[Amended 5-26-2011]
The following additional standards and requirements shall apply
to the issuance of special permits.
[Amended 2-1-1984; 7-26-2007; 5-26-2011]
The Commission may issue a special permit for the operation
of a place of worship on the following terms and conditions:
A.
Location. All such uses shall be permitted only on a minimum lot
area of three acres and only in locations fronting on, or having direct,
safe and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
B.
Coverage. A minimum rectangle shall be contained within the lot of
300 feet by 300 feet. Minimum road frontage shall be 200 feet, and
there shall be dual access to the public road. Building coverage shall
not exceed 10% of the site area nor shall the sum total land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
C.
Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from the front line, sidelines and back lot line. Minimum parking setback for structures, land uses or facilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
D.
Buffer zone. A buffer area shall be required along all lot lines
of at least 50 feet in depth and contain evergreen planting of such
type, height, spacing and arrangement as will screen the activity
on the lot from adjacent properties. A wall or fence of location,
height, design and materials approved by the Commission as providing
equivalent screening may be substituted for all or part of the required
planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be as limited by the Fire Marshal. Maximum structure height
shall be 35 feet, 2 1/2 stories. Sale of products or materials
shall be restricted to only those products or materials which are
customarily incidental to the principal use as determined by special
permit. Dwelling use on the same lot is permitted, but an additional
two acres shall be required for the dwelling, and all requirements
for the dwelling and lot must meet the Zoning Regulations.
F.
Established houses of worship. Notwithstanding any terms of Subsection C to the contrary, for churches, temples and places of worship established prior to August 1, 2007, the minimum setback of all structures shall be 50 feet to 100 feet from the front lot line and 30 feet to 100 feet from the side lot lines and the back lot line, as determined in the Commission's discretion. A buffer area within the approved setback area containing plantings and/or a wall or fence shall be established and maintained by the applicant. The location and size of the buffer is subject to prior review and approval by the Commission.
[Amended 5-26-2011]
The Commission may issue a special permit for the operation
of fire stations owned by a private, not-for-profit organization or
corporation on the following terms and conditions:
A.
Location. All such uses shall be permitted only on a minimum lot
area of three acres and only in locations fronting on, or having direct,
safe and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
B.
Coverage. A minimum rectangle shall be contained within the lot of
170 feet by 200 feet. Minimum road frontage shall be 200 feet, and
there shall be dual access to the public road. Building coverage shall
not exceed 10% of the site area nor shall the sum total of land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
C.
Setbacks and parking.
(1)
Minimum
setback of all principal facilities and structures shall be 100 feet
from the front line, sidelines and back lot line. Minimum setback
of land use shall be 50 feet from the front line, sidelines and back
lot line. Minimum parking setback from structures, land uses or facilities
shall be 100 feet from the front line and 50 feet from the sidelines
and back lot line.
D.
Buffer area. A buffer area shall be required along all lot lines
of at least 50 feet in depth and contain evergreen planting of such
type, height, spacing and arrangements as will screen the activity
on the lot from neighboring areas. A wall or fence of location, height,
design and materials approved by the Commission as providing equivalent
screening may be substituted for all or part of the required planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be as specified by special permit. Maximum structure height
shall be 30 feet. Sale of products or materials shall be restricted
to only those products or materials which are customarily incidental
to the principal use as determined by special permit. Dwelling use
on the same lot it prohibited.
[Amended 5-26-2011]
The Commission may issue a special permit for the operation
of a private school on the following terms and conditions:
A.
Location. All such uses shall be permitted only on a minimum lot
area of two acres and only in locations fronting on, or having direct
and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
B.
Coverage. A minimum rectangle shall be contained within the lot of
170 feet by 200 feet. Minimum road frontage shall be 200 feet, and
there shall be dual access to the public road. Building coverage shall
not exceed 10% of the site area nor shall the sum total of land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
C.
Setbacks and parking. Minimum setback of all principal structures, equipment and facilities shall be 100 feet from the front line, sidelines and back lot line. Minimum parking set back shall be 100 feet from the front line and 100 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
D.
