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Kiwanis Weston Survival Guide 23, Zoning Regs & Town Charter

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Kiwanis CLUB OF WESTON  

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ZONING REGULATIONS OF THE TOWN OF WESTON Amended October 18, 2021

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ARTICLE I – PURPOSES TABLE OF CONTENTS Page Section 100. Statement of Purposes 1 ARTICLE II – ESTABLISHMENT OF DISTRICTS Section 200. Classes of Districts and Purposes 2 210. Zoning Map 2 211. District boundaries 2 212. Parcels of land in more than one zone 2 ARTICLE III – GENERAL REGULATIONS Section 300. Application of Regulations 2 310. General Regulations 3 320. District Regulations 7 321. Two Acre Residential & Farming District 7 322. Village District 10 330. Special Permit Approval 13 341. Additional Special Permit Standards and Requirements 15 343. Limited Home Occupation 24 345. Apartments 26 348. Disturbance of Soil 27 350. Signs 29 360. Off-Street Parking & Loading 30 370. Non-Conforming Uses & Structures 34 ARTICLE IV – ADMINISTRATION AND ENFORCEMENT Section 400. Enforcement 35 410. Zoning Permits 36 420. Certificate of Zoning Compliance 37 430. Violations & Penalties 38 ARTICLE V – AMENDMENTS AND MISCELLANEOUS Section 500. Amendments 38 510. Separability Clause 39 520. Short Title 39 530. Effective Date 39 ARTICLE VI – DEFINITIONS Section 600. General Construction of Language 39 610. Definitions 40 APPENDIX A - POLICY REGARDING SITE AND BUILDING DESIGN STANDARDS FOR THE VILLAGE DISTRICT 1. General Design Standards 2. Road, Sidewalks, and Parking Standards 3. Architectural Guidelines 4. Landscaping

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1 ARTICLE I – PURPOSES Section 100. Statement of Purposes. The Planning and Zoning Commission of the Town of Weston, Connecticut, hereby adopts these Regulations in furtherance of the Town’s adopted Plan of Conservation and Development and in accordance with the purposes, authority, and requirements of Chapter 124 of the General Statutes of the State of Connecticut, as amended, more particularly described as follows: (Amended 10/18/21) 1. To guide the future growth and development of the Town in accordance with a comprehensive plan designed to promote the most beneficial and convenient relationship among the residential, commercial and public areas within the Town, considering the appropriateness of the various uses in each area, and the suitability of each area for such uses, as indicated by existing conditions and trends in development. 2. To provide adequate light, air and privacy; secure safety from fire and other dangers; and prevent overcrowding of the land and undue concentration of population. 3. To protect the character and the social and economic stability of all parts of the Town, and to ensure that all development shall be orderly and beneficial. 4. To protect and conserve the value of land throughout the Town and the value of the buildings appropriate to the various zones established by these regulations. 5. To bring about the gradual conformity of the uses of land and buildings throughout the Town to the adopted comprehensive plan of development, and to minimize conflicts among the uses of the land and buildings. 6. To promote the most beneficial relation between the uses of land and buildings and the circulation of traffic throughout the Town, having particular regard to the avoidance of congestion in the roads and the provision of safe and convenient traffic access appropriate to the various uses of land and buildings throughout the Town. 7. To aid in providing a guide for public policy and action in the efficient provision of public facilities and services, and for private enterprise in building development, investment, and other economic activity relating to uses of land and buildings throughout the Town. 8. To encourage development commensurate with the availability and capacity of public facilities and services, thereby facilitating adequate provision for transportation, water, schools, parks and other public requirements. 9. To prevent the pollution of ponds and streams; safeguard the water table and encourage the wise use and sound management of natural resources throughout

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2 the Town in order to preserve the integrity, stability and beauty of the community and the value of the land. ARTICLE II – ESTABLISHMENT OF DISTRICTS Section 200. Classes of Districts and Purposes. Inasmuch as the character and type of development throughout the Town is predominantly rural residential, supplemented by a limited amount of business and service establishments for the convenience of local residents, and based upon the rugged nature of the Town’s topography, as well as the policies expressed in the adopted Town Plan of Conservation and Development, the Town of Weston is hereby divided into the following districts: R-2A, Two Acre Residential and Farming District VD, Village District (Amended 10/18/21) Section 210. Zoning Map. The boundaries between districts are hereby established as shown on the map entitled, “Zoning Map, dated October 18, 2021” which accompanies these regulations and is on file in the office of the Town Clerk. Said map and all explanatory matter thereon are hereby adopted and made a part of these regulations. (Amended 10/18/21) Section 211. District Boundaries. District boundary lines are intended to follow roads, rights-of-way, watercourses, or lot lines, or be parallel or perpendicular thereto, unless such boundary lines are fixed by dimensions, as shown on the Zoning Map. Section 212. Parcels of Land in More than One Zone. Where a district boundary line divides a parcel of land under single ownership of record, the regulations specified herein for each district shall apply only to those portions of the parcel within such district. ARTICLE III – GENERAL REGULATIONS Section 300. Application of Regulations 301. Conformity Required. 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. 302. Existing Subdivisions. 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 re-subdivided at any time in the future, said re-subdivision plans shall conform to these Regulations.

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3 Section 303. Conflicting Standards. 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. Section 310. General Regulations. The following regulations shall apply in all zoning districts: Section 311. Buildings, Uses and Lots 311.1 Lot for Every Building: Every building hereafter erected shall be located on a lot as defined herein, and except for the Village District, there shall be no more than one principal building and its accessory structures located on any one lot. (Amended 10/18/21) 311.2 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. 311.3 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. 311.4 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 access way shall be counted as part of the required minimum lot area. Land subject to easements for above-ground 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 twenty (20%) percent of the minimum lot area requirement. (Amended 7/l/86) 311.5 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, provided such lot existed in separate ownership as of the effective date of these Regulations, or of any pertinent

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4 amendment thereof, and was so recorded on the Assessor’s Records or the Land Records of the Town; provided that the lot met the zoning requirements at the time the deed to the lot was recorded; provided that the owner of such lot did not and does not own other land contiguous thereto or directly across a road there-from 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, further provided that all setback and other requirements are complied with, in so far as possible, at the time of obtaining the zoning permit. (Amended 9/l5/85) 311.6 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 (2) 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 non- seasonal branch or tributary thereof being more than two (2) feet wide at any point within the subject lot. (See CGS Section 8.26a) (Amended 5/18/06) 311.7 Odd-Shaped Lots: A Lot may not measure less than seventy-five (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 (3) 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 Access Way otherwise in compliance with these regulations shall not be a violation of this subsection. For example, a Lot which narrows to fifty (50) feet at a given point must become a closed geometric figure within one hundred and fifty (150) feet of such point (See Illustration #1). A Lot which narrows to thirty (30) feet at a given point must become a closed geometric figure within ninety (90) feet of such point (See Illustration #2). (Amended 5/04/06)

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5 Section 312. Structures and Projections within Setback Areas and Additional Restrictions. The provisions of this section shall not be applied to the Village District unless specifically referenced in Section 322. (Amended 10/18/21) 312.1 Architectural Features. Notwithstanding the terms of Section 312.7 and 321.6, architectural features such as windowsills, belt courses, chimneys, balconies, cornices, eaves, or bay windows may project up to three (3) feet into any setback area. (Amended 10/18/21) 312.2 Terraces. Notwithstanding the terms of Sections 312.7 and 321.6, a Terrace may extend no fewer than twenty (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 Sections 312.7 and 321.6 without adjustment. (Amended 10/18/21) 312.3 Fences. The provisions of Sections 312.7 and 321.6 shall not apply to Fences. (Amended 10/18/21) 312.4 Swimming Pools and Playing Courts. All swimming pools, tennis, paddle and other such playing courts shall be deemed to be Structures and shall be subject to Sections 312.7 and 321.6 without adjustment. (Amended 10/18/21) 312.5 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 such are not used for human occupancy, provided 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/l/89) 312.6 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

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6 the two intersecting road right-of-way lines and a straight line connecting points along said right-of-way lines, which points are located fifty (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 (6) feet to the ground. (Amended 5/26/11) 312.7 [Reserved] (Deleted 5/14/15) 312.8 Exterior Lighting: All exterior spot or flood lighting, 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 the Village District, lighting shall be consistent with the Standards and Guidelines contained in Appendix A and shall be extinguished within one hour of the closing of a business use, but in no case later than 10 o’clock 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 Commission may further limit the hours of lighting. (Amended 10/18/21) 312.9 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 12/30/09) 312.10 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 fewer than fourteen (14) feet in width. Such minimum required access may be increased in the

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7 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. Section 313. Fences. The provisions of this Section 313 shall not apply to the Village District. (Amended 10/18/21) 313.1 Fence Height. No portion of any Fence 1 shall exceed six (6) feet in height. 313.2 Open Mesh Fence. Notwithstanding the provisions of Section 313.1, that portion of a Fence consisting of open mesh having a mesh size of no fewer than two (2) inches and consisting of a wire diameter of no greater than 0.120 inches (eleven gauge)2 may measure up to ten (10) feet in height (measured from the adjoining grade pursuant to Section 313.3, below). 313.3 Measurement of Fence Height. For purposes of this Section 313, 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 fewer than twenty (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 twenty (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 installed on a Fence shall be deemed part of the Fence for purposes of measurement. 313.4 Prohibited Materials. Barbed wire, razor wire, corrugated metal, orange plastic and like materials shall not be permitted. (Amended 4/16/12, Effective 4/27/12) Section 320. Only listed uses 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 Section 410, and new or changed uses shall require a certificate of zoning compliance in accordance with Section 420. Section 321. Two Acre Residential and Farming District 1 Guidance: Walls and retaining walls are included in the definition of ‘Fences’. 2 Guidance: This is standard chain link.

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8 321.1 Permitted Principal Uses: The following are permitted principal uses in the Two Acre Residential and Farming District: (a) Single Family Dwelling, not to exceed one per lot. (b) Farming, provided that no Structure used in any Farming operation shall be less than 100’ from any property line. (Amended 5/26/11) 321.2 Permitted Accessory Uses: The following are permitted accessory uses in the Two Acre Residential and Farming District: (a) Limited Home Occupation, subject to the terms and conditions of Section 343. (b) The keeping of roomers or boarders, subject to the terms and conditions of Section 344. (c) Apartment, subject to the terms and conditions of Section 345 (d) Signs, subject to the terms and conditions of Section 350. (e) Customary Accessory Uses. (Amended 5/26/11) (f) 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 Sections 367 and 368, and with any entrance/exit drive designed so as to ensure adequate sight lines and minimize traffic hazards. (Added 9/16/13, Effective 9/26/13) 321.3 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 Sections 330 and 341, and (ii) any requirements and conditions imposed in connection with such approval: (a) Place of Worship, subject to the terms and conditions of Section 341.1 (b) Fire Station, subject to the terms and conditions of Section 341.2 (c) Private School, subject to the terms and conditions of Section 341.3 (d) Club, subject to the terms and conditions of Section 341.4

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9 (e) Nursery School, subject to the terms and conditions of Section 341.5 (f) Riding Stable or Academy, subject to the terms and conditions of Section 341.6 (g) [Reserved] (Deleted 6/14/18) (h) Regulated Home Occupation, subject to the terms and conditions of Section 341.8 (i) Museum / Art Gallery, subject to the terms and conditions of Section 341.9 (j) Farmers’ Market, subject to the terms and conditions of Section 341.10 (k) Parks and Playgrounds, subject to the terms and conditions of Section 341.11 (Added 5/26/11) 321.4 Minimum Lot Area: Two Acres 321.5 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: (a) Where a lot fronts on a permanent turnaround no frontage of less than 50 feet shall be permitted. (b) 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 170 feet of road frontage. (c) Access to two lots which would otherwise be served by adjacent 25 foot wide access ways 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 30-foot common right-of-way may not be counted as acreage toward the minimum lot dimension. 321.6 Minimum Setback Requirements: No Structure shall extend less than fifty (50) feet from the Front Lot Line or thirty (30) feet from any Side or Rear Lot Line. Notwithstanding the foregoing, (i) in the case of a Flag Lot, no Structure shall extend less than thirty (30) feet from any Lot Line, and (ii) in the case of a Corner Lot, no Structure shall extend less than fifty (50) feet from any Front Lot Line or Lot Line adjacent to a Road, or thirty (30) feet from any other Lot Line. (Amended 5/26/11)

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10 321.7 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. 321.8 Maximum Building Height: No building or structure shall be permitted to exceed a height of 35 feet. (Amended 3/l/92) Section 322. Village District (Amended 10/18/21) Preamble. The Village District (VD) as shown on the Zoning Map is hereby declared to be a “village district,” as authorized under Section 8-2j of the Connecticut General Statutes. The Village District is intended to 1) increase the area available for commercial development and activity, 2) expand housing choices for residents of Weston, and 3) increase connectivity and pedestrian access, in a manner prescribed herein and subject to architectural review, as referred to in Section 322.6, prior to approval of such development and activity by the Commission. In applying these Regulations, the Commission shall consider the design, relationship, and compatibility of building, structures, and site improvements and other objects within the public view including, but not limited to pedestrian and vehicular circulation systems including roads, driveways, and sidewalks; landscaping and plantings, buffers, and fencing; exterior signs; lighting, street furniture, public art and other site furnishings. Within the Village District, there is Village Subdistrict-R (VD-R) as shown on the Zoning Map, within which the Commission may approve a development that is exclusively devoted to residential uses. If, and to the extent that, the provisions of this Section 322 conflict with any other provisions of these Regulations, the provisions of this Section 322 shall govern. 322.1 Special Permit Required. All uses within the Village District shall be subject to the approval of a special permit and, where applicable, approval of a site plan meeting the submission requirements referred to in Section 322.7. 322.2 Permitted Uses within the Village District. The following uses are permitted in the Village District. (a) Principal Uses. The following principal uses may be permitted in the Village District: (i) Retail stores (ii) Grocery Store (iii) Pharmacies

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14 (i) Residential use in mixed-use buildings referred to in Section 322.2(a) (ix) subject to the requirements of Section 322.2. (ii) Residential dwellings in the VD-R subdistrict as shown on the Zoning Map. (b) Permitted Accessory Uses Applicable to Residential Dwellings in the VD-R Subdistrict (i) Parking space for motor vehicles in accordance with Section 363 through 369. (ii) Signs, in accordance with the requirements of Section 350. (iii) Exterior lighting, in accordance with the requirements of Section 312.8. (iv) Customary accessory uses. (c) Area, Setback, Height, and Coverage in the VD-R Subdistrict. Requirement Minimum lot area 1 acre Minimum width of lot 200 feet Minimum depth of lot 200 feet Minimum road frontage 200 feet Minimum Setback, front lot 20 feet Minimum setback, side lot 30 feet Minimum setback, rear lot 30 feet Minimum setback for off-street parking and loading areas when: (a) adjoining a residence district 50 feet

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11 (iv) Personal service establishments, including health or fitness clubs, barber shops, beauty and nail salons, and retail dry cleaners without cleaning facilities on premises. (v) Restaurant or café (vi) Food service establishments including bakery, delicatessen, ice cream parlor, coffee shop, and similar serving establishments (vii) Microbrewery (viii) Sale of food or merchandise from a truck or trailer on a seasonal or temporary basis (ix) Banks and professional offices including offices for doctors, dentists, architects, landscape architects, engineers, attorneys, psychologists, licensed massage therapists, realtors, accountants, veterinarians, and such other similar profession licensed by the State of Connecticut as the Commission may approve. (x) Craft businesses including studios and/or galleries of artist or craftsmen including furniture, cabinetry, sculpture, crafts, and similar ventures. (xi) One automotive service station, as defined in Section 610, and electric vehicle charging stations, provided that any such service or charging station is located in a place so as not interfering with the normal operation of the balance of the Village District or the movement of pedestrian and vehicular traffic circulation. (xii) Bed and breakfast establishments provided that they are located in buildings existing on the effective date of this regulation. (xiii) Mixed-use building that includes residential and non- residential uses within the same building, provided that no dwelling unit in a mixed-use building shall be located at or below the street level or contain more than two bedrooms. (xiv) Housing that is purely residential in nature, subject to the provisions of Section 322.3. (xv) Other uses, including civic, cultural, and non-profit uses, which the Commission finds are similar to one or more of the uses permitted in this Section 322.2(a).

