Weston City Zoning Code
ADDITIONAL REGULATIONS
§ 157.115 PURPOSE.
Provide for special situations that must be regulated in such a manner as to promote orderly development and to protect the public health, safety, and general welfare of the community. The following supplemental regulations have been deemed necessary to clarify and carry out the overall intent of this chapter.
(Ord. passed 6-3-2019)
§ 157.116 ACCESSORY BUILDINGS, USES, AND STRUCTURES.
(A) All accessory buildings, uses, and structures shall require a zoning permit. Accessory buildings, accessory uses, and accessory structures shall be permitted in all districts, provided each is customarily incidental and subordinate to a principal use. There must be a principal structure on the lot prior to the issuance of a zoning permit for an accessory building or structure, except adjacent lots under the same ownership may have an accessory structure located on a lot adjacent to the principal structure.
(B) No use that is to be carried on in an accessory building or structure shall be in violation of the permitted uses in that district.
(C) All accessory buildings, uses, and structures shall comply with the side and rear yard setback requirements for that district. Accessory structures shall only be located in the side or rear yard, except garages, carports, fencing, mailboxes, and structures customarily associated with being the front yard may be located in the front yard.
(D) Except as provided elsewhere in this code, no accessory structure shall be constructed and used as a dwelling; provided, however, that one residential unit for a caretaker may be permitted in conjunction with any active industrial establishment.
(Ord. passed 6-3-2019)
§ 157.117 YARD/SETBACK REQUIREMENTS.
(A) All yards required to be provided under this code shall be open to the sky and unobstructed by any building or structure, except for accessory buildings or structures in the side or rear yard and within the building setback line, fences, and the following which may project into the required yards as established in this code:
(1) Steps and stoops not exceeding 24 square feet;
(2) Open or lattice-enclosed fire escapes, fireproof outside stairways and balconies opening upon fire towers, and the ordinary projection of chimneys and flues into the rear or side yard not exceeding three and one-half feet in width and placed so as not to obstruct light or ventilation; and
(3) Sills, eaves, belt courses, cornices, and ornamental features not exceeding two feet in width.
(B) For purposes of determining the required yard for townhouse developments, setbacks shall only apply from the perimeter of the main building to the perimeter of the parent parcel upon which the building is situated.
(Ord. passed 6-3-2019)
§ 157.118 SWIMMING POOLS.
Private swimming pools are permitted accessory uses only when located in rear yards. Swimming pools and protective barriers must adhere to setback requirements within the zoning district where the pool is to be located.
(Ord. passed 6-3-2019)
§ 157.119 ADDITIONAL PRINCIPAL BUILDINGS.
(A) Dwellings. Individual lots or subdivided parcels ten acres or less in size shall have no building or buildings used for living purposes in addition to the principal building on the same lot, except garage apartments where permitted in a zoning district. Undivided land parcels of ten acres or greater in size shall be limited to one residential structure per ten acre unit of undivided land area. This provision does not apply to factory-built home rental communities.
(B) Non-dwellings. Where a lot is not used as a dwelling, more than one principal building may be located upon the lot or tract, but only when such buildings conform to all open space and yard requirements around the lot for the district in which the lot or tract is located. A lot is not used as a dwelling for purposes of this section when the lot contains a caretaker’s residence used in conjunction with an active industrial establishment or a place of worship or religious institution as provided in this code.
(Ord. passed 6-3-2019)
§ 157.120 ORIENTATION OF PRINCIPAL STRUCTURES.
All principal structures shall be required to have a front door facing the street unless the Zoning Officer determines that the prevailing condition of the developed lots fronting the same street would warrant a different orientation, or another orientation is necessary for emergency services access.
(Ord. passed 6-3-2019)
§ 157.121 FENCES, LANDSCAPING, AND SCREENING.
Subject to the following conditions, fences and walls may be erected and hedges and other plantings may be grown along the boundaries of a lot.
(A) Clear sight triangle. Fences, hedges, other plantings, or walls at street corners shall not interfere with any clear sight triangle. The height of such objects is restricted to three and one-half feet within the clear sight triangle. No fence, hedge, other plantings, or walls shall otherwise impose a threat to the public safety, including by obstructing the view of motorists to oncoming traffic or pedestrians.
(B) Height restrictions. Fences, walls, hedges, and other plantings used for the purpose of screening shall not exceed 42 inches in height from the front building line extending to the front lot line, and shall not exceed six feet in height extending behind the front building line of the main structure, excluding porches and stairs.
(C) Fences and walls.
