Except where specifically defined herein, all words shall carry
their customary meaning.
A.Â
All words
used in the present tense include the future tense; words in the singular
number include the plural number and vice versa; the word "person"
includes corporations and all other legal entities; the word "premises"
shall include land and buildings thereon; and the words "occupied"
or "used" shall be considered as though followed by the words "or
intended, arranged or designed to be used or occupied," unless the
natural construction of the wording indicates otherwise.
B.Â
The word
"shall" is always mandatory.
C.Â
Unless
otherwise specified, all distances shall be measured horizontally.
D.Â
The word
"Town" means the Town of Weston.
E.Â
The term
"Commission" means the Planning and Zoning Commission of the Town
of Weston.
F.Â
The term
"Town Clerk" means the Town Clerk of the Town of Weston.
G.Â
The term
"Zoning Inspector" means the Zoning Inspector of the Town of Weston.
H.Â
The term
"Zoning Board of Appeals" means the Zoning Board of Appeals of the
Town of Weston.
As used in this article, the following terms shall have the
meanings indicated:
Any area of a lot between 25 feet and 50 feet in width which
serves to connect the building area of the lot with the road upon
which it has frontage and access.
The conductor by which electromagnetic waves are sent or
received, a structure commonly consisting of a wire, a metal rod or
a circular metal dish.
[Amended 5-1-1989]
A room or set of rooms, among the other rooms or sets in
one building designed for use as a dwelling and which includes cooking,
three-fixture bath and sleeping facilities.
[Amended 10-30-1986]
A retail place of business engaged primarily in the sale
of motor fuels, but also in the supplying of goods and services required
in the operation and routine maintenance automotive vehicles and the
filling of motorist's immediate needs, including the sale of
petroleum products, the sale and servicing of tires, batteries, automotive
accessories and replacement items, washing and lubrication servicing,
the performance of minor repairs, and the supply of other incidental
customer services and products, but excluding any body and fender
work, or painting by mechanical means.
An apartment any part of which is below the elevation of
the finished grade of the ground adjacent to any part of the dwelling
at the highest point of elevation.
[Amended 10-30-1986]
Any structure having a roof supported by columns or by walls,
and intended for the shelter, housing, or enclosure of persons, animals
or chattel.
A building subordinate to the principal building on a lot
and used for purposes customarily incidental to that of said principal
building.
The total area of a lot covered by all buildings thereon,
both principal and accessory, measured by the exterior dimensions
of such buildings, but not including uncovered porches, steps and
terraces.
The average vertical distance measured from the finished
grade adjacent to the exterior walls of a building to the level of
the highest roof point or the highest ridge of the structure. Roof
points or ridges which are lower than the highest roof point or ridgeline
shall not be used in the calculation of building height.
[Amended 5-17-2001]
A building in which is conducted the primary or principal
use of the lot on which said building is situated.
A voluntary organization, not conducted primarily for gain,
with facilities catering exclusively to members and their guests for
recreational, athletic, cultural or social purposes.
A use of land, buildings or structures which is incidental
and subordinate to and customarily used in connection with, and located
on the same lot with, the principal building, structure, or use. Customary
accessory uses with respect to single-family dwellings shall include,
but not be limited to, private detached garages, tool and potting
sheds, barns, children's play systems (such as swings, slides,
and playhouses), swimming pools, and playing courts.[1]
[Added 5-26-2011]
A place, building or structure which is designed or used
on a regular or seasonal basis to provide supervised recreational
activities for two or more children, but not including the overnight
lodging of any such children.
Natural material which degrades rapidly when buried, not
including building materials.
[Amended 1-1-1992]
A person's fixed, permanent and principal residence
for legal purposes such as voting.
[Amended 5-1-1989]
A building designed or used exclusively as nontransient living
quarters for one or more families. The term shall not be deemed to
include automobile court, motel, hotel, rooming house, boardinghouse,
house trailer, tourist home or tent.
A building or portion thereof providing complete housekeeping
facilities for one family.
One or more persons occupying one dwelling unit and living
together as a single housekeeping unit. Any number of such persons
over four shall be related to each other by blood, marriage or adoption.
[Amended 5-1-1989]
A market for the display and sale at retail of farming products,
and customary accessory uses.
[Added 5-26-2011]
Includes the use of a lot, either as a principal or accessory
use, for the purpose of producing agricultural, horticultural, floricultural,
vegetable and fruit products of the soil, and shall include the raising
of horses, and other domestic farm animals. Riding academies, livery
stables, animal kennels, the breeding, raising or habitation of fur-bearing
animals, pigs and goats, commercial poultry farms, stands for the
sale of produce (except as otherwise expressly permitted by these
regulations) or the commercial processing of the products of the farm,
shall not be included.