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12 (b) Accessory Uses. Except for Residential Housing described in Section 322.2(a) (xiv), the following accessory uses may be permitted in the Village District. (i) Parking shall be limited to the rear of buildings, although the Commission may permit parking to the side of buildings consistent with maintaining the character of the Village District. Parking and loading space for motor vehicles shall be in accordance with the requirements of Sections 363 through 369, except those existing commercial structures and uses in the Village District as of October 18, 2021 shall continue to be subject to Section 362. (ii) Charging stations for electric vehicles (iii) Business signs, in accordance with the requirements of Section 350. (iv) Exterior lighting, in accordance with the requirements of Section 312.8. (v) Outdoor seating associated with restaurants, cafes or food service establishments described in Section 322.2 (a) (v) or (vi). (vi) Reasonable outdoor displays of goods for sale during regular business hours. (vii) Outside refuse and recycling when such use is directly related to the business(es) it serves and is completely screened from view from the street and adjacent properties. (viii) Any other use clearly and customarily incident to a permitted principal use. (c) Limitation on Uses. The following limitations apply to all uses in the Village District: (i) To the extent that a building is used for non-residential purposes, the portion devoted to that use shall not exceed 11,000 square feet. Calculation of square footage shall not include attics, basements or cellars. (ii) In general, unless the Commission determines that such storage is appropriate, is not in conflict with its design guidelines and is incidental to the primary use of the premises, there shall be no exterior storage of articles for

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13 sale, or of other materials or equipment, except for a small amount of materials and equipment placed at the gasoline pump or charging stations, and solely for convenience in serving customers. d) Area, Setback, Height, and Coverage. The following area, setback, height, and coverage shall apply to all uses in the Village District. Requirement Minimum lot area 1 acre Minimum width of lot 200 feet Minimum depth of lot 200 feet Minimum road frontage 200 feet Setback, front lot Not less than 10 feet and no more than 20 feet Minimum setback, side lot None, except 30 feet when abutting a VD-R or R-2A District Minimum setback, rear lot 30 feet Minimum setback for off-street parking and loading areas when: (a) adjoining a residence district 50 feet (b) adjoining a street 10 feet but not closer than façade of the adjacent building(s) Maximum building height 35 feet. Section 312.5 shall apply to projecting features above the roof level. Maximum lot coverage by buildings and structures 30% of lot area Maximum impervious lot coverage 75% of lot area 322.3 Residential Uses within the Village District. The following residential uses may be permitted in the Village District (a) Principal Residential Uses

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15 (b) adjoining a street 20 feet Maximum building height 35 feet. Section 312.5 shall apply to projecting features above the roof level. Maximum lot coverage by buildings and structures 30% of lot area Maximum impervious lot coverage 75% of lot area (a) In instances where a lot in the VD-R subdistrict does not meet the lot area, width, depth, or frontage requirement set forth above, the Commission may permit a reduction of those requirements when the proposed development of the lot is part of a plan for a larger parcel in the Village District where the lot area, width and frontage requirements have been met. (ii) Dwelling units in the VD-R subdistrict shall not contain more than two (2) bedrooms nor exceed 1,200 square feet of floor area in size. 322.4 Requirement for Affordability. Notwithstanding any other provisions of Section 322, where five or more residential dwelling units are proposed under this Section 322, a minimum of 15% of such the units (rounded up to the nearest whole number of units) shall be affordable and meet the eligibility requirements of Section 8-30g of the Connecticut General Statutes. 322.5 Prohibited Uses: In addition to any uses that may otherwise be prohibited in of these Regulations, the following uses are specifically prohibited in the Village District. (i) Drive-thru access for any use (ii) Car wash (iii) Laundromat (iv) Sale of firearms, ammunition, or related accessories

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16 (v) Tattoo parlor (vi) Funeral home (vii) Movie theaters (viii) Sale of adult reading material, videos, performances, services, or novelties (ix) Cannabis establishments (x) Motor vehicle sales or rentals (xi) Autobody shops (xii) Short-term vacation rentals by owner (e.g., Airbnb) 322.6 Site and Building Design Standards and Guidelines. All development in the Village District shall be subject to policies set forth in Appendix A of these Regulations. Such development shall be subject to review and recommendations to the Commission in accordance with Section 8-2j(d) of the Connecticut General Statutes. 322.7 Special Permit and Site Plan Requirements. An application for a special permit for all development in the Village District shall be subject to the submission policies adopted by the Commission, which policies may be revised, from time to time by the Commission, as it determines in its sole discretion. 322.8 Review by Consultant(s). Any person applying to the Commission for approval of an application relating to the Village District shall pay the cost of reasonable fees associated with any necessary review by consultants with expertise in land use of any particular technical aspect of such application including, but not limited to, architecture, engineering, traffic, stormwater management, sewage disposal, water supply, and similar systems, for the benefit of the Commission. Any such fees shall be accounted for separately from other funds of the Commission and shall be used only for expenses associated with the technical review by consultants who are not salaried employees of the Town. Any amount of the fee remaining after payment of all expenses for such technical review, including any interest accrued, shall be returned to the applicant not later than forty-five (45) days after the completion of the technical review.

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17 Section 330. Special Permit Approval 331. Uses deemed to be permitted uses. Those uses identified in these Regulations as requiring special permits shall be deemed to be permitted uses, subject to the satisfaction of the requirements and standards set forth in this section, in addition to all other requirements of these Regulations. All such uses are declared to possess characteristics of such unique and distinct form that each specific use shall be considered as an individual case. 332. Application for a Special Permit. Application for a required special permit shall be made to the Planning & Zoning Commission. Said application shall be accompanied by four (4) black & white prints of the proposed plan as required by Section 333, and stamped envelopes with no return address, addressed to each of the owners of property within 250 feet of any portion of the lot on which the proposed special permit is located; such owners to be as shown in the latest real estate lists of the Town of Weston (or the actual owners of record if otherwise known to the applicant). Each such application shall be submitted to the Planning & Zoning Commission which shall hold a Public Hearing thereon and render a decision in accordance with Sec. 8-26d and Sec. 8-26e of the State Statutes. The Planning & Zoning Commission may approve the application and issue a special permit provided it finds that all of the following conditions and standards have been met. (Amended 2/1/84; 10/30/86) 332.1 The proposed use will serve a community need or convenience. 332.2 The location and size of the use, the nature and intensity of the operations involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, are such that it will be in harmony with the appropriate and orderly development of the district in which it is located. 332.3 The location, nature and height of building structures, walls and fences and the nature and extent of landscaping, screen plantings and exterior illumination on the site, are such that the use will not hinder or discourage the appropriate use and development of adjacent land and buildings, or impair the value thereof. 332.4 Operations in connection with any such special permit use will not be more objectionable to nearby properties by reason of noise, fumes, vibration, or other characteristics, than would be the operation of any permitted use not requiring a special permit. 332.5 Parking areas will be of adequate size for the particular use, and shall be properly located and suitably screened with evergreen planting, walls or fences, or combination thereof, as determined necessary by the Planning &

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18 Zoning Commission, and the entrance and exit drives shall be designed so as to minimize traffic hazards. (Amended 2/1/84) 332.6 In those cases where it is proposed to convert a building or structure originally built and designed for other purposes, the Planning & Zoning Commission shall determine whether or not such building is adaptable to the proposed use from the point of view of public health and safety, and if it meets the other requirements of these Regulations. (Amended 2/1/84) 333. Required Plan. A plan for the proposed development of a lot within the Village District shall conform with the submission requirements adopted by the Commission and shall be submitted with the special permit application. In all other cases requiring a special permit, a plan for the proposed development of a lot for a special permit use shall be submitted with the special permit application. In the latter case, the plan shall show the location of all buildings, uses, parking areas, traffic access and circulation drives, open spaces, landscaping, topography (including regraded contours), signs, exterior lighting, special features, and any other pertinent information, including information about neighboring properties, deemed necessary by the Planning & Zoning Commission, to determine and provide for the proper enforcement of these Regulations. (Amended 10/18/21) 334. Conditions. The Planning & Zoning Commission shall attach such conditions to any approved use as are, in its opinion, necessary to assure initial and continued conformance to all applicable standards and requirements and in accordance with law. (Amended 2/1/84) 335. Action Following Approval. Within fifteen (l5) days of the approval of a special permit use, the Planning & Zoning Commission shall file with the Building Inspector and Zoning Enforcement Officer one print of the approved plans, with the approval noted thereon, and a copy of the Commission’s resolution, including a list of any conditions pertaining to the approval. One print of said plan and the resolution shall be made available to the applicant. (Amended 2/1/84) 336. Expiration of Special Permit. A special permit shall be deemed to authorize only the particular use or uses specified in the permit. A special permit shall expire if (i) said use or uses cease for more than one year for any reason other than fire or other casualty or is changed to another use, OR (ii) all required improvements are not completed as of the date which is five years following the date of issuance of the special permit, or such shorter or longer period as determined by the Commission and set forth in the conditions of approval. The Commission may extend any expiration date upon application by the permittee. (Amended 10/1/09) 337. Reserved (Deleted 10/18/21) Section 340. Reserved (Deleted 5/26/11)

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19 Section 341. Additional Special Permit Standards and Requirements. (Amended 5/26/11) The following additional standards and requirements shall apply to the issuance of Special Permits, provided that the provisions of this Section 341 shall not apply to the Village District. (Amended 10/18/21) 341.1 Place of Worship. (Amended 5/26/11) 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 (3) 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 & 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 principle 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 frontline and 50 feet from the side lines and back lot line. Minimum required parking space shall be as provided in Section 363. (Amended 6-3-13) 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. (Amended 2/1/84) 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 ½ 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.

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20 F. Established Houses of Worship: Not withstanding 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 to 100 feet from the front lot line and 30 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 7/26/07) 341.2 Fire Station. (Amended 5/26/11) 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 (3) 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 l70 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 facilities and structures shall be 100 feet from the front line, side-lines, and back lot line. Minimum setback of land use shall be 50 feet from the frontline, 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. Minimum required parking space shall be as provided in Section 363. (Amended 6-3-13) 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

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21 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. F. Exception. This Section 341.2 shall not apply to Fire Stations wholly owned by the Town of Weston. 34l.3 Private School. (Amended 5/26/11) 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 (2) acres and only in locations fronting on, or having direct and convenient access to a major or collector road as determined by the Planning & 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 frontline, sidelines and back lot line. Minimum parking set back shall be 100 feet from the frontline and 100 feet from the side lines and back lot line. Minimum required parking space shall be as provided in Section 363. (Amended 6/3/13) 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 (8) students per acre. Maximum building height shall be 35 feet, 2 ½ 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

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22 two acres shall be required for the dwelling and the dwelling and lot must meet all requirements of the zoning regulations. 341.4 Club. (Amended 5/26/11) 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 (3) 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 Section 363. (Amended 6-3-13) 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. (Amended 2/1/84) 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 additional two acres shall be required for the dwelling and all requirements for the dwelling and lot shall meet the zoning regulations. 341.5 Nursery School. (Amended 5/26/11) The Commission may issue a Special Permit for the operation of a Nursery School on the following terms and conditions:

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23 A. Location: All such uses shall be permitted only on a minimum lot area of two (2) 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 by 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 side lines and back lot line. Minimum required parking space shall be as provided in Section 363. (Amended 6-3-13) 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. (Amended 2/1/84) E. Additional Requirements: Maximum intensity of use and/or membership limit shall be eight (8) students per acre. Maximum building height shall be 35 feet, 2 ½ 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 non-dwelling, requirements set forth by the State Health Department shall be met. (Amended 8/l8/04) 341.6 Riding Stable or Academy. The Commission may issue a Special Permit for the operation of a Riding Stable or Academy on the following terms and conditions (Amended 5/26/11): A. Location: All such uses shall be permitted only on a minimum lot area of five (5) acres and only in locations fronting on, or having direct and convenient access to a major or collector road as determined by the

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24 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 side lines and back lot line. Minimum required parking space shall be as by Special Permit for the event but with a minimum of two (2) 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 run-off, 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. (Amended 2/1/84) 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 fifteen 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

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25 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. 341.7 [Reserved] (Deleted 6/14/18) 341.8 Regulated Home Occupation. (Added 5/26/11) The Commission may issue a Special Permit for the operation of a Regulated Home Occupation on the following terms and conditions: 341.8.1 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. 341.8.2 Such accessory use shall not exceed l500 square feet or one half the total floor area of the principal dwelling, whichever is less (Amended 7/l6/01). No permanent dedication of the residential structure to non-residential 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. (Amended l0/15/01) 341.8.3 There shall be no storage of materials or other evidence of the accessory use outside the residence, except for one sign, as permitted under Section 350.2. (a) 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 Section 368 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. (b) 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. (c) Only one (1) 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

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26 otherwise screened and hidden from view of the road(s) and adjoining properties when not in use. 341.8.4 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. 341.8.5 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. 341.8.6 When instruction is offered in the home where there are to be more than four (4) students on the premises at any one time, a special permit shall be required. 341.9 Museum / Art Gallery. (Added 5/26/11) The Commission may issue a Special Permit for the operation of a Museum / Art Gallery on the following terms and conditions: 341.9.1 Location: All such uses shall be permitted only on a minimum lot area of three (3) 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 & Zoning Commission and shown on the Town Plan of Development map. 341.9.2 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. 341.9.3 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 frontline and 50 feet from the side lines and back lot line. Minimum required parking space shall be as provided in Section 363. (Amended 6-3-13) 341.9.4 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. (Amended 2/1/84)

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27 341.9.5 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 ½ 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. 341.10 Farmer’s Market. (Added 5/26/11) The Commission may issue a Special Permit for the operation of a Farmer’s Market on the following terms and conditions: 341.10.1 A Farmers’ Market shall not be permitted to operate on any lot containing a Single Family Dwelling. 341.10.2 A Special Permit issued for a Farmers’ Market shall expire twelve (12) months from the date of issuance, provided the Commission may, in its discretion, establish an alternate period of no less than four (4) months and no more than forty-eight (48) months. 341.10.3 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. 341.11 Parks and Playgrounds. (Added 5/26/11) The Commission may issue a Special Permit for the operation of Parks and Playgrounds on the following terms and conditions: 341.11.1 Parks and Playgrounds shall not be permitted to operate on any lot containing a Single Family Dwelling. 341.11.2 No Building may be constructed within a Park or Playground. 341.11.3 Structure coverage shall not exceed twenty percent (20%) of the site area in the aggregate. Structure, parking, driveway and impermeable surface coverage shall not exceed thirty percent (30%) of the site area in the aggregate. 341.11.4 Minimum setback of all Structures, equipment, parking areas and any paved or impermeable surface other than driveways shall be fifty feet from the front, side and rear lot lines.

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28 341.11.5 The Commission may, in its discretion, require installation and maintenance of fencing and/or planting and maintenance of a buffer area of up to fifty feet in depth. 341.11.6 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 another use. 341.11.7 This Section 341.11 shall not apply to Parks and Playgrounds wholly owned by the Town of Weston. 342. [Reserved] (Deleted 5/26/11) 343. Limited Home Occupation. A Limited Home Occupation shall be permitted as an accessory use to the extent such use complies with the following terms and conditions provided that the provisions of this Section 343 shall not apply to the Village District. (Amended 10/18/21) 343.1 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. 343.2 [Reserved] 343.3 [Reserved] 343.4 Such accessory use shall not exceed l500 square feet or one half the total floor area of the principal dwelling, whichever is less (Amended 7/l6/01). No permanent dedication of the residential structure to non-residential 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. (Amended l0/15/01) 343.5 There shall be no storage of materials or other evidence of the accessory use outside the residence, except for one sign, as permitted under Section 350.2. (a) 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 Section 368 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

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29 avoid any sanitation or drainage problems, and with entrance and exit drives designed so as to minimize traffic hazards. (b) 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. (c) Only one (1) 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. 343.6 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. 343.7 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. 343.8 When instruction is offered in the home where there are to be more than four (4) students on the premises at any one time, a special permit shall be required. 343.9 [Reserved] 344. Keeping of Roomers or Boarders. The keeping of roomers or boarders shall be permitted subject to the following conditions provided, however, that the provisions of this Section 344 shall not apply to the Village District. (Amended 10/18/21) 344.1. No more than three (3) roomers or boarders may be accommodated on any lot. 344.2 The leasing of rooms and taking of boarders may be conducted only by owner occupants. 344.3 Roomers and boarders must be accommodated within the principal dwelling and shall not be provided with separate cooking facilities. 344.4 Nothing in this section shall be construed to permit tourist cabins, trailer camps, apartments, hotels, inns, taverns or roadhouses. 345. Apartments. Except for uses in the Village District, one apartment is allowed within a dwelling if the following conditions are met: (Amended 10/18/21)

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30 345.1 The apartment is located in a dwelling on a lot of two acres or more, or on a pre-existing non-conforming building lot 345.2 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. 345.3 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. 345.4 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. (Amended 7/1/89) 345.5 The owner (someone who owns not less than one-quarter (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. 345.6 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. 345.7 There shall be no more than one apartment in any Dwelling. 346. [Reserved] (Deleted 5/26/11) 347. [Reserved] (Deleted 5/26/11) Section 348. Disturbance of Soil 348.1 Soil Disturbance Permit. The deposit, re-grading, excavation and removal of Soil shall be prohibited unless a permit has been issued for such activity pursuant to this Section 348. Zoning permits and special permits issued pursuant to any other section of these Regulations shall not be deemed to satisfy the provisions of this Section.

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31 348.2 Permit Prerequisites. No permit shall be issued hereunder unless the following requirements have been met3: 348.2.1 Survey. Submission of a survey in conformity with Section 401. Such survey shall include (i) existing vertical relief with the source of information (e.g. ground survey or aerial map), contour interval, datum, and originating benchmark identified, (ii) proposed vertical relief, (iii) proposed temporary and permanent sedimentation, run-off and erosion control measures and Soil storage areas, and (iv) location of wetland areas. 348.2.2 Zero Incremental Runoff Certification. Submission of a certification referencing the survey required pursuant to Section 348.2.1 and certifying that the activity shall not (i) increase the volume or speed of storm water discharge, (ii) materially change the direction of runoff, or (iii) increase the natural or pre-existing rate of Soil erosion on the site, each under conditions of the fifty year design storm. The certification shall be made by an engineer licensed by the State of Connecticut on a form prepared by the Commission. Calculations shall conform to standard criteria contained in the Connecticut Department of Transportation Drainage Manual for hydrological and hydraulic analysis and the Connecticut Department of Energy and Environmental Protection Stormwater Quality Manual. 348.2.3 Soil Certifications. Submission of a certification by the owner of the affected property or the Soil vendor (i) of the origin of any introduced Soil, and (ii) that any introduced Soil shall be free of any hazardous or polluting substances including, without limitation, any oil or petroleum products or any chemical liquids or solids. The Commission or its agent may, in its discretion, require submission of further certifications or soil testing results with respect to any Soil. 348.3 Certificate of Compliance Prerequisites. No certificate of compliance shall be issued with respect to activity permitted hereunder prior to (i) delivery of a certification made by an engineer licensed by the State of Connecticut on a form prepared by the Commission certifying that the permitted activity has been completed in accordance with the survey submitted pursuant to 348.2.1, and (ii) permanent stabilization of the 3 Guidance: Additional permits may be required pursuant to, inter alia, (i) The Ordinance Concerning the Regulation of Inland Wetlands Watercourses in the Town of Weston, (ii) The Floodplain Management Regulations, and (iii) The Aquifer Protection Area Regulations.

