ZONING REGULATIONS
TOWN OF NEWTOWN
FAIRFIELD COUNTY, CONNECTICUT
Newtown Planning and Zoning Commission
ORIGINAL EFFECTIVE DATE
AUGUST 25, 1958
AS REVISED AND ADOPTED EFFECTIVE
APRIL 1, 2008
Tel: (203) 270-4276
ZONING
REGULATION INDEX PAGE
ARTICLE I GENERAL I-1-1
SECTION 1 - PURPOSE AND APPLICATION I-1-1
SECTION 2 - INTERPRETATIONS AND DEFINITIONS I-2-1
SECTION 3 - ESTABLISHMENT OF ZONING DISTRICTS I-3-1
SECTION 4 - PROVISION FOR OFFICIAL ZONING MAPS I-4-1
SECTION 5 - ZONE BOUNDARY DETERMINATIONS I-5-1
SECTION 6 - PROHIBITED USES I-6-1
ARTICLE II OVERLAY DISTRICTS II-1-1
SECTION 1 - AQUIFER PROTECTION DISTRICT II-1-1
SECTION 2 - SOUTH MAIN STREET VILLAGE DESIGN DISTRICT (SMVDD) II-2-1
ARTICLE III RESIDENTIAL USES III-1-1
SECTION 1 - FARMING AND RESIDENTIAL ZONES (R-1/2, R-1, R-2, R-3) III-1-1
SECTION 2 - ELDERLY HOUSING ZONE (EH-10) III-2-1
SECTION 3 - AFFORDABLE HOUSING DEVELOPMENT (AHD) III-3-1
ARTICLE IV BUSINESS, COMMERCIAL & PROFESSIONAL USES IV-1-1
SECTION 1 - BUSINESS AND PROFESSIONAL OFFICE ZONE (BPO) IV-1-1
SECTION 2 - RETAIL BUSINESS ZONE (B-1) IV-2-1
SECTION 3 - GENERAL BUSINESS ZONE (B-2) IV-3-1
SECTION 4 - ACCESSORY USES IN BUSINESS ZONES IV-4-1
SECTION 5 - SITE AND BUILDING DESIGN STANDARDS IN BUSINESS IV-5-1
ZONES
ARTICLE V INDUSTRIAL ZONES V-1-1
SECTION 1 - ALL INDUSTRIAL ZONES (M-1, M-2A, M-3, M-4, M-5) V-1-1
SECTION 2 - INDUSTRIAL ZONE M-1 V-2-1
SECTION 3 - INDUSTRIAL ZONE M-2A V-3-1
SECTION 4 - INDUSTRIAL ZONE M-3 V-4-1
SECTION 5 - INDUSTRIAL ZONE M-4 V-5-1
SECTION 6 - INDUSTRIAL ZONE M-5 V-6-1
SECTION 7 - ACCESSORY USES IN INDUSTRIAL ZONES V-7-1
SECTION 8 - SITE AND BUILDING DESIGN STANDARDS IN INDUSTRIAL V-8-1
ZONES
ARTICLE VI SPECIAL DISTRICTS VI-1-1
SECTION 1 - CONSERVATION AND AGRICULTURE (C & A) VI-1-1
SECTION 2 - PUBLIC SCHOOL ZONE (PS) VI-2-1
SECTION 3 - FAIRFIELD HILLS ADAPTIVE REUSE (FHAR) VI-3-1
SECTION 4 - HAWLEYVILLE CENTER DESIGN DISTRICT (HCDD) VI-4-1
SECTION 5 - SANDY HOOK DESIGN DISTRICT (SHDD) VI-5-1
SECTION 6 - SPECIAL DEVELOPMENT DISTRICT (SDD) VI-6-1
ARTICLE VII AREA, HEIGHT AND YARD REGULATIONS VII-1-1
SECTION 1 - SCOPE OF REQUIREMENTS VII-1-1
SECTION 2 - SCHEDULE OF AREA, HEIGHT, BULK AND USE OF VII-2-1
BUILDINGS AND STRUCTURES
SECTION 3 - SUPPLEMENTAL NOTATIONS VII-3-1
SECTION 4 - USE OF EXISTING LOTS VII-4-1
SECTION 5 - CONSOLIDATED LOTS VII-5-1
ARTICLE VIII SUPPLEMENTAL REGULATIONS VIII-1-1
SECTION 1 - SIGNS VIII-1-1
SECTION 2 - ACCESS MANAGEMENT AND TRAFFIC ANALYSIS VIII-2-1
SECTION 3 - PARKING, DRIVEWAYS AND LOADING STANDARDS VIII-3-1
SECTION 4 - LANDSCAPE, SCREENING AND BUFFER REQUIREMENTS VIII-4-1
SECTION 5 - EXTERIOR LIGHTING VIII-5-1
SECTION 6 - EROSION AND SEDIMENT CONTROL VIII-6-1
SECTION 7 - PONDS AND DRAINAGE BASINS VIII-7-1
SECTION 8 - EXCAVATION VIII-8-1
SECTION 9 - MINING VIII-9-1
SECTION 10 - PERFORMANCE STANDARDS VIII-10-1
SECTION 11- TEMPORARY PERMITTED USES VIII-11-1
SECTION 12 - SALE OF LIQUOR - ALCOHOLIC BEVERAGE OUTLETS VIII-12-1
SECTION 13 - COMMON INTEREST COMMUNITIES IN BUSINESS, VIII-13-1
PROFESSIONAL OR INDUSTRIAL ZONES
SECTION 14 - INITIAL ATTACK FIRE SUPPRESSION WATER SUPPLY VIII-14-1
SECTION 15 - OPEN SPACE CONSERVATION SUBDIVISION SPECIAL VIII-15-1
EXCEPTION
SECTION 16 - TELECOMMUNICATIONS VIII-16-1
SECTION 17 - HISTORIC PRESERVATION REGULATIONS VIII-17-1
ARTICLE IX ADMINISTRATION AND ENFORCEMENT IX-1-1
SECTION 1 - ZONING ENFORCEMENT OFFICER, BUILDING PERMITS, IX-1-1
ZONING PERMITS & SURVEY REQUIREMENTS
SECTION 2 - LOT LINE REVISION IX-2-1
SECTION 3 - NON-CONFORMING USE, BUILDINGS AND LOTS IX-3-1
ARTICLE X SITE DEVELOPMENT PLANS X-1-1
ARTICLE XI SPECIAL EXCEPTIONS XI-1-1
ARTICLE XII ZONING BOARD OF APPEALS XII-1-1
SECTION 1 - ZONING BOARD OF APPEALS XII-1-1
ARTICLE XIII LEGISLATIVE REVISIONS XIII-1-1
SECTION 1 - AMENDMENTS TO THE ZONING REGULATIONS XIII-1-1
SECTION 2 - ZONE MAP CHANGES XIII-2-1
ARTICLE XIV SEPARABILITY, REPEALER AND EFFECTIVE DATE XIV-1-1
APPENDIX A: SCHEDULE OF FEES AND FINES
