[HISTORY: Adopted by the Zoning Commission
of the Borough of Newtown 3-1-2005. Amendments noted where applicable.]
These Zoning Regulations are promulgated to secure to the Borough of Newtown the protections and benefits provided by Chapter 124 of the General Statutes, Revision of 1958, as amended. They are designed to lessen congestion in the streets, 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 to encourage the most appropriate use of land throughout the Borough of Newtown. These Regulations and the Zoning Map constitute the comprehensive plan for zoning in the Borough of Newtown.
As used in these Regulations the following terms
shall have the following meanings:
A.
"ACCESSORY USE" shall mean a use customarily incidental
and subordinate to the principal use being made of the lot, but not
including any use specifically prohibited by 4.04 of these Regulations.
B.
"ALCOHOLIC BEVERAGE" shall mean any beverage, the
sale or dispensing of which requires a permit from the Connecticut
Liquor Control Commission.
C.
"ALCOHOLIC BEVERAGE OUTLET" shall mean any packaging
store, restaurant, tavern, grill or other place where alcoholic beverages
are sold, whether for consumption on or off the premises, except wholesale
distributors, stores selling canned or bottled beer only, or drugstores
dispensing liquor on prescription only.
D.
"ASSISTED
LIVING FACILITY” shall mean an elderly housing facility as defined
in § 19a-490(l) of the Connecticut 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.
[Added 4-12-2017, effective 4-24-2017]
A.
"BOROUGH" shall mean The Borough of Newtown.
B.
"BUFFER" -- see "Natural buffer" and "Planted buffer".
C.
"BUILDING" shall mean any structure having a roof
supported by columns or walls and intended for the shelter, housing,
or enclosure of persons, animals or chattels.
D.
"BUSINESS BUILDING" shall mean a building, which may be comprised
of more than one discrete building structure, none of which shall
exceed 6,500 square feet of gross floor area, provided that:
(1)
Each such building structure is physically and visually separated;
and
(2)
All such structures are situated and oriented upon the lot so
as to minimize the visual mass of the various components when viewed
from any public way;
(3)
Such structures are used for businesses, restaurants without
drive-through service, or retail uses, including, but not limited
to, a liquor package store, or for banking, office or professional
uses, or for shops where personal services are customarily provided
directly on the premises, including, but not limited to, barbershops,
beauty shops, tailors, photographers, appliance repairs, opticians,
travel agencies, custom photocopy, small equipment rental, food caterers,
pharmacies, service agencies, specialized schools, secretarial services,
and similar light convenience services, or any combination thereof;
provided, however, that permanent sales and service areas of all such
uses shall be wholly enclosed, and there shall be no permanent outdoor
storage of merchandise.
[Amended 12-9-2015, effective 12-21-2015]
A.
"CLUB" shall mean a group of persons organized solely
for an ongoing 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.
B.
"COMMISSION" shall mean the Borough Zoning Commission.
C.
"CORNER LOT" -- see "Lot, Corner".
A.
"GARAGE" -- see "Public Garage".
B.
"GROSS FLOOR AREA" shall mean the sum of the gross horizontal area
of the building measured from the exterior faces of exterior walls.
Gross floor area shall include the area of the basements when used
for residential, commercial, professional or industrial purposes but
does not include a cellar or portion of a basement used for incidental
storage or housing of mechanical or HVAC equipment.
[Amended 12-9-2015, effective 12-21-2015]
C.
"GUEST HOUSE" shall mean an accessory building without
kitchen facilities used solely for the accommodation of guests of
the family making principal use of the lot for residence purposes
and for which no rental or other charge is made or received, either
directly or indirectly, in cash, kind of services. The maximum area
of a guest house shall not exceed 15% of the area of the principal
dwelling on said lot.
A.
"HEIGHT,
BUILDING, DWELLING, OR OTHER STRUCTURES." The vertical distance from
the average finished ground level, measured 10 feet from the building,
dwelling, or other structure footprint to the highest point of the
structure.
[Added 4-10-2019, effective 4-22-2019]
B.
"HOSPITAL" shall mean 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.
C.
"HOTEL" and "MOTEL" shall have the same meaning and
shall mean a building or buildings in which rooms, each with private
bath facilities, provide temporary lodgings to transients for a consideration
and which may not provide a private outside entrance to each room
or suite of rooms, rooms for public assembly, or rooms for the serving
of food.
A.
"ILLUMINATED SIGN" -- see "Sign, externally illuminated"
and "Sign, internally illuminated".
A.
"JUNK YARD" means an area in excess of 200 square
feet not completely enclosed in a permitted structure or 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 a lot.
A.
"KENNEL" -- see "Operating a Kennel".
A.
"LIGHT
OFFICE" means those office spaces that are used to support not-for-profit
and charitable organizations or off-site professional uses.
[Added 8-10-2016, effective 8-22-2016[1]]
B.
"LOCAL RESIDENTIAL STREET" -- see "Street, local residential".
C.
"LOT" shall mean 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 subdivision lots owned by a person
not required to obtain reapproval of the subdivision pursuant to 2.17
of the Newtown Land Subdivision Regulations effective October 1967.
The mere recording or filing of a map in the Town Clerk's Office shall
not constitute the creation of a lot.
D.
"LOT, CORNER" -- a corner lot shall mean 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.
E.
“LOT COVERAGE." The entire area of a lot covered by buildings,
storage, loading, impervious surfaces, driveways, sidewalks and parking
areas.
[Added 4-10-2019, effective 4-22-2019]
F.
"LOT FRONTAGE" shall mean the distance between the
sidelines of a lot measured along the streetline, or in the case of
a corner lot, measured between the sideline on one side and the streetline
on the other. For purposes of this definition, the streetline of a
temporary turnaround (as used in the Newtown Land Subdivision Regulations)
shall be the streetline which would exist if the street were extended
and the temporary portion of the turnaround eliminated.
A.
"MAJOR COLLECTOR STREET" -- see "Street, major collector".
B.
"MINIMUM SQUARE" means 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 boundaries
and touching the minimum front setback line of a lot in said zone.
No more than 20% of the minimum square shall be classified as inland
wetlands as determined by field survey.
C.
"MOTEL" -- see "Hotel".
A.
"NATURAL BUFFER" shall mean 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 vision of
the buildings, parking areas or uses on the lot on which it is located
of a person standing on the adjacent lot not closer than 25 feet from
the lot line.
B.
"NURSERY SCHOOL" shall mean the providing of daytime
care or instructions for not more than 15 children from two to five
years in age, inclusive. Schools or places providing instruction or
day care for more than 15 children or for children six years of age
or older shall be considered private schools.
A.
"OFFICE" shall have its customary use and shall mean
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.
B.
"OFFICE BUILDING" shall mean a building devoted exclusively
to office use. It may include one or more discrete building structures
on the same lot devoted exclusively to office use.
C.
"OPERATING A KENNEL" shall mean 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.
A.
“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.
[Added 4-10-2019, effective 4-22-2019]
B.
"PARKING SPACE" means any area used or designated
for use for the parking of motor vehicles.
C.
"PERSONAL
SERVICE ESTABLISHMENT" shall mean an establishment engaged in providing
a service involving the care of a person, his or her apparel or his
or her pets, including a barbershop, beauty parlor, day spa, nail
salon, day health club, shoe repair, tailoring or dressmaking, photographic
studio, apparel rental services, counseling and pet grooming, provided
that pets are not kept overnight.
[Added 8-10-2016, effective 8-22-2016[1]]
D.
"PLANTED BUFFER" means 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 evergreen 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 15 feet, but not closer than 10 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.
Said trees must be maintained or replaced if necessary to provide
continuous screening.
E.
"POND" shall mean 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.
F.
"PROFESSIONAL
BUILDING" is a structure that is used by professional persons and
may include residential units, personal service establishments and
light office spaces.
[Added 8-10-2016, effective 8-22-2016]
G.
"PROFESSIONAL PERSON" shall mean a person who is engaged
in a business such as medical, dental, legal, engineering, consulting,
clerical, administrative, educational, financial, real estate and
similar professions.
[Amended 8-10-2016, effective 8-22-2016[2]]
H.
"PUBLIC GARAGE" shall mean 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 sales rooms for the sale of new automobiles, farm equipment,
trucks and motorcycles.
I.
"PRINCIPAL PUBLIC UTILITY INSTALLATION" is a major utility infrastructure
facility that constitutes a principal use on a parcel.
[Added 4-8-2015, effective 4-20-2015]
J.
"PUBLIC UTILITY INSTALLATION, INCIDENTAL," includes facilities and
structures that aid in the delivery of public utility services to
the public but does not include public utility equipment. Such installations
are considered incidental only insofar as they are minor in relation
to the principal use on the lot and are limited in height to the average
peak roof height of buildings, any part of which are within 500 feet
of the installation.
[Added 4-8-2015, effective 4-20-2015]
K.
"PUBLIC UTILITY EQUIPMENT" facilitates the delivery of public utility
services to the public that is either underground or it occupies less
than 10 square feet of surface area, such as telephone, electric and/or
cable poles, street and/or sidewalk lighting, wires, fire hydrants
and accessways to underground utilities that do not project above
the natural ground surface.
[Added 4-8-2015, effective 4-20-2015]
A.
”SCHOOL” shall mean any boarding, day
or night school or college, including one conducted by the Town or
State, in which full time academic instruction is offered for one
or more grades.
[Amended 5-23-2011; 4-10-2019, effective 4-22-2019]
B.
"SETBACK."
The horizontal distance from any street line or lot line to any structure,
measured in a straight line from and perpendicular to such street
or lot line.
[Added 4-10-2019, effective 4-22-2019]
C.
"SHOPPING CENTER" means a lot containing one or more
buildings integrated architecturally and in placement on the lot,
devoted to various business enterprises, which use the parking and
other facilities on the lot in common.
D.
"SIDE YARD" -- see "Yard, rear".
E.
"SIGN" shall mean any device involving the visual
sense, whether ordinarily defined as a sign or not, which is intended
to bring attention to the subject thereof, including without limitation,
illuminated structural features and extraordinarily bright lights
placed or designed to attract attention.
F.
"SIGN, EXTERNALLY ILLUMINATED". An externally illuminated
sign is one which is artificially illuminated in any manner from sources
not contained within the sign.
G.
"SIGN, INTERNALLY ILLUMINATED". An internally illuminated
sign shall mean a sign which is illuminated to any degree from sources
of illumination, except neon, contained within the sign itself and
may include without limitation, distinctively shaped lights even though
no writing or other designs appear thereon.
H.
"SIGN, WALL". A sign which is built into or supported
by a wall of a building or structure, but not merely painted on the
surface of the wall.
I.
"STATE" shall mean the State of Connecticut.
J.
"STORY" shall mean that 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% of the attic floor is finished
for habitable purposes, in which case it shall be considered a full
story. A story which is not entirely above the average ground level
at the foundation shall be figured at that fraction of a story which
its height above average ground level bears to the total height of
the story.
K.
"STREET" shall mean any public highway over which
the public has a right to pass and repass whether maintained by the
Town or the State or any proposed street shown upon a final subdivision
plan valid under the Newtown Land Subdivision Regulations effective
October 2, 1967.
L.
"STREET, ARTERIAL". An arterial street shall mean
a street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Newtown Planning
and Zoning Commission in the Newtown Plan of Development.
M.
"STREET LINE" shall mean the line marking the boundary
of the street right of way.
N.
"STREET, LOCAL RESIDENTIAL". A local residential street
shall mean a street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Newtown Planning
and Zoning Commission in the Newtown Plan of Development.
O.
"STREET, MAJOR COLLECTOR". A major collector street
shall mean a street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Newtown Planning
and Zoning Commission in the Newtown Plan of Development.
P.
"STREET, MINOR COLLECTOR". A minor collector street
shall mean a street, whether presently existing or proposed on a subdivision
plan, which is officially classified as such by the Newtown Planning
and Zoning Commission in the Newtown Plan of Development.
Q.
"STRUCTURE" shall mean anything constructed, whether
or not the resulting structure is raised aboveground. It may be constructed
of natural or artificial material. Structures shall include, without
limitation, swimming pools, tennis courts, garages, and parking areas.
[Amended 4-10-2019, effective 4-22-2019]
R.
"STRUCTURAL ALTERATION" shall mean any change in a
building or structure requiring a building permit under the State
Building Code.
S.
"SURVEY" shall mean class A-2 or better.
A.
"TOPSOIL" shall mean earth materials, including loam,
which are arable and which constitute the surface layer of earth material.
B.
"TOWN" shall mean the Town of Newtown.
C.
"TRAILER" shall mean a portable, primarily temporary
living accommodation towed on wheels, transported on a truck or having
its own motive power, which may or may not contain running water,
bath facilities, a toilet, appropriate sanitary connections or cooking
facilities.
A.
"YARD, FRONT". A front yard is an open space across
the width of the lot between the building or structure (other than
driveways) nearest a street and the street line.
B.
"YARD, REAR". A rear yard is an open space across
the full width of the lot between the rear most building or structure
(other than driveways) and the rear lot line.
C.
"YARD, SIDE". A side yard is an open space extending
from the front yard to rear yard between the side lot line in question
and the nearest building or structure (other than driveways).
The Borough of Newtown is hereby divided into
the following zones:
Said zones are bounded and defined on a map
entitled "Borough of Newtown, Connecticut, Zoning Map", dated January
1, 2003 and filed with the Borough Clerk and which, with all explanatory
matters thereon, is hereby made part of these Regulations.
All official zoning maps of the Borough 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 3.02. 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 3.02 hereof.
Where uncertainty exists as to the boundaries
of zones as shown on the Zoning Map, the following rules shall apply:
A.
Boundaries indicated as following streets, railroads,
brooks or rivers shall be considered to follow the center lines of
such streets, railroads, brooks or rivers.
B.
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.
C.
Boundaries indicated as following identifiable lot
lines or as being parallel or perpendicular thereto, or extensions
thereof, shall be construed as following such lot lines or being parallel
or perpendicular thereto, or extensions thereof, even though such
lot lines are not drawn accurately or to scale on the Zoning Map.
D.
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.
E.
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.
The principal uses permitted in the zones indicated
are set forth below. Only those principal uses are permitted and all
others are hereby expressly prohibited.
Where the use is expressed as a building or
structure, it is intended to refer to the use commonly carried on
in said building or structure.
No use shall be permitted, even if otherwise
listed as a permitted principal or accessory use, which causes or
results in:
A.
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 4.14 of these Regulations for the zones in which they apply shall
automatically be considered a violation of this Section, but this
Section may also be found to be violated in any zone where the Zoning
Enforcement Officer finds the existence of the items listed on the
first sentence of this Section without regard to said performance
standards.