Buffer area. A buffer area shall be required along all lot lines
of at least 50 feet in depth. Within the buffer area there shall be
evergreen planting of such type, height, spacing and arrangement as
will screen the activity on the lot from the neighboring areas. A
wall or fence of location, height, design and materials approved by
the Commission as providing equivalent screening may be substituted
for all or part of the required planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be restricted to eight students per acre. Maximum building
height shall be 35 feet, 2 1/2 stories. Sale of products or materials
shall be restricted to only those products or materials which are
customarily incidental to the principal use as determined by special
permit. Dwelling use on the same property is permitted, but an additional
two acres shall be required for the dwelling, and the dwelling and
lot must meet all requirements of the Zoning Regulations.
[Amended 2-1-1984; 5-26-2011]
The Commission may issue a special permit for the operation
of a club on the following terms and conditions:
A.
Location. All such uses shall be permitted only on a minimum lot
area of three acres and only in locations fronting on, or having direct
and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
B.
Coverage. A minimum rectangle shall be contained within the lot of
170 feet by 200 feet. Minimum road frontage shall be 200 feet, and
there shall be dual access to the public road. Building coverage shall
not exceed 10% of the site area nor shall the sum total of land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
C.
Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from the front line, sidelines and back lot line. Minimum parking setback for structures, land uses of facilities shall be 100 feet from the front line and 50 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.[1]
D.
Buffer area. A buffer area shall be required along all lot lines
of at least 50 feet in depth and contain evergreen planting of such
type, height, spacing and arrangement as will screen the activity
on the lot from neighboring areas. A wall or fence of location, height,
design and materials approved by the Commission as providing equivalent
screening may be substituted for all or part of the required planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be as specified by special permit. Maximum building height
shall be 30 feet. Sale of products or materials shall be restricted
to only those products or materials which are customarily incidental
to the principal use as determined by special permit. Dwelling use
on the same property is permitted, but an additional two acres shall
be required for the dwelling, and all requirements for the dwelling
and lot shall meet the Zoning Regulations.
[Amended 2-1-1984; 8-18-2004; 5-26-2011]
The Commission may issue a special permit for the operation
of a nursery school on the following terms and conditions:
A.
Location. All such uses shall be permitted only on a minimum lot
area of two acres and only in locations fronting on, or having direct
and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map. Dwelling use on the same property is permitted, but
an additional two acres shall be required for the dwelling. The dwelling
and lot must meet all the requirements of the Zoning Regulations.
B.
Coverage. A minimum rectangle shall be contained within the lot of
170 feet by 200 feet. Minimum road frontage shall be 170 feet or 50
feet on a turnaround or 25 feet on a flag lot. Building coverage shall
not exceed 15% of the site area nor shall the sum total of land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area. A single-access driveway shall be permitted.
C.
Setbacks and parking. Minimum setback of all principal structures, equipment and facilities and land uses shall be 100 feet on the front line, sidelines and back lot lines. Minimum parking setback shall be 100 feet from the front line, 100 feet from the sidelines and back lot line. Minimum required parking space shall be as provided in § 240-54.[1]
D.
Buffer area. A buffer area shall be required along all lot lines
of at least 30 feet in depth and contain evergreen planting of such
type, height, spacing and arrangement as will screen the activity,
equipment and facilities. A wall or fence of location, height, design
and materials approved by the Commission as providing equivalent screening
may be substituted for all or part of the required planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be eight students per acre. Maximum building height shall
be 35 feet, 2 1/2 stories. Sale of products or materials shall
be restricted to only those products or materials which are customarily
incidental to the principal use as determined by special permit. Dwelling
use on the same lot is permitted. If such use is conducted within
the dwelling or in a nondwelling, requirements set forth by the State
Public Health Department shall be met.
[Amended 2-1-1984; 5-26-2011]
The Commission may issue a special permit for the operation
of a riding stable or academy on the following terms and conditions.
A.
Location. All such uses shall be permitted only on a minimum lot
area of five acres and only in locations fronting on, or having direct
and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
B.
Coverage. A minimum rectangle shall be contained within the lot of
300 feet by 300 feet. Minimum road frontage shall be 200 feet, and
there shall be dual access to the public road. Building coverage shall
not exceed 10% of the site area nor shall the sum total of land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
C.
The setbacks and parking. No structure, riding ring, corral, manure
pit used for or in conjunction with the operation shall be located
in a manner that any part thereof shall be less than 150 feet from
the nearest line of any road, street or highway abutting the property
or any side and rear boundary line. Minimum parking setback shall
be 150 feet from the front line and 150 feet from the sidelines and
back lot line. Minimum required parking space shall be as by special
permit for the event but with a minimum of two parking spaces per
horse. A parking plan shall be required showing the location and dimensions
of proposed parking area, the type of surface to be used, provisions
for storm drainage and other improvements to limit water runoff, and
the location of the access road or roads. The provisions for traffic
control, parking and handling of large horse vans during the conduct
of horse shows shall be made by the applicant.