APPENDIX B: INDIVIDUAL SPECIAL DEVELOPMENT DISTRICT (SDD) REGULATIONS AND PROCESS FLOWCHART
ARTICLE I - GENERAL
SECTION 1 - PURPOSE AND APPLICATION
Purpose
These Newtown Zoning Regulations are promulgated to secure to the Town of Newtown the protections and benefits provided by Chapter 124 of the General Statutes of Connecticut, Revision of 1958, as amended, and are designed:
" to lessen the congestion in the streets,
" and to secure safety from fire, panic, flood and other dangers,
" to promote health and the general welfare,
" to provide adequate light and air,
" to prevent the overcrowding of land,
" to avoid undue concentration of population,
" to facilitate adequate provision for transportation, water, sewage, schools, parks and other public requirements,
" to conserve the value of the buildings, and land,
" to encourage the most appropriate use of land throughout the Town of Newtown consistent with soil types, terrain and infrastructure capacity
" and to further such other purposes as may be authorized by statute.
These Regulations and the Zoning Map constitute the Comprehensive Plan for zoning in the Town of Newtown.
Application
To carry out the purposes of these Zoning Regulations as provided herein, these regulations shall:
" Designate, regulate and restrict the location and use of buildings, structures and land for agriculture, residence, commerce, trade, industry and other purposes.
" Regulate and limit the height, number of stories and size of buildings and other structures hereafter erected or altered.
" Regulate and determine the size and location of yards and other open spaces.
" Regulate and limit the density of population.
" Divide the Town into such zoning districts as seems best suited for said purposes.
" Provide for the enforcement of these regulations.
ARTICLE I - GENERAL
SECTION 2 - INTERPRETATIONS AND DEFINITIONS
As used in these Regulations the following terms have the following meanings:
Accessory Apartment - a dwelling unit accessory and subordinate to a one-family detached dwelling providing housing for more than three (3) people.
Accessory Use - a use incidental and subordinate to the principal use but does not include any use specifically prohibited by Section 1.06 of these Regulations.
Adult Day Care Center - a facility which provides a program of supplementary care for adults outside their homes on a regular basis for part of the twenty-four (24) hours in a day for one or more days in the week. (Added 4/17/00)
Affordable Housing Development - a housing development in which not less than thirty percent of the dwelling units will be conveyed by deeds containing covenants or restrictions which shall require that, for at least forty years after the initial occupation of the proposed development, such dwelling units shall be sold or rented at, or below, prices which will preserve the units as housing for which persons and families pay thirty percent or less of their annual income, where such income is less than or equal to eighty percent of the median income. In an affordable housing development, of the dwelling units conveyed by deeds containing covenants or restrictions, a number of dwelling units equal to not less than fifteen percent of all dwelling units in the development shall be sold or rented to persons and families whose income is less
than or equal to sixty percent of the median income and the remainder of the dwelling units conveyed by deeds containing covenants or restrictions shall be sold or rented to persons and families whose income is less than or equal to eighty percent of the median income. (Added 12/18/00)
Alcoholic Beverage - any beverage the sale or dispensing of which requires a permit from the State of Connecticut. (Amended 9/12/05)
Amusement park - A commercially operated venue offering various games, activities and/or motorized rides for entertainment, and may include booths for the sale of food and drink.