B.
Menace by reason of fire, explosion or other potential
hazard to person or property.
C.
Any discharge into the atmosphere, the ground or any
brook or other body of water of any substance which, in the form and
quantity discharged, will damage the environmental 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 of the lot.
D.
Unsightly outdoor storage or accumulation of chattels
or personal property.
[Amended 2-12-2014, effective 3-3-2014]
[Amended 4-12-2006; 2-12-2014, effective 3-3-2014; 4-10-2019, effective 4-22-2019]
A.
No business,
commercial restaurant or professional use shall contain less than
800 square feet.
B.
No discrete
business, commercial, restaurant or professional building shall contain
more than 6,500 square feet of gross floor area.
C.
A building
greater than 6,500 square feet of gross floor area existing prior
to the adoption of these regulations shall be allowed to increase
its gross floor area by no greater than 10%, provided that:
(1)
The existing building footprint is not increased and, if the existing
part of the building to be increased in gross floor area is within
the required or preexisting setback, the setback nonconformance shall
not be increased; and
(2)
The increased gross floor area is required for an existing use in
said building; and
(3)
There has been no previous gross floor area increase.
The Commission shall have authority to suspend
operation of such of these regulations as may be done consistently
with the Connecticut General Statutes and only in strict conformity
with the following provisions:
A.
[Amended 2-6-2013, effective 2-22-2013; 6-11-2014, effective 6-23-2014]
(1)
Upon an application submitted by the landowner, tenant or other person
interested in a specified lot showing extraordinary hardship, substantial
interference with an ongoing permitted use occasioned by fire, calamity,
natural disaster or other sudden emergency and the proposed remedy,
the Zoning Commission may, upon four affirmative votes, temporarily
suspend, in whole or in part, the operation and application of such
of these regulations as will, in its judgment, alleviate said hardship
for a definite period not extending beyond one year from the date
of the occurrence.
(2)
Additional applications relating to the same occurrence may be granted
by the Commission for additional definite periods not to exceed one
year by four affirmative votes and only upon a satisfactory explanation
of the reasons why the emergency giving rise to the first and any
additional orders of suspension have not been resolved within the
time period provided in the first order of suspension, plus additional
applications, and a demonstration by the applicant of diligence in
commencing and completing permanent repairs or otherwise resolving
the hardship in such a manner and to such extent as is intended to
continue the previous use of the property in terms of the nature,
intensity and extent thereof.
|
The provisions of this paragraph shall be deemed applicable
to any property for which one or more suspension applications have
been approved prior to the effective date of the amendment to these
regulations providing for previous suspension orders and, provided
further, that any application submitted pursuant to this subparagraph
is submitted within 30 days after the effective date of this amendment.
|
B.
Upon the granting of such an application, the Commission
shall state upon the record its findings with respect to the nature
and date of the occurrence, the hardship found, the section or sections
of these regulations which are affected by its order and the remedy
allowed. No such application may be approved without a finding that
such suspension will not adversely affect the health, safety or welfare
of the people of the Borough off Newtown and will not substantially
affect property values.
C.
The filing of such an application shall not suspend
the operation or effect of any cease and desist order issued by the
Zoning Enforcement Officer.
It is the intent of these regulations to encourage,
protect, enhance and perpetuate uses, structures and appurtenant vistas
of historical value which represent or reflect elements of the Borough's
cultural, social, economic, political or architectural history.
"Emergency Service Communication Facilities"
shall mean communication equipment intended for the exclusive use
of municipal and state emergency services, including police, public
safety and fire services. There shall be allowed and permitted as
a second or additional use of a parcel within the Borough, by special
exception, upon the joint application of the property owner and the
municipal agency affected, and upon the conditions contained in this
section, the installation, maintenance and use of Emergency Service
Communication Facilities, upon a showing, in addition to the requirements
for a special exception, that:
A.
there is a specific articulated public safety need
for such facilities that will be addressed and resolved by the installation,
maintenance and use of the proposed Facilities,
B.
the proposed physical components of the Facility impose
the least burden on the neighborhood in which they are installed and
on the environment when considered in light of the foreseeable useful
life of the technology in relation to the reasonable growth needs
of the town,
C.
the installation, existence, maintenance and operation
of the Facility will neither create nor increase a safety, quality
of life or health problem,
D.
the proposed Facility is the best feasible solution
to address and resolve the stated safety problem.
|
The application for the particular Facility
and use shall:
| |
|
A. identify the applicants,
| |
|
B. identify, with particularity, the public
safety problem to be addressed and resolved by the proposed Facility,
| |
|
C. describe, with particularity, the physical
components required and proposed to address and resolve the stated
safety problem, and
| |
|
D. describe other measures considered by the
agency to resolve the safety problem which would not require a special
exception under this section, and the reasons why the proposed Facility
presents a solution that is sufficiently superior to the others as
to justify an exception to the general prohibition of multiple uses
for properties.
| |
|
Any special exception granted pursuant to this
section shall be for the use and the Facility described in the application.
Any addition or expansion of such Facility is hereby prohibited in
the absence of a subsequent exception granted pursuant to this section.
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[Added 4-8-2015, effective 4-20-2015]
A.
Reasonably necessary public utility equipment is allowed in all zones
in addition to the principal use on the lot and on land dedicated
to public use, such as street rights-of-way, provided that its presence
and/or location shall not present a hazard to persons or property.
B.
Incidental public utility installations are allowed in addition to
the principal use on a lot in all zones by special exception, provided
that with respect to residentially zoned parcels there is found an
overriding need arising out of public safety or convenience.
[Amended 5-23-2011]
No land, building or other structure shall be
used and no building or other structure shall be erected, altered
or added to which is arranged, designed, intended to be, or is capable
of being used except for one of the following principal uses, provided
the Site Development Plan approval has been granted in accordance
with Article 10 hereof, if so required.
A.
One-family dwelling, one per lot.
B.
Farming, including dairying, horse raising, sheep
raising and poultry raising, but excluding operating a kennel or the
raising of fur-bearing animals.[1]
[1]
Editor's Note: Former Subsection C, regarding ancillary uses
to other zones, which immediately followed, was repealed 2-12-2014,
effective 3-3-2014.
[Added 5-16-2012, effective 6-18-2012]
A.
Purpose and Intent: The intent of this regulation is to allow for
greater flexibility and creativity in the design of single-family
residential developments within the Borough of Newtown and to provide
for larger areas of open space and the preservation of the unique
natural features of land parcels in order to properly manage such
growth.
B.
Applicability: Any parcel or contiguous parcels consisting of more
than 25 acres of land that lie entirely within a residential zone
are eligible to apply for a Special Exception for an Open Space Residential
development per § 4.06K for the following uses:
(1)
Detached Single-Family Dwelling Units with attached or detached
garages, which shall be served by a private street, maintained by
and at the expense of a private homeowners' association.
(2)
A clubhouse, community center, cabana, picnic pavilion, pool,
tennis court, or other passive or active recreation facility, exclusively
serving the dwelling units on the parcel and subject to all other
area, height, and yard requirements of the underlying zone.
C.
Any such development shall meet the standards and regulations for
residential uses contained in these regulations, except that the standards
contained in this subsection shall prevail over any conflicting standard
otherwise applicable.
(1)
Density Calculation: The maximum number of dwelling units permitted
shall not exceed 1.5 times the Developable Acreage, which is the total
(gross) acreage of the parcel(s) minus any land having wetlands, watercourses,
ponds, or steep slopes over 25%. In addition, the total number of
units cannot exceed one per acre of the total (gross) acreage of the
parcel(s).
(2)
Open Space: A minimum of 50% of the parcel must be set aside
as preserved open space via a conservation easement in favor of the
Borough of Newtown, resulting in the protection of the unique features
of the parcel. The preserved open space may contain trails, bike paths,
picnic tables, docks, un-motorized boat storage, and other features
for passive recreation, but shall contain no structures nor permit
motorized vehicles within.
(3)
Area, Height and Yard Requirements: Area, Height and Yard Requirements
of the underlying zone and all other applicable sections of these
regulations apply, and in addition:
(a)
Setbacks: In order to provide a buffer area to the neighboring
parcels, the minimum setback from the public streetline shall be 200
feet or four times the regular setback for the underlying zone, whichever
is greater. The minimum side and rear yards shall be 100 feet or four
times the regular setback for the underlying zone, whichever is greater.
No private street, driveway, parking area, or structure shall be within
the minimum setback area other than that portion of a private street
or required secondary accessway (if any), the sole purpose being for
entrance or egress from the property to the street.
(b)
Minimum Distance Between Buildings: In no case shall the distance
between buildings be less than 20 feet, except for detached garages,
which must be no less than five feet from the dwelling unit they serve
and 20 feet from any other building.
(4)
Wastewater Discharge and Water Supply: Any lots considered for
Residential Open Space Use shall have access to public sewers and
public water, and any development shall be connected to public sewers
and public water before final Certificate of Occupancy.
(5)
Utilities: All utilities on the lot shall be underground.
(6)
Steep Slopes: Site layout should be designed to minimize development
upon and re-contouring of slopes having 25% or more grades. Disturbance
of steep slopes and the creation of steep slopes shall be avoided
to the greatest extent possible.
(7)
Accessways, Private Streets, Driveways, Sidewalks, and Parking.
(a)
Accessways:
[1]
Each Residential Open Space development 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.
[2]
Each parcel containing 40 or more dwelling units
shall have a secondary accessway suitable for use by emergency vehicles.
The secondary accessway shall be not less than 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 remain unobstructed and shall be maintained at all
times so that there are no impediments to emergency vehicle use.
(b)
Streets:
[1]
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.
[2]
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
construction methods and materials 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 or Borough shall be required
for the private streets.
[3]
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.
[4]
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
shall enter a public highway less than 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 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 60º.
(c)
Driveways: Each driveway serving dwelling units shall meet the
following criteria:
[1]
Travel width: The travel width of the driveway
shall at no point be less than 10 feet. Driveways serving more than
one dwelling unit shall be not less than 16 feet wide.
[2]
Grading: Driveways within the lot shall not contain
grades greater than 5%.
[3]
All driveways upon the site shall intersect with
the private street in the development. No driveway shall intersect
directly with a public highway.
(d)
Sidewalks: As part of the granting of the special exception,
the Commission may require the installation of a sidewalk along any
portion of the parcel which fronts on an existing public highway.
(e)
Parking: Three parking spaces per dwelling unit shall be provided
off the private street. Each parking space shall contain a rectangle
no less than nine feet in width and 18 feet in length. Parking spaces
may be provided by use of a garage, driveway, or a paved surface dedicated
to parking.
(8)
Lighting: All private streets and parking areas 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 dwelling
units within the lot. All exterior lighting shall comply with the
provisions elsewhere in these regulations.
(9)
Dogs: The limitations established in § 4.07E shall
not apply to Open Space Residential developments. For such developments,
the keeping or boarding of dogs over the age of six months not for
profit shall be limited to three per dwelling unit.
[Amended 5-23-2011 ]
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 procedure
which are set forth in 8.04 hereof:
A.
Places of religious worship.
B.
Schools and nursery schools
C.
Principal public utilities, such as substations, pump stations, regulator
valve vaults, water tanks and sewage treatment plants, having no material
or motor vehicle service or storage yards.
[Amended 4-8-2015, effective 4-20-2015]
D.
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014]
E.
Intentionally omitted.
[Amended 4-8-2015, effective 4-20-2015]
F.
Public works garages and public storage areas operated
by or on behalf of the Town.
G.
Cemeteries owned by the town, by a church, or a cemetery
association located in Town.
H.
Parks
and playgrounds operated by the Town.
I.
Horticulture
and wildlife reservations not operated for profit.
J.
Governmental
buildings and uses, public libraries, public museums, but not including
dumps, incinerators and other garbage disposal areas, municipal garages,
public works storage yards or commercial-type recreation facilities.
K.
Residential
open space development.
[Added 5-16-2012, effective 6-18-2012; amended 2-12-2014,
effective 3-3-2014]
|
The minimum lot area for such special exception uses shall be
computed as (1) four times the gross floor area of all buildings of
the lot; (2) 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; or (3) where a lot is split by a zone line the minimum
lot area of the highest acre zone in which any part of the lot lies,
whichever is greater.
|
Accessory uses are permitted. The following
types of uses are considered accessory in all 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:
A.
The office of a professional person on the premises
which he owns and in which he resides.
(1)
The use does not change the residential character
of the dwelling in any visible manner, nor shall there be any external
evidence of the accessory use except a sign permitted by these Regulations.
(2)
Total floor area occupied by the accessory use
does not exceed 25% of the floor area of the dwelling excluding the
basement and the attic.
(3)
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.
(4)
There are no more than three persons employed
on the premises, no more than two of whom may reside off the premises.
B.
Nursery school.
C.
Keeping not more than two roomers or boarders by a
resident family in the dwelling, exclusive of domestic employees.
D.
Storage of not more than one boat and/or trailer bearing
current registration. Such boat and/or trailer shall be housed within
a permanent structure or kept in the rear yard or side yard.
E.
The keeping or boarding of dogs over the age of six
months not for profit as follows: Not more than three -- any lot;
not more than five -- minimum lot size of two acres; not more than
10 -- minimum lot size of four acres.
[Amended 5-16-2012, effective 6-18-2012; 8-10-2016, effective 8-22-2016]
No land, building or other structure shall be used and no other
building or other structure shall be erected, altered or added to
which is arranged, designed, intended to be or is capable of being
used except for one of the following uses, provided that the Site
Development Plan approval has been granted in accordance with Article
10 hereof, if so required:
A.
One-family dwelling: one per lot.
B.
A professional building containing less than 4,500 square feet of
gross floor area.
C.
A one-family dwelling plus the office of a professional person. (The
limitations contained in 4.07A hereof do not apply to the professional
office within such one-family dwelling.)
D.
Residential units are permitted within a professional building, provided
that the residential area does not exceed 50% of the allowed gross
floor area of each professional building. The residential dwellings
shall be located above any permitted professional use and:
E.
Personal service establishments are permitted with a professional
building, provided that the total square feet of such establishments
do not exceed 50% of the allowed gross floor area of each professional
building.
F.
Light office uses are permitted in a professional building, provided
that the total light office space does not exceed 50% of the allowed
gross floor area of each professional building.
G.
Assisted living facilities may be erected only after obtaining special exception subject to the standards, criteria, conditions and procedures which are set forth in § B70-8.04 and are subject to the following:
[Added 4-12-2017, effective 4-24-2017]
(1)
Must have public water and sewer.
(2)
Must border a major arterial road, not a secondary road.