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32 disturbed area and removal of all temporary sedimentation, run-off and erosion control measures. 348.4 Exemptions. The provisions of this Section 348 shall not apply with respect to (i) re-grading or removal of Soil where such activity disturbs less than 2,500 square feet of surface area in the aggregate in any twelve (12) month period, (ii) the deposit of less than twenty-five (25) cubic yards of Soil in the aggregate deposited in any twelve (12) month period, or (iii) aggregate deposited exclusively for use on a driveway, path or terrace in connection with a residential use. 348.5 Sedimentation, Run-off and Erosion Control Measures. The Commission or its agent may require implementation of such additional sedimentation, run-off and erosion control measures as it deems necessary or desirable as a condition of issuance of any permit including, without limitation, phased construction and maintenance of areas of non- disturbance. 348.6 Debris and Hazardous Material. Stumps excavated from a property may be buried on such property only in those locations shown on the survey submitted pursuant to 348.2.1. No debris (including Soil) may be deposited for purposes of storage (i) in excess of sixty (60) days, or (ii) less than fifty (50) feet from any property line. No hazardous or polluting substance may be buried. 348.7 Performance Bond. The Commission or its agent may, in its discretion, require the submission of a performance bond as a prerequisite for issuance of any permit hereunder to secure performance and completion of any activity undertaken in connection with the permit. In the event a cease and desist order or order or removal is issued, the bond may be utilized to stabilize the property, install sedimentation, run-off and erosion control measures, or remove any Soil deposited in violation of this Section. Upon issuance of a certificate of compliance, any remaining balance shall be released. 348.8 Mechanical Processing of Soil Prohibited. Mechanical processing of excavated Soil (including, but not limited to, splitting, sifting, crushing or hammering) is prohibited. Section 350. Signs. (Amended 9/23/11) No exterior Sign or Sign visible from the exterior of a Structure shall be installed, erected or placed except as follows: 350.1 Residential Signs. The installation of Signs on residential parcels shall be permitted only as follows:

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33 350.1.1 Street Address Signs. The installation of up to two (2) Signs each not to exceed two (2) square feet in area and bearing only the street address and/or the name of the resident shall be permitted. 350.1.2 Home Occupation Signs. The installation of one (1) Sign bearing only the name of the home occupation conducted therein and/or the nature of such occupation shall be permitted. Such Sign shall consist of a support post and crossbeam and a single primary placard measuring no more than two (2) square feet in area. 350.2 Village District Signs. The installation of Signs within the Village District shall be consistent with the Design Standards and Guidelines set forth in Appendix A and shall be permitted only as follows: (Amended 10/18/21) 350.2.1 Directional Signs. Signs for the direction of vehicular traffic may be installed as may be determined to be necessary by the Commission in its discretion. 350.2.2 Business Signs. The installation of one (1) Sign bearing only the name of such business may be installed on the front façade of the area occupied by each business operating within the Village District. No Sign may be affixed to any surface other than a vertical wall and no portion of such Sign shall extend above the wall on which it is affixed. Liquor license permittee designation or other Signs necessary in connection with a valid liquor permit shall be permitted provided such Signs are no larger than is statutorily required. 350.2.3 Village District Sign. One (1) Sign bearing only the name of the Village District may be installed as determined by the Commission in its discretion. (Amended 10/18/21) 350.3 Special Permit Signs. The installation of Signs on parcels subject to a Special Permit shall be permitted only as may be approved by the Commission in its discretion. In no event shall any Sign exceed twelve (12) square feet in area. 350.4 ‘For Sale or Lease’ Signs. Notwithstanding the provisions of Sections 350.1, 350.2 and 350.3, one (1) Sign advertising the sale or lease of real property shall be permitted on such real property. Such Sign shall consist of a support post and crossbeam and a single primary placard measuring no more than four (4) square feet. Notwithstanding the foregoing, up to two (2) ancillary placards may hang from, or otherwise be affixed to the primary placard or support, provided such ancillary placards shall measure no more than an aggregate of two (2) square feet. Each Sign shall be removed no later than the consummation of the particular sale or lease transaction for which it was installed. 350.5 Temporary Signs. Notwithstanding the provisions of Sections 350.1, 350.2 and 350.3, the installation of Temporary Signs shall be permitted as follows:

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34 350.5.1 Temporary Political Signs. The installation of Temporary Signs erected solely for political purposes shall be permitted. 350.5.2 Tag Sale Signs. The installation of Temporary Signs solely advertising a tag sale and duly licensed pursuant to §11-20 of the Weston Town Ordinances shall be permitted. However, Tag Sale Signs shall not be permitted in the Village District. (Amended 10/18/21) 350.6 General Prohibition; Off-site Signage. Except as set forth in Section 350.5.1 above, Signs advertising any business, service, transaction or event which is not exclusively or principally conducted or operated by the owner of the land on which such Sign is located are expressly prohibited. 350.7 General Restrictions. All Signs shall conform to the following provisions: (a) No Sign shall be internally illuminated. (b) No Sign shall consist of, or include any digital or electronic text or display. (c) No Sign shall be illuminated by means of any colored, flashing, or intermittent light, or include any reflective material. (d) No Sign shall be illuminated by means of any string or tube lighting or by means of neon or any other gas. (e) No Sign, or any portion thereof, shall rotate, flutter, or otherwise generate or allow movement. (f) No Sign may project into a Public Way or interfere with visibility at an intersection. (g) No Sign on a residential parcel shall be installed higher than six (6) feet from the adjoining finished grade. (h) All surfaces, frames and visible supports of Signs, other than Temporary Signs, shall be manufactured exclusively of wood. 350.8 Signs on Public Land. Signs installed, erected or placed on Public Land shall not be subject to this Section 350. 351. [Reserved] (Deleted 9/23/11) Section 360. Off-Street Parking And Loading 361. Intent and Purpose. It is the intention of these Regulations that all structures and land uses shall be provided with a sufficient amount of off-street vehicular parking and loading space to meet the needs of persons making use of such structures or land uses, but in no case less than the minimum standards specified in Section 363 of these Regulations. 362. Existing Structures and Uses. Structures and land uses in existence, or for which building permits have been issued prior to the adoption of these Regulations, shall

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35 not be subject to any additional parking or loading space requirements of these Regulations provided that any parking or loading facilities then existing to serve such structures or uses shall not in the future be reduced, except where they exceed such requirements, in which case they shall not be reduced below such requirements. Required parking and loading facilities for the existing portion of such structures or uses shall, however, be provided at the time of any enlargement of such existing structures or uses in the future. 363. Schedule of Off-Street Parking Space Requirements. Off-street parking space shall be provided as follows, except that the Commission, in approving the issuance of a special permit, may require additional off-street parking where said Commission determines that such is necessary in accordance with the purposes set forth in Section 361 above: (Amended 5/26/11, Amended 6/3/13, Amended 10/18/21)

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36 Use Required Off-Street Parking Spaces Residential Dwellings in the Village District (b-d) Maximum of 1 space in the case of one bedroom; 2 spaces in the case of two or more bedrooms (Reserved) e. Place of Worship 1 per each 5 seats or pew spaces. f. Club 1 per member, or in case of family memberships 1 per family, except that where the maximum capacity of the use served is not adequate to accommodate all members at the same time, the Commission may permit an appropriate reduction of the parking requirement. g. [Reserved] h. Private School, Nursery School, Day Camp 1 per each teacher and staff member, plus 1 per each 6 pupils or campers. i. Museum / Art Gallery 1 per employee, plus 1 per each 400 square feet of floor area. j. Retail & personal service establishments, businesses and professional offices Minimum of 1 per each 125 square feet of ground floor area, (but 1 per each 250 square feet in Village District) and 1 per each 250 square feet of other floor area, not including basement area devoted to utilities and storage, and not open to the public k. Restaurants Minimum of 1 per each 75 square feet of floor area l. Automotive service stations at least 10 spaces per station m. Other uses Off-street parking requirements for uses that do not fall within the categories listed above shall be determined by the Planning & Zoning Commission.

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37 Where two or more different uses occur on a single lot, the total amount of parking facilities required shall be the sum of the requirements for each individual use on the lot, except that the Commission, in approving a special permit application, may approve a plan with a lesser amount of total parking, provided said Commission finds that the capacity to be provided will substantially meet the intent of the requirements of these Regulations by reason of variation in the probable time of maximum capacity of each such use, or for other similar reason (Amended 2/1/84, Amended 6/3/13) 364. Off-Street Loading Space Requirements. In the case of all lots used in whole or in part for commercial purposes within the Village District, off-street loading space shall be required for each 5,000 square feet, or major fraction thereof, of ground floor area. In the case of special permit uses, off-street loading requirements shall be as determined necessary by the Commission in accordance with the purposes set forth in Section 361 above. (Amended 10/18/21) 365. Location of Off-Street Parking and Loading Facilities. The off-street parking and loading facilities as required by these Regulations shall be provided on the same lot or premises with the structure or land use served, except that off-street parking spaces required for structures or land uses on two adjoining lots may be provided in a single common facility on one or both of said lots if approved by the Commission. In general, the intent of these Regulations is to encourage shared parking in adjoining lots within the Village District, in the event that such lots are used in whole or in part for commercial purposes. Where said Commission approves the location of required off-street parking spaces on a different lot than that occupied by the use served, the Commission shall require, as a condition of its approval, a legal instrument satisfactory to assure the continued use of said parking spaces in connection with the land uses and structures served. (Amended 10/18/21) 366. Parking and Loading Specifications. All off-street parking and loading spaces shall comply with the following standards and requirements: 366.1 The area required for the parking of one motor vehicle shall have a width of at least nine feet (9) and a depth of twenty (20) feet if unenclosed, and a width of at least ten (10) feet and a depth of at least twenty (20) feet if bordered by walls or columns on two or more sides, exclusive of passageways and driveways appurtenant thereto and giving access thereto, and having direct usable access to a road, but not requiring the backing of a vehicle into the road right-of-way. Aisles between rows of parking spaces shall be at least twenty-five (25) feet wide, except where the Commission approves a lesser distance as adequate for areas with angled parking spaces. (Amended 2/1/84)

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38 366.2 Each off-street loading space shall have a width of at least twelve (12) feet and a length of at least (30) feet, with a height clearance of not less than fourteen (14) feet. 366.3 Access drives serving any off-street parking or loading area shall be designed so as to provide for safe and efficient vehicular and pedestrian circulation both on the subject premise and in relation to the adjoining road system. 366.4 In all off-street parking areas containing twenty (20) or more parking spaces, at least one tree shall be provided within such parking area for each ten (10) parking spaces. Such trees shall be distributed throughout the entire parking area and shall be so arranged and located as to define the areas of major traffic flow and not in any way impede or interfere with such flow. 367. Improvement and Maintenance of Off-Street Parking and Loading Areas Required off-street parking facilities may be enclosed in a structure or may be open, provided that all such facilities serving non-residential uses shall be graded, surfaced, drained and suitably maintained to the satisfaction of the Commission, to the extent necessary to avoid nuisances of dust, erosion, or excessive water flow across public ways or adjacent lands. Non-residential parking facilities containing ten or more spaces shall be provided with suitable markings to indicate each such individual space, and where required by the Commission, markings to indicate direction of traffic flow, entrances, exits, etc. Except for one-family dwellings, suitable landscaping and screening shall be provided between parking areas and adjoining residential properties. Required off street parking and loading facilities shall be maintained as long as the use or structure exists which the facilities are designed to serve. 368. Parking Plan Where a parking plan is required by these Regulations, it shall be submitted to the Planning and Zoning Commission for its approval, and shall consist of a plot plan drawn to scale and showing all of the following information: 368.1 The location and dimensions of the proposed parking area, the location of any buildings or other facilities served by this area, the location of a property lines within fifty (50) feet of the area, and the location of the road or roads from which access is to be obtained. 368.2 Contour data and/or spot elevations in sufficient detail to enable the Commission to readily determine the existing and proposed grading of the parking area. 368.3 Indication on the plan of the type of surfacing proposed, the method of providing for storm drainage, and any other improvements, including landscaping, which may be required or appropriate. The Commission shall act to approve or disapprove such a plan within sixty (60) days of the

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39 date it is received, and failure to act within such time limit shall constitute approval of the plan. 369. Shared Parking. Two (2) or more structures or uses in the Village District may share the use of the same off-street parking spaces to meet the requirements of Section 363, where the normal peak hours of operation for the buildings or uses are staggered in such a manner that the joint use of the same parking spaces is feasible, and where the total quantity of spaces provided is at least equal to the total of the projected parking demand for the structures or uses in operation at any given time. Shared parking shall only be permitted where the following requirements have been satisfied: (a) Shared Parking Study. The applicant shall prepare and submit to the Planning and Zoning Commission, for review and approval, a shared parking study that includes the following information: (i) A site plan showing all parking spaces, building square footage and tenant spaces within the complex(es) or area(s) participating. (ii) Evidence justifying that the peak hour parking demand from all building(s), use(s) and tenant(s) does not create conflicting or simultaneous demand for the shared spaces. Conflict will be evident where hours of operation for tenants, buildings, and/or uses coincide. At a minimum, the following evidence shall be provided to support the justification: a. Weekday Monday to Friday estimated peak generation trip counts (separate a.m. and p.m. counts) b. Weekend peak generation trip counts c. A comparison to show that the parking demand does not exceed the amount of parking available (iii) A joint use parking matrix with the following information: a. Project building(s) and tenant address(es) b. Gross square footage of all buildings and tenant spaces c. The name, type of each use(s), and the days and hours of operation for each occupant (Added 10/18/21) Section 370. Non-Conforming Uses and Structures 371. Continuing Existing Non-Conforming Uses. Any lawful use of a building or of land existing on the effective date of these Regulations may be continued, even though such use does not conform with the use provisions of these Regulations. Such uses shall be deemed non-conforming uses.

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40 372. Non-Conforming Use of Land. Where no building is involved, the non- conforming use of land may be continued, provided, however, that: 372.l Such non-conforming use shall not be enlarged or increased, nor shall it be extended to occupy a greater area of land than that occupied by such use at the time of the adoption of these Regulations. 372.2 Such non-conforming use shall not be moved in whole or in part to any other portion of the lot or parcel of land occupied by such non-conforming use at the time of the adoption of these Regulations. 372.3 If such non-conforming use of land, or any portion thereof, is intentionally abandoned or is changed to a conforming use, any future use of such land shall be in conformity with all requirements of these Regulations. (Amended 4/10/08) 373. Non-Conforming Use of Buildings 373.1 A building or structure, the use of which does not conform to the use regulations for the district in which it is situated, shall not be enlarged or extended unless the use therein is changed to a conforming use. 373.2 Such non-conforming building or structure shall not be structurally altered or reconstructed unless such alterations are required by law, provided, however, that such maintenance and repair work as is required to keep a non-conforming building or structure in safe condition shall be permitted. 373.3 A non-conforming use may be extended throughout any parts of the building or structure which were manifestly arranged or designed for such use at the time of the adoption of these Regulations, notwithstanding the restriction of 373.1 above, provided such extension is made within one (1) year of the effective date of these Regulations. 373.4 A non-conforming use of a building or structure may be changed only to a conforming use. 373.5 If any non-conforming use of the building or structure is intentionally abandoned or is changed to a conforming use, or if a structure in which such use is conducted or maintained is moved for any distance whatsoever, for any reason, then any future use of such building or structure and the land on which it was located shall be in conformity with all standards specified by these Regulations for the district in which it is located. (Amended 4/10/08) 374. Non-Conformity, Other than Use. A building or structure which is conforming in use but does not conform to the height, setback, and land coverage, parking or similar dimensional requirement of these regulations, shall not be considered to be non-

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41 conforming within the meaning of Sections 373 and 375 of these Regulations. However, no permit shall be issued nor shall any changes be made on such building or structure that will result in the increase of any such non-conforming features nor shall any non- conforming part of the structure be increased in height. (Amended 4/10/08) 375. Restoration of Damaged Buildings 375.1 Any building or structure which is non-conforming in use and is damaged or destroyed by any means to an extent greater than 50% of its fair market value shall be permitted to be reconstructed only if the future use of the building or structure is in conformity with these Regulations. 375.2 Such a non-conforming building or structure damaged to an extent less than 50% of said fair market value may be rebuilt provided that; (a) the cost of such reconstruction or structural alteration is less than 50% of the fair market value of the reconstructed property. (b) the reconstruction or structural alteration is commenced within six (6) months of the date of such damage or destruction and completed within eighteen (18) months, and (c) where such rebuilding can be feasibly accomplished so as to result in greater conformity with these Regulations, then such rebuilding shall be so done. ARTICLE IV – ADMINISTRATION AND ENFORCEMENT Section 400. Enforcement. 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. (Amended 2/1/84) 401. Survey Requirements. Except as otherwise set forth in the Special Permit Submission Policy applicable to the Village District and in Sections 415, 416, and this Section, no zoning permit, special permit, administrative permit, or certificate of zoning compliance may be issued except upon submission of (i) an A-2 Property Survey or (ii) a map prepared by a licensed engineer or surveyor based on an A-2 Property Survey certifying said reliance, and making specific reference to such A-2 Property Survey. No survey shall be accepted a) where any new structure has been constructed or any existing foundation expanded on the property or any lot line has been altered following the date of such survey or b) where such survey was last certified more than ten years prior to the application date. The Commission may impose additional survey requirements from time

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42 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. (Amended 10/18/21) Section 410. Zoning Permits. 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 2/1/84) 410.1 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. 410.2 Except in the case of the Village District, with regard to which the applicable requirements for a special permit are set forth in the Special Permit Policy, 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. (Amended 10/18/21) 411. (Repealed and replaced by new Sections 411.1 and 411.2) 411.1 Expiration of Zoning Permits. A zoning permit issued in connection with the construction of a Structure shall expire on the second (2nd) 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 411.1 shall not apply to special permits. (Added 12/30/09) 411.2 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 411.2 shall apply to all construction in the R-2A and Village District including, without limitation, construction pursuant to a special permit. (Amended 10/18/21)

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43 412. 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. 413. No zoning permit shall be issued unless the lot has the required road frontage, in accordance with Section 321.5 or Section 322.6 whichever is applicable, and unless such road has been completed or has had its sub-base completed and specified gravel applied. 414. No zoning permit shall be issued for a use listed in Section 320 as subject to the special permit approval procedure of Section 330, until and unless such special permit is approved by the Commission. 415. The requirements of Sections 410.2 and 411 shall be waived for alteration of an existing structure which alteration does not include installation of any additional foundation, footing, slab, or pier and does not increase coverage of the lot. (Added 3/16/09) 416. The requirements of Sections 410.2 and 411 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 3/16/09) 417. In the event an alteration or installation is completed without a survey as permitted pursuant to Sections 415 and 416 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 3/16/09) Section 420. Certificate of Zoning Compliance 421. 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 & 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. 422. 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 & Zoning Commission. (Amended 3/16/09)