Antenna - a device used to receive or transmit electromagnetic waves. Examples include, but are not limited to whip, panel, and dish antennas. (Added 11/29/99)
Aquifer - a geologic formation, group of formations or a part of a formation that contains sufficient saturated, permeable materials to yield significant quantities of water to wells and springs. (Added 6/21/99)
Assisted living facility for elderly - an elderly housing facility as defined in Section 19a-490(l) of the General Statutes that, in addition to housing, provides a variety of basic services such as nursing services and assistance with activities of daily living to a stable resident population.
Average Finished Ground Level - the average of the ground level points at the completion of the building. (Added 4/21/90)
Bed and Breakfast - an owner occupied private home in which up to four (4) bedrooms are used to provide overnight accommodations, which may include breakfast, for transient guests for compensation. (Added 10/2/95)
Borough - The Borough of Newtown.
Buffer see Natural Buffer and Planted Buffer.
Building - any structure having a roof supported by columns or walls and intended for the shelter, housing or enclosure of persons, animals or personal property.
Building Bulk - the gross cubic feet above average ground level of all buildings, structures, and includes personal property stored outdoors on the lot.
Café - shall mean a space in a suitable and permanent building, kept, used, maintained, advertised, and held out to the public to be a place where alcoholic liquor and food is served for sale at retail for consumption on the premises but which does not necessarily serve hot meals. The cafe must have a Café permit from the State of Connecticut. (Added 9/12/05)
Certification - a signed, written approval by the Newtown Planning and Zoning Commission, that a soil erosion and sediment control plan complies with the applicable requirements of these regulations.
Child Day Care Center - a facility which offers or provides a program of supplementary care for more than twelve (12) related or unrelated children outside their own homes on a regular basis for part of the twenty-four (24) hours in one or more days in the week as licensed and regulated by the State of Connecticut. (Effective 2/2/95)
Club - shall mean a group of persons organized solely for a recreational, social, patriotic, political, benevolent or athletic purpose or purposes, including, without limitation, country clubs and fraternal organizations, but not including such a group of persons if the facilities operated by them are open to the general public, whether or not upon payment of a fee.
Co-location - shall mean locating commercial wireless communication facilities of more than one provider on a single site. (Added 11/29/99)
Commission - shall mean the Planning and Zoning Commission of the Town of Newtown.
Common interest community - A development designed by a single developer specifically for a certain type of community created and governed by a specific set of legal documents, such as any declaration required by state law, bylaws or operating rules of the association, or articles of incorporation or association. The community's affairs are governed by an association of all unit owners through its elected board, which has the authority to enforce various restrictions and collect assessments to pay for maintenance and improvements.
Community Residence - a dwelling which houses six (6) or fewer mentally retarded persons and two (2) staff persons and which is licensed under the provisions of Section 19(a)-467 of the Connecticut General Statutes as amended.
Congregate Housing for Elderly Family - a building or group of buildings containing individual residential units that provide sleeping quarters for one elderly family, but contain no laundry facility and no more than an efficiency kitchen. One or more daily meals are to be provided for the residents in a community dining room and support services may be available on site.
Conservation Official - the Conservation Official of the Town of Newtown.
Conventional Subdivision - a pattern of subdivision development that permits the division of land in the standard form provided by the Town for the District in which the land is located. (Added effective August 30, 2004)
Corner Lot - see Lot, Corner.
Conservation District - the Northwest Conservation District established under Subsection (a)(1) Section 22a-315-11 of the General Statutes. (amended effective 1/1/07)
Day care home, family - a private family home in which a permanent occupant of the dwelling, licensed by the State of Connecticut, provides for the care of six or fewer children, including the provider's own children not in school full time, for a portion of a 24-hour day not less than three hours nor more than twelve hours.
Day care home, group - a facility which offers or provides a program of supplementary care to not less than seven nor more than twelve related or unrelated children outside their own homes on a regular basis for a part of the 24 hours in one or more days in the week.
Detached Dwelling - a dwelling surrounded on all sides by yards.
Detention Basin or Pond - See Drainage Basin.
Development -any construction or grading activities to improved or unimproved real estate.
Disturbed Area - an area where the ground cover is destroyed or removed leaving the land subject to accelerated erosion.
Drainage Basin - A pond-like structure designed for purposes of controlling stormwater runoff. Drainage basins may be a traditional dry detention pond, a dry flood control basin, a retention pond or a pond that may maintain either a permanent pool of water or a combination of a permanent pool and extended detention.
Dwelling - a building capable of providing living quarters including complete kitchen and bathroom facilities.
Dwelling Unit - An area within a building capable of providing separate living quarters including complete kitchen and bathroom facilities.
Dwelling Unit for Elderly Family - shall mean a building or group of buildings composed of dwelling units wherein each dwelling unit provides all primary living areas, including but not limited to a full kitchen, master bedroom, bathroom, living/family room, storage, laundry room and parking on the same level as the main entrance except that areas for additional storage may be set aside on a level other than the dwelling unit level.
