and cannot be located in the front landscape area. Tables and chairs associated with Outdoor Eating Areas shall not be considered as outdoor storage and display but shall be subject §5 and §32-20 Outdoor Eating Areas]. A Zoning Permit shall be obtained for this use.
32-20 Special Requirements for Outdoor Eating Areas
Outdoor Eating Areas as defined in §5 shall be permitted 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):
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. Required Other Department Approvals. Prior to submission of a Site Plan Waiver application, an Outdoor Patio approval must be obtained directly from: The Aspetuck Health District. The Fire Marshal’s Office. The Building Department if proposing to use sidewalk areas. The Police Department for any Outdoor Eating Areas that abut driveways, parking lots and streets or are located within parking areas. Location. Outdoor Eating Areas may be located on privately-owned property as follows: On-site, or on an abutting property subject to provision of a sidewalk allowing a four-foot wide clear path between the Principal and Accessory Use pursuant to Federal ADA requirements, and subject to approval from the abutting property owner(s). 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. 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. Fire Department Appurtenances.No Outdoor Eating Area or related Structure shall impede access to fire hydrants, fire lanes, or fire department connections. Size. The Outdoor Eating Area shall not exceed 75% of the total Floor Area of the Principal use. Parking Requirements.There are no minimum parking requirements for Outdoor Eating Areas. Setbacks/Coverage. Outdoor Eating Areas shall not be permitted within 50-feet of a residential zoning district boundary line unless separated from the Residential Zone by a public street or a waterbody.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. Lighting. Any lighting shall be down directed and not shed light beyond the property line. 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: Installing temporary or permanent electrical service. Installing temporary or permanent heating or air conditioning. That is a Tent with side walls in excess of 400 SF. That is a Tent open on all four sides in excess of 700 SF. That are multiple Tents set side by side without a 12-foot fire break whose aggregate area is in excess of 700 SF. Hours of Operation. The hours of operation 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 except if approved by Special Permit to operate as late as 2:00am. There shall be no music in any Outdoor Eating Area after 9:00 p.m. Signage. No additional signage shall be permitted. [Required Departmental Approvals: All Outdoor Eating Area applications shall be approved, as applicable, 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. Design/Use of Area: Outdoor Eating Areas may use umbrellas, tents, canopies or fixed awnings and may be located on a patio or deck. On vegetated landscaped surfaces only umbrellas may be used. Such a structure may have rigid supports and fabric or soft (non rigid) sides. Such areas may be heated. These areas may not be considered in the future as permanent building additions. There shall be no music in any Outdoor Eating Area after 9:00 p.m. except if approved by Special Permit. The hours of operation shall be limited to 6:30 a.m. to 11:00 p.m. on Sundays through Thursdays and 6:30 a.m. to 12:00 midnight on Fridays and Saturdays except if approved by Special Permit to operate as late as 2:00 a.m. Size/Parking Requirements: Outdoor Eating Areas shall not require additional parking if the area does not exceed twenty (20) percent of the interior patron Floor Area of a Restaurant, Cafe or Tavern or twenty (20) percent of the Floor Area of a Retail Food Establishment or 500 square feet whichever is less. Parking shall be required for the portion of an Outdoor Eating Area that is in excess of the above measurements in accordance with the parking requirements for patron area of a Restaurant. The measurement of all Outdoor Eating Areas shall be the area encompassed by the tent, canopy, awning, patio deck or landscaped area used as an Outdoor Eating Area as shown on a site plan, whichever is larger. Seasonal Use: The Outdoor Eating Areas may be used all year round, however if such area is covered by a tent, canopy or fixed awning and will not be used on a continuous basis all elements of the tents, canopies or fixed awnings shall be removed from the area during the period when the Outdoor Eating Area is not in use. Setback and Coverage Requirements: Outdoor Eating Areas shall not be permitted within 50 feet of any Residential Zoning District Boundary Line unless separated from the Residential Zone by a public street or a water body or approved by the P&Z Commission by a site plan and Special Permit application. Outdoor Eating Areas and any associated patios are permitted on private property in front, side and rear setback areas and front landscape areas, except for patron bars which must comply with setbacks, and may not block or interfere with sidewalks, walkways or emergency egress as determined by the Fire Marshall. Outdoor Eating Areas that have a tent, canopy or fixed awning shall not be counted in building coverage, if storm water runoff from said tent, canopy or fixed awning is addressed in a drainage plan, approved by the Town Engineer. Required front landscape areas and vegetative buffers that are planted and were approved as part of a Site Plan application shall not have vegetation removed to accommodate this use. If removal of such landscaping is proposed a new Site Plan and Special Permit application will be required.]
