ZONING REGULATIONS
TOWN OF NEWTOWN
FAIRFIELD COUNTY, CONNECTICUT
Newtown Planning and Zoning Commission
ORIGINAL EFFECTIVE DATE
AUGUST 25, 1958
AS REVISED AND ADOPTED EFFECTIVE
JULY, 2010
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 shall mean 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, existing natural groundwater recharge, scenic preservation, and other lands accomplishing the purposes set forth in Section 8.10.100 of these regulations. ~(Added effective August 30, 2004, amended effective 8/18/08).
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)
Pharmacy – A business which provides dispensing of medical prescriptions, associated services and retail sales (Added effective 7/13/09).
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.
Storage: Vehicles that are parked long term for future use are considered to be in storage. (added effective May 26, 2008)
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 -EH-10
Business and Professional Office - BPO
Retail Business - B-l
General Business - B-2
Industrial - M-l
Planned Commercial Development - M-2A (Added 4/17/00)
Industrial - M-3
Industrial - M-4
Industrial - M-5
Special Development District #1 - SDD-1
Fairfield Hills Adaptive Reuse - FHAR
Conservation and Agriculture - CA (Added 5/18/98)
Hawleyville Center Design District (HCDD) (Added 8/9/99)
Sandy Hook Design District - SHDD (Added 10/2/95)
Public School - PS (Added 8/14/00)
and the following overlay zones:
Aquifer Protection District - APD
South Main Village Design District - SMVDD
ARTICLE I - GENERAL
SECTION 4 - PROVISION FOR OFFICIAL ZONING MAPS
1.04.100 Said zones and overlay districts are bounded and defined on a map entitled "Newtown, Connecticut Zoning Map" dated July 1, 1969, as amended, filed with the Newtown Town Clerk and which, with all explanatory matter thereon, is hereby made a part of these Regulations.
1.04.200 All official Zoning Maps of the Town of Newtown approved prior to the adoption of these Regulations shall remain on file in the Office of the Town Clerk but shall be considered merged into the Zoning Map referred to in 1.04.100. Said maps shall have validity only to the extent that a court of competent jurisdiction finds them necessary to determine the location of a zoning boundary which it finds not determinable from the map referred to in 1.04.100 thereof.
ARTICLE I - GENERAL
SECTION 5 - ZONE BOUNDARY DETERMINATIONS
1.05 Where uncertainty exists as to the boundaries of zones as shown on the Zoning Map, the following rules shall apply:
1.05.100 Boundaries indicated as following streets, railroads, brooks or rivers shall be considered to follow the center lines of such streets, railroads, brooks or rivers.
1.05.200 Where a boundary line is shown parallel to a street, railroad, brook or river the distance given shall be considered measured to the center line of such street, railroad, brook or river.
1.05.300 In the event that zone boundaries are indicated as following identifiable lot lines or as being parallel or perpendicular thereto or extensions thereof, and such lot lines are not drawn accurately or to scale on the Zoning Map, then the zone boundary shall be construed with reference to lot lines as shown on an approved subdivision map or other maps prepared in accordance with the standards of accuracy of a Class A-2 survey as defined in the Code of Practice for the Standards of Accuracy and Maps, as amended by the Connecticut Association of Land Surveyors, Inc.
1.05.400 Boundaries not indicated as following streets, railroads, brooks, rivers, lot lines or other natural features shall be determined by the scale of said Zoning Map.
1.05.500 If the boundary of a zone cannot be determined by any of the above means, a landowner may apply to the Commission and the Commission shall determine the location of the boundary.
ARTICLE I - GENERAL
SECTION 6 - PROHIBITED USES
1.06 The following uses, buildings or structures are specifically prohibited throughout all zones, even if only an accessory use:
1.06.100 Automobile junkyards, junkyards, the processing of junk materials, or motor vehicle body shops;
1.06.200 Amusement parks, drive-in theaters and race tracks;
1.06.300 Manufacture of poison, toxic chemicals or explosives;
1.06.400 Mobile home parks, trailer parks and individually occupied mobile homes or trailers, except as set forth in 8.11.130 and 8.11.140 herein;
1.06.500 Rock or stone crushers, processing of sand, sand and gravel, or concrete batch plants. Rock crushing except as set forth in Section 8.08.330 herein.
1.06.600 Storage outdoors of any unregistered motor vehicle or obsolete and/or unused contractors' machinery or equipment. This section shall not prohibit outdoor storage of unregistered operable motor vehicles used on farms.
1.06.700 Slaughterhouse, rendering plant or refinery,
1.06.800 Tank farm or individual above ground storage tanks over 5,000 gallons capacity, except that the 5,000 gallon limitation shall not apply to above ground tanks located in industrial zones; (Amended March 18, 2002)
1.06.900 Used car sales lot except where conducted on the same premises as a new car sales lot and clearly incidental thereto.
1.06.1000 Dissemination of smoke, dust, observable gas or fumes, noise, odor, vibration, or light beyond the lot on which the use is being conducted. Violation of the specific performance standards established by Article VIII, Section 10 of these regulations for the Industrial Zones in which they apply shall automatically be considered a violation of this section. This section may also be found to be violated in any zone where the Zoning Enforcement Officer finds the existence of the items listed in the first sentence of this section without regard to said performance standards.
1.06.1100 Menace by reason of fire, explosion or other potential hazard to person or property.
1.06.1200 Any discharge into the atmosphere, the ground or any watercourse or other body of water of any substance which, in the form and quantity discharged, will damage the fauna and flora of the lot in question, or which will be harmful to persons breathing the atmosphere or drinking or bathing in the water on or off the lot.
1.06.1300 Disorderly accumulation of waste, abandoned or used materials, where visible from adjacent streets or lots.
ARTICLE II - OVERLAY DISTRICTS
SECTION 1 - AQUIFER PROTECTION DISTRICT
2.01.100 Purpose and Intent
It is the intent of this section to promote the health and general welfare of the community by preventing the contamination of ground resources and to protect ground water quality within the Town of Newtown and in particular the Pootatuck Aquifer to ensure a present and future supply of safe and healthy drinking water. The Aquifer Protection District is designated as an overlay zone.
The purpose of this section is to facilitate the adequate provision of clean water by prohibiting, within the Aquifer Protection District, land uses which can contaminate ground water resources and by regulating other land uses which may have the potential to contaminate or downgrade existing and potential ground water supplies.
The stratified drift deposits of the Pootatuck Aquifer are composed predominately of inter-bedded layers of sand and gravel with lesser amounts of silt and clay. These deposits are underlain by crystalline bedrock, mostly gneiss and schist. The Pootatuck Aquifer is capable of supplying large quantities of drinking water in Newtown and its protection is critical.
The Pootatuck Aquifer (a federally protected sole source aquifer) is highly susceptible to contamination because of its relatively high permeability and shallow water table which is recharged mainly from precipitation that percolates from the land surfaces within the watershed.
2.01.200 Applicability
These regulations shall be in addition to the requirements for the underlying zoning districts as designated on the Zoning Map. Both the requirements of the Zoning Regulations as set forth in other sections and the requirements contained herein for the Aquifer Protection District shall apply within such zone. In the event of a conflict, the more restrictive requirements shall apply.
2.01.210 Aquifer Protection District Maps
The Aquifer Protection District (ADP) is hereby established on those lands serving as the primary and secondary recharge areas and those lands within the preliminary (Level B) aquifer protection areas of the Pootatuck Aquifer. The Aquifer Protection District is delineated on two maps.
" The first map is entitled: "Aquifer Protection Districts" and is overlaid on the Newtown, Connecticut Zoning Map dated effective June 27, 1959, amended to July 1, 1969 and July 1976, scale 1" = 1200' prepared for The Housatonic Valley Council of Elected Officials by Cahn Engineer, Inc. - Wallingford, Connecticut (Effective 3/13/81).
" The second map is entitled "Preliminary (Level B) Aquifer Protection Areas, United Water Connecticut (formerly Newtown Water Co.) Map B-059, approved July 18, 1991, Fairfield Hills Hospital Map B-071, approved April 24, 1992, Newtown, Connecticut" scale 1:12,000 printed November 30, 1998 by the State of Connecticut Department of Environmental Protection.
2.01.300 Permitted Uses and Activities
Uses permitted in an Aquifer Protection District are the following principal uses where permitted in the underlying zone. No use variance shall be granted to allow any use in the district which is not expressly permitted in this section.
2.01.310 Single family dwellings having two (2) or more acres of land per dwelling.
2.01.320 Open space and passive recreation.
2.01.320 Managed forest land.
2.01.340 Wells and accessory equipment for the purpose of providing the public water supply.
2.01.400 Prohibited Uses
The following uses and activities are prohibited in an Aquifer Protection District:
2.01.410 Sanitary landfills, septage lagoons, waste water treatment facilities, transfer stations.
2.01.420 Printing and publishing establishments which involve the use of acid/bases, heavy metal wastes, solvents, toxic wastes, or solvent based inks.
2.01.430 Public garages.
2.01.440 Filling stations.
2.01.450 Car wash facilities.
2.01.460 Road salt storage.
2.01.470 Manufacture, storage, transport, processing or disposal of hazardous materials or waste.
2.01.480 The mining or removal of sand and gravel.
2.01.490 Underground storage of hazardous materials including but not limited to fuel oil or petroleum.
2.01.500 Dry cleaning establishments with on-site cleaning operations.
2.01.510 Outdoor storage of any commercial vehicles or construction equipment except for parking of fleet vehicles accessory to the principal use (amended 4/28/08).
2.01.520 Outdoor maintenance of any commercial vehicles or construction equipment (amended 4/28/08).
2.01.530 Outdoor maintenance of public utility service vehicles (amended 4/28/08).
2.01.540 Classification and smelting of nonferrous metals.
2.01.550 Except when connected to public sewers:
2.01.551 Multiple family housing.
2.01.552 Adult congregate living facilities with a density of more than one unit per two acres.
2.01.553 Single family dwellings having less than two (2) acres of land per dwelling.
2.01.560 Except when connected to public sewers and public water:
2.01.561 Kennels.
2.01.562 Hotels and motels.
2.01.563 Dental offices. (amended effective June 14, 2010).
2.01.564 Veterinary hospitals.
2.01.565 Beauty and nail salons.
2.01.566 Funeral parlors.
2.01.567 Research or medical laboratories.
2.01.600 Uses and Activities Requiring a Special Exception
Except as provided in Sections 2.01.300 and 2.01.700 herein, any principal or accessory uses permitted in the underlying zoning districts as provided for in Article IV - Permitted Uses and when such principal or accessory use or activity is not prohibited pursuant to Section 2.01.400 herein, then such use or activity, shall be subject to obtaining a special exception in accordance with the standards, criteria, conditions, and procedures as set forth in Article XI herein and the additional standards, criteria, conditions and procedures set forth herein.
2.01.700 Uses and Activities Requiring a Zoning Permit and Aquifer Impact Review
2.01.710 When all of the following criteria are met, an application for a Zoning Permit and an Aquifer Impact Review shall be required:
2.01.711 A principal or accessory use is permitted by right in the underlying zoning district, and
2.01.712 Such use or activity is not prohibited pursuant to in Section 2.01.400, and
2.01.713 Such use or activity is a change in use proposed to occupy or locate within an existing building or other structure, and
2.01.714 There will be no erection, enlargement or structural alteration of any structure, and
2.01.715 There will be no exterior site work for such proposed occupancy.
2.01.720 The application for a Zoning Permit pursuant to Section 9.01.400 and 9.01.500 of these regulations and an aquifer impact review shall be filed with the Zoning Enforcement Officer for purposes of determining zoning compliance, aquifer impact assessment and review of the Standards set forth beginning at Section 2.01.900, herein.
2.01.800 Procedure
2.01.810 The granting of a special exception by the Planning and Zoning Commission will be subject to the Planning and Zoning Commission's finding that a proposed activity will not have a significant environmental impact on the Pootatuck Aquifer (FONSI). This finding will be determined following an evaluation of the proposed activity and its impact on the ground water resources. Should the Planning and Zoning Commission find that the proposed use has the potential to cause substantial adverse impact on the ground water resources or the application does not meet the standards set forth in these regulations, the application shall be disapproved.
201.820 Applicant's aquifer impact assessment to the Newtown Inland Wetlands Commission who will act as its designated agent. The Inland Wetlands Commission will evaluate the proposed activity and the impact on the ground water resources. Any applicant may request an evaluation of its aquifer impact assessment from the Inland Wetlands Commission prior to filing an application with the Planning and Zoning Commission for a special exception approval.
2.01.830 The Inland Wetlands Commission will evaluate the applicant's written aquifer impact assessment that addresses the proposed activity and the impact it may or may not have on the Pootatuck Aquifer. The aquifer impact assessment requirements and standards set forth beginning at Section 2.01.900 shall be the basis for determining the impacts of a proposed activity.
2.01.840 The Inland Wetlands Commission shall render a recommendation to the Planning and Zoning Commission within thirty-five (35) days of its receipt of the referral. Failure by the Inland Wetlands Commission to respond in writing within thirty-five (35) days shall be taken as no comment on the proposal. Any applicant may request an aquifer impact assessment from the Conservation Commission prior to applying for a special exception approval.
2.01.850 If the Inland Wetlands Commission finds that a proposed activity would not have a significant aquifer impact, it shall recommend that a finding of no significant impact (FONSI) be rendered by the Planning and Zoning Commission.
2.01.860 If the Inland Wetlands Commission finds that the proposed activity will have a substantial adverse impact on the aquifer, it shall include information in reasonable detail to support its findings and will issue a recommendation against the FONSI.
2.01.870 If the Inland Wetlands Commission finds that the proposed activity will have a substantial adverse impact on the aquifer, the Planning and Zoning Commission will be required to have four (4) positive votes to approve a special exception. Failing four (4) positive votes, the special exception shall be denied.
2.01.900 Aquifer Impact Assessment
Every land use located within the Aquifer Protection District which requires the filing of an application for approval by the Planning and Zoning Commission or the Zoning Enforcement Officer pursuant to Section 2.01.700 shall be subjected to an aquifer impact assessment. All information pursuant to Section 2.01.910 shall be submitted to the Planning and Zoning Commission or the Zoning Enforcement Officer upon application.
2.01.910 Aquifer Impact Assessment Requirements
An application for an Aquifer Impact Review shall include, in addition to any other application requirements, a written aquifer impact assessment prepared by a professional with special expertise who is familiar with ground water modeling. The purpose of the assessment is to evaluate the impact on the proposed activities upon the aquifer. The aquifer impact assessment shall include, in so far as is pertinent to the application, the information listed below. The Planning and Zoning Commission may waive the requirements for some of the following information if they determine that it is not relevant to the specific application.
2.01.911 Detailed written document concerning the environmental assessment and impacts of the proposed activity. The environmental assessment shall address direct and indirect effects, both short-term and long-term, which would result from the implementation of a proposed action and shall contain sufficient detail for the purposes of determining environmental significance of the activity on the environment in general and the aquifer in particular.
2.01.912 The amount and composition of any hazardous materials that will be used, handled, stored, generated, treated, or disposed of on the property.
2.01.913 Provisions for treatment, temporary storage, and/or disposal of any hazardous materials.
2.01.914 Locations of adjacent (within 500 feet of property line) private drinking water supply wells. Location of public water supply wells within 1,000 feet of property line. Distance to Class AA streams (tributary to public drinking water supply).
2.01.915 Site and building plans showing all information required pursuant to Sections 10.01.400 through 10.01.500 herein.
2.01.916 Whether public sanitary sewers and water supply are approved to service the use.
2.01.917 Septic system location, size, and capacity.
2.01.918 Details of the hydrologic budget, including natural and man-induced sources of recharge and withdrawal.
2.01.919 Potential impacts resulting from the planned discharges or withdrawals, including:
" impacts to other users of the aquifer (wells, surface expressions of groundwater, etc.)
" quantity of water available and induced quality changes.
" impacts resulting from induced infiltration, including quantity implications to both the ground water and surface water systems.
2.01.920 Provisions for storm water management and pretreatment.
2.01.921 Emergency plan to protect and control hazardous material leaks and spills, including but not limited to inspections, notification of officials, containment, and cleanup procedures.
2.01.1000 Aquifer Protection Standards
The following minimum standards shall be met for all uses within an aquifer protection district.
2.01.1010 Storm Water Management
2.01.1011 No wastewater discharges shall be connected to the storm water system.
2.01.1012 Storm water from developed site areas shall require pretreatment of runoff prior to discharge. The design shall provide detention ponds, basins, swales, oil separators, or other measures designed to treat runoff, contain pollution, control peak flow, and/or allow for clean water infiltration into the ground.
2.01.1013 Storm water contact with sources of pollution (such as dumpsters and waste receptacles) shall be prevented with roofs, covers, berms, or by directing runoff away from sources.
2.01.1014 Parking, storage, loading and other areas where vehicular activity occurs shall be an impervious surface.
2.01.1020 Floor Drains
Floor drains are prohibited except where connected to public sanitary sewers in accordance with DEP (or local authorized agent) approval.
2.01.1030 Pesticide and Fertilizer Use
Any use which includes more than 2 acres of land used for crop, lawn, garden, or landscaping shall be accompanied by a management plan. The management plan shall indicate types of materials, application schedule, if any, chemical pesticides or fertilizers and conformance with applicable best management practices.
2.01.1040 Manufacture and Storage of Hazardous Materials
At all areas and facilities where hazardous materials are already manufactured, stored, transported, processed or disposed of prior to June 21, 1999, any change to the existing use or improvements at the facility shall be designed for the control of inadvertent or accidental spills, leaks, or other discharges. The following standards shall apply:
2.01.1041 Manufacturing, processing, or other activities using hazardous materials shall only be conducted on flooring impervious to the material being used and within a building or structure.