Where the dwelling unit for elderly families is designed with a second floor but no elevator the only living area permitted on the second floor shall be a loft open to the floor below. When a loft is built with no elevator the stair shall be designed to allow future installation of a stair glide, and electrical service sufficient to operate the stair glide shall be installed to the stair at the time of construction. (Added effective February 26, 2007)
If an individual dwelling unit has a lower level basement with direct access to the outside, then in addition to storage, it may be finished for personal recreational uses including a hobby workshop, TV room or den. Windows and suitable heat/lighting as well as a washroom containing a toilet and washbasin are also permissible in individual basement areas.
Parking may be set aside on a level other than the dwelling unit level so long as an elevator is conveniently available from such parking level to the dwelling unit level. Whenever an elevator is present for such housing, a generator shall be installed to cause the elevator to function in the event of a power outage.
Efficiency Kitchen - a combined food preparation, kitchen appliance, and food/utensils storage area no larger than 72 square feet.
Elderly Family - a household in which all persons composing the household are sixty-two (62) years of age or more, except that such household may also include (i) direct descendants not minors; (ii) single persons employed as domestic help; and (iii) in the case of married couples, only one of the spouses need be sixty-two (62) years of age or older when there are no minor children.
Employee of the Town of Newtown - a full-time employee of the Town or of the Newtown Board of Education.
Erosion - the detachment and movement of soil or rock fragments by water, wind, ice or gravity.
Excavation - the severance from the earth's surface or removal from the ground or any wetland or watercourse of soil, loam, sand, gravel, clay, rock, topsoil or any other earth material. (Added 4/11/97)
Externally Illuminated Sign - see Sign, Externally Illuminated.
Family - one or more persons related by blood, marriage or adoption living together as a single housekeeping unit, including foster children and/or domestic help, but not including paying guests, boarders or roomers. A group of not more than four unrelated persons keeping house together shall be considered a family.
Farmer's Market - a seasonal outdoor event where vendors offer for sale to the general public such goods as fruits, vegetables, herbs, plants, flowers, eggs, honey, maple syrup, dairy products, jams, jellies and baked or prepared foods and seasonal items including Christmas trees, cemetery baskets, etc. (Added April 28, 2003).
Financial Institution - A business which provides financial services to its clients such as a bank, stock broker, credit union, insurance agent, and asset management firm. Drive-thru windows for such businesses may be permitted.
Finding of No Significant Impact - a written document concerning the environmental impacts of a proposed use or activity in the aquifer protection district which would not have a significant adverse impact on the aquifer. (Added 6/21/99)
Front Yard - see Yard, Front. (Added 6/21/99)
Frontage - see Lot Frontage. (Added 6/21/99)
Garage - see Public Garage.
Gas station or filling station - Any lot, building or part thereof, used for the sale of gasoline or motor vehicle fuel which may include facilities for lubrication, washing, or otherwise servicing vehicles, but not including painting of vehicles.
Golf course - A tract of land laid out with at least nine holes with a minimum length of 1,000 yards for playing a game of golf and improved with tees, greens, fairways, and golf hazards.
Golf range - A limited area on which golf players do not walk, but onto which they drive golf balls from a central driving tee.
Grading - any excavating, grubbing, filling (including hydraulic fill) or stockpiling of earth materials or any combination thereof, including the land in its excavated or filled condition.
Greenhouse - a structure with roof and sides made principally of glass, plastic or other transparent or translucent material containing a heating system, which is used or intended to be used for the cultivation of non hardy or out of season plants.
Gross floor area - The sum of the gross horizontal area of the several floors of the building, measured from the exterior faces of exterior walls. Gross floor area shall include the area of basements when used for residential, commercial or industrial purposes, but need not include a cellar or portion of a basement used for incidental storage or housing of mechanical or central heating equipment.
Ground Level Point - the lowest point on the line between a point at the ground level of the building perimeter and the point six (6) feet away from said building perimeter. (Added 4/21/90)
Ground Water - water below the land surface, in the subsurface area beneath the water table in which all spaces are filled or saturated with water. (Added 6/21/99)
Guest House - an accessory building without kitchen facilities used solely for the accommodation of guests of the family occupying the principal dwelling on the lot and for which no rental or other charge is made or received, either directly or indirectly, in cash, kind or services. The maximum area of a guest house shall not exceed 15% of the floor area of the principal dwelling. (Added 6/21/99)
Hazardous Material - (i) any hazardous substance as defined in 40CFR302.4 and listed therein at Table 302.4, or (ii) any hazardous waste as defined in Section 22a-115 of The Connecticut General Statutes. CFR means Code of Federal Regulations. (Added 6/21/99)
Height, Building - the vertical distance from the average finished ground level to the top of the highest roof beam of a flat roof or to the mean level of the highest gable or slope of a hip roof. When a building faces on more than one (1) street, the height shall be measured from the average finished ground level on each street front. (Added 6/21/99)
Home Occupation - an activity conducted for gain where the public may be invited to visit in the conduct of this activity that involves a professional or business office or a customary home enterprise. The home occupation shall be conducted entirely within a dwelling unit or a building accessory thereto and carried on by the residents thereof, which use is clearly incidental and secondary to the use of the premises for dwelling purposes and where it does not change the character thereof. Customary home occupations include uses such as tailoring, instruction, woodworking, preserving and the like. Uses such as, but not limited to, the operation of a dancing studio, tourist home, kennel, or animal hospital shall not be deemed a home occupation.