(1) Fences and walls shall be durably constructed and well maintained.
(2) Fences and walls that have deteriorated shall be replaced or removed immediately.
(3) Fence and walls shall not be constructed out of fabric, junk, junk vehicles, appliances, tanks, barrels, razor wire, or barbed wire. Electric fencing shall only be used to protect a garden, provided that electric fencing shall not exceed 48 inches in height, shall not be located in the front yard, and shall post a warning sign on each side of the fence that reads “Warning - Electric Fence” at intervals of not more than 50 feet.
(4) The finished side of the fence shall be oriented toward the front of the lot or the direction of the adjacent property owner, unless the fence is not visible from adjoining property.
(D) Landscaped buffer areas.
(1) Five foot landscaped buffer areas are the preferred method of buffering. However, where a buffer strip is considered to be impracticable or inappropriate, an opaque fence at least six feet in height, in the rear or side yard, or four feet in height in the front yard so as to restrict a clear view beyond said buffer may be substituted in whole or in part for a natural buffer, subject to approval by the Zoning Officer.
(2) Landscaped buffer areas shall be continually maintained by the landowner. Any plant material that does not survive shall be replaced within six months. All landscaping shall be kept free of refuse and debris.
(3) Landscaped buffer areas may be required by the Board of Zoning Appeals as a condition of a conditional use permit.
(4) Landscaped buffer areas shall not be required where the lot abuts an area of existing natural vegetation that effectively screens the lot from casual observation to a height of at least eight feet
(5) All species within the screen planting shall be indigenous or otherwise well-suited to the city, except that trees with large leaves which could clog storm drains; trees that are brittle, disease- prone, have low, spreading branches or shallow root systems; trees that drop large fruit or much sap; or any plantings that are otherwise messy shall also be avoided.
(6) Hedges shall be kept trimmed so that their branches shall not extend into the public road, or upon the lands of an adjoining owner, more than 18 inches over the dividing line.
(E) Location of buffer areas. Landscaped buffer areas shall be provided between any new multi- family, commercial, or industrial development that is adjacent to single-family residential property (existing or zoned) or adjacent to any dwelling, which landscaping shall be at least five feet wide and at least five feet high, subject to height limitations contained within this section.
(F) Tree placement. At least one tree for each 50 linear feet shall be planted in a landscaping strip in addition to other planting materials.
(G) Barriers. Landscaped areas shall be protected from the encroachment of vehicles by use of curbing, wheel stops, bollards, fencing, or other approved barriers.
(H) Sight lines. The landscaped areas shall not obstruct sight distances for motorists or pedestrians, nor shall such landscaping create any potential hazard to public safety.
(Ord. passed 6-3-2019)
§ 157.122 CLEAR SIGHT TRIANGLE.
In a clear sight triangle, the entire area shall remain clear of obstructions to sight, including, but not limited to, fences, hedges, other landscaping, and signs, above a plane established three and one-half feet in elevation to a height of ten feet from grade level at the intersection of any street, alley, or other public right-of-way centerline.
(Ord. passed 6-3-2019)
§ 157.123 LOT LINES AND IRREGULAR LOTS.
(A) Corner lots. Corner lots shall have no rear lot line.
(B) Flag lots. When the handle of a flag lot is less than the minimum width for a lot in the zoning district in which it is located, the handle is not to be used in delineating the minimum required lot width. The minimum lot width shall be taken from the front building setback line; however, the handle shall be used in computing the required minimum lot size, except that in no case shall the area of the handle constitute more than 50% of the entire lot. Additionally, no structures, whether primary or accessory, shall be placed in the handle.
(C) Lot width. In a case where there is only one side lot line, lot width shall be measured between such side lot line and the opposite rear lot lines or street line.
(D) Irregular lots. Front setbacks for irregular lots shall be measured from the front lot line adjacent to the street right-of-way with the greatest frontage in linear feet.
(E) Pie-shaped lots. Setbacks on pie-shaped lots shall be measured at the closest point between the building and the angled lot line.
(F) Rear lot line (irregular). In the case of a lot having no street frontage or a lot of an odd shape, only the one lot line farthest from any street shall be considered a rear lot line. Where there is only one lot line other than street lot lines, it shall be considered the rear lot line.
(Ord. passed 6-3-2019)
§ 157.124 TEMPORARY USES.
