Except as hereinafter provided, no land, building or structure, or part thereof, shall hereafter be used, and no building or part thereof, or other structure, shall be erected, constructed, reconstructed, extended, enlarged, altered or moved, and no building or structure, or part thereof, shall be moved onto any plot or parcel of land except in conformity with these regulations.
These regulations shall apply to subdivision layouts now on file in the land records; provided, however, that nothing herein shall be construed to interfere with vested rights existing prior to the effective date of these regulations. Should the property included within said subdivision layouts be resubdivided at any time in the future, said resubdivision plans shall conform to these regulations.
Where these regulations impose requirements for greater width or size of lots, or other open spaces, or a lower height of building, or fewer number of stories, or a greater percentage of lot area to be left unoccupied, or impose other and higher standards than are required in any other statute, bylaw, ordinance or regulation, the provisions of these regulations shall govern. If the provisions of any other statute, bylaw, ordinance or regulation require a greater width or size of lots, or other open spaces or a greater percentage of lot area to be left unoccupied or impose other and higher standards than are required by these regulations, the provisions of such statute, bylaw, ordinance or regulation shall govern.
The following regulations shall apply in all zoning districts:
A.
Buildings, uses and lots.
(1)
Lot for every building. Every building hereafter erected shall be located on a lot as defined herein, and except for Neighborhood Shopping Center Districts, there shall be no more than one principal building and its accessory structures located on any one lot.
(2)
Subdivision of a lot. Where a lot is formed hereafter from part of a lot already occupied by a building or structure, such separation shall be effected in such manner as not to impair conformity with any of the requirements of these regulations.
(3)
Lot width required. No part of any dwelling or other structure housing a principal use shall be erected on any part of a lot which is less width than the minimum required.
(4)
Parts of lot not counted toward minimum area requirements. No part of any lot reserved for or used as a road, right-of-way or accessway shall be counted as part of the required minimum lot area. Land subject to easements for aboveground utilities which forbid buildings or structures within the area of the easement shall not be included as part of minimum lot area, nor shall any easement which grants exclusive surface use of the property to other than the owner, except drainage easements. Land under water and soils defined as "very poorly drained" in the National Cooperative Soils Survey, as may be amended from time to time, of the Soil Conservation Service of the United States Department of Agriculture may be used to satisfy no more than 20% of the minimum lot area requirement.
[Amended 7-1-1986]
(5)
New building on existing lots. A permit shall be issued for a permitted use on a lot which does not meet the minimum area or dimension requirements of these regulations:
[Amended 9-15-1985]
(a)
Provided that such lot existed in separate ownership as of the effective date of these regulations, or of any pertinent amendment thereof, and was so recorded on the Assessor's records or the land records of the Town;
(b)
Provided that the lot met the zoning requirements at the time the deed to the lot was recorded;
(c)
Provided that the owner of such lot did not and does not own other land contiguous thereto or directly across a road therefrom at the time of the adoption of these regulations, or subsequent thereto. (If this is the case, such other land or so much thereof as may be necessary, shall be combined with the first-named lot in such manner as to produce one or more conforming lots); and
(d)
Further provided that all setback and other requirements are complied with, in so far as possible, at the time of obtaining the zoning permit.
(6)
Split lots. A parcel or tract of land that is divided by a public or private road, a major watercourse, a public or private easement restricting development (other than a utility easement or a right-of-way) does not meet the minimum lot area requirements unless it contains at least two contiguous acres of land. For purposes of this regulation, land is not contiguous if a public or private road, a major watercourse, a public or private easement restricting development, or a right-of-way divides it. This contiguity requirement applies even if the public or private road, major watercourse, public or private easement restricting development, or right-of-way and the parcel or tracts of land are in the same ownership. Construction on a lot that is subject to this section of the minimum area requirement regulation must take place on that section of the lot that contains the two contiguous acres of property. This regulation does not apply to passageways that serve as a second access to a parcel or tract of land and are dedicated exclusively to emergency access. For purposes of this section, "major watercourse" shall mean the Saugatuck River, the Aspetuck River, the West Branch of the Saugatuck, and any nonseasonal branch or tributary thereof being more than two feet wide at any point within the subject lot. (See C.G.S. § 8.26a.)