2.01.1042 Underground storage tanks and distribution lines for hazardous materials are prohibited.
2.01.1043 Above ground storage tanks, containers or drums shall be within a building or structure meeting the following requirements:
(a) Have an impervious floor and containment area or dike of adequate size to contain thirty percent (30%) of the total storage capacity or one hundred ten percent (110%) of the largest tank, whichever is larger.
(b) Area shall be protected by a roof and adequate sides to prevent exposure to precipitation.
(c) Tank overfill protection devices shall be designed to prevent release of overfill outside the storage area.
(d) Storage areas shall be located outside of flood zones or shall be flood proofed.
(e) Have no floor drains.
2.01.1044 Venting systems for evaporation or distillation of hazardous materials shall be designed with a recovery system to prevent the discharge of contaminated condensate or drippage.
2.01.1045 Loading or transfer activities shall be conducted on impervious surfaces, roofed, and diked to capture and control any spills or leaks.
2.01.1046 Best management practices shall be followed for all usage, storage, or handling of hazardous materials. (Added 6/21/99)
ARTICLE II - OVERLAY DISTRICTS
SECTION 2 - SOUTH MAIN VILLAGE DESIGN DISTRICT
2.02.100 Purpose and Intent
The purpose of the South Main Village Design District (SMVDD) is to establish an overlay zone that identifies the district and provides regulations and design guidelines that will serve to protect the distinctive character, landscape and historic structures within the South Main Street corridor.
The intent of the SMVDD is to help guide development along South Main Street in ways that will:
" protect the distinctive character, landscape and historic structures within the district,
" be appropriate to the location and scale of any particular site,
" maintain and enhance the unique character of South Main Street including the residential and natural characteristics,
" encourage the conservation and preservation of architecturally significant or historic buildings in a manner that maintains the distinctive character of the district,
" provide for compatible economic development,
" manage the amount of traffic that will be generated,
" control traffic access by limiting the number, size and location of driveways onto South Main Street, and
" promote the sharing of parking and other amenities.
2.02.110 DESIGNATED AS DESIGN DISTRICT
To help accomplish the above purpose and intent, the SMVDD is hereby:
" designated as a Village District as authorized by CGS 8-2j.
" recognized as a designated design district adopted by the Newtown Planning and Zoning Commission so that development within the district will be reviewed by the Design Advisory Board as provided pursuant to Newtown Town Ordinances.
2.02.200 Permitted Uses
2.02.210 All principal and accessory uses allowed in the underlying zones are permitted provided that a Site Development Plan or Special Exception approval has been granted, if required. Uses that are not listed shall not be permitted by variance.
2.02.300 Design Review Process
2.02.310 Except for a single family dwelling and uses and structures accessory thereto, new construction, reconstruction or rehabilitation of buildings or signs located within the SMVDD that are in view from public roadways shall obtain a report and recommendation from the Design Advisory Board.
2.02.320 Applicants are strongly encouraged to work with the Design Advisory Board prior to submitting a formal application to the Staff or Commission as applicable.
2.02.330 In accordance with CGS 8-2j(d):
(1) the Design Advisory Board shall be the designated village district consultant,
(2) the Design Advisory Board shall review an application and report to the Staff or Commission, as applicable within thirty-five days of receipt of an application by the Board, and
(3) failure of the Design Advisory Board to report within the thirty-five days period shall not alter or delay any other time limit imposed by the Regulations.
2.02.340 The Commission may seek the recommendations of any town or regional agency or outside specialist with which it wishes to consult.
2.02.341 Any reports or recommendations from such agencies or organizations shall be entered into the public hearing record and considered by the Commission in making its decision.
2.02.400 Design Review Guidelines
2.02.410 To help accomplish the purposes of this section, the exterior of structures shall, to the extent reasonable and practicable, be designed to be consistent with the intent to maintain and enhance a "New England" character in the corridor for areas visible from public roadways.
2.02.420 To help accomplish the purposes of this section following criteria shall be met:
(1) proposed buildings or modifications to existing buildings shall be harmoniously related to their surroundings, and the terrain in the district and to the use, scale and architecture of existing buildings in the district that have a functional or visual relationship to a proposed building or modification,
(2) proposed buildings and site improvements shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse visual impact on the district;
(3) the scale, proportions, massing and detailing of any proposed building shall be in proportion to the scale, proportion, massing and detailing in the district.
(4) all spaces, structures and related site improvements visible from public roadways shall be designed to be compatible with the elements of the area of the village district in and around the proposed building or modification,
(5) the color, size, height, location, proportion of openings, roof treatments, building materials and landscaping of commercial or residential property shall support the "New England" character of the corridor and be compatible with their surroundings;
(6) the removal or disruption of historic tradition or significant structures or architectural elements shall be minimized.
2.02.430 All development in the district shall be designed to achieve the following compatibility objectives:
(1) The building and layout of buildings and included site improvements shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse impact on the district;
(2) proposed streets shall be connected to the existing district road network, wherever possible;
(3) open spaces within the proposed development shall reinforce open space patterns of the district, in form and siting;
(4) locally significant features of the site such as distinctive buildings, historic buildings, historic factors or sight lines of vistas from within the district, shall be integrated into the site design;
(5) the landscape design shall complement the district's landscape patterns;
(6) the exterior signs, site lighting and accessory structures shall support a uniform architectural theme if such a theme exists and be compatible with their surroundings; and
(7) the scale, proportions, massing and detailing of any proposed building shall be in proportion to the scale, proportion, massing and detailing in the district.
2.02.500 Adaptive Reuse of Residential Dwellings
The existing residential and related outbuildings, especially those of historical and/or architectural significance, with their landscaped front lawn areas and large trees lining the roadway contribute to the unique landscape and overall character of South Main Street. Most of the existing residential dwellings and outbuildings are modest in scale, are typical of past residential development patterns in Newtown and combine well with the intermittent commercial and industrial properties, open fields and forested areas found along the roadway. The adaptive reuse of existing residential structures is intended to help the preservation, restoration and maintenance of said structures provided the nature and conduct of such adaptive use shall:
(1) enhance and preserve the exterior integrity of the structures;
(2) enhance and preserve the aesthetic appearance of the remainder of the property; and,
(3) maintain the general character of the neighborhood.
2.02.510 In addition to the uses already permitted by Special Exception in the underlying residential zones, the following principal uses are permitted within the Residential and Farming Zones located within the SMVDD Overlay Zone subject to obtaining a Special Exception approval from the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI hereof and the additional requirements set forth herein:
2.02.511 Any principal use permitted in the Business and Professional Office (BPO) Zone provided the following parameters can or will be met:
(1) Adaptive reuse of existing residential buildings shall be permitted if they will:
(a) result in a residential use appearance that fits into the context of the immediate area surrounding the property;
(b) maintain or lower existing traffic levels present upon the site, or
(c) complement the unique character of South Main Street.
2.02.512 In conjunction with business or professional uses, residential apartments may be allowed on upper floors within the principal building subject to the capacity of the infrastructure to support residential density of one dwelling unit per one half acre (21,780 sf) of site area.
2.02.513 Any new construction upon a site shall respect the height, bulk, scale and style of architecture that exists and materials used shall be of a similar color, scale, texture and style as that which exists.
2.02.514 Site elements of noteworthy or historical value such as stone walls, outstanding vegetation and other similar site features shall be protected from damage, removal or significant alteration.
2.02.515 Site improvements shall be so designed in space allocation, orientation, texture, materials, landscaping and other features to produce an environment of stable and desirable character, complementing the design and values of the surrounding neighborhood, Plantings and other site elements (such as lighting, paving, site furnishings, signage and parking) shall be located and designed to enhance the "New England" character of the existing structure(s) and surrounding property.
ARTICLE III - RESIDENTIAL USES
SECTION 1 - FARMING AND RESIDENTIAL ZONES
3.01.100 Purpose and Intent
The purpose of the farming and residential zones is to protect the safety, health and welfare of residents and to encourage the development of neighborhoods that will contribute to the health and well being of the community.
The farming and residential zones are intended primarily for single family residences and farms. Certain other uses such as government supported activities, religious worship, clubs, affordable housing developments and other listed uses which are consistent with the need to provide the quality of life necessary for and that which contributes to the overall community are permitted within certain limits.
The farming and residential zones vary in required lot area from one-half (1/2) acre to three (3) acres consistent with soil types, terrain and infrastructure capacity. Development within the farming and residential zones shall be sensitive to maintaining the rural character of the community and of the neighborhood in which they are located.
3.01.200 Permitted Uses
3.01.210 The following principal uses are permitted within a single building provided that Site Development Plan approval has been granted, if required, in accordance with Article X hereof, if so required. Uses that are not listed shall not be permitted by variance.
3.01.211 One-family dwelling, one per lot.
3.01.212 Farming, including dairying, horse raising, sheep raising, and poultry raising but excluding operating a kennel, operating a piggery or pig farm, or the raising of fur bearing animals or wildlife.
3.01.213 An active farm and the residence of the owner thereof on the farm shall be considered only one principal use.
" Two farm employees may be lodged within the principal dwelling.
" Where housing is provided for more than two farm employees, or for the families of any farm employee, it shall be considered an accessory use of the property as a farm, provided that
" each family is housed in a detached dwelling meeting the requirements for a single family dwelling in such zone and
" so situated that each lot meets the area and size, frontage (not necessarily on an existing street) and minimum square requirements of the zone in which the farm lies can be drawn and shown on the Zoning Permit or the application for Certificate of Zoning Compliance for each such dwelling.
3.01.214 Schools operated by the Town
3.01.215 Parks and playgrounds operated by the Town
3.01.216 Horticulture and wildlife reservations not operated for profit
3.01.217 Public libraries, public museums, government buildings and uses, excluding municipal garages or public works storage yards, dumps, incinerators or other waste handling or disposal areas
3.01.218 Nurseries and greenhouses provided that no plants or produce is sold at retail or displayed to retail customers
3.01.219 Community residence, one per lot
3.01.220 Vineyards and wineries provided that no products are sold at retail or displayed to retail customers; and provided that no tours or tasting of free samples are offered to the general public (Added effective 2/15/93)
3.01.221 If prior to December 28, 1986, the caring for, boarding and keeping of horses for trade or sale and/or the training of boarded horses and owners of said horses occurred upon a property, then such use of property may be continued provided that such operations or buildings shall not be expanded or intensified above the level at which such activity existed on December 28, 1986, provided that the owners of such existing properties shall register with the Newtown Land Use Office no later than August 13, 2002 (Effective August 18, 2001).
3.01.300 Special Exception Uses
3.01.310 The following uses are permitted as principal uses subject to the granting of a special exception by the Commission in accordance with the standards, criteria, conditions and procedures which are set forth in Article XI of these regulations.
" The minimum lot area for such uses shall be computed as the greater of
" Four (4) times the usable gross floor area of all buildings on the lot;
" Two (2) times the area of the lot devoted to the proposed use, including without limitation the gross floor area of all buildings and the area of all other structures, parking areas, loading areas and driveways but not including the area used for any in-ground planting whether permanent or for purposes of transplanting;
" the minimum lot area of the highest acre zone in which any part of the lot lies; or
" the acreage specified for each use.
3.01.311 Clubs
3.01.312 Places of religious worship
3.01.313 Private schools and seasonal camps. Camps shall be conducted by a non- profit corporation, association or religious society and may be either a boarding or day camp, provided that they do not admit campers over eighteen (18) years of age.
3.01.314 Public utilities buildings having no material storage or motor vehicle service or storage yards and which primarily serve residents of the Town.
3.01.315 Hospitals.
3.01.316 Public utility water tanks and pump stations.
3.01.317 Sanitary landfills, except within the Aquifer Protection District, incinerators, waste collection and sorting facilities, public works garages and storage areas operated by or on behalf of the Town.
3.01.318 Nurseries, greenhouses and truck gardening with retail sales on lots of at least twenty (20) acres. The sale of any items not grown or raised on the premises for at least one (1) growing season, fertilizer and garden tools is prohibited.
3.01.319 (Reserved)
3.01.320 The boarding and keeping of horses for trade or sale. Boarding of horses, training of boarded horses, owners of said horses, and keeping of horses for trade or sale on lots having at least fifteen (15) acres provided that the following minimum standards are met:
3.01.321 There shall be no more than two (2) horses per acre on any lot.
3.01.322 Manure which is stacked or composted on site must meet the following minimum setbacks:
" Manure must be located at least one hundred (100) feet from any well, stream, or other watercourse.
" Manure must be located at least one hundred (100) feet from any property line.
3.01.323 There shall be a minimum of two thousand five hundred (2,500) square feet of turnout area for each horse.
3.01.324 Turnout area shall be defined as enclosed open space suitable for the exercise of horses. Separate enclosures for each horse are not required.
3.01.325 The boundary of any riding ring shall be located a minimum of 100 feet from any property line.
3.01.326 The nature and extent of training activities shall be specifically set forth in the special exception application.
3.01.327 Additional lands under common ownership with the lot containing the barns, and separated by no more than a road or right of way from said lot, may be used for turnout or horseback riding.
3.01.328 Additional parking for the horseback lesson programs and horse day camps shall be provided pursuant to these regulations.
3.01.329 (Reserved)
3.01.330 One (1) apartment accessory to a single family dwelling located in a separate building (detached dwelling) provided the following criteria can be met:
3.01.331 The subject accessory building proposed for the apartment was constructed and assessed as an accessory building by the Town Assessor seven (7) years prior to application.
3.01.332 The single family dwelling to which the apartment is accessory shall be:
" located on a lot zoned Residential 1-acre or more and such lot shall have a minimum lot size equal to one and one half (1.5) times the requirement of its respective zone designation,
" the main dwelling shall have a minimum floor area of fifteen hundred 1,500 square feet, and
" either the dwelling or the apartment shall be occupied by the owner of the premises.
3.01.333 The accessory apartment shall be provided with not more than one bedroom, a living room, a kitchen and complete bathroom, as well as with two means of egress, including a separate outside door. The apartment shall have a maximum floor area of eight hundred (800) square feet or thirty-five (35) percent of the main dwelling floor area, whichever is less.
3.01.334 The single family dwelling and accessory apartment combination shall have a design that maintains the appearance of the premises as a single family dwelling use. The apartment shall be provided with two (2) off-street parking spaces.
3.01.335 Any request for an accessory apartment under these regulations shall be accompanied by the following:
" Approval from the Newtown Building Inspector that he or she has reviewed the plans for the proposed accessory apartment from a safety point of view and has no objection to same;
" A statement from the Town Sanitarian regarding the adequacy of the water supply and waste disposal system for the existing dwelling and the proposed accessory apartment;
" An affidavit of ownership signed by the owner of the premises and affirming intent that the owner will occupy the premises as the principle place of residence;
" A site survey showing all structures upon the site, the lot area, set back distances, well and septic areas;
" Floor plans for the proposed accessory apartment with dimensions, means of egress and photographs of the building that is proposed for the apartment;
" A copy of the Assessor's Card for the lot.
3.01.340 Vineyards and wineries with sales at retail on lots of at least 20 acres. Sales shall be limited to sealed bottles or other sealed containers of wine manufactured in such winery, but for consumption off the premises.
3.01.341 Tours and the offering and tasting of free samples of wine to visitors and prospective retail customers for consumption on the premises shall be permitted provided that a manufacturer permit for a farm winery has been issued by the State of Connecticut in accordance with Section 30-16 of the Connecticut General Statutes, as amended, and such permit is currently in effect at the premises. (Added 2/15/93)
3.01.350 Commercial dairy farms with retail sales on lots of at least twenty (20) acres. Sales shall be limited to frozen desserts and soft drinks to be consumed on or off premises and other products directly related to the products produced by such farm or other area commercial farms including seasonal items and specialty foods. Sales may be offered in a detached building for such purposes. The detached building may not exceed 1,000 (one thousand) square feet. (Added 9/1/2003)
3.01.400 Accessory Uses
The following are permitted accessory uses in Farming and Residential Zones so long as they remain clearly accessory to the principal use on a lot and are limited as set forth below:
3.01.410 Roadside stands for the sale of farm produce grown on the farms on which they are located.
3.01.411 Where said roadside stand is a permanent structure, a permit will not be issued until provisions have been made for at least 10 off-street parking spaces. Where said roadside stand is not a permanent structure, there shall be a place available for at least three cars to park completely off the paved portion of the street or, if said street is not paved or the traveled portion thereof is wider than the paved portion, then said parking must be completely off the traveled portion. Although said parking spaces need not be paved, they must be capable of being used during the weather conditions ordinarily expected during the season or seasons of use.
3.01.420 Home occupation activities and uses shall conform to the following standards and require a zoning permit and a certificate of zoning compliance.
3.01.421 The person or person conducting the office or home enterprise shall be a member of the family occupying the dwelling unit.
3.01.422 There shall be no more than two (2) non-family members or non-resident persons engaged in the office or home enterprise activity at any time.
3.01.423 The total floor area used for such office or home enterprise shall not exceed an area equal to twenty-five (25) percent of the floor area of the principal dwelling excluding the basement and the attic.
3.01.424 No finished consumer goods shall be acquired outside the dwelling unit for sale on the premises in connection with such office or home enterprise.
3.01.425 There shall be no evidence of any office or home enterprise outside the building in which it is located except for a sign as permitted under Article VIII, Section 1.
3.01.426 The office or home enterprise and the conduct thereof shall not impair the residential character of the premises nor impair the reasonable use, enjoyment and value of other residential property in the neighborhood.
3.01.427 The use does not create interference with radio and television reception in the vicinity and does not create any noise, odor, vibrations, light or unsightly conditions outside the dwelling in which said uses are conducted.