(3)
Minimum lot area: three acres.
(5)
Parking will be provided to accommodate at a minimum one space per
six assisted living units plus one space per employee on the largest
shift, provided that there is no resident driving.
(6)
Due to the diminished parking requirements, assisted living facilities
may have lot coverage (buildings only) up to 35%.
(7)
In order to facilitate access to building entrances:
[Added 8-10-2016, effective 8-22-2016]
The following principal uses are permitted in a Professional
Zone subject to obtaining a special exception from the Commission
in accordance with the standards, criteria, conditions and procedures
which are set forth in 8.04 hereof:
A.
A professional building exceeding 4,500 square feet of gross floor
area. Lot frontage shall be equal to at least 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 professional building at one time, which shall not
be more than twice the number of spaces required under 7.05H. The
requirements of 7.09 hereof shall otherwise be met except 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
8.04, provided that the structural coverage including parking and
loading area is not required to be reduced to less than 60% of the
lot area. The wall of the office 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. All portions of the
lot in excess of 10 acres are excluded in determining maximum structural
coverage permitted.
No land, building or other structure shall be
used and no building or structure shall be erected, altered or added
to which is arranged, designed, intended to be or is capable of being
used except for one of the following uses provided the Site Development
Plan approval has been granted in accordance with Article 10 hereof,
if so required:
A.
A single or multi use Business building not exceeding
4,500 square feet.
[Amended 2-12-2014, effective 3-3-2014]
B.
A bank.
C.
A telephone exchange, electric substation or other
public utility use.
D.
A funeral parlor.
E.
A restaurant without drive through service.
F.
Governmental buildings and uses, public libraries,
public museums, but not including dumps, incinerators and other garbage
disposal areas, municipal garages, public works storage yards or commercial
type recreation facilities.
G.
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014]
H.
Publishing, including associated printing operations.
The following principal uses are permitted in
a Business Zone subject to obtaining a special exception from the
Commission in accordance with the standards, criteria, conditions
and procedures which are set forth in 8.04 hereof.
A.
Any existing filling station may be used as a combination
filling station and convenience store provided:
[Amended 5-23-2011]
(1)
Adequate parking is provided for the store in
accordance with Article 7 hereof in addition to parking provided for
the filling station.
(2)
Groceries, hot and cold sandwiches, salads and
other prepared edible food products are sold for use or consumption
only off the premises; no space is provided on the premises or in
the building for tables, counters or other facilities designed to
be used for eating and no food may be cooked; however, a microwave
oven and warming ovens, appliances and other devices may be used for
the preparation of sandwiches and heating prepared foods.
(3)
No door providing public access to the convenience
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.
(4)
No person operating the gas pumps or otherwise
servicing motor vehicles in the filling station area of the premises
shall sell or dispense any food products in the convenience store
portion of the premises, provided, however, nothing shall prohibit
a cashier from acting as the filling station cashier, as well as the
convenience store cashier.
B.
A laundromat or dry cleaning establishment.
C.
A shopping center.
(1)
The minimum area of a lot containing a shopping
center is four acres.
(2)
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.
(3)
Any other provision of these regulations notwithstanding,
sufficient parking spaces shall be provided to accommodate all persons
reasonably expected to patronize the stores, shops, etc. in the shopping
center at one time. The ratio of one space per 200 square feet of
gross floor area shall be a minimum requirement.
(4)
More than one detached building may be placed
on the lot. Building 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.
(5)
All buildings within a shopping center shall
be in harmony with each other as to architectural design and exterior
surfacing.
(6)
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014; 12-10-2014, effective 12-22-2014]
(7)
The requirements of Article 5 hereof shall otherwise
be met except that the Commission may require wider buffers, wider
side and rear yards and a deeper setback than are otherwise required
where needed to screen adequately adjacent residential zones, or meet
the standards set forth in 8.04, provided that structural coverage,
including parking and loading areas, is not required to be reduced
to less than 60% of lot area.
(8)
If the proposed shopping center has frontage
on a street, 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 setback from the street line, whichever is
greater.
D.
Office or Business building exceeding 4,500 square
feet of gross floor area. Lot frontage shall be equal to at least
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 building at any one time, provided that
in any mixed use Business building a minimum of five parking spaces
shall be provided for each 1,000 square feet of rentable space. The
requirements of 7.09 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 adjacent Residential Zones, or
to meet the standards set forth in 8.04, provided that structural
coverage including parking and loading areas is not required to be
reduced to less than 60% of lot area. The wall of the building facing
the street shall not be longer than 200 feet or twice the distance,
which it is set back from the street line, which ever is greater.
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.
[Amended 5-16-2012, effective 6-18-2012]
E.
A bed and breakfast.
F.
Multi-specialty
veterinary hospital providing, but not limited to, surgical, emergency,
medical and oncology treatment 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.
[Amended 5-23-2011]
G.
Restaurant
with outdoor service, provided that such restaurant holds a restaurant
permit in accordance with the provisions of Section 30-22 of the Connecticut
General Statutes, as amended from time to time, and provided further
that such outdoor dining area be enclosed by a wall or fence sufficient
to reasonably ensure that access thereto is accessible only through
the enclosed restaurant area.
[Added 12-10-2014, effective 12-22-2014]
The following uses are examples of uses considered
accessory to business uses and will be permitted in all business zones
so long as they remain clearly accessory to the principal use on each
lot.
A.
Outdoor electrical apparatus, the sole function of
which is to provide electrical service to the buildings on the lot.
B.
Adequately screened containers for the disposal of
refuse which are emptied periodically, at least weekly. Except as
allowed with an annual permit, storage of other machinery, equipment,
merchandise or similar items outdoors is prohibited.
[Amended 2-12-2014, effective 3-3-2014]
C.
Exterior lighting, including without limitation, lighting
for gasoline service station pumps and outdoor sales areas and storage,
where permitted, except that all such lighting shall be so arranged
that no direct rays therefrom fall off the lot on which it is located.[1]
[1]
Editor's Note: Former Subsection D, regarding outside sales,
displays, and storage, which immediately followed, was repealed 4-10-2019,
effective 4-22-2019.
No land, building or other structure shall be
used and no building or other structure shall be erected, altered
or added to which is arranged, designed, intended to be, or is capable
of being used except for the following principal uses provided the
Site Development Plan approval has been granted in accordance with
Article 10 hereof, if so required.
A.
In all Industrial Zones the following uses are permitted:
(1)
Laboratories devoted to research, design and
experimentation.
(2)
Operation of a public utility authorized to
furnish service to residents of the Town.
(3)
Buildings containing executive offices for a
single corporation or related corporations, but excluding offices
devoted to the sale of real or personal property to the general public
on the lot in question.
(4)
Printing and publishing establishments.
(5)
Light industrial uses 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.
(6)
Wholesale business.
(7)
Storage in bulk of and warehouses for such materials
as building material, clothing, cotton, drugs, dry goods, feed, food,
furniture, hardware, ice machinery, pipe, rubber, shop supplies, 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.
B.
More than one principle use may be permitted in the
same structure or building subject to the following:
(1)
Parking for each such use shall meet the requirements
of Section 7.05.
(2)
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014]
(3)
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014]
(4)
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014]
(5)
A maximum of four tenants shall be allowed.
The following uses are examples of types of
uses considered accessory and will be permitted in all industrial
zones so long as they remain clearly accessory to the principal use
on each lot:
A.
Eating facilities for the accommodation of persons
employed on the premises and for visitors but not open to the general
public.
B.
Garages to shelter vehicles owned by the person, business
or industry occupying the lot and his agents and employees.
C.
Outdoor electrical apparatus, the sole function of
which is to provide electrical service for the operations conducted
on the lot.
No use permitted in an Industrial Zone shall
be carried on in such a way as to violate any of the following performance
standards. The charts and documents referred to below establishing
the performance standards are on file with the Town Clerk of the Town
of Newtown and constitute a part of these Regulations as set forth
in full herein.
A.
Smoke, Dust or other Air Contaminant. Smoke, dust
or other air contaminant shall not be discharged into the atmosphere
for a period or periods aggregating more than three minutes in any
hour, which is dark or darker in shade than that designated as No.
2 in the Ringelman Chart, as published by the United States Bureau
of Mines, or which is of such opacity as to obscure an observer's
view to a degree equal to or greater than does smoke, designated as
No. 2 on the Ringelman Chart.
B.
Noise. No sound pressure level shall exceed the decibel
levels in the designated octave bands shown below. Sound levels shall
be measured at the lot lines within which the subject use is located,
and with a sound level meter and associated octave band filter manufactured
in accordance with the American Standards Association. Measurements
shall be made using the flat network of the sound level meter.
|
Maximum Permitted of Octave Bands of Cycles
per Second
|
Maximum Permitted Sound Pressure in Decibels
at Lot Line
| |
|---|---|---|
|
31.5
|
72
| |
|
63
|
71
| |
|
125
|
65
| |
|
250
|
57
| |
|
500
|
51
| |
|
1,000
|
45
| |
|
2,000
|
39
| |
|
4,000
|
34
| |
|
8,000
|
32
|
C.
Odors. Offensive odors noticeable off the lot but within the Industrial Zone where the use is located shall not exceed the standards established as a guide by Table III (Odor Thresholds) in Chapter 5: "Air Pollution Abatement Manual," copyrighted 1951 by the Manufacturing Chemists Association, Inc., Washington, D.C.
D.
Vibration. Vibration noticeable off the lot but within
the Industrial Zone shall not exceed the standards developed by the
U.S. Bureau of Mines, Bulletin No. 442, or any revision thereof.
The regulations concerning the area of lots,
height of buildings, yard dimensions and similar requirements for
each zone are set forth in the following charts. Unless otherwise
provided in the section by which a use of building is specifically
permitted, no building, dwelling or other structure shall be erected,
altered or added to except in conformity with the requirements of
said charts. Where the section permitting a building or use states
a requirement inconsistent with said charts, such as certain sections
permitting uses by special exception, said section shall control.
A.
No dwelling, building or other structure may exceed
35 feet in height above average ground level regardless of the number
of stories except buildings or structures used in farming not inhabited
by humans.
B.
The height limitations of these Regulations shall
not apply to the spires, towers or belfries of churches, flagpoles,
residential radio or television antennae, or electric utility transmission
towers and cables.
C.
Air conditioning units, elevator shafts and mechanical
devises used in connection with manufacturing which cannot be placed
at a height of less than 35 feet for engineering or technological
reasons may be installed above the roof line of the building within
the perimeter of the roof in an Industrial Zone provided:
(1)
Such structure is not more than 40 feet above
average ground level or the height of such structure above the roof
line is not greater than 50% of the height of the roof line, whichever
is less.
(2)
The total square foot area of all such structures
measured at their widest point shall not exceed 10% of the total square
foot roof area.
(3)
The bulk of said structures, computed using
the maximum dimensions for height and square foot area for each structure,
shall be included in computing the bulk limitation required by 5.01
of these Regulations.
D.
Municipal buildings and public schools may be erected
to a height exceeding 35 feet provided that the front, rear and side
yards shall each be increased by two feet for each one foot by which
such building exceeds 35 feet. Existing municipal buildings which,
on May 22, 1995, exceed the height limitations contained in Section
5.02 of these regulations, may be altered or enlarged, provided that
the maximum structure does not exceed the maximum elevation of the
existing structure and provided further, that any such alteration
or enlargement shall comply with all zoning and building requirement
A.
Corner lots. All yards bounding on a street shall
meet the minimum requirements for front yards whether or not said
street is presently maintained by the Town.
B.
Buildings housing horses, cattle, sheep or poultry,
whether as a principal or accessory use of the premises, shall be
located at least 100 feet from any property line.
C.
There shall be no side or rear yard required in any
Industrial Zone adjacent to a railroad right of way actually containing
track.
D.
ADA structural exemptions. Structural alterations
to single family residences including but not limited to handrails
or wheelchair ramps, which are necessary to provide access to individuals
with a physical disability shall be exempt from the applicable minimum
yard setback and maximum lot coverage requirements provided that the
proposed structure meets the following criteria:
(1)
The proposed structural alteration must comply
with applicable guidelines for the American Disabilities Act (ADA);
and
(2)
A Certificate of Occupancy has been issued for
the residence or the residence has been in existence prior to October
1, 1971. An A-2 survey shall not be required provided that the applicant
can illustrate, to the satisfaction of the Zoning Enforcement Officer,
the proposed structure is located wholly within the subject property
boundary and access will not affect adjoining property or the public
right of way.
A.
No building or structure shall be erected for business,
professional, or industrial use unless built of materials and of building
designs appropriate for a scenic, rural New England town, recognizing
architectural scale, rhythm, and proportion, avoiding monolithic building
forms the architectural appearance of which is devoid of traditional
scale, rhythm, and proportion. It is within the purpose of this section
to encourage the use of traditional materials and forms, along with
fractured facades and roof forms in order to control the scale of
the built environment and maintain, to the extent possible, the traditional
character of the Borough of Newtown.
B.
It is the intention of these Regulations that all
structures and land used to be provided with sufficient amount of
off-street parking area to meet the needs of persons employed at or
making use of such structures or land uses. No permit for the erection
of a structure or alteration of an existing structure in the excess
of $500.00 or for the development of a land use shall be issued unless
off-street parking areas shall have been laid out in the plan, in
accordance with the appropriate requirements for the structure and
uses set forth in this Section below, and approved by the Commission
as provided in Paragraph F of this Section.
C.
Structures and land uses in existence at the time
of the adoption of these Regulations shall not be subject to the requirements
set forth below, providing that any parking areas now existing to
serve such structures or uses shall not be reduced in the future except
where they exceed the requirements in which case they shall not be
reduced below these Requirements. Required parking area for any enlargement
or extension, shall, however, be provided as a condition for the issuance
of any building permit for such enlargement or extension in the future.
D.
When Business, Professional or Industrial Zones border
any Residence Zone, no building permit for the erection or alteration
of a structure in excess of $500.00 or for the development of a land
use shall be issued until a suitable landscape screen shall have been
laid out on the Plan and approved by the Commission. Whenever the
boundary between a Residence zone and a Business or Professional or
Industrial zone shall be a street, the Commission may require the
installation of a suitable landscape screen along said street line.
E.
The plans for any commercial, professional or industrial
building or structure or the alteration of existing structures for
which site development plan approval is not required by the provisions
of Article 10 but which will cost in excess of $10,000.00 shall be
submitted to the Commission for approval prior to issuing a Zoning
Permit by the Zoning Enforcement Officer. Said plan shall show specifically
the location and size of the off-street parking area and landscape
screen which may be required to comply with this Section and the means
of access to such parking area from the public street or highway.