Only the following uses are permitted temporarily, for up to four consecutive weeks, unless otherwise stated, in one calendar year:
(A) Seasonal sales of such items as pumpkins, Christmas trees, fireworks stands, and the like in the Mixed-Use, Neighborhood Commercial, and General Commercial Districts;
(B) Carnival, circus, and street fairs in the Mixed-Use, Neighborhood Commercial, and General Commercial Districts;
(C) Mobile amusements and lighting equipment as a temporary attraction or sign in the Mixed-Use, Neighborhood Commercial, and General Commercial Districts;
(D) A permit is required to be completed, returned to the Zoning Officer, and approved before any temporary use may commence, in addition to any other requirements of the code of the city, including, but not limited to, obtaining a business license;
(E) Contractor’s offices and real estate offices or trailers and equipment sheds may be permitted for the period of active construction or selling of units. No sleeping or cooking accommodations are allowed;
(F) Only a well-established non-profit organization or lawful place of worship proposing a temporary use to clearly primarily serve a charitable, public service, or religious purpose shall be eligible to receive approval of a commercial use in a district where that use is otherwise not permitted; and
(G) (1) Indoor or outdoor temporary amusement events, including the erection of tents for such event, may be allowed as a temporary use, provided such use shall not exceed a duration of 15 days in one calendar year.
(2) In residential districts, such temporary amusement events shall be located on institutional and public uses property only.
(Ord. passed 6-3-2019)
§ 157.125 HEIGHT EXCEPTIONS.
(A) Special industrial structures such as cooling towers, elevator bulkheads, fire towers, tanks, and water towers, which require a greater height than provided in the district, may be erected to a greater height than permitted providing:
(1) The structure shall not occupy more than 25% of the lot area;
(2) The setback requirements of the district in which the structure is erected shall be increased by one foot for each foot of height over the maximum height permitted; and
(3) The increase is necessary to comply with state or federal statutes or regulations.
(B) The height limitations of this code shall not apply to flagpoles, church spires, belfries, chimneys, antennas, or water tanks.
(Ord. passed 6-3-2019)
§ 157.126 STORAGE, GENERAL.
(A) (1) No lot or premises shall be used as a storage area for inoperable automobiles, appliances, or the storage or collection of any other miscellaneous items unless permitted in this code or by state statute.
(2) No lot or premises shall be used as a garbage dump or a dead animal rendering plant, nor may manure, rubbish, or unauthorized miscellaneous refuse be stored in the open.
(B) All outdoor storage areas shall be located in the rear yard only. Only outdoor areas for sales may be permitted within the front yard.
(C) Any storage of hazardous material that is ancillary to a permitted use or a conditional use shall meet the following conditions:
(1) All storage shall comply with all state, federal, and local regulations; and
(2) Such material shall be listed and made known to the Fire Cheif.
(Ord. passed 6-3-2019)
§ 157.127 STORAGE OF TRAILERS, CAMPING, AND RECREATIONAL EQUIPMENT.
At no time shall trailers or camping and recreational equipment be occupied or used for living, sleeping, or housekeeping purposes while being temporarily or permanently parked or stored on a residential property. Trailers or camping and recreational equipment must be parked in rear or side yards, set back at least three feet from a property line. At no time may trailers or camping and recreational equipment be parked on or so as to obstruct a pedestrian sidewalk.
(Ord. passed 6-3-2019)
§ 157.128 PERFORMANCE STANDARDS.
(A) No use of land or structure in any district shall involve any element, or cause any condition that may be dangerous, injurious, or noxious to any other property or person.
(B) Furthermore, every use of land or structure in any district must observe the following performance requirements:
(1) No activities shall be permitted that carry objectionable substances onto neighboring properties due to erosion by wind or water;
(2) No activity shall cause electrical disturbances adversely affecting radio, television, or other communication equipment in the surrounding area;
(3) Noise, which is determined to be objectionable because of volume or frequency, shall be muffled or otherwise controlled, except for fire sirens and related apparatus used solely for public safety purposes;
(4) No gases or fumes toxic to persons or injurious to property shall be permitted to escape beyond the building in which they occur;
(5) No glare shall be seen from any street or any residential area; and
(6) No intense earth-shaking vibration shall be created or maintained by any industry beyond the property on which it is located.
(Ord. passed 6-3-2019)
§ 157.129 LIGHTING.
(A) All lighting shall be erected and maintained so that light is confined to the property and will not cast direct light or glare upon adjacent properties or public rights-of-way.
(B) All lighting shall be low-intensity and shielded so there is no illumination of adjoining residential properties.
(C) (1) Feature lighting, such as up lighting of trees or other plant material, seasonal lighting, and the like, shall be so arranged to reflect away from any residential structure.