3.01.428 The application for a zoning permit shall be signed by the person or persons proposing to conduct the office or home enterprise and shall be accompanied by a detail description of the proposed use and a disclosure statement concerning toxic or hazardous material.
3.01.429 Each certificate of zoning compliance shall automatically terminate when the applicant no longer resides in the dwelling unit.
3.01.430 Antique shop provided that:
3.01.431 The accessory use is conducted entirely within a building upon the lot which the dwelling exists.
3.01.432 The accessory use does not change the residential character of the lot or dwelling in any visible manner, nor shall there be any external evidence of the accessory use except a sign as permitted by these regulations.
3.01.433 The total floor area occupied by the accessory use does not exceed 25 percent of the floor area of the principal dwelling excluding the basement and the attic.
3.01.434 The accessory use does not create interference with radio and television reception in the vicinity and does not create any noise, odor, vibrations, light or unsightly conditions outside the dwelling in which said use is conducted.
3.01.435 There shall be no more than two (2) non-family members or non-resident persons engaged in the accessory use at any time.
3.01.440 Day Care Home, Family
3.01.450 Keeping not more than two (2) roomers or boarders by a resident family in the dwelling, exclusive of domestic employees.
3.01.460 Storage of not more than one unoccupied recreational vehicle bearing a current registration.
3.01.470 Docks and boathouses.
3.01.480 One guest house provided that all of the following criteria are met:
3.01.481 There shall be no permanent occupancy of a guest house and such guest house may be constructed on the same lot as the principal dwelling where such lot has four or more acres.
3.01.482 Said lot may not be reduced below four acres in size subsequent to the erection of said guest house.
3.01.483 A plot plan submitted with an application for the construction of a guest house shall show all existing and proposed structures and septic systems upon a lot.
3.01.484 Where the person seeking to construct a guest house is required to use all or a portion of two or more otherwise valid subdivision lots, said person shall take action to merge the two or more lots into one lot so as to eliminate their identity as separate lots, prior to the application for the Zoning Permit for said guest house.
3.01.490 The keeping of dogs over the age of six months not for profit as follows:
" Three (3) or fewer - any lot;
" Four (4) or five (5) - minimum lot size of 2 acres;
" Six (6) to ten (10) minimum lot size of 4 acres.
3.01.500 One (1) apartment accessory to a single family dwelling, provided all of the following criteria are met:
3.01.501 The lot shall have a minimum of one acre unless served by public water and sewer and the dwelling or the accessory apartment shall be occupied by the owner of the premises.
3.01.502 The accessory apartment shall be located in the same building as the single family dwelling. The accessory apartment shall be provided with not more than one bedroom, a living room, a kitchen, and a complete bathroom and shall have two means of egress, including a separate outside door. Two (2) off-street parking spaces shall be provided for the accessory apartment.
3.01.503 Any single family dwelling containing an accessory apartment shall have a minimum floor area of 1,500 square feet. The accessory apartment shall have a maximum floor area of 800 square feet or 35 percent of the total floor area of the building, whichever is less. No accessory apartment shall be located in a basement or cellar unless such basement or cellar constitutes a full story.
3.01.504 The single family dwelling and accessory apartment combination shall have a design that maintains the appearance of the premises as a single family house. The entrance to the accessory apartment must be from other than the front unless there are two existing doors in the front of the house, in which case, one of them may be used for the accessory apartment.
3.01.505 Any request for zoning approval of an accessory apartment shall be accompanied by the following:
" Approval from the Newtown Building Inspector that he or she has reviewed the plans for the proposed accessory apartment from a safety point of view and has no objection to the use.
" A statement from the Town Sanitarian of the adequacy of the water supply and waste disposal system for the single family dwelling and the proposed accessory apartment.
" An affidavit of ownership signed by the owner of the premises and affirming intent that the owner will occupy the premises as the principle place of residence.
3.01.506 If all of the above criteria are met, the Zoning Enforcement Officer shall issue a Certificate of Zoning Compliance for the proposed accessory apartment provided, however, that the aforesaid certificate shall terminate when the owner of the premises (whether present or future) no longer resides thereon.
3.01.510 The boarding of horses on lots having four (4) acres or more provided that all of the following criteria are met:
3.01.511 No more than one and a half (1½) horses, six months old or older, per acre with a maximum of fifteen (15) horses kept on any lot.
3.01.512 Manure, which is stacked or composted on site, shall meet the following minimum setbacks:
" Manure shall be located at least one hundred (100) feet from any well, stream or other watercourse
" Manure shall be located at least one hundred (100) feet from any property line
3.01.513 There shall be a minimum of two thousand five hundred (2,500) square feet of turnout area for each horse.
" Turnout area shall be defined as enclosed open space suitable for the exercise of horses. Separate enclosures for each horse are not required.
3.01.514 The boundary of any riding ring shall be located a minimum of one hundred (100) feet from any property line.
3.01.515 Parking shall be provided pursuant to Article VIII, Section 3 of these regulations.
3.01.516 Indoor rings and lighted outdoor rings shall be by special exception pursuant to these regulations.
3.01.517 No shows are allowed. (Added February 18, 2002)
3.01.520 Horse boarding stables and not-for-profit horse riding clubs located on lots having ten (10) acres or more provided that the following standards are met:
3.01.521 No more than one and a half (1 ½) horses, six months old or older, per acre with a maximum of fifteen (15) horses kept on any lot.
3.01.522 Manure, which is stacked or composted on site, must meet the following minimum setbacks:
" Manure must be located at least one hundred (100) feet from any well, stream or other watercourse
" Manure must be located at least one hundred (100) feet from any property line
3.01.523 There shall be a minimum of two thousand five hundred (2,500) square feet of turnout area for each horse.
" Turnout area shall be defined as enclosed open space suitable for the exercise of horses. Separate enclosures for each horse are not required.
3.01.524 The boundary of any riding ring shall be located a minimum of 100 feet from any property line.
3.01.525 Parking shall be provided pursuant to Article VIII, Section 3 of these regulations.
3.01.526 Indoor rings and lighted outdoor rings shall be by Special Exception pursuant to Article XI of these regulations. (Added February 18, 2002)
301.530 through 3.01.535 added effective April 26, 2010:
3.01.530 Apartments for farm employees caring for horses, located in a detached barn, accessory to a single family dwelling, provided all of the following criteria are met:
3.01.531The apartment (s) shall be located in a two acre zone or more and lot shall have a minimum lot size equal to one half (1.5) times the zone acreage and the principal dwelling shall be occupied by the owner of the premises. The number of apartments allowed shall be calculated as one apartment per 10 horse stalls.
3.01.532 Each accessory apartment shall be provided with not more than one bedroom, a living room, a kitchen, and a complete bathroom and shall have two means of egress, including a separate outside door.
3.01.533 Each accessory apartment shall have a minimum floor area of 480 square feet and a maximum floor area of 800 square feet. No accessory apartment shall be located in a basement or cellar unless such basement or cellar constitutes a full story. The barn and accessory apartment combination shall have a design that maintains the appearance of the premises as a barn.
3.01.534 Any request for zoning approval of an accessory apartment (s) shall be accompanied by the following:
"~~~~~~~Approval from the Newtown Building Inspector that he or she has reviewed the plans for the proposed accessory apartment (s) from a safety point of view and has no objection to the use.
"~~~~~~~A statement from the Town Sanitarian of the adequacy of the water supply and waste disposal system for the single family dwelling and the proposed accessory apartment (s).
"~~~~~~~An affidavit of ownership signed by the owner of the principal dwelling and affirming intent that the owner will occupy the premises as the principle place of residence.
3.01.535 If all of the above criteria are met, the Zoning Enforcement Officer shall issue a Certificate of Zoning Compliance for the proposed accessory apartment (s) provided, however, that the aforesaid certificate shall terminate when the owner of the premises (whether present or future) no longer resides thereon.
3.01.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
3.01.700 Supplemental Regulations
Article VIII, Supplemental Regulations including signs, access management, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE III - RESIDENTIAL USES
SECTION 2 - ELDERLY HOUSING ZONE
3.02 Elderly Housing Zone (EH-10)
3.02.100 Purpose and Intent. The intent of this zone is to allow for housing explicitly suited for the elderly, including housing for those now well and able-bodied, those who are frail, and those in need of medical care, so that housing is available in Newtown for senior citizens to age in place. Elderly housing may be designed with one principal use or a mixture of principal uses within the development, as permitted herein.
It is the purpose of this zone to encourage the provision of multiple family housing for the elderly consistent with soil types, terrain and infrastructure capacity of the land. The design for elderly housing shall be sensitive to maintaining the rural character of the community in general and the neighborhood surrounding the development in particular.
Only elderly families may occupy elderly housing.
3.02.200 Special Exception Uses
The following principal uses are permitted in an EH-10 zone subject to the granting of a special exception by the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI. No use variance shall be granted to allow any principal or accessory use in this zone which is not expressly permitted. The principal uses shall be known hereinafter jointly and severally as "elderly housing":
(1) Dwelling units for elderly families
(2) Congregate housing for elderly families
(3) Hospital for elderly families
(4) Assisted living facility for the elderly
3.02.300 Accessory Uses
The following are permitted accessory uses so long as they remain clearly accessory to the principal use on the lot and are to be utilized solely by the persons residing or working on the lot and their guests:
(1) Clubhouse/community center
(2) Community kitchen and dining room
(3) Computer/communications lab
(4) Lecture hall/theater/audiovisual room
(5) Indoor or outdoor exercise facility
(6) Indoor swimming pool
(7) Whirlpool/sauna for exercise or therapy
(8) Art studio
(9) Customary home occupation
(10) Administrative offices
3.02.310 Additional Accessory Uses Permitted Only As Accessory To Congregate Housing For Elderly Families
The following are permitted accessory uses only where congregate housing for elderly families forms more than fifty (50%) percent of the principal use on the lot. These additional accessory uses shall remain clearly accessory to the principal uses on the lot and shall be designed to be utilized primarily by the persons residing or working on the lot and secondarily by the general public:
(1) Medical care facility
(2) Dental care facility
(3) Physical therapy facility
(4) Indoor swimming pool
(5) Whirlpool/sauna for exercise or therapy
(6) Child day care center
(7) Personal care or beauty care facility
(8) Laundry Facilities
3.02.400 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply, and in addition:
3.02.410 Setbacks. A minimum setback of one hundred (100) feet shall be provided from all property boundaries except for two cases as follows:
(1) When a side or rear yard is adjacent to an EH-10 Zone, the setback shall be twenty-five (25) feet along such boundary.
(2) When a side or rear yard is adjacent to a business or industrial zone, the setback shall be fifty (50) feet along such property boundary.
No private street, driveway, parking area, sidewalk, patio, structure or overhang shall be within the minimum setback area other than that portion of a private street the sole purpose being for entrance or egress from the property to the street.
3.02.420 Pre-existing government-subsidized affordable elderly housing. When a lot already contains a government-subsidized affordable elderly housing operating under a previously approved special exception, the limitations established in Section 3.02.410 shall not apply to any additions provided that such additions will provide additional affordable elderly housing. In such cases, the setback requirements that were in effect under the previously approved special exception shall supercede the requirements of Section 3.02.410.
3.02.430 Density calculation. Land having wetlands, watercourses and ponds shall be deducted from the total lot area before the density calculation is made.
3.02.440 Pre-existing hospital. When the lot on which elderly housing is to be located already contains a hospital operating under a previously approved special exception, the limitations established in Sections 3.02.450 and 3.02.460 shall not apply to the hospital portion of the lot, except that the area containing existing hospital structures plus two acres shall be excluded from the calculation of lot acreage.
3.02.450 Density for dwelling units for elderly families. Except as set forth in Section 2.01.550 concerning the aquifer protection district, the number of dwelling units permitted for dwelling units for elderly families shall not exceed three and one-half (3.5) times the lot acreage as calculated pursuant to Section 3.02.430 or one hundred and fifty (150) units, whichever is less.
3.02.460 Density for congregate housing. Except as set forth in Sec. 2.01.400 concerning the aquifer protection district, the number of congregate housing for elderly family units permitted shall not exceed six (6) times the lot acreage as calculated pursuant to Section 3.02.430 or three hundred (300) units, whichever is less.
3.02.500 Building Design Standards and Infrastructure
3.02.510 Exterior walls. No building shall exceed two hundred (200) feet in a single dimension. No exterior wall shall exceed fifty (50) feet in length in an unbroken plan without an offset of at least ten (10) feet.
3.02.520 Minimum distance between buildings. A minimum of one (1) foot of separation for every three and one-half (3.5) feet of building length, as measured at the front of the building shall be provided. In no case shall the distance between buildings be less than thirty (30) feet.
3.02.530 Ramps and elevators. Where the main entrance to a dwelling unit or congregate housing for elderly family unit is at a level different from ground level, an elevator that rises to the level of each unit or a ramp, suitable for use by a wheelchair shall be provided to the main entrance of each dwelling unit. Such ramp or elevator may be common to more than one unit.
3.02.540 Bedrooms. No dwelling unit or congregate housing for elderly family unit shall contain more than two (2) bedrooms.
3.02.550 Units per building. No building shall contain more than eight (8) individual dwelling units for elderly families.
3.02.560 Wastewater discharge. If a portion of the lot is approved for connection to a sanitary sewer in accordance with policies, procedures or regulations established by the Newtown Water Pollution Control Authority, then all wastewater discharge from that portion of the lot shall be directed to the sanitary sewer. For that portion of the lot where there is no such sanitary sewer available, the site plan application must provide the Commission with an on-site subsurface sewage disposal system suitable for approval by the applicable state and/or local agencies in accordance with local and state statutes and regulations. Any subsurface sewage disposal system shall rely solely on the land for hydraulic and renovation capability to treat the discharge from the proposed development. An association of property owners, or
other mechanism satisfactory to the Commission, shall be established with the authority and financial capability to operate and maintain any community sewage disposal system within the development.
3.02.570 Utilities. All utilities on the lot shall be underground.
3.02.580 Fire suppression. Fire suppression systems shall be provided in conformance with Section 8.14 of these regulations.
3.02.590 Steep Slopes. Site layout should be designed to minimize development upon and recontouring of slopes having twenty-five (25) percent or more grades. Disturbance of steep slopes and the creation of steep slopes shall be avoided to the greatest extent possible.
3.02.600 Accessways, Private Streets, Driveways, Sidewalks and Parking
3.02.610 Accessways. Each lot shall be served by a strip of land having a width of not less than one hundred (100) feet throughout its length from a public highway through which vehicular access is provided. This shall contain a private street as the primary accessway for ingress and egress. This primary accessway shall be constructed with a planted median strip separating the ingress and egress lanes of the accessway.
Each lot containing forty (40) or more units of elderly housing shall have a secondary accessway suitable for use by emergency vehicles. The secondary accessway shall be not less than twenty (20) feet wide throughout its length. It may be located within the same strip of land as the primary accessway or in a separate location, but may not encroach upon the private street, which is the primary accessway. The secondary accessway need not be paved with an impervious surface however it shall be hard surfaced and accessible by fire apparatus. The secondary accessway shall be clear and maintained at all times so that there are no impediments to emergency vehicle use.
3.02.620 The streets within the lot shall remain in private ownership and shall be designed for safe and easy circulation of traffic within the lot. The private streets shall be laid out with attention to the natural contours of the land and natural features on the lot. The private streets must be capable of providing easy access for all emergency vehicles.
Such private streets shall conform to the design standards as set forth by the American Association of State Highway and Transportation Officials (AASHTO) - Guidelines for Geometric Design of Very Low Volume Local Roads (ADT less than or equal to 400) 2001 or its successors. The design speed shall be 15 mph and so posted with proper signs. The minimum horizontal curve radius shall be 70 feet, the minimum stopping sight distance shall be 65 feet and the minimum sight distance for intersections shall be 70 feet. All other design and construction elements of the private streets shall conform to the standards for a local residential street as set forth in the Newtown Road Ordinance, as amended, except that no easement, right of way or dedication of land to the Town shall be required for the private streets.
All phases of the construction of the streets shall be inspected and certified by the applicant's licensed professional engineer. All certifications must be provided to the Newtown Land Use Agency prior to the release of any bonds. (amended effective August 28, 2006)
3.02.630 Intersection with public highway. Private streets shall enter a public highway only in locations where the sight distance in each direction meet or exceed the requirements of the Newtown Road Ordinance and any applicable state regulations. No private street in an elderly housing development shall enter a public highway less than seventy-five (75) feet from the centerline of the nearest intersecting highway or private street on the same side of the public highway. Proposed private streets shall intersect existing and other proposed streets at right angles for a distance of at least one hundred (100) feet from the intersecting street lines unless otherwise approved by the Commission. Such approval shall not be granted where the intersection is at an angle less than sixty (60) degrees.
3.02.640 Driveways and Parking. Article VIII, Section 3 shall apply to the Elderly Housing Zone with the following exceptions, which shall supersede the requirements of Article VIII, Section 3.
3.02.641 Driveways. Each driveway serving structures, dwelling units for elderly families, congregate housing, hospitals for elderly families or accessory uses shall meet the following criteria:
(1) Travel width. The travel width of the driveway shall at no point be less than ten (10) feet. Driveways serving more than one dwelling unit shall be no less than sixteen (16) feet wide.
(2) Grading. Driveways within the lot shall not contain grades greater than five (5%) percent.
(3) All driveways upon the site shall intersect with the private street in the development. No driveway shall intersect directly with a public highway.