[Amended 5-18-2006]
(7)
Odd-shaped lots. A lot may not measure less than 75 in width or depth at any point except where the measurement of the width or depth of the lot at such point multiplied by three is equal to or greater than the distance from such point to the point where the lot boundary lines form a figure closed on three sides measured along a line running through the center of such portion of the lot. An accessway otherwise in compliance with these regulations shall not be a violation of this subsection. For example, a lot which narrows to 50 feet at a given point must become a closed geometric figure within 150 feet of such point. (See Illustration No. 1.) A lot which narrows to 30 feet at a given point must become a closed geometric figure within 90 feet of such point. (See Illustration No. 2.)
[Amended 5-4-2006]
| Illustration No. 1 | Illustration No. 2 |
|---|---|
 |  |
B.
Structures and projections within setback areas and additional restrictions.
(2)
Terraces. Notwithstanding the terms of §§ 240-9B(7), 240-11F and 240-12D, a terrace may extend no less than 20 feet from the front lot line or any side or rear lot line. The foregoing shall not apply to porches which shall be subject to §§ 240-9B(7), 240-11F and 240-12D without adjustment.
[Amended 5-26-2011]
(5)
Projecting features above the roof level. The height limitations of these regulations shall not apply to antennas, flagpoles, church spires, belfries, cupolas, chimneys, or similar features, provided that such are not used for human occupancy, provided that they shall not extend more than 15 feet above roof level, and provided that the total area covered by such features shall not exceed 10% of the area of the roof upon which they are located.
[Amended 5-1-1989]
(6)
Visibility at intersections. No structure, fence, hedge, tree or other planting shall be erected, placed or maintained on a corner lot in such a way as may obstruct traffic visibility across the triangular area formed by the two intersecting road right-of-way lines and a straight line connecting points along said right-of-way lines, which points are located 50 feet distant from the theoretical point of intersection of such lines measured along the lines. This provision shall not apply to existing trees, provided that no branches are closer than six feet to the ground.
[Amended 5-26-2011]
(7)
Setback from watercourses. No structure shall be erected, constructed or reconstructed within 50 feet from the edge of any watercourse. The term "watercourse" shall have the meaning ascribed to such term in § 22a-38 of the Connecticut General Statutes.
[Amended 12-30-2009]
(8)
Exterior lighting. All exterior spot- or floodlighting, including the lighting of signs, shall be of such type and location and shall have such shading as will prevent the source of the light from directly illuminating any adjacent property or road. Within Neighborhood Shopping Center Districts, lighting shall be extinguished within one hour of the closing of a business use, but in no case later than 10:00 p.m. except such illumination as may be permitted by the Commission for property protection and public security. In approving any special permit application, the Zoning Board of Appeals may further limit the hours of lighting.
(9)
Accommodation for the disabled. The Commission may, in its discretion and upon application by the owner, issue a permit for the temporary installation of an access ramp, elevator or other facility intended exclusively to provide a means of access to or within a residence or other structure for resident with a disability which facility would otherwise be prohibited under these regulations. The permit shall expire and the facility shall be removed upon the earlier of i) the tenth anniversary of the approval unless an application to renew is made, and ii) the date the disabled resident named in the application or his or her estate or administrator shall permanently relinquish residence of the property on which the facility is located. The Commission may, in its discretion, impose such reasonable conditions as it deems appropriate including, without limitation, requiring submission of a bond to secure the obligation to remove the facility upon expiration of the permit. The Commission may also in its discretion accept an application to renew said permit after the tenth anniversary referred to above. For purposes of this section, the term "disability" shall have the meaning ascribed to such term in the Americans with Disabilities Act.
[Added 12-30-2009]
(10)
Travel way obstructions. In order to provide adequate room for emergency vehicles to turn into driveways and access buildings and parcels, no structure, tree, shrub, boulder, mailbox or other obstruction shall be erected, placed or installed alongside any paved or unpaved vehicular travel way (including, without limitation, public ways and driveways) so as to reduce the unobstructed access to less than 14 feet in width. Such minimum required access may be increased in the discretion of the Commission or its agent to the extent required to accommodate the turn radii of emergency vehicles. No vehicular travel way may be obstructed by an arch or other overhead structure.
C.
Fences.
[Amended 4-16-2012, effective 4-27-2012]
(2)
Open mesh fence. Notwithstanding the provisions of Subsection C(1), that portion of a fence consisting of open mesh having a mesh size of no less than two inches and consisting of a wire diameter of no greater than 0.120 inch (11 gauge)[2] may measure up to 10 feet in height [measured from the adjoining grade pursuant to Subsection C(3) below].