D.
Buffer area. A buffer area shall be required along all lot lines
of at least 50 feet in depth and contain evergreen planting of such
type, height, spacing and arrangement as will screen activity on the
lot from neighboring areas. A wall or fence of location, height, design
and materials approved by the Commission as providing equivalent screening
may be substituted for all or part of the required planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be restricted to four horses per acre. Maximum building
height shall be 30 feet. Sale of products or materials shall be restricted
to only those products or materials which are customarily incidental
to the principal use as determined by special permit. Dwelling use
on the same property is permitted, but an additional two acres shall
be required for the dwelling, and all requirements for the dwelling
and lot must meet the Zoning Regulations. No horse shall be housed
in any part of a building used as a residence. The use of temporary
buildings or trailers for the stabling of horses in excess of 15 days
is prohibited. There shall be no storage or supplies outside of permanent
buildings. Stable manure must not create a health hazard from an air
and water pollution standpoint to the community in general or the
persons inhabiting or using the surrounding acreage, and therefore
the stabling of horses shall conform to all regulations of local and
state health authorities. Adequate fencing must be installed and maintained
to reasonably contain the horses within the property. The use of public
address systems, the conduct of the instruction of riders, training
of horses and the spectator participation in competitions should be
modulated and continuously controlled in order to avoid becoming a
nuisance to surrounding neighbors.
[Added 1-17-2008; amended 5-26-2011]
The Commission may issue a special permit for municipal uses
on lots owned by the Town of Weston on the following terms and conditions:
A.
Applicability. This § 240-27 shall apply to uses engaged in by the Town other than:
(1)
Uses in which the Town is engaged on a particular lot as of the effective
date of this section, provided that no intensification of such preexisting
uses shall be permitted except in conformity with this section.
(2)
Ordinary maintenance and repair of preexisting structures, provided
that no intensification of any preexisting nonconformity shall be
permitted except in conformity with this section.
(3)
Rental of single-family dwellings for income, limited to one dwelling
per lot and otherwise in conformity with these regulations.
(4)
Construction, maintenance, improvement and replacement of roads,
bridges, or drainage facilities, except insofar as such work is otherwise
required in connection with an application submitted under this section.
B.
Location. All Town uses shall be permitted only on a minimum lot
area of three acres and only in locations fronting on, or having direct,
safe and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
C.
Coverage. A minimum rectangle of 170 feet by 200 feet shall be contained
within the lot. Minimum road frontage shall be 200 feet, and there
shall be dual access to the public road. Building coverage shall not
exceed 20% of the site area nor shall the sum total of land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
D.
Setbacks. Minimum setback for all structures shall be 100 feet from
the front line, sidelines and back lot line. Minimum setback for any
land use shall be 50 feet from the front line, sidelines and back
lot line. Minimum setback for parking shall be 100 feet from the front
line and 50 feet from the sidelines and back lot line.
E.
Buffer area. A buffer area shall be required along all lot lines
of at least 50 feet in depth and contain evergreen planting of such
type, height spacing and arrangements as will screen the activity
on the lot from neighboring areas. A wall or fence of location, height,
design and materials approved by the Commission as providing equivalent
screening may be substituted for all or part of the required planting.
F.
Height. Maximum building height shall be 35 feet.
H.
No expiration of approved permit. With the exception of the first sentence, § 240-18 shall not apply to any permit approved pursuant to this section.
I.
Mixed-use; multiple-family dwellings. The use of any structure as
a dwelling on the same lot as another use shall be prohibited other
than overnight accommodations for emergency service personnel. Except
to the extent affirmatively required (and not merely permitted) by
state law, the Town shall not engage in the ownership, construction,
or operation of multifamily dwelling units other than overnight accommodations
for emergency service personnel.
[Amended 7-16-2001; 10-15-2001; 5-26-2011]
The Commission may issue a special permit for the operation
of a regulated home occupation on the following terms and conditions:
A.
Such accessory use(s) shall be clearly subordinate to the residential
use of the property and shall not impair the residential character
of the premises or the neighborhood.
B.