The Commission may withhold its approval from any plan which does
not comply with the provisions of this Regulation or does not make
adequate provision for safety to traffic on the public street, safety
to pedestrians using the parking facility. Required plans shall be
drawn and sealed by a licensed architect and/or engineer and/or surveyor
and submitted in five copies.
F.
Nonconformity of any lot in an R-1 Residence Zone
with the specific requirements for plots in an R-1 Residence Zone
contained in this Section 5.04 shall not prevent the erection, enlargement,
alteration or maintenance on such lot of a building or buildings in
accordance with the provisions of these Regulations which were applicable
to such a lot immediately prior to December 14, 1963, provided:
(1)
Such lot is one which immediately prior to December
14, 1963, existed as a conforming or allowable non-conforming building
lot under the Zoning Regulations of the Borough of Newtown then in
effect.
(2)
Such lot shall not at any time on or after December
14, 1963, have adjoined other land directly owned, or indirectly,
in whole or in part, by the same owner which would have enabled such
owner to conform with the requirements of R-1 Residence Zones under
these Regulations.
G.
Nothing in the amendments to the Zoning Map, the Zoning
Boundaries and the Zoning Regulations of the Borough of Newtown, effective
December 14, 1963, shall be deemed to prevent the erection of a one-family
house on any lot of less than required size shown on a map duly filed
with the Town Clerk prior to May 1, 1956.
|
Table of Specific Requirements for Buildings
and Plots
[Amended 5-23-2011; 4-10-2019, effective 4-22-2019]
| |||||||
|---|---|---|---|---|---|---|---|
|
Farm and Resid.
|
Prof.
|
Bus.
|
Ind.
| ||||
|
Minimum lot area in acres
|
1
|
1
|
0.5
|
2
| |||
|
Minimum lot width at street line:
|
150
|
150
|
150
|
250
| |||
|
Minimum set back (front yard)
| |||||||
|
a.
|
From the street line
|
50
|
150
| ||||
|
b.
|
From the center line of street
|
75
|
N/A
| ||||
|
c.
|
The average setback of existing structures on
the same side of the street within 150 feet of the side lines of the
lot in question. (The greater of a) or b) for Farming and Residential;
greater of a) or b) or c) for Industrial
|
N/A
|
N/A
|
N/A
|
N/A
| ||
|
Minimum side and rear yards
|
25
|
25
|
25
|
50
| |||
|
Minimum side and rear yards adjacent to limited
access highways
|
N/A
|
N/A
|
N/A
|
50
| |||
|
Minimum Square (see definition 2.13.B)
|
135
|
N/A
|
N/A
|
N/A
| |||
|
Minimum usable gross floor area, single story
dwelling
|
800
|
1,500
|
N/A
|
N/A
| |||
|
Minimum gross floor area, multi-story dwelling
|
1,200
|
2,250
|
N/A
|
N/A
| |||
|
Maximum structural coverage in Percentage of
lot area:
| |||||||
|
a.
|
Buildings alone
|
(See 4.06)
|
25%
|
35%
|
25%
| ||
|
b.
|
Buildings, storage, loading, impervious surfaces,
driveways, sidewalks and parking areas
|
0
|
60%
|
70%
|
60%
| ||
|
Bulk in cubic feet of all buildings, structures
and materials stored outdoors shall not exceed the square footage
of lot area times the following number
|
N/A
|
N/A
|
N/A
|
6
| |||
|
Planted buffer (rows)
|
N/A
|
2
|
4
|
4
| |||
H.
Any
new lot created after the effective date of this regulation shall
contain an area of land at least equal to the minimum lot area in
acres for the zone in which it is located, exclusive of wetlands,
watercourses, FEMA 100-year floodplains, and natural slopes of 25%
or greater. If the lot is a rear lot, then the area of the access
strip of land intended for the driveway must also be excluded from
the calculation of the minimum lot size.
Signage should enhance and not detract from
the harmony and historic character of the Borough of Newtown while
meeting the need for adequate business identification, advertising
and visual communication. It is the responsibility of the Borough
to promote public safety, protect property values, minimize visual
clutter and enhance the physical appearance of the Borough. The intent
of these regulations is to fulfill the aforementioned responsibilities
and give due consideration to the protection and enhancement of the
Borough of Newtown's historic character.
[Amended 3-20-2012, effective 4-15-2012; 2-12-2014, effective 3-3-2014]
|
No zoning permits or site plans shall be approved
if the proposed signage is not in conformance with these sign regulations.
|
|
Directional signs shall contain no advertising.
|
|
In all zones other than Residential, signs must
be located on the same lot as the building or use to which the sign
applies, the wording on the sign shall be limited to the name, trade
name, address and profession of the person, organization, building,
business or industry using the building lot or building, words descriptive
of the items grown, produced, manufactured, sold or stored thereon
or the services rendered thereon.
|
|
If any lot lies in two or more zones, the sign
regulations for the more restrictive zone will apply to the entire
lot.
|
|
Window advertising signs are not allowed in
any zone.
|
A.
Relationship to the streets.
(1)
In all zones other than Residential, no sign
shall be located closer than 25 feet from the paved or traveled portion
of any road in any zone with the exception of names and addresses
attached to mailboxes or signs placed flush against the front wall
of a building in existence.
(2)
Signs shall not conflict with the following
corner visibility requirements. Signs shall not be so located as to
obstruct or interfere with the visibility of vehicular or pedestrian
traffic; they shall not obstruct or interfere with the view of any
traffic control sign, signal or device. The minimum required lines
of sight are:
(a)
Local residential streets and unclassified streets:
150 feet;
(b)
Minor and major collector streets: 200 feet;
(c)
Arterial streets: 250 feet.
|
Where the paved or traveled portion of such
street is widened, then any sign obstructing the new lines of sight
shall be set further back to conform to these requirements.
|
[Amended 2-12-2014, effective 3-3-2014]
Signs shall be classified by structural type
and by functional type.
A.
Structural types of signs are defined as:
(1)
Freestanding Sign: a sign placed on the ground
or supported by one or more uprights, poles or other supports placed
in or upon the ground.
(2)
Wall Sign: a sign attached to the exterior surface
of the structure and to the unit to which it pertains, or forms the
background surface of the sign and which does not project more than
12 inches from the structure.
(3)
Projecting Sign: a sign which is wholly or partly
dependent upon a building for support and which projects more than
12 inches from the building.
(4)
Portable Sign: a sign which is not permanent
and not affixed to a building, structure or the ground.
(5)
Window Sign: a sign either (a) located on a
window or (b) located within the building which can be viewed through
the window of the structure.
(6)
Hanging Sign: a sign that is suspended from the front of and
parallel to the building structure. The sign shall not extend beyond
the front of the structure.
[Added 12-9-2015, effective 12-21-2015]
B.
Functional types of signs are defined as:
(1)
Identification Sign: A roadside identification sign or a building
identification sign freestanding sign[1] located on the premises which indicates the name, address
and/or identifying symbol of a development containing a professional
office building, a residential development, an industrial park or
commercial center, a shopping center, a school park, a place of worship,
a hospital or other public or semiprivate facility.
[Amended 12-9-2015, effective 12-21-2015]
[1]
Editor's Note: So in original.
(2)
Name-Plate Sign: located at the premises which
indicates the name and occupation or profession of each occupant of
the premises.
(3)
Real Estate Sign: a sign which pertains to the
sale, lease or rental of the premises, or a portion of the premises,
on which the sign is located.
(4)
Construction Sign: a temporary sign located
on the premises on which construction is taking place during the period
of such construction which may indicate the names of the design professionals,
contractors, owners, financial supporters, sponsors and/or similar
individuals or firms having a role or interest with respect to the
structure or project.
(5)
Business/Professional Sign: a sign which directs
attention to a business or profession on the premises on which the
sign is located. Such signs shall include those of individual retail,
wholesale, industrial, commercial and professional establishments.
(6)
Production Advertising Sign: a sign that promotes
one or more products or services except as defined above.
(7)
Directional Sign: a sign limited to directional
messages for pedestrian or vehicular traffic.
(8)
Temporary Sign: a sign which is limited to a
specific period of time.
(9)
Directory Sign: a sign that provides information to an interior building/occupant.
[Amended 2-12-2014, effective 3-3-2014]
A.
Computation of Sign Area:
(1)
The area of a sign shall be computed from the
outer dimensions of the frame, trim or molding by which the sign is
enclosed. When a sign consists of freestanding letters, symbols or
characters its area shall be computed as the area of the smallest
rectangle which encloses all of the letters, symbols or characters.
(2)
When a sign consists of two or more faces, only
one face of the sign shall be used in computing the sign area if the
faces are parallel to and within 12 inches of each other. Otherwise,
all faces of the sign shall be used to compute the sign area.
(3)
When a sign consists of two or more faces, only
one face of the sign shall be used in computing the sign area if the
faces are parallel to each other and part of a single sign structure.
Otherwise, all faces of the sign shall be used to compute the sign
area.
B.
Design: The design of the sign shall not include moving
parts or a material giving the appearance of motion.
A.
Standards for wall signs:
(1)
No wall sign shall extend beyond the outer edge
of any wall of the building to which it is attached.
(2)
A wall sign shall be parallel to the wall to
which it is attached and shall not project more than 12 inches therefrom.
(3)
No wall sign shall be painted directly on any
wall.
(4)
No wall sign shall extend above the eaves of
the building to which it is attached.
B.
Standards for freestanding signs:
(1)
In residential zones, the height of any freestanding
sign shall not exceed six feet. In non-residential zones, the height
of any freestanding sign shall not exceed the height of 10 feet. The
height of the sign shall be measured from the ground to the top of
the sign.
(2)
In all zones other than Residential, no part
of any freestanding sign shall be located within 10 feet of any property
line. In Residential zones, no part of any freestanding sign shall
be located within 10 feet of any side property line.
[Amended 3-20-2012, effective 4-15-2012]
(3)
Only one freestanding sign shall be permitted
on a lot even if there is more than one building or use on that lot.
A.
When a sign is externally illuminated, the light source
shall be directed on that sign and shielded so that the beams or rays
of light do not shine or directly reflect onto the adjacent properties
or street and in harmony with the neighborhood.
B.
An externally illuminated sign located on a lot adjacent
to or across from the street from a residential zone shall not be
illuminated between the hours of 10:00 p.m. and 7:00 a.m.
C.
Illumination shall be non-animated and non-flashing.
D.
Internally illuminated signs are not permitted.
A.
Subject to these regulations, the following signs
are allowed without a permit:
(1)
Not more than one real estate sign for each
lot is allowed on which the sign is located; such sign not to be illuminated
or exceed six square feet in area in residential zones or 12 square
feet in non-residential zones.
[Amended 2-12-2014, effective 3-3-2014]
(a)
Real estate signs shall be removed 30 days after the sale, lease
or rental.
(2)
One identification sign, not to exceed nine
square feet in area, to identify a public or semi-public facility.
The identification sign for a place of worship, school, museum or
similar institution may include as part of its sign area, a bulletin
board on which messages and announcements of activities and programs
can be displayed.
(3)
Intentionally omitted.
[Amended 2-12-2014, effective 3-3-2014]
B.
Subject
to these regulations, the following signs are permitted for allowed
residential uses in a Residential Zone with a sign permit:
[Added 3-20-2012, effective 4-15-2012; 2-12-2014, effective 3-3-2014]
(1)
For non-residential uses other than governmental buildings, one freestanding
sign meeting the following requirements:
(a)
the sign shall be of the hanging-type, supported by a single post;
(b)
not larger than two square feet with the longest side not more than
three times the length of the shortest side;
(c)
signs shall be located between the side property lines of the lot
on which the referenced use is located, as extended to the center
line of the street;
(d)
no portion of such sign shall be located within 10 feet from the
edge of that portion of the street designed for motor vehicle use.
C.
Subject to these sign regulations, the following signs
are allowed with a special temporary permit:
(1)
Temporary signs including banners, pennants,
valances, flags, streamers, inflatables and A-frame signs provided
that:
(a)
a temporary permit has been issued by the Zoning
Enforcement Officer indicating the nature, size, location and tenure
of the signs;
(b)
the permit shall be valid for a period not to
exceed 10 days;
(c)
the signs shall be removed within 48 hours after
the event to which they relate;
(d)
such signs shall not be illuminated;
(e)
Temporary non-banner type signs shall not exceed
nine square feet in area to include both sides and temporary banner
signs shall not exceed 90 square feet in area; and
[Amended 2-12-2014, effective 3-3-2014]
(f)
up to four temporary sign permits may be obtained
in any one calendar year relating to a single location.
(g)
Temporary sign permits may be obtained for charitable and other
nonprofit events within the Town of Newtown, nonrecurring professional
or business events such as grand openings, going out of business,
clearance sales, seasonal promotions and events.
[Added 12-9-2015, effective 12-21-2015]
(2)
Subject to the requirements of the preceding
section, only one temporary banner or sign at a time, for public service,
non-profit purposes, in connection with an event transpiring within
the Borough or Town of Newtown, may be hung or posted over Queen Street,
between its intersection Page A6-6 with Church Hill Road and its intersection
with Glover Avenue. Permits for such banner signs may be issued by
either the Warden of the Borough or the Borough Zoning Enforcement
Officer.
[Amended 2-12-2014, effective 3-3-2014]
D.
Subject to these regulations, the following signs
are allowed in a professional zone with a permit:
[Amended 4-10-2013, effective 4-22-2013; 2-12-2014, effective 3-3-2014]
(1)
One identification sign per property not to exceed eight square feet
in area; and
(2)
One wall or hanging sign per building occupant not to exceed four
square feet in area or six feet in length and affixed to their occupied
space. The information on a wall or hanging sign, not to exceed four
square feet, may be placed on an awning, provided that a wall or hanging
sign is not placed on the building. The wall sign, hanging sign, and
signage on the awning shall be compatible with the distinctive character
and architecture of the building.
[Amended 4-10-2019, effective 4-22-2019]
(3)
For Professional zoned properties with multiple buildings, an additional
directory sign not to exceed eight square feet in area will be allowed
for each interior building. The interior directory-style sign shall
not be directly visible from a roadway.
(4)
Properties/buildings located in the Village District where all parking
is located within the rear yard or rear of building shall be entitled
to one identification sign for each accessible road frontage and two
wall signs per building occupant, one visible from the street and
the other visible from only the rear parking. Name plate signs not
to exceed two square feet in area may be used in lieu of the wall
signs in the rear of the building and must be visible only from the
rear parking.
E.