[Amended 9-16-2013, effective 9-26-2013]
A structure for enclosing, dividing or screening. This includes
traditional fencing, masonry or stone walls, pillars and gates related
thereto.
[Amended 6-16-2003]
A facility primarily used by a fire/rescue organization for
house fire suppression, rescue, and/or emergency medical response
apparatus and equipment. The term "fire station" shall include customary
accessory uses, including but not limited to training and fitness,
administration, and social functions.
[Added 5-26-2011]
The sum of the gross internal horizontal area of the several
floors of the building, but not including attached or built-on garages,
porches or terraces, unfinished rooms, or unfinished floor area having
a clear head room of less than seven feet.
[Amended 10-30-1986]
The extent of a lot along a road as defined therein.
Artistic and professional pursuits operated from a dwelling.
[Added 5-26-2011]
A home occupation engaged in by no more than one individual
who is not an occupant of such dwelling.
[Added 5-26-2011]
A parcel of land devoted or to be devoted to a particular
use, or occupied or to be occupied by a building or buildings, together
with any required open spaces, and having frontage on a road as defined
herein.
The total horizontal area included within lot boundaries.
A lot on two or more intersecting roads or lanes.
[Amended 3-1-1992]
The horizontal distance between the front and rear lot lines
measured perpendicular to the mean direction of the front lot line.
That lot area extending across the full width of a lot and
lying between the front lot line and the nearest line of the building.
A property line bounding a lot as defined herein.
A lot which has no frontage on any road, except for a single
accessway not to exceed 25 feet in width, or a shared right-of-way
not to exceed 30 feet in width.
[Amended 3-1-1992]
In the case of a lot abutting upon only one road, the line
separating the lot from the road; in the case of any other lot, the
owner may elect any lot line abutting a road as the front lot line.
The lot line which is generally opposite the front lot line
if the rear lot line is less than 10 feet in length, or if the lot
comes to a point at the rear, the rear lot line shall be deemed to
be a line parallel to the front lot line not less than 10 feet long,
lying wholly within the lot and farthest from the front lot line.
Any property line extending from the front lot line to the
rear lot line.
That lot area extending across the full width of a lot and
lying between the rear lot line and the nearest line of the building.
That lot area between the side lot line(s) and the nearest
line of the building, and extending from the front lot line to the
rear lot line.
The horizontal distance between the side lot lines, measured
parallel to the mean direction of the front lot line.
A not-for-profit institution that houses and cares for a
collection of artifacts and other objects of scientific, artistic,
cultural, or historical importance and makes them available for public
viewing and study through exhibits that may be permanent or temporary
and offers programs of study with respect thereto. The term "museum/art
gallery" shall include customary accessory uses.
[Added 5-26-2011]
A use of a building or of land which does not conform with
the use regulations of the district in which it is situated, but which
use existed at the time of the adoption, or amendment substantively
affecting such use, of these regulations and complied with the Zoning
Regulations at the time it was established.
[Amended 6-3-2013]
A place, building or structure, designed to provide care
or instruction for two or more children under six years of age, operated
on a regular or seasonal basis.
An individual who uses the subject dwelling as his or her
primary residence.
[Added 5-26-2011]
As applied to fences, open to the passage of air and visually
open as viewed looking directly at the fence.
Open space land dedicated and held in perpetuity for educational,
scientific, aesthetic, or other equivalent passive uses for the benefit
of the public in general which may be improved by natural walking
trails, parking facilities, picnicking facilities, map and informational
kiosks and similar unenclosed improvements, and shall include, but
is not limited to, community gardens. The term "park" shall include
customary accessory uses.
[Added 5-26-2011]
An off-street area containing one or more parking spaces,
with passageways and driveways appurtenant thereto.
An off-street space available for the parking of one motor
vehicle on a transient basis.
An establishment where a group of people performs acts of
religious study, honor, or devotion. The term "place of worship" shall
include customary accessory uses.
[Added 5-26-2011]
Land dedicated and held in perpetuity for recreational uses,
for the benefit of the public in general improved with outdoor equipment
and facilities for play, recreation, and sports and shall include,
but is not limited to, children's play areas and basketball courts.
The term "playground" shall include customary accessory uses.