3.02.642 Sidewalks. Sidewalks shall connect the main entrance of each building and each dwelling unit that has an individual entrance to the outside to a convenient parking area. Where dwelling units have common first floor entrances or are at a second or third floor level, sidewalks shall connect an entrance to the building near an elevator to a convenient parking area. Sidewalks may connect each building with each other building on the lot. Sidewalks shall not be pitched at a slope greater than 1 to 20. The use of steps on a sidewalk is prohibited. Sidewalks shall be at least three (3) feet wide.
3.02.643 Parking location and space size. All parking spaces shall be provided off the private street, but on the same lot as the elderly housing. Each parking space shall contain a rectangle no less than nine (9) feet in width and twenty (20) feet in length. Parking spaces may be provided by use of a garage, a carport, or a paved surface dedicated to parking. In addition, a driveway in front of a garage serving a single dwelling unit for elderly family may be considered a parking space, provided that the length of the driveway is no less than twenty-two (22) feet and no part of the twenty-two (22) feet encroaches upon a sidewalk. All parking for a dwelling unit shall be located within one hundred fifty (150) feet of its associated dwelling unit. All parking for an accessory use shall be located within one
hundred fifty (150) feet of the entrance to the accessory use.
3.02.644 Parking grade. No parking space shall have a grade greater than five (5%) percent.
3.02.645 Number of parking spaces. The minimum number of parking spaces is set forth in the following schedule and shall be cumulative:
(1) Dwelling units for elderly families. Two spaces per dwelling unit plus one visitor space for every five (5) dwelling units (rounded to the next higher number).
(2) Congregate housing for elderly family. See Section 8.03.600.
(3) Hospitals for elderly families. One space for six (6) patient beds.
(4) Employees/On-site workers. One parking space for each employee or on-site worker on the largest shift.
(5) Accessory uses.
(a) Clubhouse/Community center. Ten (10) spaces.
(b) Community kitchen and dining room. No additional spaces.
(c) Computer/communications lab. No additional spaces.
(d) Lecture hall/theater/audio visual room. Ten (10) spaces.
(e) Indoor or outdoor exercise facility. Two (2) spaces.
(f) Indoor swimming pool. Four (4) spaces.
(g) Whirlpool/sauna for exercise or therapy. Four (4) spaces.
(h) Art studio. No additional spaces.
(i) Customary home occupation. No additional spaces.
(j) Administrative offices. No additional spaces.
(k) Medical care facility. Two (2) spaces.
(l) Dental care facility. Two (2) spaces.
(m) Physical therapy facility. Two (2) spaces.
(n) Pre-school. Four (4) spaces.
(o) Personal care or beauty care facility. Two (2) spaces.
3.02.646 Sufficient parking spaces shall be provided to accommodate all persons reasonably expected to be on site at any one time. Where the applicant sufficiently demonstrates that the minimum parking requirements set forth herein exceed the number of spaces that are necessary, the Commission may waive the immediate construction of such excessive parking spaces up to the extent of fifty (50%) percent provided the following criteria are met:
(1) The site plan shall be designed with the minimum number of spaces as required herein and shall clearly indicate those spaces for which an immediate construction waiver is requested.
(2) No structures or other improvements, except parking, driveways and underground utilities, may be constructed within the unimproved parking area, and said area shall be suitably landscaped.
3.02.647 The Commission may require that the area for which a parking waiver has been granted be properly improved if, after public hearing, the Commission determines that the improvement of such parking area is necessary to meet the parking needs of the elderly housing development. A bond in an amount equal to one hundred (100%) percent of the cost of construction of the parking area shall be submitted to guarantee that the parking area, or a portion thereof, is properly improved. The bond shall be in force for a period not to exceed two (2) years from the date of issuance of a final certificate of zoning compliance for the elderly housing development.
3.02.700 Lighting. All private streets, parking areas, and sidewalks shall be artificially illuminated. Such lighting shall be residential in character and shall be coordinated with the landscaping plan. No direct rays from such lighting shall fall off the lot or shine into the windows of the elderly housing within the lot. All exterior lighting shall comply with the provisions of Article VIII Section 5 herein.
ARTICLE III - RESIDENTIAL USES
SECTION 3 - AFFORDABLE HOUSING DEVELOPMENT (AHD)
3.03 Affordable Housing Development
3.03.100 Purpose and Intent. It is the purpose of the affordable housing development regulations to encourage flexibility in site design and housing construction thereby promoting housing choice, economic diversity and open space preservation. Variety in housing types including single family cluster development, two-family dwellings, multi-family dwellings or a combination thereof will help meet community needs now and in the future including the need for affordable residential housing. The provision of these regulations are intended to ensure that affordable housing developments are constructed in full compliance with all of the requirements of this section as well as other applicable town ordinances and regulations. An affordable housing development shall be permitted in suitable locations which must be consistent
with soil types, terrain and infrastructure capacity and shall be sensitive to maintaining the rural character of the community and of the neighborhood in which they are located.
For any affordable unit offered for sale, the maximum monthly housing cost shall include the costs for mortgage principal and interest, real property taxes and insurance but does not include amounts paid as a down payment, for utilities, optional unit features provided by the developer, or fees to a unit owners association. The maximum monthly housing cost for rental units shall include the amount paid by a tenant for a dwelling unit, inclusive of utilities, but exclusive of optional services offered by the landlord.
For any affordable dwelling unit that is rented, if the maximum monthly housing cost, as calculated in accordance with the definition of "Affordable Housing Development" in Article I Section 2, would exceed one hundred percent of the Section 8 fair market rent as determined by HUD, in the case of units set aside for persons and families whose income is less than or equal to sixty percent of median income, then such maximum monthly housing cost shall not exceed one hundred percent of said Section 8 fair market rent. If the maximum monthly housing cost, as calculated in accordance with the definition of "Affordable Housing Development" in Article I Section 2, would exceed one hundred twenty percent of the Section 8 fair market rent, as determined by HUD, in the case of units set aside for persons and families whose income is
less than or equal to eighty percent of median income, then such maximum monthly housing cost shall not exceed one hundred twenty percent of such Section 8 fair market rent.
For any affordable dwelling unit that is offered for rent, no person shall impose on a prospective tenant who is receiving governmental rental assistance a maximum percentage - of - income - for - housing requirement that is more restrictive than the requirement, if any, imposed by such governmental assistance program. (Effective 12/18/00)
3.03.200 Standards and Location Criteria. An affordable housing development possesses special characteristics and shall be permitted as a principal use subject to the granting of a special exception by the Commission. Such special exception shall meet the standards, criteria, conditions and procedures which are set forth in Article XI herein, and the additional standards and criteria set forth below:
(1) An affordable housing development may be located in Farming & Residential Zones R-1, R-2 and R-3 and no other.
(2) An affordable housing development may be located on parcels of land having direct access to and frontage on an arterial or major collector roadway as such roadways are identified in the Newtown Plan of Conservation and Development, as amended, so as to provide traffic access to such affordable housing developments without generating excessive traffic on minor or local streets in residential areas. (Effective 10/7/96)
(3) There shall be a minimum common open space requirement of thirty percent (30%) of the total gross acreage of the site. Such common open space shall include, as a minimum, the same proportion of "usable site area", as defined in Section 3.03.340 as exists on the total gross acreage. Common open space area(s) shall be provided in aggregate areas suitable for active and passive recreational activities. Roadways, driveways, parking areas, and planting islands within parking areas shall not be counted toward the thirty percent (30%) common open space requirement. Any application for an affordable housing development shall describe the proposed location, size, and design of the common open space areas including any facilities associated with them. All land designated for
common open space shall remain under the ownership of the property owner(s) and shall be maintained by such owner(s).
(4) Affordability Criteria.
(a) The maximum monthly housing cost for the affordable units shall be established as an amount that is affordable as defined under "Affordable Housing Development", "Median Income" and "Maximum Monthly Housing Cost" in Article I Section 2. (Effective 12/18/00)
(b) Any affordable unit which is sold shall be conveyed only by a deed which restricts the maximum price upon resale to an amount that will maintain the unit as affordable in accordance with the definition of "Affordable Housing Development" in Article I Section 2.
(c) An affordable unit shall be occupied only as the purchaser's or tenant's primary residence. Subletting shall be strictly and specifically prohibited in the lease for each affordable unit.
(d) The forty year period during which thirty percent of the units shall remain affordable shall begin, as to a rental unit, as of the date of the commencement of the initial tenancy, and as to a sale of a unit, as to the date of initial conveyance of title. During the forty year affordable period the designated units within the development shall be maintained as affordable so as to maintain the minimum thirty percent set aside and the development as a whole shall continue to comply with all requirements of this section. (Effective 12/18/00)
(e) The affordable housing units shall be offered for sale or rent as set forth herein:
" Employees of the Town of Newtown shall be given first preference in both the rental and sale of affordable units.
(5) Affordability Plan. In conjunction with the submission of an application for approval of an affordable housing development the applicant shall submit an "Affordability Plan", which shall describe in detail how the development will comply with the regulations regarding affordable housing and how the affordability covenants and restrictions will be administered as set forth in Section 3.03.200 (4).
Such affordability plan shall be consistent with both the regulations set forth herein and any subsequent regulations that may be adopted by the Commissioner of the Connecticut Department of Economic and Community Development pursuant to Section 8-30g of the general statutes.
An affordability plan shall include at least the following:
(a) designation of the person, entity or agency that will be responsible for the duration of any affordability restrictions, for the administration of the affordability plan and its compliance with the income limits and sale price or rental restrictions set forth herein;
(b) an affirmative fair housing marketing plan governing the sale or rental for all dwelling units;
(c) a sample calculation of the maximum sales price or rents of the intended affordable dwelling units;
(d) a description of the projected sequence in which the affordable dwelling units will be built and offered for occupancy and the specific location of such units within the proposed development;
(e) conditions of approvals, deeds, restrictive covenants or lease provisions that will govern the affordable dwelling units;
(f) the mechanism for maintaining common recreational facilities and open space areas within the development. (Effective 12/18/00)
3.03.300 Area, Height and Yard Requirements. Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply, and in addition:
3.03.310 Street frontage. Each lot shall have a minimum frontage of 300 feet. However, a rear lot served by an accessway having a width of no less than 100 feet throughout its length shall also be eligible for an AHD.
3.03.320 Front yard setback. Where the lot has the required minimum street frontage, the minimum setback from the street shall be 75 feet from the street line or 100 feet from the centerline of the street, whichever is greater. In establishing front, side and rear yards for any lot without the required minimum street frontage, the front yard of any such lot shall be located on that portion of the rear lot nearest to the street to which access is provided.
3.03.330 Side and Rear Setbacks. The minimum side and rear yards shall be 35 feet for one story structures and 50 feet for structures of two or more stories.
3.03.340 Density. The number of dwelling units permitted shall be four (4) units per usable acre based upon deduction of area as applicable. Such density shall be calculated as usable using the total site acreage. Acreage having slopes of 25 percent (25%) or more shall be calculated using 50 percent (50%) of such area. Acreage having wetlands, watercourses or area within the base flood elevation as determined by the Federal Emergency Management Agency shall be calculated as usable using 25 percent (25%) of such areas. All other acreage is considered usable site area and density shall be calculated at 100 percent (100%). In no case, regardless of acreage, shall an AHD project exceed 100 units. (Effective 12/16/96)
3.03.350 Building Height. Building height shall comply with Article VII of these regulations pertaining to residential structures.
3.03.360 Site Utilities.
3.03.361 Any affordable housing development shall be served by and all units in an AHD shall be connected to a public water supply, or, if no such public water supply is available at the site, to:
(1) a private water company approved in accordance with Section 16.26m of the General Statutes, or
(2) for detached units only, individual wells in compliance with all applicable Public Health Codes provided that any AHD serviced by individual wells shall have 20 or fewer units.
3.03.362 If the lot is approved for connection to sanitary sewers in accordance with the policies, procedures or regulations established by the Newtown Water Pollution Control Authority, all wastewater discharges shall be directed thereto. If there is no such sanitary sewer available, the site plan application must provide the Commission with an on-site subsurface sewage disposal system approved by the applicable state and/or local agencies in accordance with local and state statutes and regulations. Any individual or community subsurface disposal system shall rely solely on the land for hydraulic and renovation capability to treat the discharge from the proposed development. An association of property owners, or other mechanism satisfactory to the Commission, shall be established with the authority and financial capability to
operate and maintain any private community sewage system within the development. (Effective 7/31/95)
3.03.363 Adequate provision for storm drainage shall be made as determined by the Town Engineer in accordance with Town standards.
3.03.364 All utilities in the development shall be underground.
3.03.365 Fire protection facilities shall be provided and the water storage and rates of flow available to such shall be adequate to fight any fire which could occur on the property.
3.03.370 Building Design Standards.
3.03.371 All multi-family dwellings included in affordable housing development shall be designed in a townhouse or garden apartment type construction. There shall be no more than one (1) dwelling unit or portion thereof located above another dwelling unit.
3.03.372 Each dwelling unit shall have an entrance providing direct access to the exterior, which access shall not be shared in common with any other dwelling unit.
3.03.373 No building shall contain more than four dwelling units. No building shall exceed 120 feet in a single dimension. No exterior wall shall exceed 60 feet in length in an unbroken plane without an offset of at least 10 feet. (Effective 12/16/96)
3.03.374 The minimum distance between buildings shall not be less than 40 feet, unless the dwelling unit in the building offers an attached garage. In the latter case the distance shall not be less than 20 feet.
3.03.375 Dwelling units shall contain no less than one bedroom and no more than three bedrooms.
3.03.376 Affordable units shall be of a construction quality that is comparable to market-rate units within the development, and shall be dispersed throughout the development. The units set aside as affordable shall contain at lest thirty percent (30%) of the total bedrooms proposed for the project. Such affordable units shall be equally distributed in conformance with the definition of "Affordable Housing Development" in Article I, Section 2. (Effective 12/18/00)
3.03.377 If the development is to be built in phases, the affordable units will be built on a pro rata basis as construction proceeds.
3.03.380 Private roadways, parking, sidewalks and landscaping.
3.03.381 Private roadways within the development shall be at least 22 feet wide with a surface of bituminous concrete or equivalent in accordance with Town standards. Private roadways shall be designed for easy circulation within the development and safe intersections with public highways, which intersections shall not be less than 75 feet from the center line of the nearest intersecting street on the same side of the street as the access roadway.
3.03.382 Parking shall conform to the requirements of Article VIII, Section 3 in general. The number of parking spaces provided shall meet the requirements for "affordable housing developments" under Section 8.03.600. Parking areas and garages shall be located adjacent to the dwelling units they will serve and shall not be located greater than 150 feet from unit entrances.
3.03.383 Sidewalks shall connect the front entrance of each dwelling unit with a parking area and each multiple-dwelling building with a contiguous multiple-dwelling building. Sidewalks shall not be pitched at a grater than 1 to 20 slope and the use of steps shall be avoided where feasible.
3.03.384 If parking areas and sidewalks are proposed to be artificially illuminated, then such lighting shall be arranged so that no direct rays from such lighting fall off the lot or shine into the windows of any dwelling unit within the development. All parking areas shall be suitably landscaped, using such techniques as planted islands and preservation of existing large trees and natural buffers. Adequate screening of such parking areas from adjacent properties shall be provided utilizing natural contours and vegetation to the greatest extent possible.
3.03.385 Parking areas shall not be permitted within front, side or rear setbacks or within accessway areas. Such setback areas shall be landscaped so as to maintain a residential character and so as to provide a natural buffer from adjoining properties.
3.03.390 Landscaping. Existing vegetation and natural changes in topography shall be maintained to the greatest extent possible in designing site development. Screening from adjacent properties shall be enhanced by maintaining existing vegetation and topography and shall be supplemented with fences, walls, berms and dense landscaping which will adequately screen an affordable housing development from adjacent properties the year round.
3.03.400 Accessory Buildings. A detached accessory building for use by residents of the development and their guests for dining, recreation, amusement and as a meeting place shall be permitted. Such building shall not be available for use by other groups or members of the general public, even where limited by an admission charge. Parking meeting the requirements of Section 8.03.600 for places of assembly shall be provided for such building in addition to the parking required by Section 3.03.382.
ARTICLE IV - BUSINESS COMMERCIAL & PROFESSIONAL USES
SECTION 1 - BUSINESS AND PROFESSIONAL OFFICE ZONE (BPO)
4.01.100 Purpose and Intent
The purpose of the BPO Business & Professional Office Zone is to provide a business district where limited commercial activity single family residential and limited hospitality uses can co-exist.
The intent of the BPO Business Professional Office Zone is to limit the number, size and type of commercial uses that may be conducted within the zone.
4.01.200 Permitted Uses
4.01.210 The following principal uses are permitted within a single building provided that Site Development Plan approval has been granted, if required, in accordance with Article X hereof. Uses that are not listed shall not be permitted by variance.
4.01.211 One-family dwelling, one per lot.
4.01.212 A one-family dwelling plus the office of a professional person.
4.01.213 A community residence, one per lot.
4.01.214 A community residence plus the office of a professional person.
4.01.215 A bed and breakfast, one per lot.
4.01.216 One or more of the following uses may occupy a single building of less than 10,000 square feet provided that not more than five uses (tenants) may locate on the first floor and not more than five uses (tenants) may locate on the second floor:
" Financial institution
" Medical or dental laboratory
" Office
4.01 300 Special Exception Uses
4.01.310 The following principal uses and building size are permitted in the BPO Zone subject to obtaining a Special Exception approval from the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI hereof, and the additional standards and criteria set forth herein:
4.01.311 a child day care center
4.01.312 a personal service establishment
4.01.313 a single building which is arranged, designed, intended to house or is capable of housing more than five permitted uses (tenants) on the first floor, or more than five permitted uses (tenants) on the second floor or when such building exceeds 10,000 square feet.