Subject to these regulations, the following signs
are allowed in a Business zone with a permit:
[Amended 2-12-2014, effective 3-3-2014]
(1)
One identification sign per property not to
exceed eight square feet in area; and either
(a)
One projecting business sign per building occupant
not to exceed eight square feet in area; or
(b)
One wall or hanging sign per building occupant not to exceed
14 square feet in area, except that the business establishments having
an excess of 50 linear feet of building frontage shall be allowed
an additional one square foot of sign area for each five linear feet
of such building frontage; provided, however, that no such business
establishment shall have a total sign area in excess of 25 square
feet. Up to four square feet of the wall or hanging sign allowance
may be placed on an awning and will be included in the total sign
allowance. The wall sign, hanging sign, and signage on the awning
shall be compatible with the distinctive character and architecture
of the building.
[Amended 12-9-2015, effective 12-21-2015; 4-10-2019, effective 4-22-2019]
(c)
For Business zoned properties with multiple
buildings, an additional directory sign not to exceed eight square
feet in area will be allowed for each interior building. The interior
directory-style sign shall not be directly visible from a roadway.
(2)
Properties located in the Village District and
where all parking is located within the rear yard, shall be entitled
to one identification sign for each accessible road frontage and two
wall business signs per building occupant, one visible from the street
and the other visible only from the rear parking. Each such sign shall
not exceed 14 square feet in area, except that business establishments
having in excess of 50 linear feet of frontage shall be allowed an
additional one square foot of sign area for each five linear feet
of such additional frontage provided, however, that no such business
establishment shall have any single sign that exceeds 25 square feet
in area.
F.
Subject to these regulations, the following signs
are allowed in an Industrial zone with a permit:
(1)
One freestanding sign not to exceed 20 square
feet in area; and
(2)
Two industrial or name plate signs, as applicable,
not to exceed four square feet in area per building occupant; and
either:
(a)
One wall industrial sign per building occupant
not to exceed 14 square feet in area, except that the business establishments
having an excess of 50 linear feet of building frontage shall be allowed
an additional one square feet of sign area for each five linear feet
of such additional frontage; provided, however, that no such industrial
establishment shall have a total sign area in excess of 25 square
feet; or
(b)
One projecting sign per building occupant not
to exceed 16 square feet in area.
(3)
For Industrial zoned properties for multiple
industries within the property, the freestanding sign area may be
increased by two square feet per industrial tenant with an industry
in that property. The total freestanding signage shall not exceed
24 square feet.
G.
For municipal buildings and municipal uses (in a residential zone), signage allowances of § B70-6.07C(1) shall apply for one freestanding sign, with a maximum of two sides, which directs attention to the governmental facility with additional sign area permitted for offices or uses and/or preexisting nonconforming uses on the premises on which the sign is located and/or specific events taking place therein or on the grounds thereof. The additional sign area shall not exceed two square feet per office, use and/or specific event. Such event signs may be changed from time to time without prior approval and are limited to events taking place and such events as are planned to occur within the 30 days next following any change in the event sign.
[1]
Editor's Note: This ordinance also repealed former § B70-6.07.1,
Signs in residential zones, added 3-20-2012, effective 4-15-2012,
which immediately followed.
I.
Village District identification and business sign.
[Added 12-9-2015, effective 12-21-2015]
(1)
Properties in the Village District other than those zoned residential
and properties zoned residential on which the principal use is not
a residence shall be entitled to one roadside identification sign
for each accessible road frontage and not more than two wall signs
per business occupant, one visible from the street and the other,
where all parking is located within the rear yard, visible only from
the rear parking area. Such wall signs may be composed of multiple
parts if building design makes such a multipart sign more consistent
with Village District goals. Each such sign, including a multipart
sign, shall not exceed the wall sign square footage specified in each
zone, except for establishments having in excess of 50 linear feet
of building frontage shall be allowed an additional one square foot
of sign area for each five linear feet of building frontage; provided,
however, that no such establishment shall have any such sign that
exceeds 25 square feet in area.
(2)
On properties located in the Village District containing shopping
centers and multicomponent business, professional and industrial developments
on which an anchor or principal building structure is set back from
the roadway at least 200 feet, such shopping center or business, professional
or industrial development may have, in lieu of a roadside identification
sign, one building identification sign located either on the face
of the building or on a roof element such as a cupola. Such shopping
center or business, professional or industrial development with three
or more discrete business buildings may have up to two building identification
signs per center or development.
(3)
Building identification signs shall be set back from the traveled
portion of the adjacent roadway at least 200 horizontal feet and be
no larger in area than 30 square feet, provided that four additional
square feet may be added for each additional 100 feet the sign is
back from the traveled portion of the adjacent roadway. Such signs
shall otherwise conform to general sign regulations contained herein.
(4)
One additional projecting sign per tenant located at the main
business entrance if the center or development has a pedestrian walkway.
The sign shall contain the business name and will not exceed two square
feet.
A.
No sign shall be constructed, erected, altered or
otherwise changed except for signs specifically allowed without a
permit as provided herein.
B.
All sign permit applications shall be signed by the
applicant and owner of the lot on which the sign will be located and
shall be accompanied by the following:
(1)
For freestanding signs: a sketch drawing to
scale of the building frontage facade, showing locations, dimensions
and area of all existing and proposed signs on the premises; and
(2)
Plans and specifications of the proposed sign,
including its dimensions, area, maximum and minimum height, proposed
message and design, materials, colors, method of construction and
illumination.
C.
Where a building or use is allowed only upon the obtaining
a special exception, all signs for such building or use shall be governed
by these regulations. All signs for such building or use shall be
part of the application for said special exception.
D.
All permits shall be issued by the Zoning Enforcement
Officer.
A.
All signs, together with their supports, braces, guys
and anchors, shall be kept in good working order and safe condition.
B.
The owner of the lot on which the sign is located
shall be directly responsible for keeping such sign, including its
illumination sources, in good working order and safe condition and
maintained in its original condition.
C.
Unsightly, damaged, deteriorated signs or signs in
danger of falling shall be returned to their original condition or
removed.
D.
With the exception of real estate and temporary signs,
all signs and their supports, braces, guys and anchors, which pertain
to a business no longer conducted on the premises where such sign
is located shall be removed by the owner of the lot on which the sign
is located within five days following cessation of the relevant activity.
[Amended 2-12-2014, effective 3-3-2014]
E.
Non-conforming signs shall be completely and totally
removed at such time as the use changes or ownership of the business
changes.
[Amended 12-10-2014,
effective 12-22-2014]
Parking facilities meeting these Regulations
shall be provided off the street right-of-way for all new buildings
erected, for all existing buildings which are enlarged to an extent
exceeding 20% of the floor area existing on (effective date of these
Regulations) and for all premises where the use is changed subsequent
to said date. Parking facilities shall be sufficient to accommodate
the motor vehicles of all occupants, employees, customers, and others
normally visiting the premises at any one time. For those buildings
where on-street parking is provided, 25% of the designated on-street
parking spaces within 500 feet of the property lot may be included
in the minimum required parking spaces for that building.
[Amended 12-10-2014,
effective 12-22-2014]
Except as noted in § B70-7.01, parking facilities shall be on the same lot with the use used to compute the requirements for the number of off-street parking spaces, except that in Professional, Business and Industrial zones, the required off-street parking facilities may be provided on a different lot, provided that (a) the nearest boundary of the paved portion of the parking facility is within 500 feet of the building lot on which the building use is being served, (b) that the right to use such off-site parking, whether the right is exclusive or shared, is secured to the primary site by long-term agreement, and (c) off-site parking is located on the same side of the street as the principal use and is connected by sidewalks or equivalent pedestrian access.
A.
Each parking space shall be capable of containing
a rectangle nine feet in width and 20 feet in length and be contiguous
to a driveway permitting access to a street.
B.
Driveways (other than driveways serving a single family
residence without an accessory use requiring parking) contiguous to
parking spaces to be used for one way travel, shall not be less than
the following widths, whether or not the parking spaces are on one
or both sides of the driveway:
C.
Driveways (other than driveways serving a single family
residence without an accessory use requiring parking) contiguous to
parking spaces to be used for two way travel shall not be less than
20 feet wide no matter what the angle of parking.
A.
No parking space shall be permitted closer than 20
feet from the street line, except for parking spaces existing at the
inception of this regulation. Parking spaces are permitted within
a setback area, provided that:
[Amended 4-10-2019, effective 4-22-2019]
(1)
The parking spaces were in existence or approved prior to the inception
of this amendment; or
(2)
The parking spaces are to the rear of the lot or building so as to
minimize the visibility from the street; and
(3)
The parking spaces are no closer than 20 feet from a street line;
and
(4)
The parking spaces are allowed only to the extent of meeting the
minimum parking requirements. Parking within the setback shall be
minimized to the maximum extent possible; and
(5)
The parking spaces abutting a residentially zoned property comply with the buffering requirements of § B70-7.09A(3) of these regulations unless § B70-7.04A(1) applies.
B.
Except for the parking required for a single family
residence without an accessory use requiring parking, all parking
spaces and areas shall have impervious, bituminous concrete or equivalent
surfacing, shall be adequately drained so that water does not collect
or stand on the surface, shall have each parking space clearly marked
and driveways shall be marked to indicate the direction of travel.
Provided, however, that approved pervious pavers may be used upon
application therefore if:
[Amended effective 5-22-2006]
(1)
The Commission finds that, if the proposed developments or any portion
thereof are within a regulated wetland area or affects a regulated
wetland area, the Inlands Wetlands Commission, after having fully
considered the purposes of Sections 22a-36 through 22a-45 of the General
Statutes and the factors contained therein, has previously found that
the proposed use of pervious pavers, and the location and extent thereof,
will have an acceptable degree of impact on the environment, provided,
however, that the Commission may, upon the affirmative vote of four
members override a finding of the Inlands Wetlands Commission under
this section, and
(2)
The Commission finds that the proposed use of such pervious pavers.
C.
Driveways (other than driveways serving a single family
residence without an accessory use requiring parking) providing access
to a parking area from a street shall be at least nine feet wide if
one way and 20 feet wide if two way, and if providing access to a
parking area of more than 10 parking spaces shall not enter a public
highway less than 75 feet from the center line of the nearest intersecting
street on the same side of the street as the driveway.
D.
The perimeter of any parking area in a Professional,
Business or Industrial zone shall be provided with a curb not less
than six inches in height appropriately backfilled with earth material.
If the parking area on a lot serving a nonconforming use in a residential
zone is paved or otherwise improved subsequent to the date of these
Regulations, said curb shall also be installed.
E.
Parking in Business and Professional zones will be
to the rear of the building away from the street line. Placement of
buildings shall not interfere with vehicular or pedestrian sight lines.
(1)
The perimeter of any parking area in a Professional,
Business or Industrial zone shall be provided with a curb not less
than six inches in height appropriately backfilled with earth material.
If the parking area on a lot serving a nonconforming use in a residential
zone is paved or otherwise improved subsequent to the date of these
Regulations, said curb shall also be installed.
(2)
For all new construction and substantial reconstruction
of buildings for non-residential uses, except those lots abutting
Main Street, curbing of driveways and on the street shall be granite
curbing, which shall have a beveled edge along the outside edge facing
the street or drive.
[Amended 12-10-2014,
effective 12-22-2014]
The number of parking spaces set forth in the
following schedule of requirements will be considered as the minimum
required for each such use to meet the standards set by 7.01 hereof,
subject to the exception provided by 7.06 below. The schedule is intended
to be representative and not inclusive, and the minimum parking required
by 7.01 hereof for permitted uses not specified herein shall be determined
by reference to the most similar use for which a requirement is given.
More parking spaces may be required where the Zoning Enforcement Officer
reasonably determines that the nature of the use is such that more
vehicles than the minimum number of spaces specified herein are probably
going to be parked in connection with such use at one time.
A.
Places of assembly with fixed seats, such as a theater,
church, auditorium, or funeral parlor - two spaces per six seats.
Where pews or benches are used as fixed seats, two spaces will be
required per nine linear feet.
B.
Places of assembly without fixed seats such as banquet
halls and club houses, including volunteer fire departments - one
space for 100 square feet of gross floor area (limited in the case
of volunteer fire departments to the area of the fire house used for
meetings or banquets) subject to the exceptions of 7.06.
C.
Bowling alleys - five per bowling lane.
D.
Intentionally omitted.
[Amended 12-10-2014,
effective 12-22-2014]
E.
Hotels or motels - one space for each bedroom, plus
one for each employee on the largest shift.
F.
Restaurant or Tavern - one space per two seats (or
per four linear feet of bench), plus one for each employee on the
largest shift.
G.
Uses permitted by 4.09A shall require parking at the
rate of one space per 200 square feet of gross floor area or part
thereof and any use permitted as an accessory use pursuant to 4.07A
wherein articles are sold on the premises shall require parking at
the rate of one space per 75 square feet of gross floor area or part
thereof (limited in the case of residences to the area of the residence
actually devoted to the accessory use permitted by 4.07A)."
H.
Professional office buildings, the portion of buildings
used for banking or publishing, and professional offices carried on
as an accessory use pursuant to 4.07A - one per 250 square feet of
gross floor area (limited in the case of residences to the areas of
the residence actually devoted to the accessory use permitted by 4.07A).
I.
All industrial uses and uses permitted by 4.09C -
one per employee on the largest shift plus one per industry or business
vehicle usually kept on the premises.
J.
Roadside stands for a sale of agricultural produce
or nursery stock - one space per linear foot measured on the longest
dimension of the stand - not less than 10.
K.
Single family residential dwellings - two spaces (which
may be provided by the use of an enclosed garage or breezeway).
L.
Dwellings carrying on an accessory use pursuant to
4.07A which is not a professional office nor any portion of which
is devoted to retail sales - dwelling requirements plus one space
for each employee not residing on the premises.
M.
Nursery school as an accessory use pursuant to 4.07B
- dwelling requirement plus one space for each employee or other supervising
parent.
N.
Where roomers or boarders are kept by a family pursuant
to 4.07C - dwelling requirement plus one space for each roomer or
boarder.
O.
Public libraries - one space for each 500 sq. feet
of gross floor area.
P.
Use of small car parking spaces.
(1)
Uses obtaining approval of a site development
plan for which the minimum number of parking spaces to be provided
determined by application of Section 7.05 is at least 50 may utilize
small car parking spaces containing a rectangle eight feet width plus
16 feet length for not more than 25% of the total number of parking
spaces provided. Uses existing on July 13, 1985 for which the minimum
number of parking spaces which should be provided by application of
Section 7.05 is at least 50 may modify their parking lots to utilize
small car parking spaces for not more than 25% of the total number
of parking spaces provided by application to and approval by the Commission.