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44 423. 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. 424. 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 & Zoning Commission. Section 430. Violations and Penalties 431. Any person, firm, corporation, or other entity, who shall violate any provision of these Regulations shall be subject to the remedies and penalties prescribed by Chapter 124 of the General Statutes of the State of Connecticut, as amended. 1. The Planning & Zoning Commission or their 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 violator within ten (10) days of such order unless otherwise provided by statute. 2. 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. ARTICLE V AMENDMENTS AND MISCELLANEOUS Section 500. Amendments. The Planning & Zoning Commission may, on its own motion, on the recommendation of the Board of Selectmen, or on petition of one or more owners of property within the Town, amend these Regulations in accordance with Chapter 124 of the General Statutes of the State of Connecticut, as amended. Referrals of such amendments to the Western Connecticut Council of Governments shall be made by the Commission in accordance with, and to the extent required by, Chapter 124 of the General Statutes of the State of Connecticut, as amended. (Amended 10/12/21) Any petition for amendments submitted by a property owner or owners shall include all of the following information (include three copies of items a, b, and c):

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45 (a) The names and addresses of such petitioners and the section, lot and block numbers of the properties under their ownership. (b) A map drawn to a convenient scale showing lot lines, building locations, and the section, lot and block numbers of all properties which are the subject of the petition. (c) A complete description of the nature of the amendment requested, and of the reasons for making such request. Include page and section numbers where amendment of the zoning text is requested. (d) Stamped envelopes addressed to each of the owners as of the date of application, of all properties which are subject of the petition, and of all properties within 500 feet of any portion of such properties. Such names may be as indicated in the latest real estate list of the Town of Weston, but should include the actual owners of record where known to be otherwise by the petitioners. (e) An application fee in the amount of $250 to defray the cost of publication of the notice required for a hearing. (Amended 6/3/13) Section 510. Separability Clause. Should any section or provision of these Regulations as contained herein or as hereafter amended, be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity of these Regulations as a whole or any part thereof, other than the part declared to be invalid or unconstitutional. Section 520. Short Title. These Regulations may also be known and referred to as “Zoning Regulations”. Section 530. Effective Date. As amended to October 18, 2021. ARTICLE VI DEFINITIONS Section 600. General Construction of Language. Except where specifically defined herein, all words shall carry their customary meaning. 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. The word “shall” is always mandatory. Unless otherwise specified, all distances shall be measured horizontally. The word “Town” means the Town of Weston; the term “Commission” means the Planning and Zoning Commission of the Town of Weston; the term “Town Clerk” means the Town Clerk of the Town of Weston; the term “Zoning Inspector” means the Zoning Inspector of the Town of Weston; the term “Board of Appeals” means the Zoning Board of Appeals of the Town of Weston; the term “Town Plan of Conservation and Development” means the Plan adopted by the Town Planning and Zoning Commission pursuant to Chapter 126 of the General Statutes of the State of Connecticut; the term “Subdivision Regulations” means the land subdivision regulations

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46 adopted by the Town Planning and Zoning Commission pursuant to Chapter 126 of the General Statutes of the State of Connecticut. (Amended 6/3/13) Section 610. Definitions Access way: 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. Antenna: The conductor by which electro-magnetic waves are sent or received, a structure commonly consisting of a wire, a metal rod or a circular metal dish (Amended 5/l/89) Apartment: 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 10/30/86) Automotive service station: 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 customers services and products, but excluding any body and fender work, or painting by mechanical means. Basement Apartment: 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 l0/30/86) Building: Any structure having a roof supported by columns or by walls, and intended for the shelter, housing, or enclosure of persons, animals or chattel. Building Accessory: A building subordinate to the principal building on a lot and used for purposes customarily incidental to that of said principal building. Building Coverage: 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. Building Height: 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 ridge line shall not be used in the calculation of building height. (Amended 5/17/01) Building Principal: A building in which is conducted the primary or principal use of the lot on which said building is situated.

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47 Cannabis: means marijuana, as defined in Section 21a–240 of the General Statutes. (Added 10/18/21) Cannabis Establishment: means a producer, dispensary facility, cultivator, micro- cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, product packager, delivery service or transporter, as those terms are defined in Section 1 of Public Act 21-1. (Added 10/18/21) Club: A voluntary organization, not conducted primarily for gain, with facilities catering exclusively to members and their guests for recreational, athletic, cultural or social purposes. Customary Accessory Use: 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 play houses), swimming pools, and playing courts.4 (Added 5/26/11) Day Camp: 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. Debris: Natural material which degrades rapidly when buried, not including building materials. (Effective 1/1/92) Domicile: A person’s fixed, permanent and principal residence for legal purposes such as voting. (Amended 5/1/89) Dwelling: A building designed or used exclusively as non-transient living quarters for one or more families. The term shall not be deemed to include automobile court, motel, hotel, rooming house, boarding house, house trailer, tourist home or tent. Dwelling Unit: A building or portion thereof providing complete housekeeping facilities for one family. Family: One or more persons occupying one dwelling unit and living together as a single housekeeping unit. Any number of such persons over four (4) shall be related to each other by blood, marriage or adoption. (Amended 5/l/89) Farmers’ Market: A market for the display and sale at retail of Farming products, and Customary Accessory Uses. (Added 5/26/11) 4 Guidance: Playing courts and swimming pools are regulated by Section 312.4.

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48 Farming: Farming shall include 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 9/16/13, Effective 9/26/13) Fence: A structure for enclosing, dividing or screening. This includes traditional fencing, masonry or stone walls, pillars and gates related thereto. (Amended 6/l6/03) Fire Station: A facility primarily used by a fire/rescue organization to 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, (i) training and fitness, (ii) administration, and (iii) social functions. (Added 5/26/11) Floor Area: 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 (7) feet. (Amended 10/30/86) Frontage: The extent of a lot along a road as defined therein. Home Occupation: Artistic and professional pursuits operated from a Dwelling. (Added 5/26/11) Limited Home Occupation: A Home Occupation engaged in by no more than one (1) individual who is not an Occupant of such Dwelling. (Added 5/26/11) Lot: 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. Lot Area: The total horizontal area included within lot boundaries. Lot, Corner: A lot on two or more intersecting roads or lanes. (Amended 3/l/92) Lot, Depth: The horizontal distance between the front and rear lot lines measured perpendicular to the mean direction of the front lot line. Lot, Front*: 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. Lot, Line: A property line bounding a lot as defined herein.

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52 bathing and permanently constructed, installed or maintained in or above the ground out- of-doors. Temporary Sign shall mean any Sign which (i) consists of a single placard measuring no more than three (3) square feet, (ii) does not exceed thirty-six (36) inches in height measured from the adjoining grade, and (iii) is placed on the ground without foundation or supports or is erected on wire supports. (Added 9/23/11) Terrace: A paved uncovered platform with or without retaining walls. A terrace with a roof or an awning shall be considered a porch. Use: The specific purpose for which land, or a building or structure is designed, arranged, intended or occupied. Use, Accessory: A use which is customarily incidental and subordinate to the principal use on a lot and located on the same lot therewith. Use, Principal: The main or primary use of a premises. Village District or VD: That portion of the Town of Weston denominated as such on the Zoning Map referenced in Section 210. Village Subdistrict-R or VD-R: The portion of the Village District denominated as such on the Zoning Map referenced in Section 210 that may, in addition to other uses permitted in the Village District, be used for purely residential housing. * 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.

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49 Lot, Flag: A lot which has no frontage on any road, except for a single access way not to exceed 25 feet in width, or a shared right of way not to exceed 30 feet in width. (Amended 3/l/92) Lot Line, Front: 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. Lot Line, Rear: The lot line which is generally opposite the front lot line if the rear lot line is less than ten (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 ten (10) feet long, lying wholly within the lot and farthest from the front lot line. Lot Line, Side: Any property line extending from the front lot line to the rear lot line. Lot, Rear*: 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. Lot, Side*: 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. Lot Width: The horizontal distance between the side lot lines, measured parallel to the mean direction of the front lot line. Museum / Art Gallery: 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 5/26/11) Non-conforming Use: 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 adoption or amendment substantively affecting such use, of these regulations and complied with the Zoning Regulations at the time it was established. (Amended 6/3/13) Nursery School: 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. Occupant: An individual who uses the subject Dwelling as his or her primary residence. (Added 5/26/11) Open Construction: (as applied to fences) Open to the passage of air and visually open as viewed looking directly at the fence. Park: 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

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50 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 5/26/11) Parking Area: An off-street area containing one or more parking spaces, with passageways and driveways appurtenant thereto. Parking Space: An off-street space available for the parking of one motor vehicle on a transient basis. Place of Worship: 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 5/26/11) Playground: 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 5/26/11) Private School: A kindergarten, primary or secondary school furnishing a comprehensive curriculum of academic instruction similar to that of a public school. Public Land shall mean any piece or parcel of land wholly owned by the Town of Weston. (Added 9/23/11) Public Way: Any public or private road, street or lane. (Amended 6/l6/03) Regulated Home Occupation: A Home Occupation engaged in by more than one (1) individual who is not an Occupant of such Dwelling. (Added 5/26/11) Riding Stable or Academy: 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. Road: 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, l956 or is a State or Town Road, but not including private driveways or rights-of-way. Road Line: A property line dividing a road and a lot. See also definition of “Lot Line, Front.” Sign: 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,

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51 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 (3) 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. Sign Area: 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. Single Family Dwelling: A dwelling containing one dwelling unit only. Soil. “Soil” shall mean 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. Story: 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 (4) feet above the average level of the adjoining finished grade. Each basement in excess of one shall be counted as a story. Story, Half: A story with at least two opposite exterior sides meeting a sloping roof not more than two (2) feet above the floor of such story. Street: See definition of “road”. Structure: 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/l/89) Swimming Pool: An artificial body of water, or receptacle for water, having a depth at any point greater than two (2) feet, and used or intended to be used for swimming or

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1 APPENDIX A POLICY REGARDING SITE AND BUILDING DESIGN STANDARDS AND GUIDELINES FOR THE VILLAGE DISTICT 1. GENERAL DESIGN STANDARDS (a) Intent i) The intent of these Site and Building Design Standards is to promote harmonious, contextual, and sustainable development within the Village District. ii) Unless noted, these Site and Building Design Standards and Guidelines are not intended to be prescriptive or demand a specific architectural style. More important is that all development within the Village District is cohesive and compatible with both existing and new buildings and landscapes and provides the overall experience of a small New England village. (b) Sustainable Design i) All proposed construction, whether new developments, additions, or renovations to existing structures, shall strive to meet the environmentally sustainable design principles in order to promote healthy, durable, and resilient development. ii) Developers are encouraged to consult relevant licensed and certified professionals early in the design or development process, in order to most effectively incorporate sustainable design strategies from the project outset. (c) Utilities i) All utilities shall be located below ground where possible. ii) Sanitary and water service shall be designed in accordance with prevailing state and local health codes and regulations. Solar panels and bioswale for parking lot. Photos by Elizabeth Esposito

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2 2. ROADS, SIDEWALKS, AND PARKING STANDARDS (a) Roads (i) All roads shall be constructed of bituminous concrete or reinforced concrete pavement. Porous or pervious asphalt should be considered as a material wherever possible and feasible. (ii) Streets throughout the Village District shall be single lane in each direction of travel. (b) Sidewalks (i) Sidewalks shall be provided on both sides of street throughout the Village District, and be a minimum of five (5) feet wide. All walking surfaces shall be ADA compliant. (ii) Walkways shall connect all commercial buildings to the network of public sidewalks in the Village District. Walkways shall connect all buildings to adjacent municipal sidewalks, parking areas, and public amenities. (iii) Sidewalks and walkways shall be constructed of scored concrete, unit pavers, stone or brick and shall be consistent throughout Village District. There shall be no bituminous asphalt sidewalks. (iv) Sidewalks along principal streets and drives shall be separated wherever possible from the street by a curb and buffer planting strip or ornamental paving strip, a minimum of four (4) feet wide. The buffer strip shall also accommodate pedestrian lighting, bicycle racks, waste receptacles, planter boxes, site furniture, and/or other site features. (v) Clearly delineated crosswalks shall be provided to connect opposing sidewalks at all intersections, and at major features or public amenities. Except on the State roads, crosswalks shall be constructed of a separate material than the roadway, with a preference for cobblestone, thermoplastic pavement, or brick.

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3 (c) Parking Location and Access Management i) Parking shall be located to the rear or side of existing and proposed buildings. No parking shall be permitted between the façade of the building and the street. An exception shall be made for the one permitted automotive station. ii) Shared parking facilities shall be required for non-residential and mixed-use buildings wherever feasible. iii) Access drives shall be consolidated to limit the number of curb cuts on public streets and shall be shared wherever possible. iv) In parking lots with more than two aisles or two full parking bays, walkways shall be provided where needed so that pedestrians can move from their cars to buildings along a well-marked walkway and shall be clearly marked by a change in grade or material or both. (d) Parking Design i) Pedestrian and bicycle-friendly features and traffic calming shall be implemented wherever possible within parking areas. ii) Parking areas shall include vegetated buffers, including shade trees in islands or buffer areas. Parking islands shall have a minimum 8’ wide and be planted with a mix of low-maintenance shrubs, groundcovers, perennials, and shade trees. iii) Wherever possible, parking areas shall utilize natural infrastructure systems such as bioswales to assist with stormwater management. Where bioswales are located, concrete curb stops shall be provided. iv) Screen parking areas from street view (with landscaping, berms, fencing, etc.) to create a buffer that would visually screen parking areas, but not isolate the property or compromise security.

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4 (e) Site Lighting i) Lighting shall meet the minimum standards of the Illumination Engineering Society of North America (IESNA). Lighting shall be provided along sidewalks and throughout parking areas, so as to provide a minimum and even level of footcandles for safe pedestrian navigation along all sidewalks and walkways, and from vehicle parking to adjacent buildings / walkways. ii) Lighting fixtures shall be Dark Sky compliant, with aesthetic preferences for contemporary or traditional fixtures. No up lighting shall be permitted. iii) Lamp types shall be LED, metal halide, or halogen, with a spectrum of light not to exceed 3000K. Low-pressure sodium lamps, high-intensity discharge (HID), and fluorescent lights (except for compact fluorescent bulbs that screw into standard sockets) shall not be permitted. (These standards may be updated as technologies advance and product additional equivalent or better elements.) 3. ARCHITECTURAL GUIDELINES (a) Intent i) Buildings should be designed in the scale, size, and quality of a traditional New England village, and shall have visual continuity with adjacent buildings. ii) Alterations to existing buildings should adhere to the same design standards and aesthetics as those laid out for new buildings. Alterations to existing buildings shall generally prioritize design that complements or is consistent with the form, scale, style, detailing, and material presentation of the existing building. iii) All construction shall be designed and performed to ensure quality and resilience over time. Appropriate protective coatings must be used on all exterior exposed materials. iv) There shall be no standardized design permitted of structures that will be readily recognizable as regional or national “multiple business locations” or franchises. (b) Primary Form i) While there is not a single traditional architectural style that should be followed, examples of acceptable styles include, but are not limited to, Contemporary Farmhouse, Greek Revival, Federal, Georgian, and Colonial. Care should be taken so that architectural styles are not inappropriately combined.

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5 - Contemporary Farmhouse: 2-2.5 stories; multiple attached volumes at different scales; steep pitched roof; clean lines and simple / minimal detailing; larger punched opening windows with fewer lites; mix of traditional and simple newer materials (e.g. wood siding and metal standing seam roof). - Greek Revival: 2-2.5 stories; typically, a main volume oriented perpendicular to street (deep front-to-back), with a smaller volume meeting it at ninety degrees; shallow gable roof with principal gable pointed towards the street (over main volume); cornice and eave detailing; ornamented doorways and window frames; columns supporting porch roof or entry portico. Photo by Fine Homebuilding Photo by Fine Homebuilding

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6 - Federal: 2.5 stories; flat or pitched roof; heavy ornamentation; curves allowed at windows and doors; larger window with decorative lintels and cornices. - Georgian: 2-2.5 stories; less steep gable or gambrel roof; regular ordering of windows and doors (even spacing and odd numbers – 3, 5, of 7); ornament restrained to first floor and main entry area, with some decorative dentil molding at roof eaves; straight lines Photo by New England Living Today Photo by Antique Homes Magazine

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7 - Colonial: 2 stories with possible occupiable attic; smaller volumes tacked on to a primary main volume; steep gable roof; fairly plain and unornamented. ii) Buildings should range from 1-2.5 stories, with 2.5 stories being the optimal height. Buildings that are not able to exceed one story due to mechanical requirements should give the exterior appearance of two stories through the use of high-bay spaces and architectural elements. Maximum building height shall be 35 feet. Photo by Country Carpenters, Inc./ Early New England Homes

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8 iii) Buildings should provide visual interest through a range of architectural details or elements that create depth, shadow, and variation in scale and texture. (c) Walls i) Walls should express the construction techniques and structural constraints of traditional, long-lasting building materials, and be generally consistent with the existing buildings in the Village District. ii) Permissible primary wall materials include: - Wood, fiber cement, or composite clapboard, shingle, or shake siding (below, respective) Photos by The Craftsman Blog, The Spruce, Rocky Mountain Forest Products

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9 - Board and batten (upper left) - Clay brick (or synthetic equivalent) (upper right) - Natural stone (or synthetic equivalent) (lower right) - Tile masonry (lower left) - There shall be no unfinished concrete or plywood visible from the public way iii) Permissible secondary wall materials (limited to 10 percent of façade area) include: - Gypsum-reinforced fiber cement (GFRC) (below) - EIFS (below) - PVC trim (lower right) Photos by Boral, Kaihua, Norstone USA, Eco Outdoor USA Photos by Sanderson Concrete, Build with Rise, CertainTeed / Saint Gobain

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10 - Gypsum-reinforced fiber cement (GFRC) (upper right) - Metal (below) - Molded urethane foam (lower right) iv) Buildings more than forty (40) feet in length should incorporate architectural elements to prevent long, unbroken facades. v) Primary building entrances should be easily identifiable through architectural elements, including lighting, glazing, signage, overhangs, or other changes in form or massing. (d) Roofs i) Roofs should express appropriate climatic considerations by using appropriate pitch, drainage, and materials, and be generally consistent with existing buildings in the Village District. ii) Permissible roof materials include: - Cedar shingles Photos by GFRC Cladding, Sanctum Design, Royal Corinthian Photo by Modernize Home Services

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11 - Asphalt shingles (slate architectural or shale style) - Clay or slate tile - Metal standing seam Photo by This Old House Photo by Round Hay Roofing, The Spruce Photo by Classic Metal Roofing Systems