" The minimum lot area shall be computed at a ratio of 43,560 square feet for each 9,000 square feet of usable gross floor area (or fraction thereof);
" Lot frontage shall be equal to at least one-half (1/2) the average depth of the lot, but not less than 150 feet;
" Sufficient parking spaces shall be provided to accommodate all persons reasonably expected to patronize said business building at any one time;
" The requirements of Article VII hereof shall otherwise be met except that the Commission may require wider buffers, wider side or rear yards and a deeper building setback than are otherwise required where needed to screen adequately residential zones, or to meet the standards set forth in Article XI, provided that structural coverage including parking and loading areas is not required to be reduced to less than sixty percent (60%) of lot area;
" The wall of the business building facing the street shall not be longer than 200 feet or twice the distance which is setback from the street line, whichever is greater.
4.01.314 Veterinary hospital
4.01.315 Place of religious worship
4.01.400 Accessory Uses
Article IV, Section 4 regarding Accessory Uses in Business Zones shall apply.
4.01.500 Site and Building Standards in Business Zones
Article IV, Section 5 regarding Site and Building Design Standards in Business Zones shall apply.
4.01.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
4.01.700 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE IV - BUSINESS COMMERCIAL & PROFESSIONAL USES
SECTION 2 - RETAIL BUSINESS ZONE (B-1)
4.02.100 Purpose and Intent
The purpose of the B-1 Retail Business Zone is to encourage small-scale commercial activity where retail and office space is provided for businesses consistent with the character of Newtown.
The intent of the B-1 Retail Business Zone is to limit the maximum size and configuration of the commercial building relative to the lot size and to permit opportunities for small scale commercial activities.
4.02.200 Permitted Uses
4.02.210 One or more of the following principal uses are permitted within a single building upon a lot subject to the criteria set forth herein and provided that Site Development Plan approval has been granted in accordance with Article X hereof, if so required. Uses, buildings or structures that are not listed shall not be permitted by variance.
4.02.211 Store or shop for the conduct of retail business, including, without limitation, a liquor package store.
" The permanent sales areas of all such stores or shops shall be wholly enclosed and there shall be no permanent outdoor storage of merchandise.
" The maximum gross floor area for any single retail business shall be limited to 40,000 square feet.
4.02.212 Personal service establishment.
4.02.213 Financial Institution.
4.02.214 Offices.
4.02.215 Restaurant.
4.02.216 Telephone exchange, electric substation or other public utility use, except for towers and antennas and other structures exceeding height limitations of Article VII.
4.02.217 Residential dwellings located above commercial uses at a density no greater than one (1) dwelling unit per one-half (1/2) acre of land as calculated pursuant to Section 6.04.600.
4.02.218 Bed and Breakfast
4.02.220 Building Size and Permitted Use Criteria
4.02.221 Building having Less Than 4,500 Square Feet: More than one permitted use may occupy a single building provided the maximum number of permitted uses does not exceed the building floor area divided by 1,000.
4.02.222 Building having More Than 4,500 Square Feet and Less than 10,000 square feet. Any lot having at least 43,560 square feet and a minimum of 150 feet of frontage at the street line may have a building larger than 4,500 square feet and less than 10,000 square feet. More than one permitted use may occupy a single building provided the maximum number of uses does not exceed the building floor area divided by 1,000.
4.02.300 Special Exception Uses
4.02.310 The following principal uses and larger building size are permitted subject to obtaining a Special Exception approval from the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI hereof, and the additional standards and criteria set forth herein:
4.02.311 Child day care center.
4.02.312 Veterinary hospital.
4.02.313 Medical or Dental Laboratory
4.02.314 Any building larger than 10,000 square feet, provided the following criteria is satisfied:
" The minimum lot area shall be computed proportionally as follows: for each 9,000 square feet of gross floor area, the lot shall contain 43,560 square feet;
" Lot frontage shall be equal to at least one-half (1/2) the average depth of the lot, but not less than 150 feet;
" Sufficient parking spaces shall be provided to accommodate all persons reasonably expected to patronize said business building at any one time;
" The requirements of Article VII hereof shall otherwise be met except that the Commission may require wider buffers, wider side or rear yards and a deeper building setback than are otherwise required where needed to screen adequately adjacent residential zones, or to meet the standards set forth in Article XI, provided that structural coverage including parking and loading areas is not required to be reduced to less than 60 percent of lot area;
" The wall of the business building facing the street shall not be longer than 200 feet or twice the distance which it is set back from the street line, whichever is greater;
" The lot area shall not exceed 10 acres unless all portions of the lot in excess of 10 acres are excluded in determining maximum structural coverage permitted;
" The maximum gross floor area allowed for any single retail store or shop shall be limited to 40,000 square feet.
4.02.400 Accessory Uses
Article IV, Section 4 regarding Accessory Uses in Business Zones shall apply.
4.02.500 Site and Building Standards in Business Zones
Article IV, Section 5 regarding Site and Building Design Standards in Business Zones shall apply.
4.02.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
4.02.700 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE IV - BUSINESS COMMERCIAL & PROFESSIONAL USES
SECTION 3 - GENERAL BUSINESS ZONE (B-2)
4.03.100 Purpose and Intent
The purpose of the B-2 General Business Zone is to encourage a diversity in commercial activities that contribute to health and well being of the community.
The intent of the B-2 General Business Zone Regulations is to encourage development consistent with the capacity of the lot on which it is located and the infrastructure to support it.
4.03.200 Permitted Uses
4.03.210 One or more of the following principal uses are permitted within a single building upon a lot subject to the criteria set forth herein and provided that Site Development Plan approval has been granted in accordance with Article X hereof, if so required. Uses that are not listed shall not be permitted by variance.
4.03.211 Uses in other Zones
All uses permitted in the B-1 Retail Business Zone. If a Special Exception is required in said B-l Zone, it is also required for the B-2 Zone unless otherwise stated herein.
4.03.212 Publishing and Printing establishments. (Effective 6/21/99)
4.03.213 Hotel or Motel.
4.03.214 Public passenger terminal (other than airline).
4.03.215 Restaurant whether or not selling alcoholic beverages. (See 8.12 for restrictions on the sale of alcoholic beverages.)
4.03.216 Salesroom for the display and sale of new automobiles, farm equipment, trucks and motorcycles.
4.03.217 Place of religious worship. (Effective 9/7/91)
4.03.218 Store or shop for the conduct of wholesale business. The maximum gross floor area shall be limited to 40,000 square feet. (Effective 8/12/96)
4.03.219 Bed and Breakfast
4.03.300 Special Exception Uses
4.03.310 One or more of the following additional principal uses and larger building sizes are permitted subject to obtaining a Special Exception approval from the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI hereof, and the additional standards and criteria set forth herein. If a Special Exception is required in said B-l Zone, it is also required for the B-2 Zone unless otherwise stated herein.
4.03.311 Uses in other Zones
All uses permitted in the B-1 Retail Business Zone.
4.03.312 Bowling alley.
4.03.313 Indoor theater.
4.03.314 Laundromat, dry cleaning or laundry establishment.
4.03.315 Storage in bulk of, or a warehouse for, building materials, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice, machinery, paint, paint supplies, pipe, rubber, shop supplies, tobacco or wood. If storage is to be provided outdoors a planted or natural buffer shall be provided between the items stored and the front and side lot lines and between the items stored and the rear lot line if adjacent to a residential zone.
" One per lot.
4.03.316 Operating a kennel, one per lot.
4.03.317 A public garage or filling station except within the Aquifer Protection District provided the following criteria is satisfied:
" One use per lot as described herein;
" Any Special Exception granted hereunder shall be contingent upon the applicant subsequently obtaining a certificate of approval of location from the Zoning Board of Appeals pursuant to the relevant motor vehicle laws of the State of Connecticut;
" No gasoline filling station or public garage shall have any entrance or exit
" on a street within a distance of 300 feet of any public park, playground, school, church, library, theater, hospital or other public garage or filling station located on either side of said street or
" on an intersecting street within 300 feet measured along the street lines from said entrance or exit. Effective 10/26/92)
" No existing filling station or public garage or one which subsequently becomes permitted pursuant to this section, shall be deemed to become nonconforming through the subsequent erection of one of the buildings listed under the second bullet point in this section above within less than 300 feet of said entrance or exit. (Effective 10/26/92)
" No gasoline pump or other device used for the dispensing of flammable liquids shall be located within any building setback line.
" Any existing filling station in a B-2 Zone, whether or not operated in conjunction with a public garage, or any such filling station which becomes permitted pursuant to this Section, may be used as a combination filling station and grocery store, provided:
" The square footage of the building or other structure devoted to the grocery store does not exceed 1,500 square feet.
" Adequate parking is provided for the store in accordance with Article VIII, Section 3 hereof in addition to parking provided for the filling station.
" Groceries and edible products are sold for use or consumption only off the lot; no space is provided on the lot or in the building for tables, counters or other facilities designed to be used for eating, and no food is cooked on the premises.
" No door providing public access to the grocery store shall enter upon a yard in which gas pumps are located unless the distance between the wall containing said door and the edge of the gas pump island facing said wall is not less than 20 feet at the nearest point.
" No person operating the gas pumps, repairing or servicing motor vehicles or otherwise working in the service station area of the structure shall sell or dispense any products in the grocery store portion of the structure.
4.03.318 A car wash except within the Aquifer Protection District, one per lot.
" Any Special Exception granted hereunder for a car wash shall be contingent on the applicant obtaining and maintaining in force a discharge permit if required from the Connecticut Department of Environmental Protection.
" No Special Exception for a car wash shall be approved unless all discharges are connected to a municipal sanitary sewer line or the car wash system is designed so that the water used in all of the wash and rinse functions is recyclable and there shall be no discharge from the car washing equipment. Any solids or waste waters which cannot be recycled shall be held and removed from the premises by a waste hauler licensed in Connecticut for this purpose. (Effective 10/26/92)
" No car wash shall have any entrance or exit from or to a street within a distance of 300 feet of any public park, playground, school, church, library, theater, or hospital.(Effective 10/26/92)
" No existing car wash, or one which subsequently becomes permitted pursuant to this section, shall be deemed to become nonconforming through the subsequent erection of one of the buildings listed in the third bullet point of this section above within less than 300 feet of said entrance or exit. (Effective 10/26/92)
" In addition to the requirements of Article XI, any applicant for a car wash shall submit details of the facility including, but not limited to specifications for its water usage, water discharge or recycling capability, waste containment and drainage. The applicant shall also submit a certified statement from a licensed professional engineer regarding the system's compliance with the second bullet point of this section. (Effective 10/26/92)
4.03.319 A Shopping Center
" The minimum area of a lot containing a shopping center shall be 10 acres.
" Such lot need not have street frontage provided that:
" it is served by a strip of land 100 feet wide,
" the lot line closest to the street is at least twice the distance from the street line as the required minimum lot width in the zone in which the land fronting on the street is located, and
" a buffer is provided along the strip of land and between the shopping center lot and the rear yards of the land having street frontage, where required by the Commission.
" More than one detached building may be placed on the lot. Buildings and parking areas shall be arranged in such a way as to promote the orderly and safe flow of traffic within the shopping center and promote the convenience and safety of pedestrians therein.
" All buildings within a shopping center shall be in harmony with each other as to architectural design and exterior surface.
" The maximum gross floor area allowed for any single retail store or shop located within a shopping center shall be limited to 40,000 square feet. (Effective 8/12/96)
" In addition to the uses which are permitted in a business building per Section 4.02.314, a shopping center may contain the uses permitted by 4.03.212, 4.03.213, 4.03.214, 4.03.215, 4.03.312, 4.03.313, and 4.03.314. (amended effective 5/12/03).
" The requirements of Article VII hereof shall otherwise be met except that the Commission may require wider buffers, wider side or rear yards and a deeper building setback than are otherwise required where needed to screen adequately adjacent residential zones, or meet the standards set forth in Article XI, provided that structural coverage, including parking and loading areas, is not required to be reduced to less than 60 percent of lot area.
" If the proposed shopping center has frontage on a street then the wall of any building running in the same general direction as the street shall not be longer than 200 feet or twice the distance which it is set back from the street line, whichever is greater.
4.03.400 Accessory Uses
Article IV, Section 4 regarding Accessory Uses in Business Zones shall apply.
4.03.500 Site and Building Standards in Business Zones
Article IV, Section 5 regarding Site and Building Design Standards in Business Zones shall apply.
4.03.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
4.03.700 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE IV - BUSINESS COMMERCIAL & PROFESSIONAL USES
SECTION 4 - ACCESSORY USES IN BUSINESS ZONES
4.04.100 Accessory Uses Permitted in Business Zones.
The following uses will be permitted in all Business Zones as long as they remain clearly accessory to the principal use on each lot:
4.04.110 Outdoor electrical and mechanical apparatus the sole function of which is to service to the buildings on the lot provided they are adequately screened from view
4.04.120 Containers for the disposal of refuse provided they are:
" Emptied periodically, at least weekly.
" Behind the setbacks
" Are located on a side which is not the primary entrance
" Are fully screened from any view
4.04.130 One (1) outdoor above ground tank not to exceed a capacity of 3,500 cubic feet for the storage of propane provided it is:
" Behind the setbacks
" Are located on a side which is not the primary entrance
" Are fully screened from any view
4.04.140 Point of sale terminals, (POS) and point of sale terminals connected to automated cash dispensing mechanisms, (ATM's) primarily offered and maintained for the benefit of the customers of the site. (Effective 4/16/2001)
4.04.150 Storage of other machinery, equipment, merchandise or similar items outdoors is prohibited, except as provided in 4.03.315.
4.04.160 Ice dispensing machines having dimensions not exceeding 7 feet wide by 7 feet high by 3 feet deep.
4.04.170 – Drive through windows and pneumatic delivery stations may be permitted as an accessory use to a Financial Institution (added effective July 13, 2009).
4.04.180 - A drive through window may be permitted as an accessory use at a Pharmacy, to pick up prescriptions only (added effective July 13, 2009).
ARTICLE IV - BUSINESS COMMERCIAL & PROFESSIONAL USES
SECTION 5 SITE AND BUILDING DESIGN STANDARDS IN BUSINESS ZONES
4.05.100 In addition to the minimum standards for site development as set forth in these regulations, the following minimum design standards shall be met for all development within the Business Zones.
4.05.200 Site development shall contribute to the overall physical improvement of the area in which it is located.
4.05.300 Where more than one detached building is placed upon a lot, the buildings shall be in harmony with each other and the specific layout shall be appropriate to the physical limitations of the lot.
4.05.400 Architectural design, landscaping and signage may be subject to review by the Design Advisory Board.
4.05.500 Parking areas and buildings shall be arranged in such a way as to provide for the orderly and safe flow of traffic and the safety and convenience of pedestrians
" within the property;
" between properties as applicable; and
" into the surrounding area.
4.05.600 All utilities shall be installed underground.
4.05.700 The requirements of Article VIII Section 4 Landscape, Screening and Buffer Requirements shall be utilized as a minimum standard for landscaping, however, all parking areas that are adjacent to a residential zone shall be landscaped to have a visually impenetrable screen year round.
ARTICLE V - INDUSTRIAL ZONES
SECTION 1 - ALL INDUSTRIAL ZONES (M-1, M-2A, M-3, M-4, M-5)
5.01.100 Purpose and Intent - All Industrial Zones
The purpose of the Industrial Zones is to permit light industrial and limited commercial uses such as manufacturing and assembly of products, research and development, storage of certain products and equipment, distribution facilities and corporate functions. The uses should provide an important contribution to the Town's economic base providing local tax benefits and employment while at the same time contribute to the diversity of land uses and opportunity. Generally these types of uses are dependent upon the proximity of a wide range of transportation infrastructure that will facilitate delivery of materials and products and provide access to the labor force. The industrial zones are located in close proximity or directly accessible to Interstate interchanges, State highways and the railroad lines to provide access. Newtown is
divided into five industrial zones that permit a single or multiple use upon a lot. Uses vary in degree to be consistent with available infrastructure, neighboring land uses and environmental conditions in the area in which they are located.
The intent of the Industrial Zones is to promote sustainable economic development consistent with protection of public health, safety and general welfare of the community. The Industrial Zones are intended to be separate from residential and commercial neighborhoods although larger commercial development and accessory uses, such as a shopping center, are permitted in the Industrial Zones to provide residents with convenient access to the services generally offered in these projects. The land uses outlined below are intended to contribute to diversity in the local economic base, provide employment and contribute to the quality of life and overall character of the Town of Newtown.
ARTICLE V - INDUSTRIAL ZONES
SECTION 2 - INDUSTRIAL ZONE M-1
5.02.100 Purpose and Intent
The purpose and intent of the Industrial Zone M-1 is to encourage low to moderate density industrial and commercial development to reinforce and diversify Newtown's economic base. The land use mix is intended to include facilities for light industrial operations, multi-tenant office buildings, wholesale distribution, bulk storage, laboratory space and research and development.
5.02.200 Permitted Uses
The following principal uses are permitted in Industrial Zone M-1 subject to conditions provided herein and subject to obtaining Site Development Plan approval, if required, in accordance with Article X hereof. Uses that are not listed as permitted shall not be permitted by variance.
More than one principal use may be permitted within the same structure or building subject to the following:
The minimum usable gross floor area of each such use shall be computed as either a) 2,000 square feet or b) five percent (5%) of the structure's or building's total usable gross floor area, whichever is greater.
The maximum number of tenants allowed shall be six (6).
5.02.210 Laboratory devoted to research, design, and experimentation.
5.02.220 Office building or office buildings.
5.02.230 Light industrial use including manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings.
5.02.240 Operation of a public utility authorized to furnish service to residents of the Town or to the region, including among such operations, a utility service center at which may be conducted general office use, customer services, maintenance of utility service operations, vehicle maintenance, and accessory uses, outdoor storage of materials for utility service and outdoor parking of service vehicles.