Any application to permit small car parking spaces for existing uses
shall be accompanied by a survey plan of all parking lots and driveways
serving the existing use, drawn to scale of not less than one inch
equals 40 feet, certified by a registered land surveyor as meeting
the A-2 classification of the Connecticut Technical Council. Said
plan shall also show the information required by Subsection 7.05P.2
below and all other information and improvements described in this
Article 7. Small car parking spaces shall not be allowed unless approved
by the Commission under site development plan review or by application
to an existing use.
(2)
Small car parking spaces shall be laid out in
groups of four or more. Pavement markings shall be different from
the regular sized parking spaces and shall contain the phrase "COMPACT
VEHICLE ONLY" in letters not less than nine inches high in each small
car space. Pavement markings shall be maintained and repainted as
needed to clearly delineate the difference between small car parking
spaces and regular sized parking spaces.
[Amended 12-10-2014,
effective 12-22-2014]
Churches, theaters, banquet halls, and other
similar uses, the parking requirements for which are likely to occur
during hours other than ordinary business hours, may provide not more
than 50% of the required parking space through the use of parking
spaces provided by adjacent buildings and uses which do carry on the
major portion of their business during ordinary business hours, provided
the nearest boundary of said parking area is within 500 feet of the
church, theater, bowling alley, banquet hall or similar use and provided
further that the owner of said adjacent parking space notifies the
Zoning Enforcement Officer in writing prior to the granting of any
building permit to said church, theater, bowling alley, banquet hall
or other business that said church, theater, bowling alley, banquet
hall or other business may use said adjacent parking lot during other
than ordinary business hours. Revocation of such permission by the
owner of said adjacent parking lot shall be sufficient cause to revoke
a building permit issued in reliance on said permission, or to refuse
a Certificate of Occupancy, and if a Certificate of Occupancy has
already been issued when such permission is revoked, said church,
theater, banquet hall or other business shall immediately conform
to the requirements of 7.01 hereof or be subject to the penalty provided
by the General Statutes for the maintenance of a use in violation
of the Zoning Regulations.
A.
Vehicles for which registrations are required to be
obtained from the State of Connecticut before using the public highways,
including without limitation, cars, trucks and trailers, which do
not have a currently valid registration permitting them to travel
on the public highways, except operable motor vehicles used on farms,
shall not be parked or stored on any lot unless completely enclosed
within a building or other structure.
B.
Boats, boat trailers and unoccupied trailers having
a current registration to use the public highways may be parked or
stored (one of each) outdoors only if parked or stored in a rear or
side yard as far from the lot line as possible.
C.
Plumbers, electricians and similar artisans and tradesmen
using panel, pickup or similar trucks in their trade or business may
park said trucks on the same lot as the dwelling they occupy in any
zone provided that no more than one such truck is so parked or stored
on the lot per occupant engaged in such trade. Parking of light pickup
and panel trucks not in excess of 1.5 tons capacity used for transportation
by occupants of the lot, whether or not artisans, is also permitted.
D.
Heavy machinery and equipment generally prohibited
in Residential and Farming and in Professional zones.
[Amended 12-10-2014,
effective 12-22-2014]
(1)
Except for equipment and vehicles operated by a public authority
or public utility, and except as otherwise provided below, the presence
of any piece of construction machinery or other equipment, dump truck,
garbage truck or other heavy truck of a type not ordinarily used as
a means of transportation for people exceeding 500 pounds gross weight
("heavy equipment") is prohibited in all Farming and Residential and
Professional zones, whether or not used or owned by an occupant of
the lot. Such heavy equipment, when parked or stored in other zones,
and all operable motor vehicles used on farms which are parked or
stored outdoors, shall be screened from the street and adjacent residentially
and professionally zoned property.
(2)
Heavy equipment permitted in certain circumstances. The presence
of heavy equipment is allowed in the following circumstances; provided,
however, that the work is diligently prosecuted:
(a)
Relating to approved site plan or special exception. Heavy equipment
may be present on properties in such zones only to the extent necessary
to facilitate repairs and/or improvements to the property on which
they are present (hereinafter, "the Work"), provided that specific
provision therefor has been made in any site plan or special exception
approval.
(b)
Relating to building permits for work by independent contractors.
Any property owner or person in control of property may have heavy
equipment on Residential and Farming or on Professional zoned property
in conjunction with, and only insofar as is necessary for the completion
of the Work by an independent contractor for which a building permit
has been issued in advance, provided that any such time period shall
not exceed 45 consecutive days from the beginning to the end of the
Work period.
(c)
General permit.
[1]
Any property owner or person in control of property may have heavy
equipment having a gross weight in excess of 500 pounds on Residential
and Farming or on Professional zoned property in conjunction with,
and only insofar as is necessary for the completion of the Work, one
time for a period of not more than seven consecutive days in any three-month
period pursuant to the general permit established by this subsection.
[2]
Any property owner or person in control of property may have heavy
equipment having a gross weight of 2,000 pounds or greater on Residential
and Farming or on Professional zoned property either in conjunction
with, and only insofar as is necessary for the completion of the Work,
one time for a period of not more than 48 consecutive hours in any
three-month period pursuant to the general permit established by this
subsection.
[3]
Heavy machinery or equipment owned by or under the control of any
licensed tradesperson may be present on Residential and Farming or
on Professional zoned property belonging to others during the time
necessary to effect improvements or repairs contracted by the property
owner or occupant.
(d)
Heavy equipment permit.
[1]
Any property owner or person in control of property may have heavy
equipment on Residential and Farming or on Professional zoned property
in circumstances other than those specified above with a heavy equipment
permit. The Zoning Enforcement Officer may issue up to four heavy
equipment permits in any twelve-month period for not more than 10
days each with respect to any single property. The Zoning Enforcement
Officer shall refer all other applications to the Zoning Commission
for review and action thereon.
[2]
The applicant for any such permit shall provide the following information
and such other information as may assist the issuing authority in
determining the necessity for the presence of such equipment on the
property for the period for which the application is made:
[a]
The name of the property owner and the address of the property;
[b]
A description of the nature and extent of the Work;
[c]
The proposed beginning and ending dates of the Work;
[d]
A description of the types and number of pieces of heavy equipment
required for accomplishment of the Work;
[e]
A statement of the proposed workforce expected to be engaged
in accomplishing the Work; and
[f]
The reason, if any, why the presence of such heavy equipment
for periods in excess of those provided for generally is necessary
to the accomplishment of the Work.
[3]
Copies of such application(s) and/or permit(s) may be distributed
to the Zoning Enforcement Officer, the Building Department, the Inland
Wetlands Agency and/or other governmental agencies as deemed appropriate.
A.
Space for loading and unloading shall be provided
by all hospitals, hotels, restaurants, retail business, wholesale
business and all manufacturing and other industrial uses at the rate
of 400 square feet for each 15,000 square feet of floor area or fraction
thereof up to 30,000 square feet, and 400 square feet for each 30,000
square feet of floor area or fraction thereof in excess of 30,000
square feet. Parking spaces required by 7.01 hereof may not be used
to provide the required loading space.
B.
The required loading space shall have adequate concrete,
bituminous concrete or equivalent surfacing, and all artificial lighting
used to illuminate the loading space shall be so arranged that no
direct rays from such lighting fall off the lot containing said loading
space.
Site development in all zones shall preserve
major trees and existing landscape features wherever possible, and
provide intensive replanting of all disturbed areas to control erosion,
to moderate climatic extremes, and to preserve the rural residential
quality of the community.
A.
Landscaping: The many mature trees in the Village
District are to be maintained to the extent possible consistent with
a high quality overall design for the site.
(1)
Landscape plans are required for all applications.
Plans shall provide the following information:
(2)
Plants should be selected with consideration
of location and overall effect upon neighboring properties and streetscape.
Provide the plants common and scientific names, size of plant ball
or caliber, plant height at installation and height at maturity, form,
growth habit and expected life span, plants disease and pest resistance
and where near road or driveways, the salt resistance. Invasive plants
are not permitted. Plants listed on University of Connecticut's invasive
plants list are not permitted.
(3)
All non-residential lots abutting residentially
zoned property shall maintain an effective planted buffer of at least
50 feet in depth along the common boundary with such residentially
zoned property in accordance with Section 2.16.B, provided, however,
that in the event that any such abutting residentially zoned property
is devoted to a use that would require a special exception pursuant
to these Regulations, and a fifty-foot buffer is not reasonably necessary
to protect such special exception use from the proposed activity on
such non-residential lot, then the Commission shall have the authority
to approve a planted buffer less than 50 feet in depth. The planted
buffer requires sufficient depth and density of planted and natural
growth to form an effective buffer, and may require supplemental planting
as determined necessary by the Commission.
B.
Types of landscape treatment:
(1)
Details of the proposed planting shall be shown
on the required site plan, including location, specie, initial and
mature size, density, and spacing of all plantings and other significant
landscape features.
(2)
Various types of landscape material required
are:
(a)
Shade trees; for purpose of summer shade for
roads, parking, buildings and activity areas. Requires hardy deciduous
trees, minimum two-inch caliper 12 inches above ground, with shade
tolerant ground cover (ground cover plants, low shrubbery, grass or
mulch) in adjacent ground area.
(b)
Slope plantings: for purpose of stabilizing
cut banks and controlling erosion. Requires hardy shrubs, erosion-resistant
plants and vines, terracing, stabilized rock cuts or retaining walls
wherever slope would exceed 1.0:1.5 (vertical: horizontal), rip-rap
or stabilizing planting along created drainage channels.
(c)
Open Landscaping: for purpose of site aesthetics,
building enhancement, recreation. Requires perennial grass or ground
cover, suitable shrubs, trees or ornamental plantings, regularly maintained
for attractive appearance.
(d)
Screening: for purpose of visual concealment
of specific areas (such as parking and commercial areas). Requires
dense evergreen hedge in double offset rows, of hardy type with full
growth at ground level and at least eight feet in height. May also
require supplementary fences or masonry walls, or both, as determined
necessary by the Commission.
(e)
Natural Buffer: for purpose of interrupting
light, sound and visibility between incompatible uses through retention
of natural woods and dense undergrowth. Requires sufficient depth
and density of natural growth for effective buffer, and may require
supplemental planting as determined necessary by Commission.
C.
Required landscaped areas - minimum type required.
|
Location
|
Type
| |
|---|---|---|
|
Surrounding parking lots and non-residential
uses (including buildings, storage and all activity areas) in Residential
Zones.
|
Screening, planted buffer, or effective natural
buffer.
| |
|
Parking lot islands, and adjacent to paved parking
in all Zones.
|
Shade trees at average spacing of 30 to 40 feet
plus landscaping or natural buffer.
| |
|
Bank slopes within and adjacent to developed
areas in all Zones.
|
Slope Plantings
| |
|
Roadsides, in all non-residential zones.
|
Shade trees at average spacing of 30 to 40 feet
plus appropriate open landscaping or natural buffer.
| |
|
Adjacent to Residential Zone Boundary lines,
in all non-residential zones.
|
Screening or effective natural buffer, or planted
buffer or the combination.
| |
|
Front, side and rear yards, wherever roadways
or available for Planting, in all Zones.
|
Open landscaping, natural buffer, or visible
combination of both.
|
D.
Suitability of plantings.
(1)
Plantings chosen must be well suited to environmental
conditions, properly installed and located to serve intended purposes
(see Sections 7.09A and 7.09B).
(2)
Placement of plantings shall not interfere with
safe visibility at road intersections or exit driveways, nor cast
dense winter shadows on potentially icy roadways.
E.
Maintenance.
(1)
The owner of the site shall be responsible for
proper maintenance of all plantings and other installed landscaped
features as shown on the approved site plan, and for replacement of
such in event of its non-thriving, demise or destruction.
(2)
The Commission may require a performance bond,
to remain in effect at least three years, to assure the proper survival
or replacement of plantings and landscaping shown on the approved
site plan.
F.
Street
trees. Trees for the purpose of planting under power lines, adjacent
to public roads, and within 25 feet of buildings. Street trees must
grow no more than 30 feet at maturity, must be noninvasive and must
not be on the Connecticut Banned Plant List (UCONN). Street trees
that are selected must thrive in the following conditions:
[Added 12-10-2014, effective 12-22-2014]
(1)
Minimal amounts of water, road, deicing salts, restricted root zones,
soil compaction, high soil alkalinity to leaching from cement, low
soil fertility, poor soil structure, pollution and toxins, winds created
by clusters of buildings, radiated heat and light, and people pressure.
A.
General: The following regulations shall apply to
the provision of any outdoor illumination in connection with a use
of land, buildings and other structures within the Borough. The purpose
of this section is to enable the provision of sufficient outdoor illumination
for safety, convenience and security while minimizing sky glow, safeguarding
against discomfort glare and disability veiling glare, minimizing
the trespass of light on adjacent properties and avoiding the adverse
effects from illumination upon the use, enjoyment and value of property
and upon the appearance and beauty of the Borough.
B.
Definitions: For the purpose of these Regulations,
certain lighting terms are defined as follows.
(1)
Footcandle: A unit of illumination (light flux
on a surface); one footcandle equals one lumen of light flux distributed
evenly on one square foot of surface.
(2)
Footlambert: A unit of brightness (light seen
by the eye); one footlambert equals either one lumen of light flux
reflected by one square foot of a reflecting surface or one lumen
of light flux emitted or transmitted by one square foot of a diffusing
surface.
(3)
Luminaire: A complete lighting unit consisting
of a lamp or lamps, together with any reflectors, refractors, diffusers,
baffles or other devices to distribute the light, and with parts to
position and protect the lamps and to connect the lamps to the power
supply.
C.
Standards: Outdoor illumination that is subject to
this Section shall conform to the following standards:
(1)
Glare: All outdoor illumination shall be provided
and maintained in a manner that safeguards against discomfort glare
and disability veiling glare in any street and upon pedestrian ways
and vehicular parking, loading and circulation areas on the lot where
located and on any other lot.
(2)
Area lighting: Area lighting luminaries, whether
on poles, attached to buildings or otherwise provided, but excluding
floodlighting luminaries, shall conform to the following:
(a)
Such area lighting shall be provided by means
of full cutoff type luminaries.
(b)
Such full cutoff luminaries shall be located
or shielded so as to deliver no more than .05 footcandles of illumination
at the property line, which illumination shall be measured in both
a horizontal and vertical planes at the property line.
(c)
No area lighting luminaire shall be located
more than 14 feet above the ground.
(3)
Floodlighting: Floodlighting luminaries shall
be used only for illumination of buildings and other structures and
architectural and landscape features and shall conform to the following:
(a)
Floodlighting luminaries shall be shielded,
such as by visors, or baffles, to minimize spillage of light beyond
the outside edge of the object being illuminated.