Hospital - a place for the diagnosis, treatment or care of human ailments including, without limitation, a sanitarium, rest home, home for the aged, nursing home and convalescent home, but not including correctional institutions or places to which persons may be involuntarily committed. (Added 6/21/99)
Hotel and Motel - a building or buildings in which rooms, each with private bath facilities, provide temporary lodgings to transients for compensation and which may provide rooms for public assembly or rooms for the serving of food and alcoholic beverages for guests and/or the general public. (Added 6/21/99)
Illuminated Sign - see Sign, Externally Illuminated and Sign, Internally Illuminated.
Improved Lot - A lot is developed after the date a building permit is issued and completion of the foundation.
Industrial park - A planned, coordinated development of a tract of land with two or more separate industrial buildings. Such development is planned, designed, constructed and managed on an integrated and coordinated basis with special attention given to on-site vehicular circulation, parking, utility needs, building design, orientation and open space.
Inn - a building or buildings in which rooms provide temporary lodgings to more than (5) but less than sixteen (16) transient guests for compensation, and which may provide rooms for the serving of food and alcoholic beverages for guests and/or the general public. (Added 10/2/95)
Inspection - the periodic on-site review of sediment and erosion control measures shown on the certified plan.
Junk Yard - an area in excess of 200 square feet not completely enclosed in a permitted building which is used for the accumulation, storage, or disposal of waste, abandoned materials or used materials of any kind not being stored for immediate use on the lot.
Kennel - the keeping or raising of dogs for a profit or the keeping of more than 10 dogs over the age of six months without regard to profit.
Kitchen facilities - any room or part of a room used, intended or designed to be used for cooking or the preparation of food. The presence of a range or oven, or utility connections suitable for servicing a range or oven, shall normally be considered as meeting the definition of a kitchen.
Land Use Officer - See Zoning Enforcement Officer.
Lot - a parcel of land, of any size or shape, occupied by one principal building or devoted to one principal use and containing the permitted accessory buildings and uses customarily incidental to such principal building or use, and including such open spaces as are required under the provisions of these Regulations. Where land is undeveloped, "lot" shall mean all contiguous land owned by the same owner or owners; except for subdivision lots owned by a person not required to obtain re-approval of the subdivision pursuant to 4.13 of the Newtown Land Subdivision Regulations (Added October, 1967). The mere recording or filing of a map in the Town Clerk's Office shall not constitute the creation of a lot.
Lot, Corner - a lot bounded on two or more sides by intersecting streets, the street lines of which intersect with each other at less than 150 degrees.
Lot coverage - the area of a lot covered by buildings, storage, loading, impervious surfaces, driveways, sidewalks and parking areas. (Added effective August 30, 2004)
Lot Frontage - the distance between the sidelines of a lot measured along the street line, or, in the case of a corner lot, measured between the sideline on one side and the street line on the other. For purposes of this definition, the street line of a temporary turnaround shall be the street line which would exist if the street were extended and the temporary portion of the turnaround eliminated.
Lot line - Any property line bounding a lot.
Major Collector Street - see Street, Major Collector.
Manufactured home - A factory-built, single-family structure that is manufactured under the authority of 42 U.S.C. Sec. 5401, the National Manufactured Home Construction and Safety Standards Act, is transportable in one or more sections, is built on a permanent chassis, and is used as a place of human habitation; but which is not constructed with a permanent hitch or other device allowing transport of the unit other than for the purpose of delivery to a permanent site, and which does not have wheels or axles permanently attached to its body or frame.
Maximum Monthly Housing Cost - the costs that are to be included when calculating maximum allowed rents and sale prices for the affordable dwelling units.
Median Income - after adjustments for family size, the lesser of the state median income or the area median income of the Town of Newtown, as determined by the United States Department of Housing and Urban Development (HUD) (Added 12/18/00)
Medical office - a building or part thereof, where medical doctors, dentists, chiropractors, osteopaths and physiotherapists or occupational therapists, provide diagnosis and treatment to patients, but which does not provide overnight accommodation, and may include such uses as reception areas, offices, consultation, treatment, x-ray and minor operating rooms, provided that all such uses have access only from the interior of the building.
Minimum Square - a square each side of which is the length prescribed for the zone in which the lot is situated and which is capable of being drawn entirely within the lot's boundaries and behind the minimum front setback line of a lot in said zone. See Charts, Article VII. No more than 20% of the minimum square shall be classified as inland wetlands as determined by field survey. Nothing herein shall apply to an application for subdivision approval which has been filed with the Planning and Zoning Commission on or before September 30, 1987, PROVIDED that such subdivision application is subsequently approved by the Planning and Zoning Commission; or, in the case of a lot which does not require subdivision approval, if a building permit is obtained on or before September 30, 1987. (Added 8/10/87)
Mobile home - A transportable structure suitable for year-round single-family occupancy and having water, electrical, and sewage connections similar to those of conventional dwellings.