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12 - Membrane materials (for flat roofs only; must meet building code) iii) Pitched roofs should be encouraged, with slopes between 5:12 and 18:12. iv) Shed roofs are permissible on ancillary secondary volumes where attached to a primary volume or main structure, with slopes between 3:12 and 8:12. v) Flat parapet roofs are permissible for non-residential buildings, so long as the roof material is not visible from the public way. Such roofs shall incorporate a decorative railing or parapet cap. vi) Pitched roof types, including gable, hip, and shed roofs, shall have overhanging eaves that project between six (6) and thirty (30) inches beyond the primary structure. Projections shall comply with prevailing building codes for fire separations. vii) Skylights and roof vents shall be located on roof planes that are not visible (or not directly frontal to) the public way. Photo by Reliable Roofing

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13 (e) Windows and doors i) Numerous transparent fenestration openings should be encouraged along street-facing building facades, for both commercial and residential properties. At a minimum: ground floor fenestration shall cover 35% to 70% of public façade area; upper story fenestration shall cover 20% to 70% of public façade area. ii) Public-facing façades of commercial buildings shall include transparent entries and display windows along the ground floor. Display windows shall have a sill height of not more than three (3) feet above the adjacent sidewalk, and shall be broken up along the façade. iii) All nonresidential buildings should include at least one principal entrance oriented towards the public right-of-way. iv) Continuous storefront or curtainwall glazing along public façades are discouraged; smaller areas of storefront and punched openings are encouraged. v) Windows and doors should be located so as to have a direct relationship with the interior spaces beyond. Windows shall not span across building structure. vi) Permissible materials for window frames include: - Wood or clad wood Photo by Warren Windows / LePage Millwork

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14 - Metal (upper right) - Vinyl (upper left) - uPVC (lower left) - Fiberglass (lower right) vii) Window glass should be clear, with light transmission at least 70%. Tinted or darkened windows shall be discouraged. Low-E coatings shall be permitted to promote energy efficiency. Non-transparent specialty windows shall be approved on a case-by-case basis by the Planning and Zoning Commission. Photos by Andersen Windows & Doors, Harvey Windows & Doors, Kohltech Windows & Entrance Systems, Pella Windows & Doors

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15 viii) Permissible materials for doors include: - Wood or clad wood - Metal - Fiberglass - uPVC - Doors may include glazing ix) Permissible window operability includes: - Double-hung - Single-hung - Casement - Awning - Tilt & turn - Casement, awning, and other outward-opening windows shall not be located at the ground floor adjacent to property lines or walkways. Right Upper: Wood or clad wood Right Lower: Metal Below: Fiberglass Photos by Pella Windows & Doors, ProVia, Pella Windows & Doors

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16 x) Where window glazing is divided, it shall be using simulated divided lites. The horizontal dimension of the panes shall be less than the vertical dimension. xi) For storefront glazing, maximum single panes of glass shall not exceed eight (8) feet in height. Ground story glazing shall not be made opaque by window treatments (except operable sun shading devices within conditioned space). (f) Signage i) Signage shall be compatible with its surroundings with regard to size, shape, and color. Signs shall reflect traditional New England hand-carved wood styles. Signs shall prioritize durability. ii) Signage placement shall not disrupt public view of historic or significant structures, or obscure traffic sightlines or traffic signs. iii) There shall be no standardized “multiple business locations” signage, billboards, free-standing pole signs, roof signs, or signs with any kind of animation. iv) Permissible signs include: - Wall Signs: affixed parallel to the face of the building - Blade Signs: protrude perpendicularly from the face of the building - Freestanding Signs: shall not exceed 25 square feet and 8 feet in height - Monument signs: shall not exceed 25 square feet and 5 feet in height

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17 v) Wall signs may be externally illuminated, using downward-facing fixtures that prevent glare and light trespass. All other signs shall not be illuminated. vi) Signs shall not use more than three colors, and shall select colors that complement each other and the adjacent building / surroundings. vii) Fonts with simple lettering shall be used for legibility. viii) Signage for buildings with multiple tenants shall use consistent locations and styles. (g) Building-Mounted Lighting i) Lighting shall meet the minimum standards of the Illumination Engineering Society of North America (IESNA). ii) Lighting fixtures shall be Dark Sky compliant, with aesthetic preferences for contemporary or traditional fixtures. No up lighting shall be permitted. iii) Lamp types shall be LED, metal halide, or halogen, with a spectrum of light not to exceed 3000K. Low-pressure sodium lamps, high-intensity discharge (HID), and fluorescent lights (except for compact fluorescent bulbs that screw into standard sockets) shall not be permitted. (These standards may be updated as technologies advance and product additional equivalent or better elements.) iv) Lighting mounted to the face of a building shall be located between six (6) and fifteen (15) feet above adjacent grade. (h) Mechanical Equipment and Building Service i) Mechanical equipment includes HVAC equipment, electrical machinery, air compressors, hoods, mechanical pumps, exterior water heaters, water softeners, utility and telephone company transformers, meters or boxes, storage tanks, and generators. ii) Mechanical equipment, loading docks, dumpster areas, and other building services shall be hidden from public view, through landscape or architectural screening. iii) If mechanical equipment is mounted on rooftops, it shall be hidden from public view through architectural screening. iv) If landscape screening is used to conceal building service facilities, species shall be non-deciduous, or otherwise ensure that adequate screening is provided year-round. v) Electrical and other utility meters shall not be located on the front (street-facing) façade of any building. vi) Equipment used for the onsite generation of solar energy (i.e. solar panels) shall be permitted to be visible. vii) Any noise generated by mechanical equipment or building services shall meet prevailing state and local standards.

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18 4 LANDSCAPING (i) Intent i) Landscaping is to be consistent within the Village District, complement the scale and style of the property, and appear to have been part of the broader area for years. ii) In general, landscaping shall be of a “naturalized” aesthetic, with a preference for native or acceptable adapted species. Invasive species shall not be used. iii) Landscape areas should be painted with “broad brush strokes” of similar plants creating large swaths of color and texture, while minimizing single specimens. iv) Plant material shall be drought-tolerant, easily maintained, and generally consist of species that are native to the region. Species attracting pollinators shall be installed wherever possible. v) Landscaping shall be designed to reduce surface runoff, minimize soil erosion, provide shade and natural windbreaks, and create buffers that reduce glare and noise. Photos by Weston Town Center Master Plan, The Spruce, Eco Landscaping Alliance, Chicago Bungalow Association

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19 (j) Street trees i) Removal of existing trees larger than eight (8) inches diameter at four (4) feet above grade, located within fifteen (15) feet of the road edge should be avoided ii) New street trees shall be provided along the roadway at a maximum spacing of 40’ on center. These street trees shall be located in the curb strips / buffer zones between public sidewalks and the roadway. iii) Street trees shall be native or acceptable adapted species. Preference shall be given to species on the attached list of acceptable species. LARGE TREES Latin Name Common Name Acer rubrum var. October Glory, Red Sunset Red Maple var. October Glory, Red Sunset Acer saccharum var. Green Mountain Sugar Maple var. Green Mountain Gleditsia triacanthos inermis var. Halka Thornless Honeylocust var. Halka Liquidambar styraciflua Sweet Gum Nyssa sylvatica Black Gum Quercus palustris Pin Oak Tilia cordata var. Greenspire Littleleaf Linden var. Greenspire MEDIUM TREES Latin Name Common Name Carpinus Carolina American Hornbeam Ostrya virginiana Hop Hornbeam SMALL TREES Latin Name Common Name Amelanchier canadensis Shadblow Cercis canadensis American Redbud Cornus florid Flowering Dogwood Cornus mas Cornelian Cherry iv) Street trees shall be planted with a clearly delineated mulch bed around their base, or other base protection. v) Trees shall be regularly maintained and pruned to prevent blockage of lighting and traffic sightlines and promote healthy growth.

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20 (k) Stone Walls and Fences i) Any enclosure shall complement the adjacent buildings and landscape. ii) There shall be a preference for native field stone walls or white-painted wood or composite fences. iii) Retaining walls should be used wherever possible to protect existing topography and vegetation. Large retaining walls and walls not publicly visible may be constructed of modular brick. iv) The height of a retaining wall shall be limited to five (5) feet. Where taller walls are needed, the wall shall be constructed in tiers. (l) Site Furniture i) Any exterior furniture located shall complement the style, material, and scale of adjacent buildings. There shall be a preference for contemporary or traditional style site furniture. ii) There shall be a material preference for exterior furniture fabricated out of wood, metal, stone, or other natural materials. Materials and construction shall be durable. Photos by Timothy Valentine, Natural Path Landscaping, LLC

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21 iii) Wherever possible, benches, tables, and other non-residential or public exterior furniture shall be affixed / permanently installed. Photos by Landscape Forms, Forms+Surfaces, The Industrial Farmhouse

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22 (m) Waste receptacles i) Waste receptacles shall be provided at regular intervals along all public sidewalks (e.g. at each intersection) and within parking areas. ii) Waste receptacles shall be provided at the exterior of all commercial food service facilities, cafes or restaurants, grocery store, or automotive service station. iii) Waste receptacles shall be of a contemporary or traditional style with a material preference for metal and wood. Where waste receptacles are located near benches or other site furniture, they shall match the style and material. Materials and construction shall be durable. iv) Waste receptacles shall be affixed to the ground or sufficiently weighted so as to prevent overturning. (n) Hanging baskets, planters, and window boxes i) Planters, hanging baskets, and window boxes shall be encouraged on both commercial and residential properties, as a way to soften built elements. ii) Planters, hanging baskets, and window boxes shall contain live plantings, with a preference hearty, drought-tolerant native species, and shall be regularly maintained so that vegetation appears healthy and under control. Photos by Forms+Surfaces, Landscape Forms

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23 iii) There shall be an aesthetic preference for contemporary or traditional planters and other planting containers. Planters, hanging baskets, and window boxes shall complement the material and style of adjacent site furniture. iv) Planters shall not obstruct sight lines at street intersections or access drives. Planters shall not encroach into the sidewalk so that less than five (5) feet of passage is available for pedestrians. v) Window boxes shall be at least as wide as the windowsill where they are installed and shall not encroach into the public sidewalk. Photos by Landscape Forms, Birdsall & Co. Photos by The Old Farmer’s Almanac

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INDEX ARTICLE 1: INCORPORATION AND GENERAL POWERS Page Section 1.1 Incorporation 1 Section 1.2 Rights and Obligations 1 Section 1.3 General Grant of Powers 1 Section 1.4 Definitions 2 ARTICLE 2: THE TOWN MEETING Section 2.1 Legislative Power 3 Section 2.2 Annual and Special Meetings 3 Section 2.3 Procedure 3 Section 2.4 When Action by Town Meeting is Required 4 Section 2.5 Actions of the Town Meeting Which May be Decided By Machine Ballot 4 Section 2.6 Petition for Overrule of Action of Board of Selectmen 5 Section 2.7 Petition for Special Town Meeting for Enactment of Ordinances Or Other Action 5 ARTICLE 3: BOARD OF SELECTMEN Section 3.1 Number of Selectmen 6 Section 3.2 General Powers, Duties and Responsibilities 6 Section 3.3 Procedure 8 Section 3.4 Public Hearing on and publication of Ordinances 8 Section 3.5 Emergency Ordinances 9 Section 3.6 Coordination 9 ARTICLE 4: FIRST SELECTMAN, SECOND SELECTMAN, TOWN ADMINISTRATOR Section 4.1 The First Selectman 9 Section 4.2 The Second Selectman 11 Section 4.3 The Town Administrator 12 ARTICLE 5: ELECTIVE OFFICERS, BOARDS AND COMMISSIONS Section 5.1 General Powers and Duties 12 Section 5.2 Terms of Office 13 Section 5.3 Officers Elected for Two Year Terms 13 Section 5.4 Town Clerk 13 Section 5.5 Board of Education 13 Section 5.6 Board of Finance 14 Section 5.7 Board of Tax Review 14 Section 5.8 Planning and Zoning Commission 14

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Page Section 5.9 Zoning Board of Appeals 14 Section 5.10 Board of Police Commissioners 14 Section 5.11 Justices of the Peace 15 Section 5.12 Compensation; Expenses; Levies 15 ARTICLE 6: ELECTIONS Section 6.1 General 16 Section 6.2 Voting Districts 16 Section 6.3 Voter Registration 16 Section 6.4 Eligibility for Office 16 Section 6.5 Breaking a Tie 17 Section 6.6 Vacancies 17 Section 6.7 Removal 17 ARTICLE 7: APPOINTIVE OFFICERS, BOARDS AND COMMISSIONS Section 7.1 Appointing Authority; Appointive Officers; Boards and Commissions; and Terms of Office 18 Section 7.2 Establishment of New Offices, Boards and Commissions 19 Section 7.3 Vacancies and Removals 19 Section 7.4 General Powers and Duties 19 Section 7.5 Town Attorney 19 Section 7.6 Building Inspector 20 Section 7.7 Assessor 20 Section 7.8 Library Board 20 Section 7.9 Parks and Recreation Commission 20 Section 7.10 Conservation Commission 20 Section 7.11 Historic District Commission 21 Section 7.12 Building Board of Appeals 21 Section 7.13 Panel of Moderators 21 Section 7.14 Compensation; Expenses; Levies 22 ARTICLE 8: FINANCE AND TAXATION Section 8.1 Preliminary Budget Estimates 22 Section 8.2 Duties of the First Selectman on Budget 23 Section 8.3 Duties of the Board of Selectmen on Budget 24 Section 8.4 Duties of the Board of Finance on the Budget, the Annual Town Budget Meeting and Budget Process 24 Section 8.5 Additional and Supplemental Appropriations 29 Section 8.6 Extraordinary Appropriations 29 Section 8.7 Expenditures and Accounting 30 Section 8.8 Power to Incur Indebtedness 31 Section 8.9 Contributions 32 ARTICLE 9: CONFLICT OF INTEREST AND TRANSITION Page Section 9.1 Conflict of Interest 32 Section 9.2 Existing Laws and Ordinances 32 Section 9.3 Agency Records and Property 33 Section 9.4 Legal Proceedings 33 ARTICLE 10: CONDUCT OF BUSINESS, ELECTED AND APPOINTED BOARDS AND COMMISSIONS Section 10.1 Chairmen and Vice-Chairmen 33 Section 10.2 Minutes 34 Section 10.3 Executive Sessions 34 ARTICLE 11: MINORITY REPRESENTATION 34 ARTICLE 12: MISCELLANEOUS PROVISIONS Section 12.1 Amendment of Charter 35 Section 12.2 Saving Clause 36 Section 12.3 General Laws 36 Section 12.4 Effect of Changes in General Statutes 36 Section 12.5 Transitions 36 Section 12.6 Unlocking Voting Machines 38 Section 12.7 Paper Ballots 38 Section 12.8 Effective Date 38

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WESTON TOWN CHARTER ARTICLE 1 INCORPORATION AND GENERAL POWERS Section 1.1 Incorporation All the inhabitants dwelling within the territorial limits of the Town of Weston, as presently constituted, shall continue to be a body politic and corporate under the name of the "Town of Weston", in this Charter called "The Town". As such, it shall have perpetual succession and may hold and exercise all powers and privileges heretofore exercised by the Town and not inconsistent with the provisions of this Charter. It shall also have the additional powers and privileges herein conferred, and all powers and privileges conferred upon towns under the general law of the State of Connecticut. Section 1.2 Rights and Obligations All rights in and to property, both real and personal, all rights of action, and rights of every description, and all securities and liens, vested in the Town as of the date this Charter shall take effect, are continued. The Town shall continue to be liable for its debts and obligations. Nothing herein shall be construed to affect the right of the Town to collect any assessment, charge, debt or lien. If, prior to the effective date of this Charter, any contract has been entered into by the Town, or any bond or undertaking has been given by or in favor of the Town which contains provisions that the same may be enforced by any office or agency therein named which is hereby abolished, such contracts, bonds or undertakings shall continue in full force and effect. The powers conferred and the duties imposed with reference to the same upon any such office or agency shall, except as otherwise provided in this Charter, thereafter be exercised and discharged by the Board of Selectmen of the Town. Section 1.3 General Grant of Powers In addition to all powers granted to towns under the Constitution and general law of the State of Connecticut, the Town shall have all powers specifically granted by this Charter and all powers fairly implied in or incident to the powers expressly granted, and all other powers incident to the management of the property, government and affairs of the Town, including the power to enter into contracts with the United States or any federal agency, the State of Connecticut or any political subdivision thereof for services and the use of facilities, the exercise of which is not expressly forbidden by the Constitution and the general laws of the State of Connecticut. The enumeration of particular powers in this and any other article of this Charter shall not be construed as limiting this general grant of power, but shall be considered as an addition thereto. Section 1.4 Definitions As used in this Charter: (a) "Agency" means any elective or appointive board, commission, officer or committee of the Town. (b) "Qualified voters" means persons who are eligible to vote at Town Meetings as defined in the General Statutes of the State of Connecticut.* (c) "Resident Electors" means persons eligible to vote in the national, state and town elections under the Constitution of the United States and the State of Connecticut and under the general law of the State of Connecticut. (d) "Voting List" means the Registrars of Voters' latest official list. (e) The "General Statutes" means the General Statutes of Connecticut, revision of 1958 and any amendments thereto. (f) "General Law" means all applicable laws including (without limitation) the Constitutions of the United States and of the State of Connecticut, General Statutes, Special Acts, this Charter, ordinances and regulations, and interpretations of the foregoing by courts of competent jurisdiction. * At present the General Statutes (Sec. 7-6) provide in pertinent part as follows: "…any person who is an elector of such town may vote and any citizen of the age of eighteen years or more who, jointly or severally, is liable to the town, …for taxes assessed against him on an assessment of not less than one thousand dollars on the last-completed grand list of such town, …or who would be so liable if not entitled to an exemption…may vote…". -2-