(b)
Floodlighting luminaries shall be aimed at buildings
and away from adjacent properties.
(c)
No floodlighting illumination shall be permitted
within 200 feet of a Residential zone.
(d)
Any floodlighting illumination shall not result
in the luminance (brightness) of the illuminated object exceeding
five footlamberts.
(e)
No floodlight luminaire shall be located more
than 14 feet above the ground.
(f)
Floodlight luminaries shall be located or shielded
so as to deliver no more than 0.05 footcandles of illumination at
the property line, which illumination shall be measured in both a
horizontal and vertical planes at the property line.
D.
No lighting shall be constructed, erected altered
or otherwise changed without a permit application filed and approved.
All Lighting Permit applications shall be signed by the applicant
and owner of the lot on which the lighting will be located.
E.
Lighting other than that approved in the design guidelines
may be presented via the permit process, subject to all other Sections
of this regulation, and shall be accompanied by the following:
(1)
A sketch drawing to scale of the building facades;
(2)
A plot plan showing locations, dimensions and
types of all existing lights on the premises; and
(3)
Plans and specs for the proposed lights including
locations, dimensions, maximum and minimum height, proposed design
materials, photos of the proposed lighting fixtures, bulb types, bulb
wattage, bulb Color Rendering Index, footcandle, shielding, filters,
directional fixtures, housings, utility connections, transformers,
louvers, reflectors, lenses, staking, mirrors, caging, screening and
landscaping.
[1]
Editor's Note: Former § B70-7.11, Sidewalk requirements,
was repealed 4-10-2019, effective 4-22-2019.
[Amended effective 8-1-2005 2-6-2013 effective 2-22-2013]
A.
The provisions of this section shall not apply to
grocery establishments, to stores selling canned or bottled beer only,
to drugstores dispensing liquor on a prescription only, or to full-service
restaurants whose primary purpose is to prepare and serve meals for
consumption on the premises with an alcoholic beverage as an accompaniment
to those meals.
[Amended 12-10-2014,
effective 12-22-2014]
B.
No alcoholic beverage outlet shall be located in a store where any
door providing customer access to the store is less than 300 feet
measured in a straight line from the nearest property line of land
occupied by any school or church, provided that no existing premises
used as an alcoholic beverage outlet shall be deemed a violation of
these regulations through the subsequent erection of a school or church.
A.
A lot in any zone existing as of December 14, 1963,
having sole access to a street by means of an easement, right of way
or strip of land, and a lot having frontage only on a private road
or trail shown on a subdivision plan filed in the Newtown Town Clerk's
Office which is not valid under the Newtown Land Subdivision Regulations
effective October 2, 1967, may be used for uses permitted in the zone
and permitted buildings erected, altered or enlarged thereon provided
that said easement, right of way, strip of land, private road or trail
is at least 12 feet wide and will permit unlimited access for owners
of such lot and for all public utilities.
(1)
Lots other than those having frontage on such
a private road or trail may be so used and the permitted buildings
erected, altered or enlarged only if the lot has not been owned or
controlled by a person or persons owning or controlling any other
means of access to a street or a wider easement, right of way or strip
of land at any time subsequent to December 14, 1963. If said lot cannot
meet the area or minimum square requirements for the zone in which
it lies it may still be used provided that it has not been reduced
in area at any time subsequent to December 14, 1963, and did not and
has not since said date adjoined other improved or unimproved land
owned or controlled by the same person owning or controlling said
lot.
(2)
The same requirements set forth in Subsection
1 hereof shall apply to lots having frontage only on such private
roads or trails.
(3)
Said lots shall conform in all other respects
to the provisions of these Regulations.
B.
In establishing front, side and rear yards for any
lot without street frontage permitted in this Section 8.02, the front
yard of any such lot may be considered located on that portion of
the rear lot nearest to the street to which such lot has access or
adjacent to whichever lot line is closest to a dwelling or other building
existing or under construction on an adjacent lot.
C.
No building or other structure shall be constructed
on any lot without street frontage, except those on private roads
or trails, unless each such lot has its own driveway to the street
which is constructed with an all weather surface capable of supporting
fire apparatus or similar mobile equipment during all seasons of the
year.
D.
Where property exists in a residential zone (one acre)
capable of being divided into more lots than it has street frontage
for, said property may be subdivided, pursuant to law, into three
or more lots provided that no more than one rear lot shall be created
for every two lots with street frontage and the area of the access
strip of land may not be included in computing the area of the rear
lot.
A.
(1)
Excavations of earth materials, but not the
removal thereof from the premises, shall be permitted in any zone
when clearly incidental to the construction of buildings or structures
on the property, or the construction of ponds of 1/4 acre or less
in size. The creation or enlargement of such 1/4 acre pond, revision
of the channel or a watercourse or any other landscaping excavations
carried on by the use of bulldozers, payloaders or similar power driven
excavating machinery shall require a Zoning Permit.
(2)
Ponds in excess of 1/4 acre or the enlargement
of any existing pond to a size greater than 1/4 acre shall require
a special exception permit to be obtained. Such pond shall be for
one of the following purposes only, the criteria and standards for
which are as follows:
[Amended 12-10-2014,
effective 12-22-2014]
(a)
Fire protection. Such ponds shall provide year-round
access for fire equipment and have a dry hydrant installed which is
designed to meet the requirements of the local fire company. The storage
capacity of fire protection ponds will be sufficient to protect specifically
designated buildings and woodland areas. Design for fire protection
ponds will be required and a copy of such design showing the location,
volume and maintenance of such pond placed on file at the local fire
company. Minimum depth: eight feet.
(b)
Recreation. Must be for private nonprofit family
use (fishing, boating, swimming, etc.). Minimum depth: six feet.
(c)
Irrigation. Such ponds must be designed for
the water requirements of the crops to be irrigated, considering the
effective rainfall that can be expected during the growing season,
the application efficiency of the irrigation method used, loss due
to evaporation and seepage, and the recharge capacity of the watershed
supplying the pond. Minimum depth: six feet.
(d)
Wildlife. Minimum depth of six feet for only
1/2 the area of the pond. The remaining area should be a maximum of
three feet deep. In lieu of a pond, a wildlife marsh may be constructed
having a minimum water area of 1/2 acre and a maximum depth of three
feet.
(e)
Livestock watering. Size of pond should be related
to the number and kind of livestock to be watered and the expected
daily consumption thereof. Minimum depth: six feet.
(f)
Ornamental. Must be accessory to the use of
a lot for a permitted principal use. Minimum depth: six feet.
(3)
No pond constructed under a special exception
permit shall be a ruse for a mining operation. The maximum depth allowable
shall be the least necessary in order to carry out the purpose of
the pond.
[Amended 12-10-2014,
effective 12-22-2014]
(4)
Applications for a zoning permit or a special
exception permit, as the case may be, for a pond shall include a map
(which may be a United States Geodetic Survey) showing the watershed
area and an exact computation of the area thereof, and a computation
of the peak flow from said watershed for a ten-year or twenty-five-year
flood depending on whether it is a dug or impounded pond. No pond
shall cause the total area of all ponds in the watershed area, including
the pond to be constructed, to exceed 1/10 of the watershed area.
The sides of all ponds shall have a maximum slope of three feet horizontal
to one foot vertical. The outlet of dug ponds shall be capable of
carrying the flow of a ten-year flood, and the outlet of a pond created
by damming a stream shall be capable of carrying the flow of a twenty-five-year
flood. Said computations and applications shall be signed by a registered
professional engineer.
[Amended 12-10-2014,
effective 12-22-2014]
(5)
The Applicant for a special exception permit
need meet only the following criteria for special exceptions and permits:
§ 8.04E(1), (2), (3), (4), (5) and (6). The powers and procedures
set forth in § 8.04F, G, H and I shall be followed. If topsoil
or other earth material is to be removed from the premises pursuant
to said special exception permit, then a construction permit as set
forth in the Newtown Sand and Gravel Regulations shall be obtained
concurrently with said special exception permit. Topsoil may be removed
only in accordance with § 8.03B hereof. In addition to the
portions of § 8.04F which apply, the Commission may impose
conditions on the construction of a pond under special exception permit
to avoid stagnation and insure the continued vitality of the pond.
[Amended 12-10-2014,
effective 12-22-2014]
B.
No topsoil shall be removed from any land in the Borough
except incidental to construction of a building or other structure
for which a zoning permit is required and then only as set forth below:
(1)
The applicant for such zoning permit shall state
at the time the permit is sought that he intends to remove the topsoil
from the premises.
(2)
The area of the premises from which the topsoil
is to be excavated and an area for the stockpiling of such topsoil
during construction shall be shown on the plot plan submitted by the
applicant. No topsoil shall be stripped except from the smallest area
necessary for the construction of said building or structure and the
area of the excavation necessarily incidental thereto. All areas shown
shall be related to existing monuments or features on the lot or otherwise
with sufficient clarity so that the exact areas to be excavated and
used for stockpiling can be determined by the Zoning Enforcement Officer.
A construction permit for the removal of said topsoil must be obtained
as set forth in the Newtown Sand and Gravel Regulations concurrently
with the zoning permit or the zoning permit is void.
(3)
All topsoil excavated pursuant to the zoning
permit shall be stockpiled on the area designated therefore on the
plot plan during the course of construction and none may be removed
prior to the certification provided in Subsection 5 below.
(4)
When the Zoning Enforcement Officer inspects
for the issuance of a Certificate of Zoning Compliance pursuant to
Section 9.01C hereof, he shall inspect the premises owned or controlled
by the applicant, and determine whether or not any portion thereof,
other than rock outcroppings occurring naturally, has been stripped
of topsoil either by man or by erosion. If the Zoning Enforcement
Officer determines that portions of the applicant's premises have
been so stripped, he shall refuse to issue a Certificate of Zoning
Compliance until such time as the stockpiled topsoil has been spread
over the stripped area to a depth of at least six inches.
(5)
When the Zoning Enforcement Officer, on the
first or any subsequent inspection, determines that no area of the
applicant's premises requires a covering of topsoil as aforesaid,
then he shall clarify that the remaining stockpile of topsoil is surplus
and may be removed by the applicant. A certificate of Zoning Compliance
shall not be issued until satisfactory removal or spreading of said
stockpile has occurred, and after the issuance of such a certificate,
no further removal of topsoil from the premises shall occur.
C.
No earth materials (other than topsoil the removal of which is governed by Subsection B hereof) in excess of 100 cubic yards per year may be removed from any land in the Borough of Newtown except where clearly incidental to construction of a building or other structure for which a zoning permit is required, and then only as set forth below:
(1)
An amount equal to the volume of that portion
of any building or other structure constructed below grade level plus
100 cubic yards may be removed without submission for the detailed
plans and the making of the finding required by Subsections 2 and
3 below.
(2)
An amount in excess of the amount provided in
Subsection 1 above may be removed only if such removal is shown as
part of the site development work on the application for the zoning
permit. Where such removal is shown the applicant shall submit a topographical
map showing existing contours and finished contours at intervals of
two feet for grades less than 3% and five feet for grades of 3% and
up, together with an exact computation of the quantity to be removed
and an outline of the area to be excavated and the location where
topsoil will be stockpiled during construction.
(3)
Before issuing a zoning permit permitting excavation
and removal in excess of the amount specified in Subsection 1 above
the Zoning Enforcement Officer must find in writing that the proposed
excavation is clearly incidental to the construction of the building
or structure for which the permit is sought. In determining whether
or not such excavation is clearly incidental the Zoning Enforcement
Officer should consider factors such as the feasibility or constructing
the building or other structure at the existing contours, the percent
of lot area to be excavated, the relative value of the material to
be removed and the cost of the proposed building or structure, whether
or not the difficulty of construction at existing contours was the
result or prior acts of the applicant or his predecessors in interest,
the primary nature of the applicant's business and any additional
relevant factors affecting the lot in question. A Construction Permit
for the removal of said earth material must be obtained as set forth
in the Newtown Sand and Gravel Regulations concurrently with the zoning
permit for the zoning permit is void.
(4)
All topsoil stripped from the excavation area shall be stockpiled on the area designated therefore on the map submitted and all of it shall be respread on the excavated area prior to issuance of a Certificate of Zoning Compliance unless its removal was specifically permitted and is carried out in accordance with Subsection B above.
The following regulations govern the granting
of any special exception permit by the Commission.
A.
The Board shall require an application on a form which
it prescribes which shall be submitted to the Commission at least
15 days prior to its regular monthly meeting. Said application shall
contain a written statement of the proposed use, appropriate information
concerning the applicant and his interest in the property for which
the special exception is being sought, and the names and addresses
of owners of property which may be affected by the granting of the
special exception and in any event, the owners of property lying within
1,000 feet of the boundaries of the parcel for which the special exception
is being sought.
B.
In addition four copies of a site plan shall be submitted
with the application. Said plan shall be drawn to a scale of not less
than 40 feet to the inch and shall meet the A-2 classification of
the Connecticut Technical Council. Said plan shall show the following
information, which may be submitted in several documents or maps provided
that each document or map is submitted in quadruplicate:
(1)
The perimeter of the lot and an outline of those
areas of the lot to be devoted to the use for which the special exception
is being sought with the areas of each computed.
(2)
Existing contours at not more than five-foot
intervals.
(3)
Proposed contours at not more than five-foot
intervals.
(4)
Location of all existing buildings, wells, sewage
disposal facilities, utility installations, drainage facilities, ponds,
swamps, watercourses, rock outcroppings and existing wooded areas
on the site for which the special exceptions are being sought, location
of all proposed structures, signs, loading areas, parking areas including
stalls and curbing, all planting, landscaping and buffer areas, proposed
water supply and sewage disposal systems, all storm drainage structures
and facilities, and all gas, electric and other utility installations.
Gross floor area of all buildings to remain or to be built on the
lot shall be shown.
C.
four copies of a general location map showing the
surrounding property within 500 feet of the area proposed for a special
exception, including all existing structures, wells, sewage disposal
facilities, roads, storm drainage systems, ponds, swamps, watercourses,
rock outcroppings, wooded areas, names of contiguous property owners
and contours at not less than ten-foot intervals. This map need not
be drawn to scale, provided that the scale is not varied in any way
which misleads the viewer, and all the required information is shown.
D.
Architectural rendering of all proposed buildings,
structures or signs, together with a description of the nature of
the exterior surfaces and all exterior features such as, but not limited
to, doors, windows, fire escapes, signs and lighting.
E.