Such accessory use shall not exceed 1,500 square feet or 1/2 the
total floor area of the principal dwelling, whichever is less. No
permanent dedication of the residential structure to nonresidential
uses shall result from such accessory use(s). No significant alteration
of or addition to a structure designed and built originally for other
uses shall be allowed for a home occupation without a special permit.
C.
There shall be no storage of materials or other evidence of the accessory use outside the residence, except for one sign, as permitted under § 240-45.
(1)
The traffic impact of such accessory use shall not alter the existing residential character of the neighborhood. Parking area(s) shall be subject to the review and approval of the Planning and Zoning Commission, in accordance with the procedures set forth in § 240-59 as being of adequate size for the particular use, suitably screened throughout the year with evergreen planting, walls or fences, or combinations thereof, properly designed to avoid any sanitation or drainage problems, and with entrance and exit drives designed so as to minimize traffic hazards.
(2)
No noise, odor, vibration, illumination, pollution, unsightly or
unsanitary condition caused by such accessory use shall be noticeable
beyond the property boundary, nor shall the use create interference
with radio or television reception in the vicinity.
(3)
Only one commercial vehicle not to exceed 9,000 pounds gross vehicle
weight shall be used in connection with any such accessory use. Such
commercial vehicle shall be garaged or otherwise screened and hidden
from view of the road(s) and adjoining properties when not in use.
D.
All products sold on the premises shall be made on the premises,
except for the sale of items which are incidental to the provision
of a permitted service.
E.
There shall be no mechanical or structural fabrication or assembly
of any products or items (other than art works or cabinetry), except
that which is incidental to the provision of a permitted service.
F.
When instruction is offered in the home where there are to be more
than four students on the premises at any one time, a special permit
shall be required.
[Amended 2-1-1984; 5-26-2011]
The Commission may issue a special permit for the operation
of a museum/art gallery on the following terms and conditions:
A.
Location. All such uses shall be permitted only on a minimum lot
area of three acres and only in locations fronting on, or having direct,
safe and convenient access to, a major or collector road as determined
by the Planning and Zoning Commission and shown on the Town Plan of
Development Map.
B.
Coverage. A minimum rectangle shall be contained within the lot of
300 feet by 300 feet. Minimum road frontage shall be 200 feet, and
there shall be dual access to the public road. Building coverage shall
not exceed 10% of the site area nor shall the sum total land covered
with buildings and parking (including driveways) be permitted to exceed
30% of the site area.
C.
Setbacks and parking. Minimum setback of all principal structures shall be 100 feet from the front line, sidelines and back lot line. Minimum parking setback for structures, land uses or facilities shall be 100 feet from the front line and 50 feet from the side lines and back lot line. Minimum required parking space shall be as provided in § 240-54.
[Amended 6-3-2013]
D.
Buffer zone. A buffer area shall be required along all lot lines
of at least 50 feet in depth and contain evergreen planting of such
type, height, spacing and arrangement as will screen the activity
on the lot from adjacent properties. A wall or fence of location,
height, design and materials approved by the Commission as providing
equivalent screening may be substituted for all or part of the required
planting.
E.
Additional requirements. Maximum intensity of use and/or membership
limit shall be as limited by the Fire Marshal. Maximum structure height
shall be 35 feet, 2 1/2 stories. Sale of products or materials
shall be restricted to only those products or materials which are
customarily incidental to the principal use as determined by special
permit. Dwelling use on the same lot is permitted, but an additional
two acres shall be required for the dwelling, and all requirements
for the dwelling and lot must meet the Zoning Regulations.
[Added 5-26-2011]
The Commission may issue a special permit for the operation
of a farmers' market on the following terms and conditions:
A.
A farmers' market shall not be permitted to operate on any lot
containing a single-family dwelling.
B.
A special permit issued for a farmers' market shall expire 12
months from the date of issuance, provided that the Commission may,
in its discretion, establish an alternate period of no less than four
months and no more than 48 months.
C.
All structures and equipment erected, installed or used primarily
for a farmers' market shall be removed from the lot (or stored
in a structure so as to not be visible from the exterior of such structure)
during any period the farmers' market is not operating.
[Added 5-26-2011]
The Commission may issue a special permit for the operation
of parks and playgrounds on the following terms and conditions:
A.
Parks and playgrounds shall not be permitted to operate on any lot
containing a single-family dwelling.
B.
No building may be constructed within a park or playground.
C.
Structure coverage shall not exceed 20% of the site area in the aggregate.
Structure, parking, driveway and impermeable surface coverage shall
not exceed 30% of the site area in the aggregate.