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ARTICLE 2THE TOWN MEETING Section 2.1 Legislative Power The legislative power of the Town, to the extent specified in this article, shall be vested in the Town Meeting. Section 2.2 Annual and Specia1 Meetings An Annual Town Budget Meeting shall be convened no later than April 22nd of each year. It shall be called to order at 8:00 PM and if it has not completed its business by 11:30 PM the moderator shall adjourn the Meeting to 8:00 PM of successive evenings, excepting Saturdays, Sundays and Holidays, until its business is completed. The Meeting may also be adjourned from time to time as otherwise provided in this charter. Amendment Effective 11/4/03 Special Town Meetings shall be called by the Board of Selectmen pursuant to the terms of this Charter and in the manner provided by the General Statutes. Section 2.3 Procedure All Town Meetings shall be called to order by the First Selectman or, in his absence, the Second Selectman, (if there be one). In the absence of both, the First Selectman shall appoint another member of the Board of Selectmen if available, or otherwise any other qualified voter to call the meeting to order. A Moderator shall be elected in accordance with the provisions of this Charter and he shall appoint a parliamentarian for the meeting. All business shall be conducted in accordance with the provisions of this Charter where consistent with the General Statutes. The Clerk of the Town Meeting shall be the Town Clerk or in the Town Clerk’s absence, a person selected by the Town Meeting. Before taking up the business of the Meeting, the moderator shall read the Connecticut State Statutes regarding who is qualified to vote in the Town Meeting and the penalties for unqualified persons voting, and shall direct that all persons present who are not qualified to vote or to speak shall occupy an area in the meting room which shall be set apart for such persons. Except as otherwise provided in this Charter, action at all Town Meetings shall be by a majority of qualified voters present and voting. -3- Section 2.4 When Action by Town Meeting is Required (a) To consider and act upon the estimate of the Board of Finance with its recommendations leading to the determination of the annual town budget, as required by the Connecticut General Statutes and as hereinafter provided in Section 8.4; (b) To consider and act upon, after recommendation by the Board of Selectmen and approval by the Board of Finance: (1) any appropriation or authorization for issuance of bonds, notes, or other borrowing in excess of the amounts provided for in Section 8.5(b) or 8.6 of this Charter; (2) the sale or leasing of real estate of the Town, used or reserved for Town purposes; (3) the purchase or leasing of real estate for Town purposes; (c) To consider and act upon any proposed contract or agreement by the Board of Selectmen for services or use of facilities by or with the United States or any Federal agency, the State of Connecticut, or any political subdivision thereof except as pro- vided in Section 3.2 of this Charter; (d) To consider and act upon any proposal the Board of Selectmen deems of sufficient importance. Section 2.5 Actions of the Town Meeting Which May Be Decided By Machine Ballot Any matter falling within Section 2.4 (b), (c) or (d) above may be decided by machine ballot: (a) at the discretion of the Board of Selectmen, or (b) pursuant to a petition filed in accordance with Section 7-7 of the Connecticut General Statutes in the following manner: After other business has been completed and after adequate discussion of the appropriation or authorization which is to be decided by machine ballot, the moderator shall adjourn the Town Meeting to reconvene not less than seven days nor more than fourteen days thereafter, and such appropriation or authorization shall be submitted to the qualified voters for a “yes” or “no” vote on the voting machines between the hours of 6 AM and 8 PM. -4-

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The voting machine labels shall be provided by the Town Clerk. After the polls are closed, the moderator, or in the absence of the elected moderator, a substitute moderator appointed by the Clerk of the Town Meeting from the Panel of Moderators, shall cause the vote to be counted and the appropriation or authorization shall, if approved by a majority of those voting thereon, be deemed adopted by the Town Meeting; otherwise it shall be determined to have been rejected. Section 2.6 Petition for Overrule of Action of Board of Selectman All ordinances, Resolutions or other action taken by vote of the Board of Selectmen, except those making appointments or removals or concerned solely with regulating their internal procedure or emergency ordinances adopted in accordance with the provisions of Section 3.5 of this Charter, shall be subject to overrule by a special Town Meeting as follows: (a) if within twenty days after the publication of any such ordinance or the making of such resolution or the taking of such vote. A petition conforming to the requirements of Section 7-9 and 7-9a of the General Statutes and signed by not less than five percent of the qualified voters is filed with the Town Clerk requesting its reference to a special Town Meeting, the effective date of such ordinance, resolution or other action shall be suspended; (b) the Board of Selectmen shall fix the time and place of such special Town meeting, which shall be within twenty days after the filing of the petition; (c) notice thereof shall be given in the manner provided by law for the calling of a special Town Meeting; (d) an ordinance, resolution or action so referred shall take effect upon the conclusion of such meeting unless at least one hundred voters constituting a majority of those present and voting thereon, shall have voted in favor of overruling. Section 2.7 Petition for Special Town Meeting for Enactment of Ordinances or Other Action Except as provided in Section 2.4, 2.5 and 2.6 of this Charter, not less than 5% of qualified voters may at any time petition over their personal signatures for the enactment of any proposed lawful ordinance or other action by filing such petition, including the complete text of such ordinance, or proposed other action, with the Town Clerk. Amendment effective 11/4/03. -5- Any such proposed ordinance or other action shall be submitted to the Town Attorney for examination before being submitted to the Town Clerk. The Town Attorney is authorized to correct the form of such ordinance or other action for the purpose of avoiding repetitions, illegalities and unconstitutional provisions, and to assure accuracy in its text and references and clearness and preciseness in its phraseology, but not to change its meaning or effect materially. Provided, however, that if the proposed ordinance or other action that is the subject of the petition is materially the same as a matter that previously has been voted upon by referendum, then the Board of Selectmen, in their discretion, may reject such petition and not call a special Town Meeting. Amendment effective 11/4/03. The Board of Selectmen shall call a special Town Meeting, to be held not less than ten nor more than thirty days from the date of such filing, unless prior to such meeting such ordinance shall have been enacted or such action taken by the Board of Selectmen. The Call for such meeting shall state the proposed ordinance or other action in full and shall provide for a "yes" or "no" vote as to its enactment. Provided that there is a quorum at such meeting of at least five percent of the qualified voters, then if a majority of the qualified voters voting shall vote "yes" then such ordinance or other action shall take effect on the tenth day thereafter without further action of the Board of Selectmen; otherwise it shall not take effect. ARTICLE 3 BOARD OF SELECTMEN Section 3.1 Number of Selectmen There shall be a Board of Selectmen consisting of the First Selectman and two additional members. No more than two members of such Board shall be members of the same political party. No Selectman shall hold any other office of profit under the Government of the Town. Section 3.2 General Powers, Duties and Responsibilities Except as provided in Article 2 of this Charter, the legislative powers of the Town shall be vested in the Board of Selectmen, and said Board of Selectmen shall have the powers, duties, and responsibilities, which are conferred by the Constitution, the General Statutes and general law of the State and this Charter, on Boards of Selectmen, including the power, duty and responsibility: -6-

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(a) to enact and amend ordinances consistent with this Charter and the General Statutes of the State, and to repeal ordinances or amendments adopted under this section; (b) by ordinance, to create, change, or abolish agencies except those provided for in this Charter; (c) by resolution, to enter into agreements with the Commissioner of Transportation of the State of Connecticut pursuant to the General Statutes; (d) in adopting ordinances, to incorporate any nationally recognized code, rules or regulations that have been printed in book form, or any portion thereof, by reference thereto in such ordinance; provided upon adoption of any such ordinance wherein any such code, rules or regulations or portions thereof have been incorporated by reference, there shall be filed two copies of such code, rules or regulations in the office of the Town Clerk for inspection and copying by the public at reasonable hours in lieu of publication in any newspaper; (e) by resolution, to regulate the internal procedure of agencies; (f) to fix the charges, if any, to be made for services rendered by the town; (g) to obtain a blanket bond for such officers or officials as are to be bonded; (h) at the direction of the First Selectman, to conduct a periodic review of current (i.e., 2 year time span) and projected (at least 5 year time span) financial, administrative, governmental, physical and other needs of the Town, and to initiate programs to meet such needs, and the First Selectman, or his delegate, shall see that such programs are executed by the appropriate agencies; (i) to review and approve: (1) plans for reorganization, creation or elimination of positions and; (2) job descriptions for Town employees, other than employees of the Board of Education, who are not appointed or elected officials; -7- (j) except to the extent otherwise provided by ordinance and, subject to normal budget approval, to review and act on recommendations of the First Selectman to hire, fix the compensation for, and discharge any Town employee at the department head level, who is not elected or appointed, other than an employee of the Board of Education; and the First Selectman or his delegate shall execute such decisions; (k) except as otherwise provided by law, to create such offices and Boards as it may deem desirable to carry out the powers, duties and responsibilities of the Board of Selectmen. Section 3.3 Procedure At its first meeting, to be held not later than two weeks following each biennial Town Election, the Board of Selectmen shall fix the time and place of its regular meetings and shall elect a Second Selectman when required under Section 4.2 of this Charter. Special meetings of the Board of Selectmen may be called by the First Selectman or by any two Selectmen with reasonable advance notice being given to the other member(s) of the Board. The Board shall by resolution determine its own rules of procedure, and all motions and proposals of a Board whose entire membership is more than three shall require a seconding motion in order to be considered by the Board. All meetings of the Board of Selectmen for the transaction of business shall be open to the public except where a legal executive session has been called. The votes of each member shall be recorded at the session at which they occur and reported in the minutes of such meeting. A majority of the members of the Board then in office shall constitute a quorum, and no ordinance, resolution or action, except a vote to adjourn or to fix the time and place of the next meeting, shall be adopted by less than a majority of the members then in office, voting in the affirmative. Section 3.4 Public Hearing On and Publication of Ordinances At least one public hearing, notice of which shall be given at least ten days in advance by publication in a newspaper having a general circulation in the Town and by posting a notice in a public place, shall be held by the Board of Selectmen before any ordinance shall be passed. -8-

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Every ordinance, after passage, shall be given a serial number and be recorded by the Town Clerk in a book to be kept for that purpose, and shall be properly indexed and available for inspection and copying by the public at reasonable hours. Within ten days after final passage, the text of each ordinance shall, except as otherwise provided in this Charter, be published once in its entirety in a newspaper having circulation within the Town. Every ordinance, unless it shall specify a later date, shall become effective on the twenty-first day after such publication following its final passage except if overruled as provided in Section 2.6 of this Charter. Section 3.5 Emergency Ordinances An ordinance adopted by the Board of Selectmen as a public emergency measure and stating the facts constituting such public emergency shall become effective immediately, and shall be published in a newspaper having a general circulation in the Town as soon as possible thereafter. No public hearing or notice of public hearing shall be required for any public emergency ordinance. Every such emergency ordinance including any amendments thereto, shall automatically stand repealed at the termination of the sixty-first day following final passage of said ordinance. Section 3.6 Coordination The Board of Selectmen shall coordinate the activities and operations of the Town Government and, from time to time, may convene joint meetings of Town agencies for such purposes, and/or may require such reports or information to be submitted by the agencies as the Board of Selectmen may deem necessary for such purposes. ARTICLE 4 FIRST SELECTMAN, SECOND SELECTMAN, TOWN ADMINISTRATOR Section 4.1 The First Selectman The First Selectman shall be the Chief Executive and Administrative Officer of the Town. The First Selectman shall be a full voting and participating member of the Board of Selectmen. He shall preside at meetings of the Board when present. -9-The First Selectman shall be an ex-officio member of all agencies of the Town, but without power to vote. He may, in writing, appoint a Selectman to be his representative on any agency of the Town, but without power to vote. The First Selectman shall be given reasonable notice of all meetings of all agencies. The First Selectman shall have all the powers, duties and responsibilities conferred upon that office by law which are consistent with this Charter, and, in addition, he shall have all the powers necessary or incidental to the discharge of his duties and responsibilities as set forth in this Charter. Under the general policy direction of the Board of Selectmen, the First Selectman shall have the following responsibilities: (a) Seeing that the administration of the agencies of the Town iscoordinated, except those functions expressly reserved ordelegated to such agencies by law,(b)the execution and carrying out of ordinances, resolutions,policies and other action voted by the Board of Selectmen orthe Town Meeting,(c)the hiring and with the prior concurrence of the Board ofSelectmen, dismissing of paid employees who are notelected or appointed officers or heads of departments.(d)coordination and guidance of the Board of Selectmen in thedischarge of all the Board’s duties and responsibilities.The First Selectman shall have the following responsibilities relating to the Annual Town Budget: (a) The First Selectman shall direct the preparation of hisbudget and its presentation to the Board of Selectmen.(b)At the annual required public hearings of the Board ofFinance on the budget, the First Selectman shall personallypresent the recommendations of the Board of Selectmenregarding the composition of the total budget and theindividual appropriations comprising such total budget for thefollowing fiscal year.-10-

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To assist in the discharge of the duties and responsibilities of his office, and of the Board of Selectmen, the First Selectman may assign and delegate duties and powers, but not responsibilities, to other Selectmen, to the Town Administrator, and to other officers responsible to him. The First Selectman shall be responsible for directing relationships with State, Regional, and Federal agencies which will or are likely to have an effect on the Town. Section 4.2 The Second Selectman Whenever the entire membership of the Board of Selectmen is more than three: (a) At the first meeting of the Board of Selectmen following the general election, the Board shall elect, from its membership, by majority vote, a “Second Selectman”, who, in the temporary absence of the First Selectman, shall: (i) Act as First Selectman “pro tem” and represent, but not be empowered to act for, the Town, at meetings, conventions or assemblies that would normally be attended by the First Selectman. (ii) Preside at regular or special meetings of the Board of Selectmen. (iii) Represent the Board of Selectmen at meetings of Town Boards or commissions, unless other members of the Board of Selectmen have previously been so designated. (iv) Preside at Town hearings. (v) Assume any other ceremonial duties normally assumed by the First Selectman. (b) In the event of the death, permanent disability, resignation or removal of the First Selectman, the Second Selectman shall serve as First Selectman until a new First Selectman is put in office pursuant to the General Statutes.* In the event the Second Selectman becomes the new First Selectman, a new Second Selectman shall be elected in accordance with (a) above. * At present the relevant portion of the General Statutes includes Title 9 Section 222. -11- Section 4.3 The Town Administrator There shall be a Town Administrator who shall report directly to the First Selectman and who, with the prior approval of the Board of Selectmen, shall be hired by the First Selectman, and, with the prior approval of the Board of Selectmen, shall be subject to dismissal by the First Selectman. The duties of the Town Administrator shall be: (a) To aid in recruiting and screening of personnel and to make recommendations relating thereto to the First Selectman; (b) To see that programs to evaluate employee performance are established and carried out on the basis of job descriptions, and to make recommendations relating thereto to the First Selectman for action; (c) To assist in preparing the budget by gathering the necessary data from the Town agencies and by compiling estimated budgets by the dates set forth in this Charter; (d) To aid the First Selectman in analyzing and reviewing programs, activities, and budgets and their short-term and long-term financial and cash flow implications; (e) To satisfy reasonable requests by other town agencies and officials to provide information at his disposal; (f) To carry out such other duties as the First Selectman shall assign to him, where such duties will not conflict with duties assigned by law, to town agencies other than the office of First Selectman. ARTICLE 5 ELECTIVE OFFICERS, BOARDS AND COMMISSIONS Section 5.1 General Powers and Duties All elective officers, boards and commissions ~hall have the powers and duties prescribed by the general law. -12-

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Section 5.2 Terms of Office Except as otherwise expressly provided in this Charter, the term of office for all elective officers and all members of elective Boards and Commissions shall be four years. All elective terms of office shall commence on the Tuesday following the date of election in each case. The Board of Selectmen-elect, elected at a regular Town election, shall, from the date of its election, exclusively have all powers of the Board of Selectmen to make appointments and fill vacancies in offices and memberships on boards, the terms of which extend beyond or commence after the Tuesday following the date of election. Section 5.3 Officers Elected for Two Year Terms At each biennial town election, the following officers shall be elected: (a) a First Selectman; the votes cast for the unsuccessful candidates for First Selectman shall be counted as votes for him or them as a member of the Board of Selectmen; (b) additional selectmen, in numbers sufficient to constitute the Board of Selectmen. (c) a tax collector. At each biennial State election, there shall be elected two registrars of voters, one from each major political party to hold office for the term of two years from the Wednesday following the first Monday of the January next succeeding their election. Section 5.4 Town Clerk There shall be an elective Town Clerk, whose term shall be four years. Section 5.5 Board of Education There shall be an elective Board of Education consisting of seven members, not more than four of whom shall be members of the same political party, each of whose term shall be four years. -13- Section 5.6 Board of Finance There shall be an elective Board of Finance consisting of seven members, not more than four of whom shall be members of the same political party and each of whom shall serve a six year term. No member of the Board of Finance shall be a member of any other agency specifically named in this Charter. Section 5.7 Board of Tax Review There shall be an elective Board of Tax Review consisting of three members, not more than two of whom shall be members of the same political party, each of whose term shall be four years. Section 5.8 Planning and Zoning Commission There shall be an elective Planning and Zoning Commission consisting of seven members, not more than four of whom shall be members of the same political party, each of whose term shall be four years. Section 5.9 Zoning Board of Appeals There shall be an elective zoning Board of Appeals consisting of five regular members, not more than three of whom shall be members of the same political party, and three alternate members, not more than two of whom shall be members of the same political party. At the election to be conducted in November, 1981, one member shall be elected for a term of two years. At the election to be conducted in November, 1983, two members shall be elected for a term of two years. At the same election, three members shall be elected for a term of four years. At each biennial election thereafter, members shall be elected for a term of four years to succeed those whose terms shall have expired. At the election to be conducted in November, 1981, three alternates shall be elected for a term of four years. Thereafter, alternates shall be elected every four years.* Section 5.10 Board of Police Commissioners There shall be an elective Board of Police Commissioners consisting of seven members, not more than four of whom shall be members of the same political party. At the biennial election to be conducted in November, 1981, four members shall be elected, each for a term of four years. At each biennial election thereafter members shall be elected for a term of four years * At present the General Statutes 8-5 and 8-5(a) include provisions relating to the Zoning Board of Appeals and its membership, including alternates. -14-

