Weston City Zoning Code
ARTICLE X
Administration and Enforcement
§ 240-65 Issuance of authorization for construction; nullification proceedings required.
[Amended 2-1-1984]
No commission, board, agency, officer or employee of the Town shall issue, grant, or approve any permit, license, certificate, or other authorization for construction, reconstruction, alteration, enlargement, or moving of any building or structure, or for any use of land or building that would not be in full compliance with the provisions of these regulations. Any such permit, license, certificate, or other authorization issued, granted, or approved in violation of the provisions of these regulations shall be null and void and of no effect without the necessity of any proceedings or revocation or nullification thereof.
§ 240-66 Survey requirements.
[Added 12-30-2009]
A.
C.
The Commission may impose additional survey requirements from time to time by resolution. To the extent this section shall conflict with any other section of these regulations, the provisions of this section shall govern.
§ 240-67 Zoning permits.
A.
No building or structure shall be erected, constructed, reconstructed, enlarged, altered or moved, or excavation made therefor, or work begun thereon, or use made of any land, until a zoning permit therefor has been issued by the Planning and Zoning Commission. No such permit shall be issued for any building or structure where said construction, addition, alteration, moving or use thereof would be in violation of any of the provisions of these regulations. Before any permit shall be issued, written application therefor shall be made in duplicate on a form to be furnished by the Planning and Zoning Commission. Such application shall contain or be accompanied by the following, as appropriate.
[Amended 2-1-1984]
(1)
A certificate of approval of proposed water supply and sewage disposal facilities, signed by the Health Officer of the Town of Weston. Such certificate shall not be required if the zoning permit applied for does not involve changes in existing buildings or structures, in water supply, waste or sewage disposal facilities or requirements.
(2)
Two copies of a plot plan, drawn to a scale and certified substantially correct by a registered land surveyor, showing the actual shape, dimensions and area of the lot; the actual size and location on the lot and of all buildings proposed to be built on the lot and of any existing buildings or structures that shall remain, the existing and intended future use to be made of the proposed improvement and the premises; the number of families, if any, that each building is designed or intended to accommodate; proposed drainage facilities; existing and proposed contours of the land, if any change in grading is proposed. One copy of such plan shall be returned to the applicant subsequent to its approval.
B.
Expiration of zoning permits. A zoning permit issued in connection with the construction of a structure shall expire on the second anniversary of its issuance date unless: i) all foundations included in the permit application have been substantially completed; and ii) an A-2 Zoning Location Survey showing the location of such foundation in relation to all required setbacks has been submitted to and approved by the Commission. This Subsection B shall not apply to special permits.
[Added 12-30-2009]
C.
Construction on a foundation. No structure shall be constructed upon a new foundation unless and until an A-2 Zoning Location Survey has been submitted to and approved by the Commission. This Subsection C shall apply to all construction in the R-2A and NSC Districts including, without limitation, construction pursuant to a special permit.
[Added 12-30-2009]
D.
Any permit issued on the basis of false or inaccurate information supplied by the applicant, or contained in the application, shall be null and void.
H.
The requirements of Subsections A(2), B and C may be waived, in the discretion of the Commission (exercised by the Zoning Enforcement Officer when applicable), for installation of a terrace, uncovered deck, children's play set, generator, or HVAC compressor, where such improvement is clearly and demonstrably outside of any applicable setback and where lot coverage following the installation will be clearly and demonstrably below the maximum allowable lot coverage. A detailed memorandum setting forth the basis for any waiver shall be included in the file.
[Added 3-16-2009]
I.
In the event an alteration or installation is completed without a survey as permitted pursuant to Subsections G and H above, a limited certificate of zoning compliance (confirming compliance of the alteration or installation only, rather than compliance of the entire lot) shall be issued in lieu of a certificate of zoning compliance.
[Added 3-16-2009]
§ 240-68 Certificate of zoning compliance.
A.
No building structure or premises or any part thereof shall hereafter be devoted to any new or changed use, until a certificate of zoning compliance shall have been issued by the Planning and Zoning Commission. Such certificate shall state that such building or premises, or part thereof and the proposed use thereof, are in complete conformity with all requirements of these regulations.
B.
Application for a certificate of zoning compliance shall be made on forms provided by the Town. Each such application shall be accompanied by a fee in an amount to be determined by the Planning and Zoning Commission.
[Amended 3-16-2009]
C.
A certificate of zoning compliance involving a building, structure or use for which a special permit or a variance was issued by the Zoning Board of Appeals shall include any conditions or other requirements established by said Commission or Board in accordance with the granting of any such special permit or variance.
D.
No certificate of zoning compliance shall be issued for a building or use until the road upon which the lot has frontage has been constructed and approved in accordance with the inspection requirements of the Planning and Zoning Commission.
§ 240-69 Penalties for offenses.
B.
The Planning and Zoning Commission or its agent, the Zoning Inspector, is hereby designated as the official authority which shall be authorized to cause any building, structure, place or premises to be inspected and examined and to order, in writing, the remedying of any condition found to exist therein or thereon in violation of any provision of these regulations, and to take such other action as shall be necessary and proper to enforce said regulations, as provided by law. Any such remedial action shall be accomplished by the violator within 10 days of such order unless otherwise provided by statute.
C.
The Commission shall appoint a Zoning Inspector who shall be responsible to the Commission and act as its representative in the performance of such inspection duties and in connection with the enforcement of these regulations including the issuance of cease-and-desist orders and any other duties which may be assigned to him by the Commission.