(2) Such lighting shall not create a glare on adjacent streets or properties.
(D) Building, parking, and all other exterior lighting shall be shielded and directed in a manner that does not reflect or cause glare onto adjacent properties or interfere with street traffic. Bare, unshaded bulbs are prohibited.
(E) For all nonresidential uses, exterior wall-mounted floodlights shall be prohibited, except for security lighting.
(F) Lighting is required for all off-street parking areas, off-street loading areas, and driveways providing ingress and egress for all nonresidential and multi-family developments.
(Ord. passed 6-3-2019)
§ 157.130 PARKING.
(A) Ingress and egress for commercial development. Adequate ingress and egress to the parking facility shall be provided by clearly defined driveways. In no event shall vehicles be permitted to back directly into the public street from the off-street parking area.
(B) Driveways for commercial development.
(1) Driveways should be located to minimize traffic conflicts with traffic entering the street from either the same or the opposite side of the street.
(2) Properties with frontages of 600 feet or less on any individual street are only permitted one driveway intersection per street.
(3) Properties with frontages greater than 600 feet may be permitted a maximum of two driveways per street frontage, provided that such driveways are at least 300 feet apart and that one driveway is clearly marked for egress only and one driveway is clearly marked for ingress only.
(4) Regardless of frontage, a development may be restricted to a single driveway depending on usage and interior and exterior traffic patterns.
(5) All access driveways shall be designed to conform to the state’s Department of Transportation specifications with regard to roads.
(C) View obstruction. On any lot no walk fence, hedge, tree, shrub, or other obstruction shall be allowed which dangerously obscures the view of approaching traffic along the street, or at any intersection, including driveways.
(D) Driveway access. For residential uses, only one driveway access per unit is permitted, unless two are needed for a U-shaped driveway. A lot with at least 100 feet of frontage along a street may be permitted one additional driveway access.
(E) Off-street parking. Off-street parking spaces, with proper and safe access from a street, shall be provided on all nonresidential lots, either within a structure or in the open, to serve the uses upon that lot.
(F) Parking requirements. The following minimum number of off-street parking spaces per use shall be provided for the uses indicated below as shown in Table 5.1: Minimum Parking Spaces Required, in addition to the special queuing requirement in division (G) below and Table 5.2: Special Queuing Requirements, except that there are no parking requirements for commercial uses in the Mixed-Use Commercial District. For uses not specified in this table, the number of parking spaces shall be determined by the Zoning Officer on the basis of similar requirements, number of persons employed, and number of visitors. Appeals to the determination of parking spaces may be made to the Board of Zoning Appeals.
(1) (a) Where there is a combination of uses on a lot, the required number of parking spaces shall be the sum of that found for each use, dividing the gross floor area proportionately between the different uses.
(b) The required parking space for any number of separate uses may be combined in one lot, but the required space assigned to one use may not be assigned to another use at the same time, except that one half of the parking space required for churches, theaters, or assembly halls with peak attendance at night or on Sunday may be assigned to a use which will be closed at night or on Sunday.
(2) All square footage is in gross floor area (GFA).
(3) For any nonconforming use which is hereafter damaged or partially destroyed, and which is lawfully reconstructed, re-established, or repaired, off-street parking and loading facilities equivalent to those maintained at the time of such damage or partial destruction shall be restored and continued in operation; provided, however, in no case shall it be necessary to restore or maintain parking or loading facilities in excess of those required by this code for equivalent new uses.