5.02.250 Public works garage and public storage areas operated by the Town.
5.02.260 Printing and/or publishing establishment.
5.02.270 Wholesale business.
5.02.280 Storage in bulk of, and warehouses for, such materials as building materials, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice machinery, paint and paint supplies, pipe, rubber, shop supplies, tobacco, or wood. If storage is to be provided outdoors, a planted or natural buffer shall be provided between the items stored and the lot lines.
5.02.290 Veterinary Hospital.
5.02.300 Special Exception Uses
The following principal uses are permitted in Industrial Zone M-1 subject to obtaining a Special Exception in accordance with criteria, standards and conditions set forth in Article XI, Special Exceptions.
5.02.310 Hotel and/or motel.
5.02.320 Recycling center or transfer station operated by or on behalf of the Town.
5.02.330 Shopping center per the requirements of Section 4.03.319.
5.02.340 Private School permitted prior to December 31, 2000.
5.02.350 Garages to shelter commercial vehicles and construction equipment used off the lot. All vehicles and equipment stored on said lot shall be stored wholly within said garage. Maintenance on vehicles, if any, shall be conducted wholly within said garage and only on those vehicles stored therein on a permanent basis.
5.02.360 Buildings containing seven (7) or more tenants.
5.02.370 Indoor and/or outdoor commercial tennis, paddle tennis/platform tennis, racquet ball, hand ball, squash, soccer and/or swimming facility and other recognized collegiate sports.
5.02.380 Commercial golf course.
5.02.390 Indoor ice skating facility.
5.02.400 Accessory Uses
Article V, Section 7 regarding Accessory Uses in Industrial Zones shall apply.
5.02.500 Site and Building Standards in Industrial Zones
Article V, Section 8 regarding Site and Building Design Standards in Industrial Zones shall apply.
5.02.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
5.02.700 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE V - INDUSTRIAL ZONES
SECTION 3 - INDUSTRIAL ZONE M-2A
5.03.100 Purpose and Intent
The purpose and intent of the M-2A Zone is to provide for significant economic development activities without adversely impacting the basic character of the surrounding neighborhoods or overburdening the natural or built environment. It is intended that the land in the district will be developed as a cohesive unit where the development of any parcel will complement the district as a whole. The land use mix features a variety of principal uses including office buildings, a hotel/conference center, light industrial, indoor and/or outdoor recreation sports and research and development facilities. Limited retail and service establishments are permitted as accessory uses and are intended to support the principal uses permitted. A pedestrian friendly environment and transit access must be considered in the design of the site.
5.03.200 Permitted Uses
The following principal uses are permitted in Industrial Zone M-2A subject to conditions provided herein and subject to obtaining Site Development Plan approval, if required, in accordance with Article X hereof. For each property having more than one principal use, each principal use shall have a minimum gross floor area of 10,000 square feet. Uses that are not listed as permitted shall not be permitted by variance.
5.03.210 Laboratory devoted to research, design, and experimentation.
5.03.220 Office building or office buildings.
5.03.230 Light industrial use including manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings.
5.03.240 Hotel and conference center having no more than 250 guest rooms.
5.03.300 Special Exception Uses
The following principal uses are permitted in Industrial Zone M-2A subject to obtaining a Special Exception in accordance with criteria, standards and conditions set forth in Article XI, Special Exceptions.
5.03.310 Recreation/Sports Facility. Such facility may include indoor and/or outdoor golf courses, dance studios, health and exercise facilities, racquetball, squash, basketball, volleyball and tennis courts, baseball, football, soccer and lacrosse fields, field hockey, track and field, swimming pools, ice-skating rinks, and any other recognized collegiate sport. The facility may include seating for spectators.
5.03.400 Accessory Uses
In addition to the accessory uses permitted in the Industrial zones pursuant to Article V, Section 7, the following accessory uses are also permitted in Industrial Zone M-2 so long as they remain clearly accessory and incidental to the principal use on each lot. Such accessory uses shall not exceed five percent (5%) of the total building area occupied by the principal use on each lot:
5.03.410 Retail sales shall be enclosed, no outdoor storage of merchandise shall be permitted and, the maximum gross floor area for any single retail tenant shall be 5,000 square feet.
5.03.420 Personal service establishment.
5.03.430 Financial institution.
5.03.440 Restaurant including outside service but excluding drive-through facilities and outside entertainment.
5.03.450 Child day care center.
5.03.460 Adult day care center.
5.03.500 Site and Building Standards in Industrial Zones
Article V, Section 8 regarding Site and Building Design Standards in Industrial Zones shall apply.
5.03.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply and in addition:
5.03.610 All lots which are adjacent to a residential zone or a single family dwelling that was existing on April 17, 2000 shall maintain a seventy-five foot (75') wide natural buffer along such boundary. In the absence of such a natural buffer, a planted buffer shall be required.
5.03.700 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
5.03.710 All parking and loading areas shall be located behind the minimum building setbacks.
ARTICLE V - INDUSTRIAL ZONES
SECTION 4- INDUSTRIAL ZONE M-3
5.04.100 Purpose and Intent
The purpose and intent of the M-3 zone is to encourage low density industrial and commercial development. The land use mix is intended to be similar to the M-1 zone, but with development situated on larger lots (twenty (20) acres minimum).
5.04.200 Permitted Uses
The following principal uses are permitted in Industrial Zone M-3 subject to conditions provided herein and subject to obtaining Site Development Plan approval, if required, in accordance with Article X hereof. Uses that are not listed as permitted shall not be permitted by variance.
More than one of these principal uses may be permitted within the same structure or building subject to the following
The minimum usable gross floor area of each such use shall be computed as either a) 2,000 square feet or b) five percent (5%) of the structure's or building's total usable gross floor area, whichever is greater.
The maximum number of tenants allowed shall be six (6).
5.04.210 Laboratory devoted to research, design, and experimentation.
5.04.220 Office building or office buildings.
5.04.230 Light industrial use including manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings.
5.04.240 Printing and/or publishing establishment.
5.04.250 Wholesale business.
5.04.260 Storage in bulk of, and warehouses for, such materials as building materials, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice machinery, paint and paint supplies, pipe, rubber, shop supplies, tobacco, or wood. If storage is to be provided outdoors, a planted or natural buffer shall be provided between the items stored and the lot lines.
5.04.270 Veterinary Hospital.
5.04.300 Special Exception Uses
The following principal uses are permitted in Industrial Zone M-3 subject to obtaining a Special Exception in accordance with criteria, standards and conditions set forth in Article XI, Special Exceptions.
5.04.310 Garages to shelter commercial vehicles and construction equipment used off the lot. All vehicles and equipment stored on said lot shall be stored wholly within said garage. Maintenance on vehicles, if any, shall be conducted wholly within said garage and only on those vehicles stored therein on a permanent basis.
5.04.320 Buildings containing seven (7) or more tenants.
5.04.330 Indoor and/or outdoor commercial tennis, paddle tennis/platform tennis, racquet ball, hand ball, squash, soccer and/or swimming recreational facility and other recognized collegiate sports.
5.04.340 Indoor ice skating facility.
5.04.400 Accessory Uses
Article V, Section 7 regarding Accessory Uses in Industrial Zones shall apply.
5.04.500 Site and Building Standards in Industrial Zones
Article V, Section 8 regarding Site and Building Design Standards in Industrial Zones shall apply.
5.04.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
5.04.700 Supplemental Regulations
Article VIII, Supplemental Regulations including signs, access management, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE V - INDUSTRIAL ZONES
SECTION 5- INDUSTRIAL ZONE M-4
5.05.100 Purpose and Intent
The purpose and intent of the M-4 zone is to encourage moderate to high density industrial and commercial development. The land use mix is intended to be similar to the M-1 and M-3 zones, but with development situated on smaller lots (one (1) acre minimum).
5.05.200 Permitted Uses
The following principal uses are permitted in Industrial Zone M-4 subject to conditions provided herein and subject to obtaining Site Development Plan approval, if required, in accordance with Article X hereof. Uses that are not listed as permitted shall not be permitted by variance.
More than one of these principal uses may be permitted within the same structure or building subject to the following:
The minimum usable gross floor area of each such use shall be computed as either a) 2,000 square feet or b) five percent (5%) of the structure's or building's total usable gross floor area, whichever is greatr.
The maximum number of tenants allowed shall be six (6).
5.05.210 Laboratory devoted to research, design, and experimentation.
5.05.220 Office building or office buildings.
5.05.230 Light industrial use including manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings.
5.05.240 Operation of a public utility authorized to furnish service to residents of the Town or to the region, including among such operations, a utility service center at which may be conducted general office use, customer services, maintenance of utility service operations, vehicle maintenance, and accessory uses, outdoor storage of materials for utility service and outdoor parking of service vehicles.
5.05.250 Public works garage and public storage areas operated by the Town.
5.05.260 Printing and/or publishing establishment.
5.05.270 Wholesale business.
5.05.280 Storage in bulk of, and warehouses for, such materials as building materials, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice machinery, paint and paint supplies, pipe, rubber, shop supplies, tobacco, or wood. If storage is to be provided outdoors, a planted or natural buffer shall be provided between the items stored and the lot lines.
5.05.290 Veterinary Hospital.
5.05.300 Special Exception Uses
The following principal uses are permitted in Industrial Zone M-4 subject to obtaining a Special Exception in accordance with criteria, standards and conditions set forth in Article XI, Special Exceptions.
5.05.310 Garages to shelter commercial vehicles and construction equipment used off the lot. All vehicles and equipment stored on said lot shall be stored wholly within said garage. Maintenance on vehicles, if any, shall be conducted wholly within said garage and only on those vehicles stored therein on a permanent basis.
5.05.320 Buildings containing seven (7) or more tenants.
5.05.330 Indoor ice skating facility and other recognized collegiate sports.
5.05.400 Accessory Uses
Article V, Section 7 regarding Accessory Uses in Industrial Zones shall apply.
5.05.500 Site and Building Standards in Industrial Zones
Article V, Section 8 regarding Site and Building Design Standards in Industrial Zones shall apply.
5.05.600 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
5.05.700 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE V - INDUSTRIAL ZONES
SECTION 6- INDUSTRIAL ZONE M-5
5.06.100 Purpose and Intent
The purpose and intent of the M-5 zone is to encourage a moderate to high density mix of industrial, commercial, limited retail and service businesses on smaller lots (two (2) acre minimum).
5.06.200 Permitted Uses
The following principal uses are permitted in Industrial Zone M-5 subject to conditions provided herein and subject to obtaining Site Development Plan approval, if required, in accordance with Article X hereof. Uses that are not listed as permitted shall not be permitted by variance.
More than one of these principal uses may be permitted within the same structure or building subject to the following:
The minimum usable gross floor area of each such use shall be computed as either a) 2,000 square feet or b) five percent (5%) of the structure's or building's total usable gross floor area, whichever is greater"
The maximum number of tenants allowed shall be six (6).
5.06.210 Laboratory devoted to research, design, and experimentation.
5.06.220 Office building or office buildings.
5.06.230 Light industrial use including manufacturing, fabricating, processing, converting, altering, packaging, bottling or assembling of products, the operations of which are conducted solely within an enclosed building or group of buildings.
5.06.240 Operation of a public utility authorized to furnish service to residents of the Town or to the region, including among such operations, a utility service center at which may be conducted general office use, customer services, maintenance of utility service operations, vehicle maintenance, and accessory uses, outdoor storage of materials for utility service and outdoor parking of service vehicles.
5.06.250 Public works garage and public storage areas operated by the Town.
5.06.260 Printing and/or publishing establishment.
5.06.270 Wholesale business.
5.06.280 Storage in bulk of, and warehouses for, such materials as building materials, clothing, cotton, drugs, dry goods, feed, food, furniture, hardware, ice machinery, paint and paint supplies, pipe, rubber, shop supplies, tobacco, or wood. If storage is to be provided outdoors, a planted or natural buffer shall be provided between the items stored and the lot lines.
5.06.290 Veterinary Hospital
5.06.300 Store or shop for the conduct of retail business, including, without limitation, a liquor package store.
" The permanent sales areas of all such stores or shops shall be wholly enclosed and there shall be no permanent outdoor storage of merchandise.
" The maximum gross floor area for any single retail business shall be limited to 40,000 square feet.
5.06.310 Personal service establishment.
5.06.320 Financial institution.
5.06.330 Limousine service business.
5.06.400 Special Exception Uses
The following principal uses are permitted in Industrial Zone M-5 subject to obtaining a Special Exception in accordance with criteria, standards and conditions set forth in Article XI, Special Exceptions.
5.06.410 Hotel and/or motel.
5.06.420 Self-service storage facility.
5.06.430 Child day care center.
5.06.440 Waste Treatment Facility operated by or on behalf of the Town.
5.06.450 Garages to shelter commercial vehicles and construction equipment used off the lot. All vehicles and equipment stored on said lot shall be stored wholly within said garage. Maintenance on vehicles, if any, shall be conducted wholly within said garage and only on those vehicles stored therein on a permanent basis.
5.06.460 Buildings containing seven (7) or more tenants.
5.06.470 Indoor and/or outdoor commercial tennis, paddle tennis/platform tennis, racquet ball, hand ball, squash, soccer and/or swimming recreational facility and other recognized collegiate sports.
5.06.480 Indoor ice skating facility.
5.06.490 - A public garage to be allowed in the M-5 Zone with a Special Exception, except within the Aquifer Protection District provided the following criteria are satisfied :
· One Public Garage per lot as described herein;
· Any Special Exception granted hereunder shall be contingent upon the applicant subsequently obtaining a certificate of approval of location from the Zoning Board of Appeals pursuant to the relevant motor vehicle laws of the State of Connecticut (Effective 6/1/09).
· No public garage shall have any entrance or exit within 300 feet of any public park, playground, school, church, library, theater, hospital or other public garage or filling station on an intersecting street within 300 feet measured along the street lines from said entrance or exit. Effective 10/26/92, amended effective 6/1/09).
· No public garage permitted by to this section shall be deemed to become nonconforming through the subsequent erection of one of the buildings mentioned in the third bullet point above in this section. (Effective 10/26/92, amended effective 6/1/09)
· A public garage located in the M-5 Zone shall not engage in the repair of vehicles outside of the enclosed by areas of the public garage (Effective 10/26/92, amended effective 6/1/09).
· A public garage located within the M-5 Zone shall have all vehicles parked solely within designated parking spaces on the lot and the parking area shall be screened from adjacent lots or roadways by a solid fence, structure, natural buffer or planted buffer (Effective 6/1/09).
5.06.490 Animal Control Facility – An Animal Control Facility to be allowed in the M-5 zone with a Special Exception, if operated on or on behalf of the Town of Newtown (added effective January 19, 2010).
5.06.500 Accessory Uses
Article V, Section 7 regarding Accessory Uses in Industrial Zones shall apply.
5.06.600 Site and Building Standards in Industrial Zones
Article V, Section 8 regarding Site and Building Design Standards in Industrial Zones shall apply.
5.06.700 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply.
5.06.800 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE V - INDUSTRIAL ZONES
SECTION 7 INDUSTRIAL ZONES ACCESSORY USES
5.07.100 The following uses will be permitted in all Industrial Zones so long as they remain clearly accessory to the principal use on each lot:
5.07.110 Eating facility for the accommodation of persons employed on the premises and for visitors but not open to the general public.
5.07.120 Facility to shelter vehicles owned by the person, business or industry occupying the lot and his or its agents and employees.
5.07.130 Outdoor electrical and mechanical apparatus the sole function of which is to provide electric service to the buildings on the lot provided they are adequately screened from view and located behind the setbacks.
5.07.140 Point of sale terminals, (POS) and point of sale terminals connected to automated cash dispensing mechanisms, (ATM's) primarily offered and maintained for the benefit of the customers of the site.
5.07.150 Containers for the disposal of refuse provided they are:
" emptied periodically, at least weekly.
" behind the setbacks
" located on a side which is not the primary entrance
" fully screened from any view
5.07.160 One (1) outdoor above ground tank not to exceed a capacity of 3,500 cubic feet for the storage of propane provided it is:
" behind the setbacks
" located on a side which is not the primary entrance
" adequately screened from any view
5.07.170 (amended effective May 26, 2008) One (1) outdoor above ground tank not to exceed a capacity of 5,000 gallons for the storage of Class 2 fuel for fleet vehicles that are utilized to service the principal use of the property and not for resale or for the storage of material used or consumed in the manufacturing process taking place within the building(s) on the lot, provided that said material is not hazardous or toxic provided it is:
· behind the setbacks
· located on a side which is not the primary entrance
· adequately screened from any view
In addition Class 2 fuel tanks shall also be:
· steel tank with secondary containment construction with concrete enclosure (vault) and in compliance with NFPA-30, UL-142 and UL-2085.
· constructed with a spill containment structure with a volume consisting of 110% of the tank volume. (amended effective May 29, 2008)
5.07.180 Retail sales accessory to the principal uses of wholesale business, warehousing and/or manufacturing of consumer products only, and only when conducted by the person, partnership or corporation conducting the principal use. Said sales shall include items wholesaled, warehoused or manufactured, but need not be limited thereto. The area devoted to such sales shall be located wholly within the building in which the principal use is conducted and shall be limited to 2,500 square feet or ten percent (10%) of the gross floor area devoted to the principal use, whichever is less. Parking facilities for the area devoted to retail sales shall be provided pursuant to Article VIII, Section 3 Parking, Driveway and Loading Standards in addition to the facilities required for the principal uses. The area devoted to retail sales shall be clearly
identified and no items shall be sold or displayed in any part of the building or lot outside the area devoted to retail sales, even on an occasional and temporary (such as a "warehouse" sale) basis, except as provided under the provisions of Section 5.07.190.