[2]
Guidance: This is standard chain link.
(3)
Measurement of fence height. For purposes of this Subsection C, the height of a fence at any given point shall be determined by measuring the height of such fence from the adjoining finished grade on one side of the fence. In the event the measurement of one side of the fence differs from the other (including, without limitation, retaining walls), the greater measurement shall be deemed to be the height of the fence at the point of measurement. In the event the fence is constructed on a berm less than 20 feet in width at its base, the height of the berm shall be included in the height of the fence. In the event the fence is constructed within 20 feet of a retaining wall, the height of the retaining wall shall be included in the height of the fence. All ornamentation, lighting and other structures affixed to a fence shall be deemed part of the fence for purposes of measurement.
(4)
Prohibited materials. Barbed wire, razor wire, corrugated metal, orange plastic and like materials shall not be permitted.
No building, structure or premises shall be built, erected, altered, used, arranged or designed to be used for any purpose other than those specified in this section. Only those uses specifically listed as being permitted shall be permitted. All new construction shall require a zoning permit in accordance with § 240-67, and new or changed uses shall require a certificate of zoning compliance in accordance with § 240-68.
A.
Permitted principal uses. The following are permitted principal uses in the Two-Acre Residential and Farming District:
[Amended 5-26-2011]
B.
Permitted accessory uses. The following are permitted accessory uses in the Two-Acre Residential and Farming District:
[Amended 5-26-2011]
(5)
Customary accessory uses.
(6)
The display and sale of farm and garden produce and nursery and greenhouse stock the majority of which is raised on the premises ("produce"), provided that the areas, facilities and intensity of use devoted to the sale of produce remain clearly incidental to the permitted principal farming or residential use of the property. In no case shall the area devoted to the display and sale of such products exceed 400 square feet of ground and/or floor space. If any permanent structure is principally utilized for the sale of produce, a detailed plan for said structure and the parking area or areas shall be submitted to and approved by the Planning and Zoning Commission in accordance with procedures set forth in §§ 240-58 and 240-59, and with any entrance/exit drive designed so as to ensure adequate sight lines and minimize traffic hazards.
[Added 9-16-2013, effective 9-26-2013]
C.
Uses permitted by special permit. The following are permitted uses in the Two-Acre Residential and Farming District subject to: i) the issuance of a special permit pursuant to Articles IV and V; and ii) any requirements and conditions imposed in connection with such approval:
[Added 5-26-2011]
D.
Minimum lot area: two acres.
E.
Minimum lot dimensions. The shape of each lot shall be such that a rectangle 170 feet by 200 feet can be contained within its horizontal boundaries. No part of any dwelling or principal building shall be erected at a point where the lot width is less than 170 feet. Each lot shall have frontage on a road or highway, as defined herein, of at least 170 feet, except as follows:
(1)
Where a lot fronts on a permanent turnaround no frontage of less than 50 feet shall be permitted.
(2)
One lot with a minimum frontage of 25 feet, or two adjacent lots each with a minimum frontage of 25 feet, shall be permitted between any two other lots each with a minimum of 170 feet of road frontage.
(3)
Access to two lots which would otherwise be served by adjacent twenty-five-foot wide accessways may be served by a common private right-of-way which is a minimum of 30 feet in width and has at least 30 feet of road frontage, where access is provided in the form of a joint travel path at least 16 feet in width and centered on the common property line. Acreage involved in the thirty-foot common right-of-way may not be counted as acreage toward the minimum lot dimension.
F.
Minimum setback requirements. No structure shall extend less than 50 feet from the front lot line or 30 feet from any side or rear lot line. Notwithstanding the foregoing:
[Amended 5-26-2011]
G.
Maximum building coverage. The land area covered by all principal and accessory buildings shall not be permitted to exceed 15% of the total lot area.
H.
Maximum building height. No building or structure shall be permitted to exceed a height of 35 feet.
[Amended 3-1-1992]
[Amended 1-18-2007]
This Neighborhood Shopping Center District shall provide the people of Weston with needed and desirable convenience goods and services in a manner which will not be detrimental to the surrounding residential areas. The uses permitted in this district shall be limited to those which will primarily serve the residents of Weston and are consistent with the purposes for which the district was designed.
A.