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to succeed those members whose terms shall have expired, so that such board shall thereafter consist of seven members, each of whom is to be elected for a term of four years. No member of the Board of Police Commissioners shall hold any paid or any other elective office of the Town of Weston. Section 5.11 Justices of the Peace There shall be ten Justices of the Peace, no more than five of whom shall be members of the same political party, whose term of office shall begin on the first Monday of the January succeeding their election and continue until the first Monday of January four years thereafter. Section 5.12 Compensation; Expenses; Levies (a) The salary of the First Selectman shall be recommended by the Board of Selectmen, acting without his vote, and such amount shall be included in that Board’s annual request for appropriations. The amount of compensation, if any, to be paid to the Selectmen shall be proposed by the Board of Selectmen, approved by the Board of Finance, and included in the Board of Selectmen’s annual request for appropriations. The amount of compensation, if any, to be paid to other elected officers or members of elected boards shall be as provided in the General Statutes, applicable Special Acts, ordinances and resolutions, or in absence thereof, shall be as recommended by the Board of Selectmen, and subject to normal budgetary approval processes, shall be included in the annual requests for appropriations of said Agencies, and, if necessary, as otherwise provided for in this Charter. (b) Necessary non-budgeted out-of-pocket expenses of an elected officer or member of an elected board, actually incurred in connection with the performance of his duties, shall be paid by the town upon the requisition of such officer or board in writing, upon the approval of the Board of Selectmen. (c) The rate of compensation of the First Selectman and the other Selectmen shall not be changed during his or their term. (d) All fees, fines and levies of every kind paid to or on behalf of any elected officer or board shall, to the extent not otherwise provided by General Statutes, applicable Special Acts, ordinances and resolutions, promptly be remitted to the Treasurer and added to the general fund of the town. -15- ARTICLE 6 ELECTIONS Section 6.1 General Nomination and election of federal and state officers, including registrars of voters, and of such elective town agencies as are provided for in this Charter shall be conducted, and the Registrars of Voters shall prepare lists of resident electors to vote therefore, in the manner prescribed in the Constitution and the general law of the State of Connecticut, except as hereinafter provided. Election of Town officers shall be held on the first Tuesday after the first Monday in November in the odd numbered years, and biennially thereafter. Section 6.2 Voting Districts There shall continue to be one voting district as the same existed on the effective date of this Charter. The number of such districts shall not be increased or diminished, nor their boundaries altered, except by ordinance of the Board of Selectmen approved by a majority of the electors voting thereon at a regular biennial election of town officers. The Board of Selectmen shall provide suitable polling places in the district, or districts, and shall define the boundaries of the area to be served by each polling place. The Selectmen, Town Clerk, Registrars of Voters and all other officers of the Town shall perform the duties required of them by law with respect to elections in the voting district. Section 6.3 Voter Registration Registration of voters shall be effected by a board for admission of electors in accordance with Section 9-l5a of the General Statutes, which board shall consist of the Town Clerk or Assistant Town Clerk and the Registrars of Voters. Section 6.4 Eligibility for Office Each elected officer of the town shall be an elector and if, for any reason, he ceases to be an elector of the town, he shall thereupon cease to hold office therein; and such office shall be deemed vacant. -16-

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Candidates for election to Town office shall include either of the following: (a) any resident elector who has been nominated by a political party in accordance with the provisions of the General Statutes; (b) any resident elector whose name has been added to the list of candidates in compliance with the General Statutes* Section 6.5 Breaking a Tie Except as otherwise provided in this Charter, when any regular or special Town election, primary election or referendum conducted pursuant to the provisions of this Charter results in a tie, an adjourned election shall be conducted to determine who shall be elected, or in the case of a question at referendum whether it shall be accepted or rejected. Said adjourned election or referendum shall be held on the seventh day after the published date of the election or referendum which resulted in a tie and shall be confined to the tied candidates or issues. Section 6.6 Vacancies Except as otherwise provided in the General Statutes and this Charter, any vacancy in an elective Town office, board or commission, shall be filled by appointment by the Board of Selectmen for the unexpired portion of the term or until the next biennial election, whichever shall be sooner; provided, that when the persons vacating the office shall have been elected as a member of a political party, such vacancy shall be filled by the appointment of a member of the same political party. If there is a biennial election before the expiration of the term of any office in which a vacancy occurs, such office shall be filled until said election by appointment as provided herein and subsequently by the election of a person to fill that office for the remaining portion of the term, and such persons shall take office upon election. Section 6.7 Removal Removal of any elected official shall be in accordance with the general law. *At present, the petitioning procedure for elected candidates is included in the General Statutes, Title 9, Section 453a through 453s. -17- ARTICLE 7 APPOINTIVE OFFICERS, BOARDS AND COMMISSIONS Section 7.1 Appointing Authority; Appointive Officers, Boards and Commissions; and Terms of Office Subject to the provisions of this Article, within thirty days after the Tuesday next following the date of its election, the Board of Selectmen shall, by a majority vote of the entire Board, appoint the following officers, boards and commissions to the following terms of office; and such other officers, boards, and commissions as are provided by Town ordinance to the terms provided in each such ordinance: (a) To a Two Year Term of Office (i) A Treasurer, who shall also be the Agent for Town Deposit Fund. (ii) An Assistant Treasurer (iii) A Fire Marshal (iv) A Civil Preparedness Director and Advisory Council (v) A Constable (vi) A Town Attorney (b) To a Four Year Term of Office (v) An Assessor (ii) A Building Inspector (iii) A Library Board (iv) A parks and Recreation Commission (v) A Conservation Commission In addition, the Board of Selectmen shall appoint members of a Jury Committee, a Historic District Commission, a Building Board of Appeals, a Tree Warden, a Dog Warden, all as provided by the General statutes, and a Panel of Moderators. In the case of appointment to a four year term of office, such appointment shall not be made until the term of office of any predecessor to such appointee shall have expired. All appointees must meet any statutory condition prerequisite to their qualification. All such appointees shall take office on the day of their appointment and qualification and shall serve until their respective successors shall have been appointed and shall have qualified. -18-

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Section 7.2 Establishment of New Offices, Boards and Commissions The Board of Selectmen may establish such other Town officers, boards and commissions, with such membership, as they may determine are necessary or proper for the general welfare of the Town. Section 7.3 Vacancies and Removals Vacancies in appointed agencies shall be filled for the unexpired term in the same manner as appointments are made, unless otherwise provided in the statutes, ordinance or resolution creating the same; provided, that when the persons vacating the office shall have been recommended by a political party, such vacancy shall be filled only from among persons recommended by that same political party. Except as otherwise provided by law, any appointive officer or any member of a board or commission appointed by the Board of Selectmen may be removed from office or from membership on such board or commission by the Board of Selectmen upon an affirmative vote of a majority of the entire Board, at least one of whom shall be of the same party as the person so removed. If the person removed has no party affiliation, he may be removed upon an affirmative vote of a majority of the entire Board of Selectmen. No person shall be removed without reasonable notice thereof and the opportunity to appear before the Board of Selectmen at a public hearing thereon by himself, or by or with counsel, which hearing shall take place not less than five days, nor more than fifteen days after notice to such person. Section 7.4 General Powers and Duties All appointive officers, boards and commissions shall have the powers and duties prescribed by law, including the General Statutes, applicable Town ordinances, and this Charter. Section 7.5 Town Attorney The Town Attorney shall be an attorney at law admitted to practice law in the Courts of the State. He shall appear for and protect the rights of the Town in all actions, suits, or proceedings brought by or against it or any of its agencies. He shall be the legal advisor to all Town officers or agencies in all matters affecting the Town and shall, upon written request, furnish them with a written opinion on any questions of law involving their respective powers and duties. Upon request he shall prepare or approve forms of contracts or other instruments to which the Town is a party or in which it has an interest. -19- He shall have power, with the approval of the Board of Selectmen, to compromise or settle any claims by or against the Town, and, Subject to the prior approval of the Board of Selectmen and the particular agency involved, to appeal from orders, decisions and judgments. In the event of disqualification of the Town Attorney or conflict of interest in a particular case, the Board of Selectmen shall appoint other counsel to represent the Town and/or its various officers, board and commissions, as required. However, if the Board of Selectmen, or any Selectman, is an adversary party to the Town and/or any of its various officers, boards, or commissions, in that particular case, such counsel shall be appointed for the latter by the Board of Finance. The Town shall be under no obligation to supply counsel for any person with respect to any allegation of wrongdoing in office for personal gain. Section 7.6 Building Inspector The Building Inspector shall complete and pass satisfactorily the State of Connecticut examination available for this purpose. Section 7.7 Assessor The Assessor shall complete and pass satisfactorily the State of Connecticut examination available for this purpose. Section 7.8 Library Board There shall be a Library Board of nine members, no more than five of whom shall be members of the same political party. Section 7.9 Parks and Recreation Commission The existing Recreation Commission shall become the Parks and Recreation Commission. It shall consist of seven members, no more than four of whom shall be members of the same political party. Section 7.10 Conservation Commission There shall be a Conservation Commission consisting of seven members, not more than four of whom shall be members of the same political party. The Conservation Commission shall be the Town agency which implements "The Inland Wetlands and Water Courses Act" and all applicable regulations adopted pursuant thereto including those adopted by Town ordinance. -20-

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Section 7.11 Historic District Commission There shall be a Historic District Commission of five regular members, not more than three of whom shall be members of the same political party, and two alternate members, not more than one of whom shall be a member of the same political party, each of whose term shall be five years. Section 7.12 Building Board of Appeals There shall be a Building Board of Appeals of five members, not more than three of whom shall be members of the same political party, each of whose term shall be five years.* Section 7.13 Panel of Moderators (a) General provisions There shall be a panel of moderators of four members, not more than two of whom shall be members of the same political party, each of whom shall serve for a term of four years. All reasonable steps should be taken to seek out qualified moderators for inclusion on the panel, and unaffiliated voters shall be invited to submit their names for consideration. Each moderator shall be an elector of the Town which shall have a working knowledge of or a demonstrable ability to easily comprehend basic parliamentary procedure and specifically, Robert’s Rules of Order. Following their appointment, the Panel of Moderators shall meet to draft a common set of procedures to be used at all Town Meetings, using Robert’s Rules of Order as a guideline. This shall be called “Weston Town Moderators Handbook”. Periodically, the panel of moderators shall meet to discuss and, if necessary, revise, add or delete procedures in this handbook. (b) Selection of a Recommended Moderator for Any Town Meeting Not less than ten days prior to any Town Meeting; the Board of Selectmen shall nominate, by majority vote, from the Panel of Moderators a member to serve as moderator and a member to serve as alternate moderator for such Town Meeting. All reasonable care shall be taken to avoid conflicts of interests in these selections. The name of the member so nominated as moderator shall be published in the local newspaper and included in the call of the Town Meeting, if possible. Prior to the Town Meeting, such member shall meet with the Board of Selectmen to discuss procedures, conduct and possible problems that might arise during the course of the Town Meeting. At the Town Meeting, other persons may be nominated as moderator, and the Town Meeting shall elect its moderator. *At present the relevant portion of the General Statutes is Title 19 Section 402. -21- The Board of Selectmen shall nominate members of the Panel of Moderators on a rotational basis so that they shall act as nearly equal a number of times as possible. Section 7.14 Compensation; Expenses, Levies (a) The amount of compensation, if any, to be paid to appointed officers and members of appointed boards shall be set as provided in General Statutes, applicable Special Acts, ordinances and resolutions, and in absence thereof, by the Board of Selectmen, and shall be included in the annual requests for appropriations of said Agencies, and, if necessary, as otherwise provided for in this charter. (b) Necessary non-budgeted out-of-pocket expenses of an appointed officer or member of an appointed board, actually incurred in connection with the performance of his duties, shall be paid by the town upon the requisition of such officer or board in writing, upon approval of the Board of Selectmen. (c) The rate of compensation of the holder of any appointed officer or member of any appointed board shall not be decreased during his term of office. (d) All fees, fines and levies of every kind paid to or on behalf of any appointed officer or board shall, to the extent not otherwise provided by General Statutes, applicable Special Acts, ordinances and resolutions, promptly be remitted to the Treasurer and added to the general fund of the town. ARTICLE 8 FINANCE AND TAXATION Section 8.1 Preliminary Budget Estimates The head of each agency of the Town supported wholly or in part from Town funds, or for which a specific Town appropriation is made, shall on or before January 14th, except the Board of Education which shall on or before February 3rd, file with the First Selectman on forms provided by him, a detailed estimate of the expenditures to be made by his office or agency and the revenue, other than tax revenues, to be collected thereby in the ensuing fiscal year. Such estimates shall be accompanied by a statement setting forth, in narrative or such other form as the First Selectman may prescribe, a program or programs showing services, activities and work accomplished during the current year and to be accomplished during the ensuing year. -22-

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Section 8.2 Duties of the First Selectman on Budget It shall be the duty of the First Selectman to compile preliminary estimates for the annual budget. Not later than February 10th, the First Selectman shall present to the Board of Selectmen a proposed budget consisting of (a) a budget message outlining the proposed financial policy of the Town government, describing in connection therewith the important features of the proposed budget plan indicating any major changes from the current year in financial policies, expenditures and revenues together with the reasons for such changes, and containing a clear general summary of its contents; (b) estimates of revenue, presenting in parallel columns the itemized receipts collected in the last completed fiscal year, the receipts collected during the current fiscal year prior to the time of preparing the estimates, the receipts estimated to be collected during the current fiscal year, and estimates of the receipts, other than from the property tax, to be collected in the ensuing fiscal year and an estimate of the available surplus; (c) itemized expenditures for each office or agency for the last completed fiscal year and expenditures for the current fiscal year prior to the time of preparing the estimates, total expenditures as estimated for the current fiscal year, and the First Selectmen’s recommendations for the ensuing fiscal year for all items except those of the Board of Education which he shall transmit to the Selectmen as submitted to him by such board. The First Selectman shall present reasons for all of his recommendations; (d) as part of the budget of the First Selectman he may present a program previously considered and acted upon by the Town Planning and Zoning Commission in accordance with section 8-24 of the General Statutes, of proposed municipal improvement projects for the ensuing fiscal year and for the five fiscal years thereafter. Estimates of the costs of such projects shall be submitted by each agency annually in the form and manner prescribed by the First Selectman; (e) the First Selectman shall recommend to the Board of Selectmen those capital projects to be undertaken during the ensuing fiscal year and the method of financing same. -23- Section 8.3 Duties of the Board of Selectmen on Budget The Board of Selectmen shall review the preliminary budget prepared by or for the First Selectman and that of the Board of Education. The proposed Selectman’s budget, including such alterations or changes deemed necessary by the Board of Selectmen, shall be presented to the Board of Finance not later than February 25th. At the same time, they shall also present to the Board of Finance the budget proposal of the Board of Education, but such alterations or changes to it as are desired by the Board of Selectmen shall be in the form of recommendations only. Section 8.4 Duties of the Board of Finance on the Budget, the Annual Town Budget Meeting and Budget Process After the Board of Finance has received from the Board of Selectmen the recommended appropriations of the Board of Selectmen and the Board of Education, (a) the Board of Finance shall hold one or more public hearings at least two weeks before the date of the Annual Town Budget Meeting, at which any elector or taxpayer may have an opportunity to be heard regarding the recommended appropriations for the ensuing fiscal year. At least ten days in advance of any such public hearing, the Board of Finance shall cause to be published in a newspaper having general circulation in the Town a notice of such public hearing, together with the amount of the proposed appropriations of the Board of Selectmen and, the proposed appropriations of the Board of Education, in condensed form. Sufficient copies of said proposed appropriations shall be made available for general distribution in the office of the Town Clerk and at the public hearing. (b) After said hearings the Board of Finance shall make such revisions to the proposed appropriations as submitted by the Board of Selectmen and the Board of Education as said Board of Finance deems advisable and shall thereafter recommend said proposed appropriations, as amended, if amended, to the Annual Town Budget Meeting. (c) The Notice and Call of the Annual Town Budget Meeting shall be published at least five days prior to such Meeting in a newspaper having general circulation in the Town and by posting such Notice and call in a public place. Such published and posted Notice and Call shall be accompanied by a separate tabulation in condensed form of the proposed appropriations as recommended by the Board of Finance for the ensuing fiscal year. -24-

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(d) Said proposed appropriations as tabulated shall be in more detail than, but shall not be inconsistent with the Notice and Call of the Annual Town Budget Meeting, and it shall be the responsibility of the Town Clerk to see that these requirements are complied with. Sufficient copies of said proposed appropriations as recommended by the Board of Finance and as tabulated shall be made available for general distribution in the office of the Town Clerk at least five days prior to the Meeting and at the Annual Town Budget Meeting. Any other budget information which is distributed to voters at the Annual Town Budget Meeting shall not be inconsistent with the Notice and call of said Meeting and shall be in the same sequence. (e) The Notice and Call of the Annual Town Budget Meeting, (1) shall list the line items which the said Meeting is legally entitled to amend, namely, the proposed individual agency appropriations of the Board of Selectmen's budget, the proposed Board of Education's budget as one line item, the proposed Contingency Fund and the proposed Reserve Fund for Capital and Non-recurring Expenditures, and the proposed allocations among Town agencies of any Federal revenue-sharing receipts and the proposed Total Annual Town Budget; all as recommended by the Board of Finance for the ensuing fiscal year; and (2) shall state the proposed rate of taxation, indicating the portion attributable to uncollectable taxes, as recommended by the Board of Finance for the ensuing fiscal year; and (3) in its preamble shall state who is legally entitled to vote in the Annual Town Budget Meeting in the same terms as are used in this Charter; and (4) shall contain any other information required by the General Statutes or this Charter. Sufficient copies of said Notice and Call shall be made available for general distribution in the office of the Town Clerk and at the Annual Town Budget Meeting. (f) The Annual Town Budget Meeting shall consider and discuss said proposed appropriations as recommended by the Board of Finance and shall take action upon the same as follows: (i) At the Annual Town Budget Meeting, no appropriation shall be made exceeding that for the same purpose recommended by the Board of Finance, or for any other purpose not recommended by the Board of Finance. (ii) Any individual appropriation that is listed on the Notice and call of the Meeting may be reduced to an amount less than that recommended by the Board of Finance at the Annual Town Budget Meeting by an affirmative vote of a majority or -25- more present and voting at such Meeting. NO motion shall be entertained by the moderator to reduce the sum of appropriations in the Selectmen’s Budget or of all appropriations recommended by the Board of Finance or as amended, unless such motion specifies the individual line item in the Notice and Call proposed to be reduced accompanied by the amount of such proposed reduction; and the Notice and Call of the Meeting shall specify this restriction. (iii) After consideration of all proposed appropriations and action upon all amendments thereto has been completed, the moderator shall entertain a motion to approve the total Annual Town Budget for the ensuing fiscal year as recommended by the Board of Finance, as amended, if amended, by the Meeting. If a majority of qualified voters present and voting shall vote in the affirmative on such motion, said Annual Town Budget shall be deemed adopted for the ensuing year, subject however to the provisions of paragraphs (g) to (i) of this Section; but if a majority of qualified voters present and voting shall vote in the negative on such motion, the moderator shall recognize motions to further amend the recommended appropriations listed in the Notice and Call of the Meeting; and the Annual Town Budget Meeting shall continue in this manner until said Meeting has adopted an Annual Town Budget for the ensuing fiscal year in which the Total Annual Town Budget is equal to the sum of the individual appropriations. (g) (i) In the event that after the Notice and Call is published and at least twenty-four hours before the Annual Town Budget Meeting is to be convened, a valid petition for a machine ballot is filed pursuant to Section 7-7 of the Connecticut General Statutes, said Meeting shall be convened and shall discuss all items in the Notice and Call and shall act on only those items not so petitioned, and in the event that the recommended Total Annual Town Budget has been so petitioned, the Annual Town Budget Meeting shall discuss but shall not act on any item in the Notice and Call. Not less than seven nor more than fourteen days after the Annual Town Budget Meeting, the petitioned items shall be voted upon by machine ballot in accordance with the said Section 7-7 of the General Statutes. -26-