Following the granting of a Site Plan Waiver and issuance of a Zoning Permit, a Building Permit shall be obtained for any Structure:
[32-20A CONTINUATION OF TEMPORARY OUTDOOR DINING, AND RETAIL OUTDOOR ACTIVITIES IN RESPONSE TO COVID-19
Any restaurant operating with an approved temporary outdoor dining permit or retail establishment operating with an Outdoor Activities Approval issued pursuant to CT Governor Lamont’s Executive Order 7MM as of the effective date of this regulation or issued after the effective date but before the expiration of this regulation, may continue to operate and use the area approved and as shown in that permit, until further notice, or until Executive Order No. 7MM is repealed to contain the spread of COVID-19. The use shall at all times continue to be used in accordance with all Executive Orders currently in place or as revised in the future.
Notwithstanding anything to the contrary contained herein, any and all Outdoor Activities shall be in strict conformance with all federal, state, and local COVID-19 guidelines and requirements.
Such extension shall not be interpreted to create any nonconforming rights. It is further provided that the operation of the Temporary Outdoor Dining or retail Outdoor Activities Approval between any expiration of the State’s declared state of emergency and the expiration of this regulation shall not be deemed to be a waiver of any obligations by any applicant pursuant to any local, state or federal law.]
FROM §34, OFF STREET PARKING AND LOADING
34-5 Parking Requirements Table
USE MINIMUM REQUIRED PARKING SPACES Day Care Centers or Nursery Schools as defined in §5-2. 1 space per 10 children, plus 1 space per employee. Mobile Home Units 2 spaces. Single-family dwelling unit 2 spaces. Supportive housing 1 space for each dwelling unit. Two-family dwelling unit 2 spaces per unit. Multi-family dwelling units, studio, efficiency, or 1 bedroom unit 1 bedroom unit 2 bedroom unit 3 or more bedroom unit Public Senior housing 1.75 spaces per unit. 2.25 spaces per unit. 2.50 spaces per unit. 0.75 spaces for each dwelling unit for Senior persons Senior group home 1 space per bedroom or guest room. Senior Residential Community: Independent Living Facility Assisted Living Facility Full Care Living Facility 1.0 spaces per unit. 1.0 spaces per unit. 0.5 spaces per unit. Also 1 parking space per employee for the largest shift. Accessory apartment unit 1 space for the converted unit. Managed Residential Community 1.0 space for each private residential unit. Also 1 parking space per employee for the largest shift. Home Occupation, Level 1 2 spaces in addition to the requirements for the Dwelling Unit. Home Occupation, Level 2 2 spaces in addition to the requirements for the Dwelling Unit plus additional parking as determined by the P&Z Commission. Community residence for the mentally retarded 2 spaces in addition to the requirements for the dwelling unit. Automobile repair shops, garages and gas stations 5 spaces per bay or vehicle work station plus 1 space per employee plus 2 additional spaces. Automobile dealers 1 space per employee plus 1 space per vehicle work station plus 20 spaces for customer parking. Vehicle Rental 1 space per employee plus 1 customer space for each 5 rental vehicles. Funeral Homes, except within the BCD and BCD/H. One space per 75 square feet of floor area, with a minimum of 25 spaces required for any funeral home. Office Business and Professional), Bank Office Area, except within the BCD and BCD/H. 1 space for each 250 square feet of gross floor area. Bank Customer Area with cashier and/or teller, except within the BCD and BCD/H. 1 space for each 220 feet of gross customer area. Bank Customer Area with cashier and/or teller, except within the BCD and BCD/H. 1 space for each 220 feet of gross customer area. Medical offices, except psychiatrists, and clinics including other similar uses including chiropractors, physical therapists, optometrists, and dentists, except within the BCD and BCD/H. 1 space for each 200 square feet of gross floor area. (764, 02/10/2019; 792, 05/27/2021) Professional Healthcare offices and clinics including psychologists, social workers, counselors, naturopaths, massage therapists, psychiatrists and nutritionists, except within the BCD and BCD/H. 1 space for each 200 square feet of gross floor area.
Day Care Centers or Nursery Schools as defined in
1 space per 10 children, plus 1 space per employee.
1 space for each dwelling unit.
Multi-family dwelling units, studio, efficiency, or 1 bedroom unit 1 bedroom unit
0.75 spaces for each dwelling unit for Senior persons
1 space per bedroom or guest room.
Senior Residential Community: Independent Living Facility
Assisted Living Facility Full Care Living Facility
Also 1 parking space per employee for the largest shift.
1 space for the converted unit.
1.0 space for each private residential unit.
Also 1 parking space per employee for the largest shift.
2 spaces in addition to the requirements for the Dwelling Unit.
2 spaces in addition to the requirements for the Dwelling Unit plus additional parking as determined by the P&Z Commission.