5.07.190 Temporary retail sales accessory to the principal uses of wholesale business, warehouse and/or manufacturing of consumer products are permitted. The person, partnership or corporation conducting a wholesale business, warehouse or manufacturing of consumer products shall be permitted to conduct a temporary retail sale of those goods wholesaled, warehoused or manufactured in connection with the principal use only after obtaining a permit from the Zoning Enforcement Officer and subject to the following regulations:
" An application for a permit must be filed with the Zoning Enforcement Officer who shall grant or deny said application within 30 days of the date of the application.
" The permit shall be effective for not more than nine (9) consecutive days commencing with the first day of the sale, but shall not be effective on Sundays, provided however, that said Sunday shall not be counted in computing the nine (9) days.
" An application fee and security deposit paid pursuant to the Fee Schedule payable in cash or by bank or certified check to the order of the Town of Newtown. Such security deposit shall be returned to the permittee, if and only if, all the regulations set forth herein are complied with.
" The area devoted to the retail sales shall be clearly identified and shall be limited to 7,000 square feet. The amount of floor area in square feet to be devoted to the retail sale shall be indicated on the application.
" The area devoted to the retail sale shall be located wholly within the building in which the principal use is conducted and no item shall be sold or displayed in any part of the building or lot outside the area devoted to the retail sale. Only items which are physically located within the area devoted to the retail sale shall be sold.
" The permittee shall be permitted to erect within the limits of the permittee's property two single faced signs not in excess of 3 square feet while the permit is effective which shall be removed immediately when the permit expires.
" In addition to the parking facilities provided for the principal use, the permittee shall provide temporary parking space on the basis of one parking space for every 100 square feet of the area devoted to the retail sale. Said parking spaces shall comply in all respects with the provisions of Article VIII, Section 3.
" The permittee shall provide at its own cost such adequate traffic and safety control measures including, but not limited to, traffic patrolmen and traffic signs as may be deemed necessary by the Zoning Enforcement Officer to avoid undue traffic congestion and/or traffic hazards. Said traffic and safety control measures shall be specifically set forth in the permit.
" A second permit for the wholesale business or warehouse or manufacturer shall not be issued until the expiration of six (6) months from the first effective date of the preceding permit.
5.07.200 Accessory Uses to a Golf Course
The following uses are permitted as accessory to a golf course so long as they remain clearly accessory to the principal use of a golf course located on the lot:
5.07.210 Golf range.
5.07.220 Sales at retail, repair and assembly of golf equipment accessory to the use of the golf range, or golf course.
5.07.230 Golf instruction.
ARTICLE V - INDUSTRIAL ZONES
SECTION 8 SITE AND BUILDING DESIGN STANDARDS IN INDUSTRIAL ZONES
5.08.100 In addition to the minimum standards for site development as set forth in these regulations, the following minimum design standards shall be met for all development within the Industrial Zones.
5.08.200 Site development shall contribute to the overall physical improvement of the area in which it is located.
5.08.300 Where more than one detached building is placed upon a lot, the buildings shall be in harmony with each other and the specific layout shall be appropriate to the physical limitations of the lot.
5.08.400 Architectural design, landscaping and signage may be subject to review by the Design Advisory Board.
5.08.500 Parking areas and buildings shall be arranged in such a way as to provide for the orderly and safe flow of traffic and the safety and convenience of pedestrians
" within the property;
" between properties as applicable; and
" into the surrounding area.
5.08.600 All utilities shall be installed underground.
5.08.700 The requirements of Article VIII Section 4 Landscape, Screening and Buffer Requirements shall be utilized as a minimum standard for landscaping, however, all parking areas that are adjacent to a residential zone shall be landscaped to have a visually impenetrable screen year round.
ARTICLE VI - SPECIAL DISTRICTS
SECTION 1 - CONSERVATION AND AGRICULTURE (C & A)
6.01.100 Purpose and Intent. The purpose of this zone is to provide for the long-term maintenance of land in an undeveloped state by limiting its use to wildlife habitats, the growing of agricultural crops, foresting, and passive recreation.
The intent is to preserve and protect existing and potential drinking water supplies, preserve and protect plant and animal wildlife and unique natural features, preserve and protect watersheds and stream feeders to promote healthy aquatic life, maintain vistas, protect sensitive archaeological sites, provide recreational opportunities for the general public, and retain agriculture as a beneficial industry within the Town of Newtown.
The following lands shall be eligible for designation as a CA zone: municipally-owned land, state and federally-owned land, and privately owned forest land, nature preserves, fish or game preserves, undeveloped land, land currently used for any kind of farming, land immediately over a sole source aquifer and any land immediately adjacent to any land previously listed in this paragraph and any land immediately adjacent to land zoned CA.
6.01.200 Permitted Uses. No land, building or other structure shall be used, altered or added to which is arranged, designed, intended to be used or capable of being used except for one of the following principal uses. Uses that are not listed as permitted shall not be permitted by variance.
(1) Foresting, including without limitation the harvesting of lumber.
(2) Pedestrian hiking trails.
(3) Natural wildlife habitat.
(4) Nature preserve.
(5) Open space.
(6) Public water wells and pumping stations.
6.01.300 Special Exception Uses. Notwithstanding the provisions of Section 6.01.200, the following principal uses are permitted in the CA zone subject to obtaining a special exception from the Commission in accordance with the standards, criteria, conditions and procedures set forth in Article XI hereof, and the additional standards and criteria set forth herein below. No land, building or other structure shall be used, altered or added to which is arranged, designed, intended to be used or capable of being used except for one of the following principal uses. Uses that are not listed as permitted shall not be permitted by variance.
(1) Crop farming.
(2) Bicycle trail.
(3) Equestrian trail.
(4) Playground for children's outdoor games and recreation.
(5) Outdoor sport field.
6.01.310 No new building, structure, or parking shall be permitted in the CA zone in expansion of those buildings, structures and parking already extant as of May 21, 1998.
6.01.320 Any playground, outdoor sport field, or crop farming within a CA zone shall be controlled through the utilization of management practices which minimize the use of chemicals to control weeds and pests and which minimize the use of fertilizers. As part of the special exception application, the applicant shall submit to the Commission a turf management and environmental management plan detailing methods to be employed to avert harmful effects to the environmental health of the property and adjacent properties. The plan shall include any potential use of pesticides, fungicides, weed killers, and fertilizers.
6.01.330 Any playground or outdoor sport field within a CA zone shall not be paved nor served by grandstands or bleachers for spectators.
6.01.400 Accessory Uses. Notwithstanding the provisions of Sections 6.01.300, 6.01.310, and 6.01.320, the following uses are permitted in the CA zone as long as they remain clearly accessory to the principal use:
(1) Greenhouses.
(2) Surface parking, including without limitation paved parking areas. The provisions of Section 8.03.320 shall apply.
(3) Playground structures intended for use by children only.
6.01.500 Area, Height, and Yard Requirements. Article VII of these regulations concerning height limitations shall apply to the CA zone. The conversion of existing structures shall be encouraged. If any existing structure in the zone now exceeds or breaches the requirements of Article VII, the nonconformity shall not be expanded, but may be altered to facilitate the reuse of the existing building.
6.01.600 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE VI - SPECIAL DISTRICTS
SECTION 2 - PUBLIC SCHOOL ZONE (PS)
6.02.100 Purpose and Intent
The purpose of the public school zone is to provide for the placement of public school facilities that will contribute to the well being of our community by integrating the various functions of education with the proper siting criteria. The intent of the public school zone is to provide support for public educational activities within the community.
6.02.200 Permitted Uses
The following principal uses are permitted within a single building or group of buildings provided that Site Development Plan approval has been granted in accordance with Article X hereof uses that are not listed shall not be permitted by variance.
(1) Schools operated by the Town
(2) Parks and playgrounds operated by the Town
(3) Municipal shop operated by the Town
6.02.300 Area, Height and Yard Requirements
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply and in addition:
" All lot boundaries which are adjacent to a residential zone or an existing single family dwelling shall maintain a twenty-five foot (25') buffer along any such boundary.
6.02.400 Signs
The general provisions of the sign regulations, Sections 8.01.100 and 8.01.200 shall apply to all uses in the public school zone.
6.02.500 Parking and Landscaping
Article VIII, Sections 3 and 4 and all applicable sections of these regulations shall apply and in addition:
" No parking space shall be permitted within twenty feet (20') of any street line or property line.
6.02.600 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE VI - SPECIAL DISTRICTS
SECTION 3 - FAIRFIELD HILLS ADAPTIVE REUSE (FHAR)
6.03 Fairfield Hills Adaptive Reuse
6.03.100 Purpose and Intent. The purpose of this zone is to permit the conversion and reuse of the former Fairfield Hills Hospital campus in a manner that is in harmony with the character of the existing campus and surrounding neighborhood. The zone is designed to allow the economic reuse of the site so as to contribute to the well being of the community while at the same time encourage the conservation of the overall site design and cohesive layout of the main campus. The zone encourages the maintenance of the historic integrity of the campus and existing structures located there.
The intent of the FHAR zone is to focus on a campus setting and encourage use of the property, existing buildings and new structures that will reinforce and contribute to the overall cohesiveness of the area. A campus setting is typically characterized by an integrated site design with complementary land uses that work together as a whole. The property has a unique central location in the community and Fairfield Hills Hospital played a major role in Newtown's overall development and history. The property is environmentally sensitive and has areas located within the aquifer protection district. The reuse of the property should be planned, new structures should blend in with existing historic structures, and the environmental integrity of the site should be maintained.
6.03.200 Procedure. The Fairfield Hills site possesses unique circumstances that shall require multiple steps and approvals for the reuse of the campus as outlined herein.
6.03.210 The first step involves the creation of a master planned development proposal for the entire campus and the submission of such plan to the Commission for its consideration and action.
6.03.211 A master planned development proposal shall provide the following information and studies as set forth below.
(1) An overall development scenario, a description of the project phasing, potential impact on historic factors and natural resources and the capacity of the infrastructure.
(2) An environmental impact study concerning the effect the master planned development will have upon the environment in general, the aquifer, and the campus character.
(3) A plan for vehicular and pedestrian circulation patterns and parking areas. The plan shall be designed to demonstrate a harmonious integration of traffic and parking within the campus and the area immediately surrounding the campus. Shared parking areas are desirable and encouraged.
(4) A landscaping plan.
6.03.212 Following receipt of a master plan, or subsequent modifications, the Commission may hold a public hearing. If a public hearing is held, it shall commence within 65 days following receipt. The Commission shall take action to approve, modify and approve or disapprove the master planned development proposal within sixty-five (65) days following the close of a public hearing should one be held.
6.03.213 The Commission may refer the master plan, for review and comment, to any other appropriate agency as deemed necessary.
6.03.214 In making its decision, the Commission shall consider the suitability of the particular uses and general layout of the campus plan. The master plan, and any subsequent modifications to the plan, shall be approved by the Commission upon its finding that the plan:
(1) is consistent with the FHAR, C&A and APD zones, as applicable;
(2) will not cause unacceptable congestion or traffic hazards on neighboring streets;
(3) will not substantially impair property values in the neighborhood;
(4) will not create a health or safety hazard to persons or property on or off the campus;
(5) is consistent with the Newtown Plan of Conservation and Development.
6.03.220 Subsequent to the Commission's approval of a master plan or any modifications thereof, development shall be subject to obtaining a site development plan approval in accordance with Article X hereof, if so required, or in lieu thereof, when such development in located in the aquifer protection district, then subject to obtaining a special exception in accordance with the standards, criteria, conditions, and procedures as set forth in Article XI hereof and the additional standards, criteria, conditions and procedures set forth in Section 2.01.600. Uses shall be consistent with the approved master plan and all applicable sections of these regulations.
6.03.221 No Site Development Plan application shall be approved if the Commission finds that it is not consistent with the approved master plan for the Fairfield Hills Campus.
6.03.222 Notwithstanding Section 10.01.200 hereof, the development of outdoor recreational or sport fields shall require Site Development Plan approval in accordance with Article X hereof or in lieu thereof, when such development in located in the aquifer protection district, then subject to obtaining a special exception in accordance with the standards, criteria, conditions, and procedures as set forth in Article XI hereof and the additional standards, criteria, conditions and procedures set forth in Section 2.01.600.
6.03.223 Interior renovations and adaptive reuse of existing buildings consistent with the approved master plan shall not be subjected to Site Development Plan approval.
6.03.230 Amendments to the approved master plan may be considered by the Commission upon application by the Town of Newtown or its authorized representatives. Any such amendments and subsequent uses shall be subjected to the same procedures, standards, and criteria set forth in Sections 6.03.200 through 6.03.223 herein.
6.03.300 Permitted Uses. The following principal and accessory uses and structures are permitted. Uses that are not listed as permitted shall not be permitted by variance.
(1) Recreational or sport facilities and fields, indoor or outdoor
(2) Museums, art galleries, cultural centers
(3) Performing art theatres
(4) Public library
(5) Senior center
(6) Teen center
(7) Municipal Town Hall complex and government uses but not including dumps, incinerators, recycling centers, transfer stations and other garbage disposal or handling areas, municipal garages or public works storage yards.
(8) Educational facility, including accessory housing and sport facilities
(9) Shops and stores for retail sales, limited to no more than 10,000 square feet per tenant
(10) Shops where personal services are offered including, beauty salon or barber shop, day spa, dry cleaning services that do not conduct on-site cleaning, gymnastics, fitness centers, shoe repair, tailoring or dressmaking, photographic studio, copy center, rental services, counseling services
(11) Restaurants, including outside service, but excluding drive-thru facilities
(12) Banks, financial institutions
(13) General, professional, governmental, Town and Board of Education offices
(14) Medical, dental offices
(15) Research and development facilities dedicated to the development and/or testing of products or specimens
(16) Corporate headquarters for one or more corporations
(17) Publishing establishments
(18) Hospitals
(19) Conference center or meeting halls
(20) Child day care centers
(21) Elderly day care centers
(22) Nursery, greenhouse, provided that such is clearly incidental to a permitted use
(23) Crop farming in open space areas
(24) Structured parking, providing that such parking is clearly incidental to a principal permitted use
(25) Multi-specialty veterinary hospital providing, but not limited to, surgical, emergency, medical and oncology treatments for animals referred by outside veterinarians. Such a hospital does not provide routine or general veterinary services (i.e. vaccines, boarding or grooming). No outdoor runs are permitted and such a hospital shall be connected to public sewer. (Added effective October 14, 2008)
(26) ) Farmer’s Market – A Certified Farmer’s Market as defined by the Connecticut Department of Agriculture in CGS 22-6r and in compliance with the Newtown Zoning Farmer’s Market definition, to be located at a site designated by the Fairfield Hills Authority. A banner sign of 30 square feet in front of the Fairfield Hills Campus, and two sandwich signs on Wasserman Way will be allowed as temporary advertisement from the Friday before the event to the market on Tuesday. Exact locations of signs to be determined by the Zoning Enforcement Officer (added effective 7/26/10).
6.03.400 Area, Height and Yard Requirements.
Article VII of these regulations and the following limitations shall apply:
6.03.410 Minimum lot area. The minimum lot area shall be at least 150 acres of contiguous land owned or controlled by the applicant. Town roads located in the Fairfield Hills campus shall not divide the property into separate lots.
6.03.420 Minimum setbacks. Any structure shall be setback 100 feet from the street line or 125 feet from the centerline of the street, whichever is greater. Minimum setbacks shall only apply to Wasserman Way, Nunnawauk Road and Mile Hill Road South. All structures shall be setback 100 feet from the nearest property line. The right of way for the roads within the campus streets shall not be considered property lines.
6.03.430 Number of stories. All structures shall be limited to three stories.
6.03.440 Building height. Building height shall comply with Article VII of these regulations. The conversion of existing structures shall be encouraged. If any existing structures in the zone now exceed or breach the requirements of Article VII, the nonconformity shall not be expanded but may be altered to facilitate the reuse of existing buildings.
6.03.450 Maximum structural coverage. The maximum building coverage shall be 10% of the entire lot. The maximum building, storage loading, paved areas, parking, roadways, driveways and sidewalk coverage shall be 20% of the entire lot.
6.03.500 Parking and Pedestrian Walkways. Sections 8.03.320, 8.03.430, 8.03.600 and 8.03.720 of these regulations concerning parking shall apply. The placement of parking areas and pedestrian walkways shall allow convenient passage for motor vehicles and pedestrians upon the campus. Parking areas, whether structured parking areas or not, shall be landscaped to buffer the parking from the sight of neighboring properties. Parking areas shall be located so as to maintain the main campus character but to allow for expansive lawn and planted areas to be incorporated into the design.
6.03.600 Signs.
All applicable provisions of the sign regulations as set forth in Article VIII Section 1 shall apply with the following exception:
" Wasserman Way, Nunnawauk Road and Mile Hill Road South are the only public streets that shall be used in applying the sign setback provisions. Sign setbacks within the interior campus street system are exempt.
6.03.610 Permitted signs. The permitted signs as set forth in Article VIII, Section 1 may be externally illuminated signs. A uniform sign plan shall be utilized to address all permitted signs located upon the campus. Such plan shall provide for a consistent design theme for all of the signs located upon the lot and upon the buildings in terms of standardized location, lighting, generalized design features etc. The signage plan shall be tasteful, complementary to the architecture of the buildings and shall have consistent details that tie the various elements of the campus together to complement the overall design of the campus. Only those signs listed in Article VIII Section 1 shall be permitted. The size is the maximum area.