[Added 5-26-2011]
A kindergarten, primary or secondary school furnishing a
comprehensive curriculum of academic instruction similar to that of
a public school.
Any piece or parcel of land wholly owned by the Town of Weston.
[Added 9-23-2011]
Any public or private road, street or lane.
[Amended 6-16-2003]
A home occupation engaged in by more than one individual
who is not an occupant of such dwelling.
[Added 5-26-2011]
An establishment where horses are kept for riding, driving
or stabling for compensation, or are kept incidental to the operation
of a club, association, ranch or similar establishment.
Any road, street, highway, avenue, lane or way dedicated
to movement of vehicles and pedestrians, and which is shown on a subdivision
plan approved by the Commission or is on a map filed in the office
of the Town Clerk prior to March 1, 1956, or is a state or Town road,
but not including private driveways or rights-of-way.
A property line dividing a road and a lot. See also definition
of "lot line, front."
Any structure or part thereof, or any device attached thereto
or painted thereon, or any material or things, illuminated or otherwise,
which displays or includes any numeral, letter, emblem, device, trademark,
or other representation used as an announcement, designation, direction
or display, to advertise or promote any person, firm, group, organization,
commodity, service, profession or enterprise, when said display is
placed out of doors or within three feet of a window in view of the
general public, but not including the following: the flag or insignia
of any government or government agency; the flag of any civic, political,
charitable, religious, patriotic, fraternal or similar organization,
which is hung on a flagpole, or a mast; or any Christmas or other
seasonal holiday decorations which do not contain commercial lettering,
wording, designs, symbols or other devices.
Where a sign consists of a single board of face, with information
on one or both sides, the area which results by multiplying the outside
dimensions of such sign, not including the vertical, horizontal or
diagonal supports which may affix the sign to the ground or to a structure
or building, unless such supports are evidently designed to be a part
of the sign as defined herein. Where a sign consists of several individual
faces, the area shall be the total of the area of all such faces computed
as above. Where the sign consists of individual letters or symbols
attached to or painted on a building, the area shall be considered
to be that of the smallest rectangle which encompasses all of the
letters or symbols.
A dwelling containing one dwelling unit only.
Any earth, loam, topsoil, clay, stone, sand, gravel, or aggregate
of any kind for loose deposit on the ground and not intended for integration
into any structure.
That portion of a building included between the surface of
any floor and the surface of a floor next above it, or if there be
no floor above it, then the space between the floor and the top of
the ceiling beams next above it. In measuring the height of a building,
a basement should be counted as a story if the ceiling is more than
four feet above the average level of the adjoining finished grade.
Each basement in excess of one shall be counted as a story.
A story with at least two opposite exterior sides meeting
a sloping roof not more than two feet above the floor of such story.
See definition of "road."
Anything constructed or erected, the use of which requires
location on the ground or attachment to something having location
on the ground. This term shall also include but not be limited to
pools, tennis, paddle and other such playing courts and antennas.
[Amended 5-1-1989]
An artificial body of water, or receptacle for water, having
a depth at any point greater than two feet, and used or intended to
be used for swimming or bathing and permanently constructed, installed
or maintained in or above the ground out of doors.
Any sign which consists of a single placard measuring no
more than three square feet, does not exceed 36 inches in height measured
from the adjoining grade, and is placed on the ground without foundation
or supports or is erected on wire supports.
[Added 9-23-2011]
A paved uncovered platform with or without retaining walls.
A terrace with a roof or an awning shall be considered a porch.
The specific purpose for which land or a building or structure
is designed, arranged, intended or occupied.
A use which is customarily incidental and subordinate to
the principal use on a lot, and located on the same lot therewith.
The main or primary use of a premises.
[2]
Note: In measuring aforesaid lot area, the line of a building
shall be deemed to mean a line parallel to the lot line, drawn from
a point of a building or the point of a group of buildings nearest
to such lot line, and the measure shall be taken at right angles from
the line of the building, as defined herein, to the lot line.
[3]
Note: In measuring aforesaid lot area, the line of a building
shall be deemed to mean a line parallel to the lot line, drawn from
a point of a building or the point of a group of buildings nearest
to such lot line, and the measure shall be taken at right angles from
the line of the building, as defined herein, to the lot line.
[4]
Note: In measuring aforesaid lot area, the line of a building
shall be deemed to mean a line parallel to the lot line, drawn from
a point of a building or the point of a group of buildings nearest
to such lot line, and the measure shall be taken at right angles from
the line of the building, as defined herein, to the lot line.