D.
Minimum setback of all structures, equipment, parking areas and any
paved or impermeable surface other than driveways shall be 50 feet
from the front, side and rear lot lines.
E.
The Commission may, in its discretion, require installation and maintenance
of fencing and/or planting and maintenance of a buffer area of up
to 50 feet in depth.
F.
Any special permit issued with respect to parks and playgrounds may
be terminated, in the Commission's discretion, in the event any
portion of any lot within the special permit area is conveyed or dedicated
to a another use.
[Amended 7-16-2001; 10-15-2001; 5-26-2011]
A limited home occupation shall be permitted as an accessory
use to the extent such use complies with the following terms and conditions:
A.
Such accessory use(s) shall be clearly subordinate to the residential
use of the property and shall not impair the residential character
of the premises or the neighborhood.
B.
Such accessory use shall not exceed 1,500 square feet or 1/2 the
total floor area of the principal dwelling, whichever is less. No
permanent dedication of the residential structure to nonresidential
uses shall result from such accessory use(s). No significant alteration
of or addition to a structure designed and built originally for other
uses shall be allowed for a home occupation without a special permit.
C.
There shall be no storage of materials or other evidence of the accessory use outside the residence, except for one sign, as permitted under § 240-45.
(1)
The traffic impact of such accessory use shall not alter the existing residential character of the neighborhood. Parking area(s) shall be subject to the review and approval of the Planning and Zoning Commission, in accordance with the procedures set forth in § 240-59 as being of adequate size for the particular use, suitably screened throughout the year with evergreen planting, walls or fences, or combinations thereof, properly designed to avoid any sanitation or drainage problems, and with entrance and exit drives designed so as to minimize traffic hazards.
(2)
No noise, odor, vibration, illumination, pollution, unsightly or
unsanitary condition caused by such accessory use shall be noticeable
beyond the property boundary, nor shall the use create interference
with radio or television reception in the vicinity.
(3)
Only one commercial vehicle not to exceed 9,000 pounds gross vehicle
weight shall be used in connection with any such accessory use. Such
commercial vehicle shall be garaged or otherwise screened and hidden
from view of the road(s) and adjoining properties when not in use.
D.
All products sold on the premises shall be made on the premises,
except for the sale of items which are incidental to the provision
of a permitted service.
E.
There shall be no mechanical or structural fabrication or assembly
of any products or items (other than art works or cabinetry), except
that which is incidental to the provision of a permitted service.
F.
When instruction is offered in the home where there are to be more
than four students on the premises at any one time, a special permit
shall be required.
The keeping of roomers or boarders shall be permitted subject
to the following conditions:
A.
No more than three roomers or boarders may be accommodated on any
lot.
B.
The leasing of rooms and taking of boarders may be conducted only
by owner occupants.
C.
Roomers and boarders must be accommodated within the principal dwelling
and shall not be provided with separate cooking facilities.
D.
Nothing in this section shall be construed to permit tourist cabins,
trailer camps, apartments, hotels, inns, taverns or roadhouses.
[Amended 7-1-1989; 5-26-2011]
One apartment is allowed within a dwelling if the following
conditions are met:
A.
The apartment is located in a dwelling on a lot of two acres or more
or on a preexisting nonconforming building lot.
B.
The apartment is within the main dwelling and shall be designed so
that, to the maximum extent possible, the appearance of the building
remains that of a one-family residence. An outbuilding or auxiliary
structure may not be connected to the main building and made into
an apartment or, if already connected, may not be used as an apartment.
C.
The apartment shall have safe and proper means of entrance and exit.
In the case of a basement apartment, there shall be at least two separated
exits, and proper ventilation shall be provided.
D.
The floor space devoted to such apartment shall not exceed 25% of
the entire floor area of the dwelling, nor shall it be greater than
800 square feet in gross floor area, including interior access to
the apartment.
E.
The owner (someone who owns not less than 1/4 interest in the lot)
of the residence in which the accessory apartment is created shall
occupy the main section of the house or the apartment except for bona
fide temporary absences. In no case shall the house and the apartment
be rented simultaneously.
F.
The application shall include an accurate description of the facts
of the proposed facility as required by the Commission or its agent.
The Commission or its agent may require the applicant to supply architectural
drawings, surveyors' maps or engineering data and such other
information as the Commission or its agent finds necessary to ensure
that the application complies with all applicable regulations.