ARTICLE VI - SPECIAL DISTRICTS
SECTION 4 - HAWLEYVILLE CENTER DESIGN DISTRICT (HCDD)
6.04.100 Purpose and Intent.
The purpose of the Hawleyville Center Design District (HCDD) is to encourage and promote the creation of a neighborhood business district that will include mixed use activities, improvements and development typical of a village center. The intent is to promote business activities within the district that will serve the surrounding neighborhoods and, to a lesser degree, accommodate services that are compatible with the district's proximity to Exit 9 of Interstate 84.
Development in the district will be expected to achieve the highest quality of design that will blend the pedestrian scale of a village center with the functions of Route 25, I-84 and the railroad line as regional transportation linkages. Development is expected to respect the environmental conditions and history in the area and will help to achieve an integrated, cohesive New England village center. On site public amenities will be required in order to tie the district together and to provide circulation patterns typical of a business center.
Overall, it is envisioned that the Hawleyville Center Design District will result in the development of a mixture of uses including 30,000 square feet of retail space, 30,000 square feet of office and personal services space and a total of 24 housing units. (Added effective 8/9/99, amended effective 7/26/04)
6.04.200 General Use Regulations and Design Guidelines
The land and buildings shall be used for the principal and accessory uses listed herein. Uses that are not listed shall not be permitted by variance.
In order to achieve the highest quality of design, the Commission created and adopted the Hawleyville Center Design Guidelines. The guidelines describe the elements of context, scale, site design and amenities that are necessary to achieve a cohesive district consistent with and which reflects the character of a New England Village. It is anticipated that all development within the district will be planned to help achieve the purpose and intent of the district. The Hawleyville Center Design Guidelines provide examples of specific design elements that have been found to be important and necessary for ensuring a cohesive and functional district. Proposals for development should incorporate the site design elements described in the guidelines into the project. (Added effective 7/26/04)
6.04.300 Permitted Uses
One or more of the following principal uses are permitted within a single structure subject to obtaining site development plan approval, if required, in accordance with Article X:
(1) Retail - permanent sales shall be enclosed and no permanent outdoor storage of merchandise. No single retailer may occupy more than 15,000 square feet.
(2) Personal Service Establishments
(3) Banks
(4) Offices
(5) Restaurants including outside service but excluding drive-thru facilities and outside entertainment
(6) Museums, galleries and meeting halls
(7) Places of religious worship
(8) Government buildings and uses including fire station, post office, library, commuter parking, transportation terminal area but excluding dumps, incinerators and other garbage disposal, transfer and recycling areas, municipal garage, public works storage yard or commercial type recreation facilities.
(9) Residential dwellings located above commercial uses at a density no greater than one (1) dwelling per one-half (1/2) acre of land as calculated pursuant to Section 6.04.600(1). (Added effective 7/26/04)
6.04.400 Special Exception Uses
The following principal uses and structures are permitted subject to obtaining a special exception approval in accordance with the standards, criteria, conditions, and procedures set forth in Article XI.
(1) Two or more commercial buildings upon a lot containing one or more principal uses as listed in Section 6.04.300. (added effective 8/9/99)
(2) Reserved. (Added effective 8/9/99, amended effective 7/26/04)
(3) Any building which has more than 10,000 square feet of floor area. (Added effective 9/8/99, amended effective 7/26/04)
(4) Residential dwellings located within a commercial building when not located above a commercial use or when designed as part of a commercial complex where the units are not located above a commercial use at a density no greater than one (1) dwelling per one-half (½) acre of land as calculated pursuant to Section 6.04.600 1. (Added 8/9/99, amended effective 7/26/04)
6.04.500 Accessory Uses
Accessory uses permitted in business zones are set forth in Section 4.04 of these regulations.
6.04.600 Area, Height and Yard Requirements (Added 8/9/99 amended 7/26/04)
Article VII, Area, Height and Yard Requirements and all other applicable sections of these regulations apply, and in addition:
(1) The maximum number of residential dwellings that may be located upon any single lot shall be computed by deducting the following areas from the total lot area: wetlands, watercourses and areas located within the FEMA flood hazard area.
(2) All lots which are adjacent to a residential zone or an existing single family dwelling shall maintain a 25 foot wide natural or planted buffer along such boundary.
(3) Rear and side yard requirements and the buffer as required above may be waived or modified by the Commission provided the Commission finds that the following conditions are or will be met:
(a) The overall design of the project is appropriate to the site and contributes to the improvement of Hawleyville Center.
(b) The overall design of the project is consistent with the Hawleyville Center Design Guidelines.
(c) The project design will enhance or maximize public enjoyment of the property or such a modification will enhance traffic or pedestrian circulation patterns in Hawleyville Center.
(d) The project design and land use is consistent with the Hawleyville Center Design District.
(e) That a public accessway may be located within the buffer area provided a planted area no less than ten (10) feet wide and/or an appropriate screen is installed along the boundary. Such public accessways shall be in the form of landscaped walks, esplanades or other suitable design to encourage active use by the public and shall be dedicated as such in the deed to the property.
6.04.700 Signs (Added effective 8/9/99, Amended effective 7/26/04)
The Hawleyville Center Design Guidelines and all applicable general provisions of the sign regulations, Article VIII, Section 1 shall apply with the following exceptions:
(1) All signs permitted in the HCDD may be externally illuminated.
(2) Any wall sign attached perpendicular to the front building wall shall be limited to a 30 inch projection.
(3) No exterior sign shall be internally lit.
(4) No sign shall advertise the availability of alcoholic beverages or tobacco, by product name or otherwise, within 300 feet of the nearest property line of land occupied by any school or church.
6.04.800 Parking (Added 8/9/99, Amended effective 7/26/04)
Article VIII, Section 3 and all applicable sections of these regulations shall apply, and in addition:
(1) Parking shall be located to the rear or to the side of buildings which are positioned along the street frontage so as to maintain the street wall and character of the Hawleyville Center.
(2) Notwithstanding Section 8.03.420, the Commission may approve required parking on a different lot from the principal use provided the following criteria are met:
(a) That the off-site parking facility is located on a lot which is within the Hawleyville Center Design District.
(b) That the off-site parking facility is within a reasonable walking distance of the building containing the use being served and there is a sidewalk or accessway between the properties.
(c) That the off-site parking facility is clearly marked as parking for the commercial use being served.
(d) That a long term instrument acceptable to the Commission will assure that the use of such off-site parking remains available to the user. Such instrument shall be filed on the land records.
(e) That the site design for the principal use and the parking facility shall be consistent with the Hawleyville Center Design Guidelines.
(f) In no case shall parking be a principal use on any lot.
(3) Whenever possible, vehicle access to parking lots shall be shared with adjacent properties and a minimum of curb cuts shall be utilized.
(4) All parking lots shall be arranged to promote easy circulation of vehicles and pedestrians.
6.04.900 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE VI - SPECIAL DISTRICTS
SECTION 5 - SANDY HOOK DESIGN DISTRICT (SHDD)
6.05.100 Purpose and Intent:
The purpose of the Sandy Hook Design District is to encourage a diversity of compatible uses that will enforce the district as an historic, mixed use hamlet. Land uses which are oriented to the surrounding neighborhood and to visitors to the area are encouraged and are vital to continuing the district's place in Newtown's history and its future as a viable neighborhood commercial hub.
Future development should emphasize the pedestrian scale, historic quality and natural resources found here. It is intended that the district will have infrastructure of sufficient capacity to support efficient use of land and mixed-use developments which places housing convenient to employment, shopping services and related activities. Due to the unique characteristics of the general area and the desire to create an attractive environment, these regulations are intended to be flexible to maximize the benefits to the Town and will improve the human environment by encouraging public walkways, bike paths, shared off-street parking facilities and landscaped public space.
6.05.200 General Regulations
The land and buildings shall be used for the principle uses listed below. Uses that are not listed as permitted by right or by special exception shall not be permitted by variance.
In order to achieve the highest quality of design, the Commission created and adopted the Sandy Hook Design District Guidelines. The guidelines describe the elements of context, scale, site design and amenities that are necessary to achieve a cohesive district consistent with and which reflects the character of a New England Village. It is anticipated that all development within the district will be planned to help achieve the purpose and intent of the district. The Sandy Hook Design District Design Guidelines provide examples of specific design elements that have been found to be important and necessary for ensuring a cohesive and functional district. Proposals for development should incorporate the site design elements described in the guidelines into the project.
6.05.300 Permitted Uses
6.05.310 One or more of the following principal uses are permitted within a single structure in the SHDD subject to obtaining site development plan approval, if required, in accordance with Article X:
(1) Retail - permanent sales shall be enclosed and no permanent outdoor storage of merchandise.
(2) Personal service establishments.
(3) Banks.
(4) Offices.
(5) Restaurants including outside service but excluding drive-thru facilities and outside entertainment.
(6) Museums, galleries and meeting halls.
(7) Places of religious worship.
(8) Two residential dwellings per lot located within a commercial building, and above any permitted commercial use subject to section 6.05.600(3).
(9) Single family residence.
(10) Bed and breakfast.
(11) Publishing establishment.
(12) Veterinary Hospital, for surgery and recovery only, and must be connected to public sewers.
(13) Child day care center (added effective April 12, 2010).
6.05.400 Special Exception Uses
6.05.410 The following principal uses and structures are permitted in the SHDD subject to obtaining a special exception permit in accordance with the standards, criteria, conditions, and procedures set forth in Article XI:
(1) Two or more commercial buildings upon a lot containing one or more principal uses as listed in Section 6.05.310.
(2) Reserved (Effective 6/21/99)
(3) Three or more residential dwellings per lot located within a commercial building and above any permitted commercial use subject to Section 6.05.600(3).
(4) Inn.
(5) Any building containing one or more principal uses which has more than 10,000 sf of floor area.
(6) Laundromats and dry cleaners.
6.05.500 Accessory Uses
In addition to the accessory uses permitted in business zones pursuant to Section 4.04, the following accessory use will be permitted so long as it remains clearly accessory to the principal use on the lot (added effective April 28, 2003).
6.05.510 A farmer's market on lots in off-street areas during weekend days and holidays during day-light hours. No permanent structures shall be permitted (added effective April 28, 2003).
6.05.600 Area, Height and Yard Requirements. Article VII Area, Height and Yard Requirements and all other applicable sections of these regulations apply, and in addition:
(1) All lots which are adjacent to a residential zone shall maintain a 25-foot wide planted buffer along such boundary.
(2) Rear and side yard requirements and the buffer as required in subsection (1) above and Article VII may be waived or modified by the Commission subject to the following conditions:
(a) The overall design of the project is appropriate to the site and contributes to the improvement of Sandy Hook Design District.
(b) The overall design of the project is consistent with the Sandy Hook Design District Guidelines.
(c) The design will enhance or maximize public enjoyment of the property or such a modification will enhance traffic or pedestrian circulation patterns in the SHDD.
(d) The waiver is considered to be consistent with the purpose and intent of the SHDD.
(e) That a public accessway may be located within the buffer area provided a planted area of approximately ten (10) feet is maintained and/or an appropriate screen is installed along the boundary. Such public accessways shall be in the form of landscaped walks, esplanades, boardwalks or other suitable design to encourage active use by the public and shall be dedicated as such in the deed to the property.
(3) Residential Density
(a) Any lot which proposes dwellings on the story above a commercial use shall calculate the residential density at no greater than one (1) unit per 10,890 square feet of lot area. Such dwellings shall be permitted only upon lots that are connected to the public sewer system. (added effective 10/2/95, amended effective 8/28/06)
(b) Any lot which proposes dwellings on the story above a commercial use may calculate the residential density at no greater than one (1) unit per 6,400 square feet of lot area provided such lot is connected to public water and sewer services and all (100%) such dwellings shall be deed restricted for a period of 30 years as affordable housing pursuant to Section 8-30g of the CT General Statutes. (added effective 8/28/06)
6.05.700 Signs
The Sandy Hook Design District Design Guidelines and all applicable general provisions of the sign regulations, Article VIII, Sections 8.01.100 and 8.01.200, shall apply with the following exceptions:
(1) Section 8.01.211 shall not prohibit the placement of wall signs attached flush against or hanging perpendicular to the front building wall which is closer than 25 feet from a street line.
(2) Section 8.01.410 shall not prohibit a wall sign attached perpendicular to the front building wall to be limited to a 12 inch projection but such signs shall be limited to a 30 inch projection.
(3) All signs in the Sandy Hook Design District shall conform to those permitted by Section 8.01.530.
(4) No sign shall advertise the availability of alcoholic beverages, by product name or otherwise, within 300 feet of the nearest property line of land occupied by any school or church.
6.05.800 Parking
Article VIII, Section 3 and all applicable sections of these regulations shall apply to the Sandy Hook Design District with the following exceptions:
(1) Parking shall be located to the rear or to the side of buildings which are along the street frontage so as to maintain the street wall and character of the SHDD.
(2) Parking may be located on a different lot from the principal use provided that the following criteria are met:
(a) That the off-site parking facility is located on a lot which is within the SHDD.
(b) That the off-site parking facility is within 300 feet of the building containing the use being served.
(c) That a long term instrument acceptable to the Commission will assure that the use of such off-site parking remains available to the user. Such instrument shall be filed on the land records.
(3) Wherever possible, vehicle access to parking lots should be shared with adjacent properties and shall utilize a minimum of curb cuts.
(4) All parking lots shall be arranged to promote orderly circulation of vehicles and pedestrians.
6.05.900 Supplemental Regulations
Article VIII, Supplemental Regulations including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.
ARTICLE VI - SPECIAL DISTRICTS
SECTION 6 - SPECIAL DEVELOPMENT DISTRICT (SDD)
**Please note that individual approved SDD regulations can be found in Appendix B attached to, and as part of, these Zoning Regulations.
6.06.100 Purpose and Intent
The purpose of this section is to provide provisions that will permit flexibility in land use development within the SMVDD where significant parcels are to be developed or redeveloped as a planned development containing integrated and harmonious elements, and where the overall design of such elements is so outstanding as to warrant modification of the standards contained elsewhere in these Regulations.
The intent of this Section is to provide a unique opportunity for and guidance in design of development parcels which are likely to have a significant impact upon the South Main Street corridor.
6.06.200 Eligibility
To be eligible under this section, the proposed Special Development District (SDD) must be:
6.06.210 located in the South Main Village Design District (SMVDD), and
6.06.220 in accordance with the Newtown Plan of Conservation and Development as amended, and other applicable plans adopted by the Commission; and
6.06.230 composed of such uses, and in such proportions, as are most appropriate and necessary for the integrated functioning of the planned development and for the community; and
6.06.240 so designed in its space allocation, orientation, texture, materials, landscaping and other features as to produce an environment of stable and desirable character, complementing the design and values of the surrounding neighborhood, and showing such unusual merit as to reflect credit upon the developer and upon the town: and
6.06.300 Process
6.06.310 Any proposed Special Development District shall be considered to be a designated design district so that development within the district will be reviewed by the Design Advisory Board.
6.06.320 Any proposed Special Development District shall be considered to be a village district pursuant to CGS Section 8-2j.
6.06.330 In addition to any other standards or considerations, any proposed Special Development District shall be:
(1) subject to the review process established for the SMVDD, and
(2) evaluated using the design review guidelines established for the SMVDD.
6.06.400 Approval of Concept
6.06.410 Each application for a Special Development District shall:
(1) state the proposed modifications of existing zoning,
(2) be accompanied by schematic plans, including contoured site plans, showing the improvements to be erected upon the tract, the open spaces to be provided, the nature and location of the proposed use or uses, the relationship of the proposed development to surrounding properties, and other pertinent information,
(3) be accompanied by a traffic impact study showing the amount and direction of traffic to be generated by the proposed development and estimating the effect of such traffic on the roadway capacity and safety, and
(4) state whether any proposed division of the tract into separately owned or operated units is proposed.
6.06.420 The application and schematic plans shall be sufficient in scope and character to determine that the same objectives, purpose and intent and design guidelines of the South Main Village Design District (SMVDD) will be met.
6.06.430 In terms of timeframes, the application to establish a Special Development District shall be processed as if it were a Zone Change application in accordance with Article XIII of these Regulations.
6.06.440 Upon specific findings that each of the objectives stated within Section 2.02.100 will be met, the Commission may approve by 4/5 majority vote the establishment of a Special Development District as described in the application and as may be modified by the Commission and such approval shall be construed to amend these Regulations insofar (and only insofar) as specific deletions, additions and changes are made which are related to the land and structures in the tract, and the tract shall be designated as a separate Special Development District provided that the requirements of Subsection 6.06.500 below are met.
6.06.500 Approval of Detailed Plans
6.06.510 After the approval of the application and schematic plans, the applicant shall file detailed plans for review by the Commission showing the details of the proposed development as fully as possible and including elevations and perspectives of proposed construction.
6.06.520 Such detailed plans shall be filed within 180 days of the approval of the schematic plans except that the Commission may grant up to two (2) additional extensions of 90 days each for filing of detailed plans.
6.06.530 If such detailed plans are not filed within the above proscribed period, the approval of the schematic plans shall be considered null and void.
6.06.540 In terms of timeframes, the application for approval of detailed plans for a Special Development District shall be processed as if it were a Zone Change application in accordance with Article XI of these Regulations. All required materials for a special exception application pursuant to Article XI shall be included with the detailed plans.
6.06.550 If the applicant later wishes to change any of the details of the proposed development, further detailed plans shall be filed for review by the Commission.
6.06.560 Within 90 days after the approval of the detailed plans, a certified copy of such application and detailed plans shall be filed by the applicant at their own expense in the office of the Town Clerk except that the Commission may grant up to two (2) additional extensions of 90 days each.
6.06.570 Once the certified copy is filed in the office of the Town Clerk:
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