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(ii) Not less than seven nor more than ten days after such machine balloting, the Annual Town Budget Meeting shall be reconvened pursuant to its original Notice and Call, and taking under advisement the results of said balloting, shall proceed to consider and act upon all items not already acted upon by said Meeting when originally convened, but this shall not preclude said Meeting from reconsidering and acting upon items in the Notice and Call already acted upon. Public notice shall be given of the time and place for the reconvened Meeting, but such notice, being a continuation of the originally convened meeting, shall not include a Call. (iii) Ten days after the Annual Town Budget Meeting, if no petition was filed under Section 7-7 of the General Statutes, or ten days after the reconvened Annual Town Budget Meeting if such a petition was filed, and if a valid petition for a post-Annual Town Budget Meeting has not been filed by that time, the Annual Town Budget for the ensuing fiscal year as voted by the Annual Town Budget Meeting, or reconvened Annual Town Budget Meeting, as the case may be, shall be deemed adopted. (h) (i) But if within ten days following the Annual Town Budget Meeting or the reconvened Annual Town Budget Meeting, a valid petition for a referendum is filed against one or more actions of said Meeting, such action or actions shall be subject to a "Yes" or "No" machine ballot at a referendum to be held between the hours of 6:00 AM and 8:00 PM on a day not less than seven nor more than fourteen days after said petition is filed. Said petition, to be valid, shall be in the form "Shall the action of the Annual Town Budget Meeting on (here insert the date) as to (here insert the line item or items, and/or the Budget Total) be nullified and resubmitted to a reconvened Town Budget Meeting for further consideration and action", and shall have been signed by at least five percent of the qualified voters. The Town Clerk shall supply the voting labels for such referendum. (ii) After the polls are closed, the moderator, or in the absence of the elected moderator, a substitute moderator appointed by the Clerk of the Town Meeting from the Panel of Moderators, shall cause the vote to be counted, and if a -27- majority vote “Yes” on any item, it shall be deemed to have nullified the action of the Annual Town Budget Meeting on that item and the item shall stand as not having been adopted; otherwise it shall be deemed to have been adopted. (iii) As to any action of the Annual Town Budget Meeting which has been nullified by a majority vote, in a valid post-Town Budget Meeting referendum, not less than seven nor more than ten days after such referendum, the Annual Town Budget Meeting shall be reconvened and shall take action on all such items and only such items as were so voted, and if necessary on the Total Annual Budget, and its actions shall be deemed final in adopting the Annual Town Budget for the ensuing year. In acting on an amendment which has received a majority vote of “Yes” at said referendum, the reconvened Annual Town Budget Meeting may increase the item up to the amount recommended by the Board of Finance for that item or up to a smaller sum or may further amend it downward. Public notice shall be given of the time and place for the reconvened Meeting, but such notice, being a continuation of the originally convened Meeting, shall not include a Call. (i) In the event that the Annual Town Budget has not been adopted by July 1 of any year, the budget appropriations of the previous year shall serve as an interim budget to allow for the continued operation of Town services; and, the provisions of Sections 2.4 and 2.5 of this Charter non-withstanding, the Board of Selectmen, with the approval of the Board of Finance, for up to October 1st of the year in question and from month to month thereafter until the Annual Town Budget has been approved, may meet the obligations of the Town in accordance with said interim budget (1) by borrowing funds by way of tax anticipation notes, or (2) by taxation at a mill rate set by resolution of the Board of Selectmen, or (3) by drawing upon funds in possession of the Town, or (4) by a combination of two or more of these means; provided that if option (1) or option (2), or a combination of them, is utilized, then within ten days after the Annual Town Budget has been approved the mill rate shall be fixed sufficient to fund the total anticipated obligations of the Town during the remainder of the fiscal year, including the repayment of all tax anticipation notes outstanding.* (j) An official copy of the Annual Town Budget as finally approved shall be filed by the Board of Finance with the Town Clerk within one week following final approval. Within ten days after the approval of the Annual Town Budget, the Board of Finance shall, by resolution, fix the tax rate in mills which shall be levied on the taxable property in the Town for the ensuing fiscal year. *In this connection, see C.G.S. 7-405, 12-123 and the Raake Case, 349 A2d 150 -28-

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Section 8.5 Additional and Supplemental Appropriations The Board of Selectmen shall have the power to make: (a) an appropriation or appropriations in addition to those provided in the annual budget for any agency in a sum not exceeding $5,000 in a fiscal year, provided that the total sum so appropriated for all agencies in any fiscal year shall not exceed $50,000; (b) with the approval of the Board of Finance, supplemental appropriations beyond those appropriated in (a) above, for one or more specific purposes, provided the total sum appropriated under this Subsection (b) in any fiscal year shall not exceed two percent of the current tax levy. Funds for such additional and supplemental appropriations shall, as directed by the Board of Selectmen, be provided from the following: (a) available unappropriated and unencumbered general fund cash balance; or (b) if for a capital expenditure, the appropriation may also be made from the Reserve Fund for capital and Non-recurring expenditures; or (c) Contingency Fund; or (d) by borrowing, in which event the amount so borrowed shall be repaid from the taxes next levied. Section 8.6 Extraordinary Appropriations Any Town agency may apply at any time for an extraordinary appropriation, not otherwise provided for in this Charter, in accordance with the procedure set forth in this section. (a) The agency application shall be in writing and state the nature and amount of the appropriation requested, and shall be filed with the Board of Selectmen and the Board of Finance. Within thirty days after the filing of such application, the Board of Selectmen shall make its recommendation to the Board of Finance, and within thirty days thereafter the Board of Finance shall either approve or deny the application. If recommended by the Board of Selectmen and approved by the Board of Finance, the requested appropriation shall be made in accordance with the -29- provisions of Sections 2.4(b) and 2.5 or Section 8.5 of this Charter, whichever shall be applicable. (b) If the application is disapproved by either the Board of Selectmen or the Board of Finance, the agency may within twenty days require that its application be submitted to a Special Town Meeting, which the Board of Selectmen shall call. (i) At such Town Meeting, if not less than ten percent of the qualified voters are present and voting, and a majority thereof shall vote in favor of the requested appropriation, the appropriation shall be deemed adopted, and the approval of the Board of Selectmen, or the Board of Finance, or both, shall not be necessary. (ii) But if pursuant to Section 7-7 of the Connecticut General Statutes, a petition for a machine ballot is filed against the Call of such Town Meeting, such machine ballot shall be held in the manner set forth in Section 2.5 of this Charter, except that the re quested extraordinary appropriation shall be deemed approved by the Town Meeting only if a majority of at least ten percent of the qualified voters vote in favor of such appropriation. (c) Any such extraordinary appropriation adopted prior to the fixing of the tax rate for the current year, as provided in Section 8.4 of this Charter, shall be included in the amount to be raised by such tax. If such appropriation is adopted after the fixing of the tax rate, the funds for it shall be obtained by borrowing, unless otherwise provided in the vote thereon, and the amount so borrowed shall be repaid from the taxes next levied. Section 8.7 Expenditures and Accounting (a) No purchases shall be made by any agency, other than the Board of Education, and the Library Board for books or periodicals, except through the First Selectman. (b) No voucher, claim or charge against the Town, except the Board of Education, shall be paid until the same has been audited by the First Selectman and approved by him for correctness and validity. Checks shall be drawn by the First Selectman for the payment of approved claims and shall be valid only when countersigned by the Treasurer. -30-

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In the absence or inability to act of either the First Selectman or the Treasurer with respect to the above duty, the Board of Selectmen shall designate a Selectman to substitute temporarily for the First Selectman and the Assistant Treasurer shall act for the Treasurer. (c) When any agency, except the Board of Education, shall desire to transfer funds within its appropriation from funds set apart for one specific purpose to another, before making any expenditure thereof such agency shall first obtain the approval of the First Selectman and thereafter make application to the Board of Selectmen and the Board of Finance, and upon approval of the Board of Selectmen and The Board of Finance such transfer may be made, but not otherwise. (d) The First Selectman, with the approval of the Board of Selectmen and the Board of Finance, may, within the last three months of the Fiscal Year, transfer surplus funds from the appropriations of one or more agencies, with prior consent of such agency(s), to the appropriations of one or more other agencies, but only for purposes for which the receiving agency or agencies were authorized to expend appropriated funds during the Fiscal Year. (e) Appropriations for construction or other permanent improvements, from whatever source derived, shall not lapse until the purpose for which the appropriation was made shall have been accomplished or abandoned, provided any such project shall be deemed to have been abandoned if three fiscal years shall have elapsed without any expenditure from or encumbrance of the appropriation therefore. Any portion of an annual appropriation remaining unexpended and unencumbered at the close of the Fiscal Year shall lapse. (f) Every payment made in violation of this Charter shall be deemed illegal and every official authorizing or making such payment or taking part therein and every person receiving such payment or any part thereof shall be jointly and severally liable to the Town for the full amount so paid or received. If any officer or employee of the Town shall knowingly incur any obligation, or shall authorize or make any expenditure in violation of the provisions of this Charter, or take any part therein, such action shall be cause for his removal and such other sanctions as may be prescribed by law. Section 8.8 Power to Incur Indebtedness The Town shall have the power to incur indebtedness by issuing its bonds or notes as provided by the General Statutes subject to the limitations thereof and the provisions of Sections 2.4, 2.5, 8.4, 8.5 and 8.6 of this Charter. -31- Section 8.9 Contributions The Town shall make no contribution to any person, organization or private corporation unless authorized by General Statute and with the approval of the First Selectman, the Board of Selectmen and the Board of Finance. ARTICLE 9 CONFLICT OF INTEREST AND TRANSITION Section 9.1 Conflict of Interest No member or employee of any board or agency of the Town shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in any contract or purchase order for supplies, materials, equipment or contractual services furnished to or used by such board or agency. Neither any member of the Board of Selectmen or Board of Finance, nor the Treasurer, Town Clerk or Town Administrator shall be financially interested, or have any personal beneficial interest, either directly or indirectly, in any contract or purchase order for supplies, materials, equipment or contractual services furnished to or used by the Town or any of its boards or agencies. Neither the Treasurer, Town Clerk, Town Administrator, nor any member or employee of any board or agency of the Town shall accept or receive directly or indirectly, from any person, firm or corporation to which any contract or purchase order may be awarded by the Town, by rebate, gifts or otherwise, any money, or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation. None of the foregoing shall apply with respect to mere shareholding in any publicly owned company whose stock is traded on any major stock exchange. Any violation of this Section (1) shall render any such transaction voidable by the Board of Selectmen, or by the Board of Finance if the violation involves a Selectman, and (2) may be cause for dismissal or removal from office, civil prosecution, and/or criminal prosecution: all as the law may allow. Section 9.2 Existing Laws and Ordinances All ordinances of the Town shall continue in full force and effect, except insofar as they are inconsistent with the provisions of this Charter. All special acts or parts of special acts relating to the Town of Weston, except those expressly retained by or in the provisions of this Charter are repealed. The following special acts or parts thereof are retained: -32-

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Resolution of the Second Thursday of October 1787, incorporating the Town of Weston; Act of July 22, 1875 to set off Weston to the Probate District of Westport; Resolution of March 9, 1877 establishing and continuing the line between the towns of Weston and Wilton; Section 9.3 Agency Records and Property The records and property of existing agencies shall become the records and property of successor agencies established under this Charter and such successor agencies shall have the same duties and powers their predecessors had, except as otherwise specifically provided in this Charter. Section 9.4 Legal proceedings No action or proceeding, civil or criminal, pending on the effective date of this Charter, brought by or against the Town or any agency thereof, shall be affected or abated by the adoption of this Charter or by anything herein contained; but all such actions or proceedings may be continued notwithstanding that functions, powers and duties of any agency party thereto may by or under this Charter be assigned or transferred to another agency, but in that event the same may be prosecuted or defended by the head of the agency to which such functions, powers, and duties have been assigned or transferred by or under this Charter. ARTICLE 10 CONDUCT OF BUSINESS, ELECTED AND APPOINTED BOARDS AND COMMISSIONS Section 10.1 Chairmen and vice-Chairmen Except as otherwise provided by law, a Chairman and Vice-Chairman of each Board or Commission shall be elected each year by the membership of that Board or Commission, not later than January -33- 1st; provided, however, that at no time after the General Election next following the passage of this Charter provision, shall any person be eligible to be elected as Chairman who has served in that office for eight or more successive years. This section shall not apply to the Board of Selectmen. Any newly constituted Board or Commission shall elect a Chairman and Vice-Chairman by its second meeting. Section 10.2 Minutes Special Act No. 151 of 1921 Special Act No. 84 of 1933 Special Act No. 149 of 1933 Special Act No. 567 of 1939 Special Act No. 620 of 1955 Special Act No. 27 of 1979. Each board and commission shall make, keep and maintain a record of the proceedings of its meetings. The vote of each member upon any issue at such meeting shall be recorded and made available for public inspection within forty-eight hours, excluding any Saturday, Sunday or legal holiday, and shall also be recorded in the minutes of the session at which taken, which minutes shall be available for public inspection within seven days of the session to which they refer. Such minutes shall be kept in the office of the Town Clerk. Section 10.3 Executive Sessions Each board or commission may hold an executive session from which the public is excluded upon an affirmative vote of two-thirds of the members of such body present and voting, taken at a public meeting and stating the reasons for such executive session, provided the executive session is held for the purposes set forth in the General Statutes, as amended.* At an executive session, attendance shall be limited to members of the body and persons invited by the body to present testimony or opinion. Such persons may only remain during the period in which their presence is necessary to present such testimony or opinion and the minutes of the executive session shall disclose all persons in attendance. *At present, the follow1ng provisions from the General Statutes Title 1 §18a(c) are applicable: ARTICLE 11 MINORITY REPRESENTATION Except as specifically provided in this Charter, the maximum number of any agency, elective or appointive, who may be members of the same political party will be as specified in the General Statutes.* -34-

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Footnote continued: (a) discussion concerning the appointment, employment, performance, evaluation, health or dismissal of a public officer or employee, provided that such individual may require that discussions be held at an open meeting; (b) strategy and negotiations with respect to pending claims and litigation; (c) to consider matters concerning security strategy or the deployment of security personnel, or devices affecting public security; (d) to discuss the selection of a proposed real estate site purchase or lease if publicity regarding such information would cause a likelihood of increased cost of the property under consideration; (e) to discuss the matters described in Sec. 1-19(b) of the General Statutes. *At present, Minority representation provisions are included in General Statutes, Title 9, Sections lBB (Selectmen) and 204, (Board of Education), and Section 167a which includes the following list: Total Membership Membership from one Party 3 2 4 35 4 6 4 7 58 5 9 6 more than 9 Two-thirds of total membership ARTICLE 12 MISCELLANEOUS PROVISIONS Section 12.1 Amendment of Charter This Charter may be amended in the manner prescribed by law. -35- Section 12.2 Saving Clause If any section or part of any section of this Charter shall be held invalid by a court of competent jurisdiction, such holding shall not affect the remainder of this Charter nor the context in which said section or part thereof so held invalid may appear, except to the extent that an entire section or part of a section may be inseparably connected in meaning and effect with the section or part of a section to which such holding shall directly apply. Section 12.3 General Laws All general laws of the State of Connecticut applicable to towns shall continue in full force and effect, except insofar as the provisions of this Charter can legally be and are inconsistent therewith. Section 12.4 Effect of Changes in General Statutes The provisions of this Charter shall automatically change concurrently with changes in corresponding sections of the General Statutes, except to the extent that, as a matter of law, the provisions of this Charter may be and remain inconsistent therewith. Section 12.5 Transitions To accommodate changes according to this Charter from prior law as to elective versus appointive offices, as to changes in terms of offices, and as to changes in the number of members on any given board, commission or other agency, the following shall obtain following the effective date of this Charter: (a) Each person duly holding office as of said date, whose term has not expired, shall continue to hold such office until the end of that term for which he was in office immediately prior thereto, or until earlier vacating same by virtue of resignation, death, ineligibility, removal from office, or other cause. (b) As each office is vacated pursuant to (a) above, steps will be pursued which are consistent with causing the provisions of this Charter to be implemented at the earliest possible date: -36-

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(i) Vacancies in formerly appointive offices which are to be elective under the terms of this Charter shall be filled by election at the next ensuing biennial election, with any interim vacancies being filled by appointment in accordance with this Charter. (ii) Vacancies in formerly elective offices which are to be appointive under the terms of this Charter shall be filled by appointment in accordance with this Charter as they occur. (iii) Paragraphs (i) and (ii) above notwithstanding, any increase in the number of members of any Board or Commission shall be accommodated at the biennial election next following the effective date of this Charter if elective, or as of the effective date of this Charter if appointive. (iv) Paragraphs (i) and (ii) above notwithstanding, any decrease in the number of members of any Board or Commission shall be by attrition, and shall be accommodated by replacement members not being elected at subsequent biennial elections, or not being appointed, as the case may be, until such time as such election or appointment is appropriate and necessary to carry out the terms of this Charter, taking in account provisions to effect staggering of terms of office where appropriate. (v) Any changes in the length of term of any given office to render it in conformity with this Charter shall take place upon each such office being filled pursuant to the provisions of this Charter, including the foregoing provisions of this Article. (c) The system of staggered terms of offices heretofore in effect is retained. -37- Section 12.6 Unlocking Voting Machines The unlocking of any voting machine, shall be in accordance with the provisions of the General Statutes.* Section 12.7 Paper Ballots If voting machines are not available in sufficient number, paper ballots may be used in place of, or in conjunction with, voting machines. Section 12.8 Effective Date This Charter shall become effective on the day following its adoption by the qualified voters of the Town of Weston. *At present, the pertinent portions include General Statutes, Title 9, Sections 310, 311 and 447. -38-