Community residence for the mentally retarded
2 spaces in addition to the requirements for the dwelling unit.
Automobile repair shops, garages and gas stations
5 spaces per bay or vehicle work station plus 1 space per employee plus 2 additional spaces.
1 space per employee plus 1 space per vehicle work station plus 20 spaces for customer parking.
1 space per employee plus 1 customer space for each 5 rental vehicles.
Funeral Homes, except within the BCD and BCD/H.
One space per 75 square feet of floor area, with a minimum of 25 spaces required for any funeral home.
Office Business and Professional), Bank Office Area, except within the BCD and BCD/H.
1 space for each 250 square feet of gross floor area.
Bank Customer Area with cashier and/or teller, except within the BCD and BCD/H.
1 space for each 220 feet of gross customer area.
Bank Customer Area with cashier and/or teller, except within the BCD and BCD/H.
1 space for each 220 feet of gross customer area.
Medical offices, except psychiatrists, and clinics including other similar uses including chiropractors, physical therapists, optometrists, and dentists, except within the BCD and BCD/H.
1 space for each 200 square feet of gross floor area. (764, 02/10/2019; 792, 05/27/2021)
Professional Healthcare offices and clinics including psychologists, social workers, counselors, naturopaths, massage therapists, psychiatrists and nutritionists, except within the BCD and BCD/H.
1 space for each 200 square feet of gross floor area.
Retail and service establishments including Retail Food Establishments, spas, beauty salons, opticians, gyms, health clubs, and fitness centers, except within the BCD and BCD/H.
1 space for each 180 square feet of gross floor area.
Restaurants & private clubs, excluding patron bar area, except within the BCD and BCD/H.
1 space for each 50 square feet of gross patron floor area plus 1 space for each additional 500 square feet of gross interior floor area.
Patron bar area of restaurants, private clubs, taverns & cafes – gross patron floor area including Patron bar area includes the barroom area, all areas designated as cocktail lounges and areas devoted mainly to alcohol consumption, except within the BCD and BCD/H. This provision shall only apply when the patron bar area exceeds 50% of the total patron area.
1 space for each 20 square feet of gross patron floor area.
Outdoor Eating Area Accessory to a Retail Food Establishment or Restaurant.
Auditoriums, field houses, gym, athletic fields & stadiums
1 space for each 5 spectator seats of design capacity.
Places of Worship and Theaters **
The greater of (a) 1 space for each 35 SF of the Sanctuary or Theater including lobbies and/or vestibules; or; (b) 1 space for each 40 SF of all rooms, other than the Sanctuary or Theater including lobbies and/or vestibules; used for social functions.
Game Room for coin operated amusement devices
1 space per 180 square feet of gross interior floor area.
Laboratory, wholesale, warehouse storage establishment1
Boat Repairs and Boat Storage
1 space for each l-1/2 employees during the largest daily work shift or 500 square feet of gross interior floor area, whichever is greater.
Group quarters, guest, boarding, rooming or lodging house.
1 space for each rooming unit or 1 space for each bedroom, whichever is greater.
Marinas, exclusive of boat storage
0.5 spaces per slip or wet mooring.
Unified Shopping Centers in the General Business District, as described in §24-11:
a. First Floor, 1 space per each 200 SF of gross floor area.
b. Areas above the First Floor, 1 space per each 300 square feet of gross floor area.
c. Warehouse Storage space above the First Floor, 1 space per each 500 square feet of gross floor area.
d. Basement and/or Cellar space, 1 space per each 500 square feet of gross floor area.
e. Rugs/Furniture/Fabric Stores on any floor, 1 space per each 400 square feet of gross floor area (764, 02/10/2019; 792, 05/27/2021)
1 In order to be considered as a separate use such areas, excluding laboratories, shall comprise at least 15% of the total
FROM §43, SPECIAL PERMIT AND/OR SITE PLAN REVIEW PROCEDURES
43-5.2 Site Plan Review and Hearings
Site Plan approval by the Planning & Zoning Commission shall be required for construction, addition or alteration of a non-residential building involving more than five hundred (500) square feet of building coverage or containing more than five hundred (500) sq. ft. of gross interior floor space, or any of the uses or activities listed below:
The P&Z Commission, at its discretion, may hold a public hearing on an application for Site Plan or Coastal Site Plan review. (779, 03/04/2021; 800, 11/19/2021; 807, 01/07/2022)
The P&Z Director may waive P&Z Commission review of small-scale projects, except those located in the Village District Overlay (VDO) Zone/Westport Center that are not recommended for approval by the Joint Committee of the Historic District Commission and the Architectural Review Board. Small-scale projects include:(779, 03/04/2021; 800, 11/19/2021; 807, 01/07/2022)
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