Mobile Home Park - privately owned land upon which two or more mobile homes are intended to be parked and occupied as residences.
Motel - see Hotel.
Natural Buffer a space between the buildings, parking areas and uses on a lot and the lot line in which numerous trees exist, which is cleared of all rubbish and waste material, and which is sufficiently dense so as to obstruct the direct observation of the buildings, parking areas or uses on the lot by a person standing on the adjacent lot not closer than 25 feet from the lot line.
Neighborhood Shopping Centers - retail complexes designed and maintained to provide convenience goods and services for neighborhood residential areas and to serve the immediate needs of neighboring residential areas. The commercial uses contained therein shall be those which provide for the daily needs of neighboring residents and which do not depend on market areas substantially larger than the neighborhood meant to be served.
Nursery - land devoted to raising trees, shrubs and other plants capable of living outdoors at maturity in the climate of Newtown, Connecticut, whether or not said trees, shrubs and other outdoor plants are rooted in the ground or in containers, and may include the incidental use of greenhouses and temporary structures for propagation, growing and protection of said trees, shrubs and other outdoor plants.
Office - a place within a building in which clerical, professional, administrative and non-personal services are carried out. It shall not be applicable to store, shop, bank, residential, restaurant or personal service uses. (Added 10/2/95)
Open space - land or water areas which include but are not limited to: areas left in their existing natural state; agricultural land for which development rights have been assigned or otherwise alienated in perpetuity; areas and facilities for non-commercial, non-profit passive and active recreation, areas for wildlife habitat, groundwater recharge, scenic preservation, and other lands accomplishing the purposes set forth in Section 8.15.100 of these regulations. (Added effective August 30, 2004)
Open space conservation subdivision (OSCS) - a pattern of subdivision development that permits the division of land in a manner that results in a reduction in lot area and yard requirements, with the remaining land devoted to open space. (Added effective August 30, 2004)
Package Store - shall mean a retail shop that sells alcoholic beverages for consumption off the shop premises for which a Package Store Permit from the State of Connecticut has been issued. (Added 9/12/05)
Parapet wall - That portion of a wall which extends above the roof line.
Parking area - An authorized off-street area not within a building where motor vehicles are stored for the purpose of temporary, daily or overnight off-street parking.
Parking Space any area used or designated for the parking of a motor vehicle.
Passive recreation - Recreational activities that generally do not require a developed site. This generally includes such activities as hiking, horseback riding and picnicking.
Pedestrian walkway - Any method of access to and or through a site, including but not limited to landscaped walks, esplanades and boardwalks, which is designed to encourage active public use of a site.
Personal Communication Services - wireless communication voice and data services. These services may include, but are not limited to portable phones, pagers and fax transmission. (Added 11/29/99)
Personal Service Establishment - an establishment engaged in providing a service involving the care of a person, his or her apparel or his or her pet including a barber shop, beauty parlor, day spa, nail salon, health club, fitness center, gymnastics, shoe repair, tailoring or dressmaking, photographic studio, apparel rental services, counseling and pet grooming provided that pets are not kept overnight (Added 4/17/00)
Personal Wireless Services - commercial mobile telecom/internet services, unlicensed wireless services, and common carrier wireless exchange access services. (Added 11/29/99)
Personal Wireless Services Facilities - facilities for the provision of personal wireless services. (Added 11/29/99)
Place of religious worship - A building or structure owned, operated, maintained and/or used by a duly organized religious organization in which people regularly congregate primarily to participate in or hold religious services, worship, religious training or education, or meetings or other activities related to religious expression.
Planted Buffer - a strip of land dividing buildings, parking lots and uses on one lot from the boundary with an adjacent lot in which is planted two or more parallel rows of evergreen trees or shrubs of not less than 10 feet in height above ground with their lowest branches not more than three feet above ground. Said rows shall be at least 10 and not more than 20 feet apart and substantially parallel with the lot line, with the row closest to the lot line to be within 10 feet but not closer than five feet to the lot line. Said trees shall be spaced 12 feet apart in said rows, alternating so that each tree is placed on a point in its row which is midway between the trees on either side of it in the adjacent row.
Plot plan - A plat of a lot, drawn to scale, showing the actual measurements, the size and location of any existing structure or structures to be erected, the location of the lot in relation to abutting streets, and other such information.
Pond - any body of water of any size created by excavation or impounded by the action of man and not existing as a natural condition in the Town.
Principal use - The main use to which a building or lot is devoted and the primary purpose for which the premises exists.
Printing Establishment - a business engaged in the use of printing presses for mass production of printed materials. As used in this section, printing shall exclude photocopying, photo developing and photo printing.
Primary Recharge Area - land area immediately overlying the aquifer. The boundary of the primary recharge area is the contact between the stratified drift and adjacent till or bedrock. (Added 3/13/81)
Private Road see Street, Private.
Private School - (i) any boarding, day or night school or college, except one conducted by the Town or State, in which full time academic instruction is offered for one or more grades.
Professional office building - a building containing office space for professional persons.
Professional Person - a person who is engaged in a business such as medical, legal, engineering, consulting, clerical, administrative, educational, financial, real estate and similar professions.
