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 wellbeing
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 1/2 acre to three 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.
3.01.210
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 and an accessory use of one Garage with a maximum footprint of
1,600 square feet; any larger garage or multiple garages would require
a special exception.
(a)
Other buildings accessory to the one family dwelling
larger than 1,600 square feet would also require a special exception.
(b)
Buildings to house animals are exempt from maximum
footprint of 1,600 square feet; also, the barn and all manure pile
shall have a 100-foot setback from all property lines.
[Added effective 6-8-2019]
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.
(a)
Two farm employees may be lodged within the principal
dwelling.
(b)
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:
[1]
Each family is housed in a detached dwelling meeting the requirements
for a single-family dwelling in such zone; and
[2]
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 2-15-1993]
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 8-18-2001]
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:
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(a)
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Four times the usable gross floor area of all buildings on the
lot;
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(b)
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Two 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;
|
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(c)
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The minimum lot area of the highest acre zone in which any part
of the lot lies; or
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(d)
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The acreage specified for each use.
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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 nonprofit corporation, association or religious
society and may be either a boarding or day camp, provided that they
do not admit campers over 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 20 acres. The sale of any items
not grown or raised on the premises for at least one 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 15 acres provided that the following minimum standards are
met:
3.01.321
There shall be no more than
two horses per acre on any lot.
3.01.323
There shall be a minimum of 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.
3.01.330
(Reserved)
3.01.340
Vineyards, wineries, permitted
principal uses. Vineyards and wineries with retail sales on lots of
at least 20 acres. Wineries must cultivate at least five acres of
the parcel for grapes or other fruits for the production of wine for
sale. The manufactured wine shall contain a minimum of 25% grapes
or other fruits grown on-site. Sales may include the on-site sale
and consumption of said on-site manufactured wine by glass and bottle
servings, and can include the on-site sale and consumption of food,
as well as the wholesale and/or retail sale of said manufactured wine,
including wine and brandy manufactured by another CT vineyard, for
off-site consumption, and all other uses, allowed under a State of
Connecticut permit "farm winery manufacturer permit," issued per Section
30-16 of the Connecticut General Statutes, as amended.
[Amended effective 2-27-2021]
3.01.341
Permitted 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. Attendance is limited to two people
per approved parking lot spaces (for example, 25 approved parking
spaces = 50 attendees), and are limited as set forth below:
1.
Vineyards and wineries can be allowed two mobile food establishments
on the premises at any one time. The mobile food establishments must
be permitted by the Newtown Health District and approved by the winery
owner.
2.
Private gatherings such as birthdays, private parties, baby
showers, engagements, with wine and food offerings from the vineyard,
or catered food from a pre-approved caterer within the vineyard's
pre-approved indoor capacity.
3.
Food and wine pairings, art paint and sip, craft and sip, yoga/tai
chi/meditation/Pilates/movement stretch and sip, photography in Vineyard
shop and similar events in partnership with other local businesses
where wine would be and food catering may be components of these events.
4.
Art Installations in the vineyard where local artists can display
their paintings and installations on premises for patrons to look
at or purchase.
[Added effective 2-27-2021]
3.01.342
Temporary
accessory uses requiring a special event permit:
1.
Wedding ceremonies, corporate events and similar larger events,
one event per day, with the following conditions:
a.
All special events are by invitation only, not open to public.
b.
All event activities shall be setback 300 feet from any residential
property line and setback 100 feet from all other property lines.
c.
Special events on Fridays and Saturdays shall end by 10:00 p.m.
All other days of the event, special events shall end by 9:00 p.m.
d.
Event building: maximum 5,000 square feet.
e.
Off-site establishments to cater events are allowed.
f.
On-site cooking allowed for each specific event, including a
maximum of two mobile food establishments.
g.
Maximum 15 wedding or events per calendar year, limited to two
per weekend.
h.
Maximum number of guests: 150.
i.
Temporary parking shall be designated on special event permit
plan.
2.
Allowed activities such as wine tasting, vineyard tours and
other traditional winery activities are not included in the 15 events
per year and do not require a special event permit.
[Added effective 2-27-2021]
3.01.350
Commercial dairy farms with
retail sales on lots of at least 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 square feet.
[Added 9-1-2003]
3.01.360
Farms cultivating fiber crops,
and/or raising fiber livestock, with accessory fiber processing facilities
on lots of at least 20 acres. Such facilities shall be used to process
fiber produced and/or purchased by such farm, or fiber produced by
other farms or individuals. The capacity of such processing facility
shall be limited to a maximum of 50 pounds of finished product per
day. The dyeing process may utilize only nontoxic, nonchrome and heavy
metal-free chemicals.
[Added 12-20-2018]
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 nonfamily
members or nonresident 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 25% 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% 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 nonfamily
members or nonresident persons engaged in the accessory use at any
time.
3.01.440
Day care home, family.
3.01.450
Keeping not more than two
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.
3.01.500
One accessory apartment located
in a separate building or attached to the existing dwelling provided
the following criteria can be met:
3.01.501
The accessory apartment shall
include kitchen facilities.
3.01.502
The accessory apartment shall have a maximum
floor area of 1,000 square feet or 40% of the main dwelling floor
area, whichever is less.
3.01.503
Floor area for accessory apartments shall
be calculated by measuring the interior dimensions, minus areas less
than five feet in ceiling height and staircases.
3.01.504
The accessory apartment shall be provided
with one off-street parking space.
3.01.505
Any request for an accessory apartment under
these regulations shall be accompanied by the following:
(a)
Approval from the Newtown Building Inspector that
he or she has reviewed the plans for the proposed accessory apartment
and the proposed plans meet the requirements for Connecticut Building
Code.
(b)
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;
(c)
A site survey showing all structures upon the site,
the lot area, set back distances, well and septic areas;
(d)
Floor plans for the proposed accessory apartment
with dimensions, means of egress and photographs of the building that
is proposed for the apartment;
(e)
A copy of the Assessor's Card for the lot.
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 acres or more provided that all of the following
criteria are met:
3.01.511
No more than 1 1/2 horses,
six months old or older, per acre with a maximum of 15 horses kept
on any lot.
3.01.513
There shall be a minimum of 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 100 feet from any property line.
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 2-18-2002]
3.01.520
Horse boarding stables and
not-for-profit horse riding clubs located on lots having 10 acres
or more provided that the following standards are met:
3.01.521
No more than 1 1/2 horses,
six months old or older, per acre with a maximum of 15 horses kept
on any lot.
3.01.523
There shall be a minimum of 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.
3.01.530
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:
[Added effective 3-5-2010]
3.01.531
The apartment(s) shall be
located in a two-acre zone or more and lot shall have a minimum lot
size equal to 1.5 times the zone acreage and the principal dwelling
shall be occupied by the owner of the premises. Boarding and club
stables allowed per Sections 3.01.320, 3.01.510 and 3.01.520 may have
one apartment per 10 horse stalls. Private horse stables allowed per
3.01.212 may have the following:
[Amended effective 9-25-2021]
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:
(a)
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.
(b)
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).
(c)
An affidavit of ownership signed by the owner of
the principal dwelling and affirming intent that the owner will occupy
the premises as the principal 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.
[Added effective 3-5-2010]
Article VII, Area, Height and Yard Requirements, and all other applicable sections of these regulations apply.
Article VIII, Supplemental Regulations, including signs, access management, landscaping, lighting and all other applicable sections of these regulations apply.