Table 5.1: Minimum Parking Spaces Required | |
Use | Minimum Number of Parking Spaces |
Table 5.1: Minimum Parking Spaces Required | |
Use | Minimum Number of Parking Spaces |
Residential Uses | |
Single-Family Residential | 2 spaces per dwelling unit |
Multi-Family Residential | 1 per bedroom |
Continuing Care Facility | 1 space per 3 beds and 1 space for each employee |
Senior Independent Housing | 1.5 space for 1 bedroom unit 2 spaces for 2 bedroom unit 2.5 spaces for 3 or more bedroom unit |
Educational, Institutional, Social, and Fraternal Uses | |
Assembly (Places of Worship, Theaters, Auditoriums, and the like) | 1 space per 4 fixed seats, 1 space per 60 square feet of the main assembly where no fixed seats are used |
Community Facility | 1 space per 1,000 sq. ft. of GFA and 1 space per employee |
Cultural Service | 1 space per 300 feet of GFA |
Educational Institution | 2 spaces per 1,000 GFA |
Park | 5 spaces per acre of outdoor area |
School, K-12 | 2 spaces per classroom, 5 per classroom in high schools |
School, Commercial | 6 spaces per classroom |
Business and Industrial | |
Child Day Care Facilities | 1 space per employee and 1 additional space for every 10 children enrolled; 1 designated drop-off/pick-up space is permitted |
Clinics | 5 spaces for each doctor engaged at the clinic plus 1 parking space for each employee |
Commercial (Retail, Office, Personal Service, and the like) | 1 space for each 200 square feet of gross floor area |
Hospital | 1 space per 4 patients and 1 space per employee on largest shift |
Hotels, Motels, and the like | 1 space per guest room and 1 space for each 3 employees; 1 space per 3 persons to the maximum capacity of the largest banquet or meeting room |
Industrial | 1 space per employee on largest shift plus 5 customer parking spaces |
Restaurant/Tavern or Drinking Establishment/Night Club | 1 space per 100 square feet of GFA plus 1 space per employee |
Restaurant, Carry Out | 1 space per 2 employees |
(G) Special queuing requirements. All public and private schools, day care centers, institutional uses, places of worship, and other places of assembly shall provide off-street passenger drop-off facilities.
Table 5.2: Special Queuing Requirements | |
Use | Minimum Number of Spaces |
School | 5 automobile spaces and 5 bus spaces for every 50 students, when buses are used for student transportation |
Places of Worship and Religious Institutions, Places of Assembly, Institutions | 10 automobile spaces and 2 bus spaces or 1 automobile spaces and 0.25 bus spaces for every 50 seats in largest assembly room, whichever is greater |
Nonresidential Day Care | 6 automobile spaces |
All Other Uses | Where utilized, 3 automobile spaces, unless otherwise determined by Zoning Officer |
(H) Parking space dimensions.
(1) For angle parking, stalls shall be a minimum of nine feet in width and 18 feet in length.
(2) For parallel parking, stalls shall be a minimum of eight feet in width and 20 feet in length.
(3) For compact space parking, stalls shall be not less than seven feet wide and 16 feet long, and reserved for the parking of only one compact automobile.
(4) The minimum width of aisles providing access to stalls, varying with the angle of the parking, shall be as follows in Table 5.3: Parking Standards.
Table 5.3: Parking Standards | ||
Angle of Parking | Minimum Aisle Width (Double-Sided Parking) | Minimum Aisle Width (Single-Sided Parking) |
Parallel | 12’ | 12’ |
45° | 12’ – 8” | 12’ – 8” |
60° | 16’ | 16’ |
75° | 20’ | 18’ |
90° | 24’ | 18’ |
(I) Measuring parking area. The required parking area shall be measured exclusive of interior drives or maneuvering areas.
(J) Handicapped parking. Parking spaces for use by persons with disabilities shall meet Americans with Disabilities Act of 1990 (ADA) standards.
(K) Parking near lots. If the land between parking areas and the side or rear lot lines or street right- of-way line is landscaped to the satisfaction of the city, parking may be allowed in front, side, and rear yards, but no closer than five feet from a side or rear lot line or street right-of-way line.
(L) Parking access. All parking areas shall be designed to be accessible year-round.
(M) Marking parking spaces. Parking spaces shall be clearly delineated by suitable markings. Short- term visitor parking spaces shall be differentiated from long-term employee spaces by suitable markings or signage.
(Ord. passed 6-3-2019)
§ 157.131 OFF-STREET LOADING REQUIREMENTS.
(A) In connection with any building or structure which is to be erected or substantially altered and which requires the receipt or distribution of materials or merchandise by trucks or similar vehicles, there shall be provided off-street loading berths not less than the minimum requirements specified in this section.
(B) Areas provided for the loading and unloading of delivery trucks and other vehicles and for the servicing of shops by refuse collection, fuels, and other service vehicles shall be arranged so that they may be used without:
(1) Blocking or interfering with the use of accessways, automobile parking facilities, or pedestrian ways; or
(2) Backing out into a street.
(C) All required loading berths shall be located on the same lot as the use to be served, and no portion of the vehicle shall project into any traffic lane. No loading berth for vehicles of more than two ton capacity shall be located less than 100 feet from any residential district. No permitted or required loading berth shall be located within 50 feet of any property line. No loading facilities shall be constructed between the building setback line and a street right-of-way line.
(D) All off-street loading areas shall be adequately buffered from adjacent streets and properties and landscaped in accordance with the provisions of this code.
(Ord. passed 6-3-2019)