Public Garage - a building, or a part thereof, used for the storage, care or repair of motor vehicles for remuneration, including, without limitation, the keeping of motor vehicles for hire but excluding car washes and sales rooms for the sale of new automobiles, farm equipment, trucks and motorcycles. (Added 10/26/92)
Public utility - Any closely regulated agency which, under public franchise or ownership, provides the public with electricity, gas, heat, steam, communication, rail transportation, water, sewage collection or other similar service.
Publishing Establishment - a business that prepares and/or issues printed material for distribution or sale. (Added 10/2/95)
Race track - A measured course where animals or machines are entered in competition against one another or against time.
Rear lot - A lot not fronting or abutting a public roadway and where access to the public roadway is limited to a narrow driveway or strip of land in the same ownership.
Rear Yard - see Yard, Rear.
Recreational Vehicle - a portable, primarily temporary living accommodation towed on wheels, transported on a truck or having its own propulsion, which may or may not contain running water, bath facilities, a flush toilet, appropriate sanitary connections or cooking facilities.
Recycling center - A facility designed to be a collection point where only recyclable materials are sorted and/or temporarily stored prior to delivery to a permanent disposal site, or shipment to others for reuse and/or processing into new products. This shall not include junkyards or wrecking yards.
Restaurant - shall mean space in a suitable and permanent building, kept, used, maintained, advertised and held out to the public to be a place where hot meals are regularly served for consumption by patrons within the building. An outside patio attached to the building may provide an accessory dining area. Alcoholic beverages may be served as an accompaniment to those meals provided that a Restaurant permit for such service is obtained from the State of Connecticut. Drive-through take out windows are not permitted. (Amended 9/12/05)
Retention Basin or Pond - See Drainage Basin.
Roomer or boarder - A person who resides in a dwelling who is not a member of the family unit that is the primary occupant of the dwelling and who pays for or performs services in exchange for such occupancy. This does not include a person who has separate cooking facilities made available to him or her.
Secondary Recharge Area - area adjacent to the primary recharge area for which rainfall that infiltrates the ground must move laterally to enter the aquifer. (Added 3/13/81)
Sediment - solid material, either mineral or organic, that is in suspension, is transported, or has moved from its site of origin by erosion.
Self-Service Storage Facility - one or more buildings for the purpose of renting or leasing individual storage spaces to tenants who are to have access to said space for the purpose of storing and removing personal property stored therein. Such renting or leasing shall not include renting or leasing of space for outside storage. Outside storage is prohibited. (Added 7/1/90)
Setback - The horizontal distance from any street line or lot line to any building, structure or use, measured in a straight line from and perpendicular to such street or lot line.
Shopping Center - one or more buildings integrated architecturally on a lot of ten or more acres, devoted to various business enterprises, which use the parking and other facilities in common.
Side lot line - Any lot line which is not a rear lot line or a street line.
Side Yard see Yard, Side.
Sign - Any letters, figures, design, symbol, trademark, illuminating device or any device involving the visual sense, whether ordinarily defined as a sign or not, intended to attract attention to any place, subject, person, firm, corporation, public performance, article, machine or merchandise whatsoever and painted, printed or constructed and displayed in any manner visible from the outside.
Sign, Directional - A sign intended for motorists or pedestrians that identifies a public location or destination.
Sign, Directory - A sign containing the name and address of a multiple tenant complex or an industrial subdivision which may or may not include the names of various tenants within the complex or subdivision.
Sign, Double-facing - A sign with two sides (faces) that are back to back and which are the same size and content.
Sign, Externally Illuminated - a sign which is artificially illuminated in any manner from sources not contained within the sign.
Sign, Internally Illuminated - a sign which is illuminated to any degree from sources of illumination contained within the sign itself and may include, without limitation, distinctively shaped lights even though no writing or other designs appear thereon.
Sign, Natural - A sign consisting of planted, rooted, living plants and the spaces between them.
Sign, Plaque - A sign for no trespassing, hunting, trapping or fishing, an identification marker such as historic designation, or a marker containing words that identifies public owned land or access.
Sign, Single-facing - A sign with one side containing content and the other is blank.
Sign, Traffic - A sign for traffic control (one-way, do not enter, stop, yield, pedestrian crossing etc.) or parking.
Sign, Wall. - A sign attached to and/or supported by a structure such as a building wall.
Sign, Yard - A sign supported by an independent wall that is not part of a building and which is located within the front yard of an industrial building.
Soil - any unconsolidated mineral or organic material of any origin.
Soil Erosion and Sediment Control Plan - a scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative.
State - the State of Connecticut.
Story - part of a building between a floor and the ceiling next above. An attic shall be considered a half story, unless the roof plate is more than five feet above the attic floor, or unless more than 60 percent of the attic floor space is finished for habitable purposes, in which it shall be considered a full story. A story which is not entirely above the average ground level at the foundation shall be figured as that fraction of a story, which its height above average ground level bears to the total height of the story. Provided however, any such space which is contained in a cellar that is no more than one-half (1/2) above the finished lot grade averaged along the exterior walls of the building shall not be considered a story.