Permitted principal uses.
(1)
Stores and shops for the conduct of retail sales and personal service uses of a local convenience character.
(2)
Banks, business, professional, and civic offices.
(3)
Restaurants and other food service establishments where customers are served only when seated within an enclosed building. Such uses, however, may include a food takeout service incidental to the primary permitted use.
(4)
Automotive service stations, as defined in § 240-74, provided that any such station is located in a place approved by the Commission as not interfering with the normal operation of the balance of the Neighborhood Shopping Center District development, or the movement of pedestrian and vehicular traffic thereto and therefrom.
B.
C.
Limitation on uses.
(1)
The maximum square footage of any single building shall not exceed 8,000 square feet, regardless of its use. Calculation of such square footage shall include, but not be limited to, all floors, attics, basements, cellars, exterior areas enclosed by walls, fences and for hedges, and areas devoted to utilities.
[Amended 12-7-2006]
(2)
There shall be no exterior storage of articles for sale, or of other materials or equipment, except for a small amount of materials and equipment placed at the gasoline pump and solely for convenience in serving customers.
D.
Lot dimensions.
(1)
Minimum lot area: five acres.
(2)
Minimum width of lot: 300 feet.
(3)
Minimum depth of lot: 300 feet.
(4)
Minimum road frontage: 300 feet.
(5)
Minimum setback, front lot: 100 feet.
(6)
Minimum setback, side lot: None, except where such lot abuts a residence district or a road, in which case the setback shall be at least 100 feet.
(7)
Minimum setback, rear lot: 100 feet.
(8)
Minimum setback for off-street parking and loading areas: 50 feet where adjoining a lot in a residence district; 10 feet where adjoining a street, except where a wider buffer planting is required by Subsection G of this section; 10 feet where adjoining a building in the case of unenclosed off-street parking areas intended for the customer use.
E.
Maximum building height: two stories; 30 feet.
F.
Maximum building coverage. Maximum coverage of buildings, structures and paved areas shall not exceed 15% of the lot area.
G.
Landscaping.
(1)
Where a lot abuts or is directly across a minor road, as defined in the Town Plan of Development, from a residence district, a twenty-five-foot wide buffer strip shall be planted and permanently maintained with evergreen landscaping of a type, height and spacing approved by the Commission as being adequate to effectively screen the view of such development from a person standing at ground level on the residentially zoned property.
(2)
All other portions of a lot not covered by buildings, structures, off-street parking and loading spaces, sidewalks, or similar improvements shall be landscaped and permanently maintained with trees and/or other plantings of such type, height and location as may be necessary to harmoniously blend the business area in with the rural residential character of the Town as a whole. Areas may be permitted to remain in their natural state when approved as appropriate with the above objective by the Commission.
H.
Approval of site plans.
[Amended 5-31-2007]
(1)
Before the issuance of a zoning permit, a detailed plan of development shall be submitted by the applicant to and approved by the Commission, and no development shall be carried out, or certificate of zoning compliance issued, except in conformance with such approved plan or a similarly approved revision of such plan.
(2)
The plan of development shall include, with respect to all existing and proposed development:
(a)
A survey meeting the minimum detail standard requirements for ALTA/ACSM land title surveys, and including all optional survey responsibilities and specifications as promulgated by the American Land Title Association then in effect, including, without limitation, parking data;
(b)
A floor plan showing the basic subdivision of buildings, all entrances, exits and loading and service areas;
(c)
Elevation drawings of all sides of the building, with finish materials and colors indicated;
(d)
Samples of all finish materials to be used on the exterior of any building;
(e)
A lighting plan showing the location, direction, power and timing of all exterior lighting and illuminated signage;
(f)
A roof plan showing all mechanical equipment, vents, hatches, skylights, etc., and the type and extent of screening to be provided; and
(g)
A list of all existing and proposed tenants, the permitted uses under each lease, and the number of square feet occupied by each such tenant.
(3)
In acting upon such plan of development, the Commission shall determine that the requirements of the Zoning Regulations are met, and that the plan of development is such that the architectural design, scale and mass of buildings and other structures, including the exterior building material, color, roofline and building elevations shall harmonize and be compatible with the residential nature of the community, to protect property values in the neighborhood, and to preserve the appearance and beauty of the community. The Commission shall attach such conditions to its approval as may be necessary to assure initial and continued compliance with these and other above-specified requirements.