Street - any public highway over which the public has the right to pass and re-pass or is owned and maintained by either the Town or the State.
Street, Arterial - a street, whether presently existing or proposed on a subdivision plan, which is officially classified as such by the Commission in the Newtown Plan of Development.
Street line - the line marking the boundary of the street right of way.
Street, Local Residential - a street, whether presently existing or proposed on a subdivision plan, which is officially classified as such by the Commission in the Newtown Plan of Conservation and Development.
Street, Major Collector - a street, whether presently existing or proposed on a subdivision plan, which is officially classified as such by the Commission in the Newtown Plan of Conservation and Development.
Street, Minor Collector - a street, whether presently existing or proposed on a subdivision plan which is officially classified as such by the Commission in the Newtown Plan of Conservation and Development.
Street, Private - any highway where the fee or right of way is not owned by the Town or the State or the public does not have the right to pass and re-pass.
Structure - anything constructed whether or not the resulting structure is raised above ground. It may be constructed of natural or artificial material. Structures shall include, without limitation, swimming pools, tennis courts and garages.
Subdivision Lot - A lot in a subdivision or re-subdivision plan that has been approved by the Commission or other body exercising the powers of such commission and filed with the Town Clerk on or after February 8, 1956.
Support Services - services provided to residents of an Adult Congregate Living Facility which may include, but are not limited to: food service; personal assistance with bathing, dressing, ambulation, housekeeping and eating; call-for-aid emergency system; restorative therapy; supervision of self-administered medication; and assistance with securing health-care from appropriate sources. (Added 7/23/93)
Tag sale - The temporary sale or offering for sale to the general public of over five items of personal property on any portion of a lot in a residential zoning district, whether within or outside any building.
Tavern - shall mean a place where beer and wine are sold on the premises for which a Tavern Permit from the State of Connecticut has been issued. (Added 9/12/05)
Topsoil - earth materials, including loam, which are arable and which constitute the surface layer of earth material.
Tower - a structure intended to support equipment used to receive or transmit electromagnetic waves. Examples of towers include self-supporting lattice, guyed, and monopole. (Added 11/29/99)
Town - the Town of Newtown.
Trailer - a detached vehicle or object with wheels, not self-propelled but drawn by or used in connection with a motor vehicle which is or can be used for hauling, storage, or temporary working quarters. Mobile homes shall not be considered trailers.
Transfer station - An establishment for the temporary collection and distribution of solid waste, including garbage, trash, rubble, construction debris, and all other kinds of organic or inorganic refuse.
Unlicensed Wireless Services - the offering of telecommunications services using duly authorized devices which do not require individual licenses, but does not mean the provision of direct-to-home satellite services. (Added 11/29/99)
Use - The specific purpose for which a lot or a building is designed, arranged, intended to be used, or for which it is or may be occupied or maintained. The terms permitted use, special use, or its equivalent shall not be deemed to include a non-conforming use, as defined herewith.
Vacant Lot - A lot is vacant until a building permit has been issued
Veterinary Hospital - a medical facility for the diagnosis, treatment, care and confinement of animals. (Added 11/16/98)
Wall Sign - see Sign, Wall.
Watercourse - see Section 22a-38 (16) of the Connecticut General Statutes as amended, and as defined in the Inland Wetlands and Watercourses Regulations of the Town of Newtown.
Wetlands - see Section 22a-38 (15) of the Connecticut General Statutes as amended, and as defined in the Inland Wetlands and Watercourses Regulations of the Town of Newtown.
Wholesale Business - the sale of merchandise or other commodities solely to retailers, dealers or tradesmen. Wholesale business does not include the sale of merchandise or commodities directly to members of the general public by the wholesaler.
Wireless Telecommunication Facility - the equipment and structures involved in receiving or transmitting electromagnetic waves associated with wireless telecommunication services. (Added 11/29/99)
Wireless Telecommunication Services - services associated with the transmission and/or reception of wireless telecommunications. These services may include, but are not limited to cellular, personal communication services, specialized mobilized radio and paging. (Added 11/29/99)
Yard - An open space between a building and the adjoining lot lines, unoccupied and unobstructed by any portion of a structure from the ground upward, except as otherwise provided herein.
Yard, Front - space across the width of the lot between the building or structure nearest a street and the street line.
Yard, Rear - space across the full width of the lot between the rear most building or structure and the rear lot line.
Yard, Side - space extending from front yard to rear yard between the side lot line in question and the nearest building or structure.
Zone - the same meaning as the word District or Zoning District as such terms are employed in Chapter 124 of the General Statutes of Connecticut, Revision of 1985, as amended.
Zoning Enforcement Officer (ZEO) - An individual duly appointed by the Town with the authority and responsibility to enforce the provisions of the Zoning Regulations of the Town of Newtown.
ARTICLE I - GENERAL
SECTION 3 - ESTABLISHMENT OF ZONING DISTRICTS
1.03 The Town of Newtown is hereby divided into the following zones:
Farming and Residential - R-1/2
Farming and Residential - R-l
Farming and Residential - R-2
Farming and Residential - R-3
Multiple Family for Elderly Housing | 