The following standards and criteria shall be met
by all uses which are permitted only be special exception or permit,
in addition to those standards and criteria which are otherwise set
forth in these Regulations. No special exception shall be granted
by the Zoning Commission unless it finds that all these standards
have been or will be met. Approval without such findings shall be
null and void and the Zoning Enforcement Officer shall not issue a
Zoning Permit or Certificate of Zoning Compliance in such a case.
(1)
The proposed use shall be in harmony with the
general character of the neighborhood.
(2)
The proposed use shall not be inconsistent with
the intent and purpose of these regulations.
(3)
The proposed use shall not substantially impair
property values in the neighborhood.
(4)
The proposed use shall not create a traffic
hazard on existing streets.
(5)
The proposed use shall not create a health hazard
to persons on or off the lot on which the use is proposed.
(6)
All applicable sections of these Regulations
and all other applicable Town and State laws, ordinances, regulations
or codes, including without limitation, the Town Sanitary Code, Town
Sand and Gravel Regulations and State Health Code, shall be complied
with. It shall be the duty of the applicant to list on his application
the various sections of the Town and State laws, ordinances, regulations
and codes which govern his proposed use and buildings.
(7)
The architectural design of the proposed building
shall be in harmony with the design of other buildings on the lot
and within 1,000 feet of the perimeter of the lot for which the special
exception is sought.
(8)
Construction proposed on the site shall be carried
out so as to utilize the site in a manner which results in the least
defacement of the natural features thereon, such as trees, rock outcroppings,
etc.
(9)
The lot shall contain the minimum area required
for the special exception use.
F.
(1)
In granting any special exception the Commission may impose conditions on the buildings and structures proposed to be built and on the use of the property, including without limitation, increasing the minimum yard, parking and landscape requirements otherwise applicable, as are necessary to preserve the general character of the neighborhood, to protect the public health, safety and convenience of the persons and properties affected by said special exception, to stabilize and improve property values in the neighborhood, and to meet the standards set forth in Subsection E hereof.
[Amended 4-10-2019, effective 4-22-2019]
(2)
When any special exception granted by the Commission
is utilized, the use, buildings and other structures shall comply
in all respects with the application, site plan and architectural
plan as finally approved, as well as the conditions imposed by the
Commission under this said Section.
(3)
The applicant shall notify the Commission of
any proposed change to the special exception and shall obtain the
approval of the Commission of any change to such approval prior to
the implementation thereof. The Commission may approve non-substantial
modifications of a previously approved Special Exception without a
public hearing and without special notices otherwise required. Prior
to the issuance of any Certificate of Occupancy, the applicant shall
submit to the Commission a certification by each of the applicant's
engineers and architects that there are no variances or deviations
from the approved special exception. The certification required by
this section shall be deemed to be of the essence of a Certificate
of Occupancy issued in reliance thereon.
[Amended 5-16-2012, effective 6-18-2012]
G.
The Commission shall hold a public hearing on each
application for a special exception, the date, time, place and purpose
of which shall be warned in the same manner as an amendment to these
Regulations. The applicant shall be required to pay an application
fee pursuant to Section 9.07.
H.
If the owners of 20% or more in area of all land (other
than streets) lying outside of but within 500 feet of each boundary
line of the property proposed for a special exception objected to
the proposed special exception in writing prior to Commission action,
then the Commission may grant said special exception only upon the
affirmative vote of at least four members of the Commission (including
alternates designated to sit for absent members).
I.
Any special exception granted by the Zoning Commission
shall cease to be effective two years after the date of approval.
J.
Any party aggrieved by the decision of the Zoning
Commission on any application for a special exception may appeal said
decision of the Board of Appeals within 15 days of the effective date
of said decision.
A.
Any building, structure or use of land, either principal
or accessory, lawfully existing at the time of adoption of these Regulations,
or any amendments thereto, may be continued although such building,
structure or use does not conform with the provisions of these Regulations.
B.
Once a nonconforming use has been abandoned, neither
it nor any other nonconforming use shall thereafter be reestablished.
The discontinuance of a nonconforming use and the replacement thereof
by a conforming use, for any period of time, no matter how short,
shall constitute abandonment of the nonconforming use. Such replacement
by a conforming use shall occur when that portion of the lot or building
formerly devoted to a nonconforming use is issued for a conforming
use. When a nonconforming use has not been actively conducted for
a period of one year for whatever reason except the reconstruction
of a building or structure in which it was conducted because of casualty
loss, then it shall be presumed abandoned and a Zoning Permit will
be necessary before any use is made of said premises. If the owner
of said premises desires to resume said presumptively abandoned nonconforming
use, he may apply to the Zoning Board of Appeals which shall conduct
a hearing and determine whether or not said nonconforming use was
abandoned. The burden of proof shall be upon the applicant to show
that the use was not in fact abandoned.
C.
No lot on which a nonconforming use has been conducted
shall be used for any other use which does not conform to the requirement
of these Regulations whether or not such new use would be more or
less detrimental to the neighborhood than the nonconforming use already
existing.
D.
When a building in which a nonconforming use is conducted,
or which is itself nonconforming as to size, coverage, or location
on the lot, is damaged or destroyed by fire, explosion, act of God
or catastrophe not brought about by or on behalf of the owner, lessee
or other person in possession and control of said nonconforming building,
it may be restored or reconstructed and used for said nonconforming
use provided that: 1. the restored or reconstructed building covers
no greater area, has no greater cubic content, and is at least as
conforming as to location on the lot as was the building damaged or
destroyed and 2. in case of destruction of the building, a Class A-2
survey is filed with the Clerk of the Borough of Newtown, depicting
its location on the lot, such survey to be filed at or before the
time an application to demolish the building is filed. The foregoing
notwithstanding, any such nonconformity shall be lost unless restoration
or reconstruction, as the case may be, is substantially started within
the later of two years from the date public sewers are available according
to the plan adopted by the WPCA as of the effective date of this revision
or one year from the original damage or destruction or unless the
building is demolished and a Class A-2 survey is filed with the Clerk
of the Borough as stated above.
E.
No nonconforming use may be extended to any property
not owned by the owner of the nonconforming use on the date on which
it became nonconforming by virtue of these Regulations. No building
in which a nonconforming use is conducted may be enlarged either in
area or cubic content. Such a building may be otherwise altered, improved
or rebuilt.
F.
Any building in which a conforming use is conducted
and which has been made nonconforming as to front, side or rear yard
dimensions, height or minimum size of dwelling by virtue of these
Regulations or the amendments thereto may be enlarged, altered or
maintained notwithstanding any such nonconformity, provided that the
enlargement or alteration of said building shall not increase the
degree of such nonconformity, that said building shall comply with
all other provisions of these Regulations for the zone in which it
lies, and that the lot on which it is located has not, at any time
after said building became nonconforming, been reduced in size so
as to increase such nonconformity.
G.
Nonconformity of any improved or unimproved lot with
the provisions of these Regulations concerning minimum lot area, minimum
width at the front line or minimum square shall not prevent the erection,
enlargement, alteration or maintenance on such lot of a building or
buildings which, as so erected, enlarged, altered or maintained shall
comply with all of the other provisions of these Regulations for the
zone in which it lies, if such lot was in existence on December 14,
1963, and if it was not at any time thereafter reduced in area and
did not adjoin another improved or unimproved lot or lots owned or
controlled by the person or persons owning or controlling the lot
in question on said date or at any time thereafter.
H.
Nonconformity of any lot as to minimum lot area, minimum
width at the front lot line, minimum square, or ratio of rear to front
lots, in a subdivision approved by the Commission (or the Newtown
Planning Commission) prior to (effective date) shall not prevent the
construction of a building thereon by a person who is not required
to seek reapproval of said subdivision pursuant to 2.17 of the Newtown
Land Subdivision Regulations.
|
Access to any industrial zone may be had through
any Business or any other Industrial Zone, but the area of the lot
through which access is obtained shall not be included in computing
minimum lot area or frontage. Access to Business and Industrial Zones
is not allowed through Residential or Professional Zones except by
special exception.
|
A.
The Commission shall designate one or more Zoning
Enforcement Officers one of whom shall serve as the Chief Officer
and all other Zoning Enforcement Officers shall serve under his direction.
Said Zoning Enforcement Officer shall administer and enforce these
Regulations and shall implement and enforce the decisions of the Zoning
Board of Appeals. Said Zoning Officers shall issue Zoning Permits
as hereinafter set forth, make the inspections required in the administration
and enforcement of these Regulations and the decisions of the Zoning
Board of Appeals, issue or deny Certificates of Zoning Compliance
as set forth herein, issue orders to cease and desist from the violations
of these Regulations and are hereby authorized to inspect any lot,
premises, building or use, whether public or private, where said Zoning
Enforcement Officers have reason to believe it is or is about to be
in violation of these Regulations. Said Zoning Enforcement Officers
shall institute civil actions in accordance with the General Statutes
to prevent or abate violations of these Regulations and, if authorized,
shall arrest, or they may seek warrants for the arrest and conviction
of any owner, lessee or agent of such owner or lessee, of any building,
premises or part thereof in which a violation of these Regulations
has been committed or is being committed or the agent, architect,
builder, contractor or any other person who commits, takes part or
assists in any such violation. In addition, said Zoning Enforcement
Officers shall issue orders to discontinue such violations and, if
violations are not discontinued within 10 days of such order, shall
institute civil actions to recover the civil penalties provided by
Statute. Where reference is made in these Regulations to "Zoning Enforcement
Officer" in the singular shall be deemed to be a reference to any
and all Zoning Enforcement Officers who have been appointed hereunder.
B.
Zoning permits.
(1)
Before any land, building or other structure
is devoted to a new or changed use, whether or not the owner believes
such new or changed use is conforming to these Regulations, or before
the erection, enlargement or structural alteration of any structure
is commenced, a Zoning Permit shall be obtained from a Zoning Enforcement
Officer. The application for such zoning permit shall be accompanied
by a plot plan and the Zoning Enforcement Officer may request from
the applicant in writing sufficient information so that the Zoning
Enforcement Officer may determine that the proposed building, structure
or use complies with the provisions of these Regulations in all respects
or Site Development Plan approval may be obtained in accordance with
Article 10 hereof, if so required. Except for single family uses,
no change in occupancy, use or mix within any building shall be made
without prior review and approval by the Borough Sanitarian and Zoning
Enforcement Officer.
(2)
No Zoning Permit shall be issued until the permits
required by the Newtown Sanitary Code as to wells and sewage disposal
systems, and the driveway permit required by the Town Road Ordinance
have been obtained by the applicant, if applicable to the use, building
or structure proposed. No such Zoning Permit shall be issued unless
the Zoning Enforcement Officer has certified in writing that the proposed
building or use complies with all the provisions of these Regulations
and all conditions which have been imposed by the Commission or Board
of Appeals, where applicable. No building or permit should be issued
until the Zoning Permit has been issued.
(3)
Upon completion of the foundation of any building
or structure for which the Zoning or Building permits have been issued,
and before proceeding any further with the construction of said building
or structure, a certified survey by a licensed professional engineer
or land surveyor meeting the requirements of the A-2 class survey
of the Connecticut Technical Council shall be filed by the holder
of the Building and Zoning Permits with the Zoning Enforcement Officer.
Such survey shall show such foundation and any existing or proposed
well, septic tank and fields and indicate the distances therefrom
to the street line, the side and rear lot lines of the lot on which
the building or structure is situated and the distances to the well
and septic tank and fields.
(4)
Any Zoning Permit issued hereunder shall cease
to be effective six months after the date of issuance (or after the
date on which it is finally determined to be valid if challenged by
appeal to the Zoning Board of Appeals or the courts) unless the use
for which the permit is sought is being actively conducted on the
lot or unless work has been commenced and is being diligently pursued
on the building or other structure for which the Zoning Permit was
sought.
(5)
Applications for Zoning Permits shall be accompanied
by a fee to be computed as follows:
C.
Certificate of zoning compliance. No lot or building
shall be occupied or used in whole or in part for any purpose until
a Certificate of Zoning Compliance shall have been issued by the Zoning
Enforcement Officer stating that the lot, building or structure complies
with all the provisions of these Regulations. The building or the
structure is complete and ready for occupancy or use, the applicant
shall notify the Zoning Enforcement Officer who shall, within 30 days
from the receipt of such notice, inspect the lot, building or structure
and issue a Certificate of Zoning Compliance of such lot, building
or structure comply with all of the provisions of these Regulations,
and any special conditions imposed by the Commission or the Zoning
Board of Appeals. Prior to issuing a Certificate of Zoning Compliance
the Zoning Enforcement Officer may require further written statements
from the owner, his agent or any person who is to occupy the premises
concerning any information he deems necessary in order to determine
whether or not the provisions of these Regulations are being and will
be met. Where a portion of a building or structure is ready for occupancy
or use the Zoning Enforcement Officer may issue a Certificate of Zoning
Compliance as to that part only and no other portion of said building
or structure may be used or occupied until a subsequent Certificate(s)
of Zoning Compliance is/are obtained therefore.
The violation by any person seeking a Zoning
Permit or Certificate of Zoning Compliance of the provisions of the
Newtown Sanitary Code, the Newtown Road Ordinance, the Land Subdivision
Regulations, the Newtown Sand and Gravel Regulations or any other
regulations within the "police power," so-called, subsequently adopted
by the Town of Newtown acting through its legislative body or its
boards or commissions, shall constitute a violation of these Regulations
and, while said violation is continuing, shall be sufficient cause
to refuse to issue or revoke said Zoning Permit or to refuse to issue
said Certificate of Zoning Compliance.
The Zoning Board of Appeals of the Borough shall
have the powers of the State of Connecticut and these Regulations.
In exercising its power to vary these Regulations it may do so in
the case of an exceptionally irregular, narrow, shallow, or steep
lot or other exceptional physical conditions as a result of which
strict application would result in exceptional difficulty or unusual
hardship that would deprive the owner of the reasonable use of the
land or building involved, but in no other case. No variance in the
strict application of any provisions of these Regulations shall be
granted by the Board of Appeals unless it finds:
A.
That there are special circumstances or conditions
fully described in the findings of the Board, applying to the land
or buildings for which the variance is sought, which circumstances
or conditions are peculiar to such land or building, and do not apply
generally to land or buildings in the neighborhood, and have not resulted
from any act subsequent to the adoption of these Regulations, whether
in violation of the provisions hereof or not.
B.
That, for reasons fully set forth in the findings
of the Board, the aforesaid circumstances or conditions are such that
the strict application of the provisions of this ordinance would deprive
the applicant of the reasonable use of such land or building and the
granting of the variance is necessary for the reasonable use of the
land or building, and that the variance as granted by the Board is
the minimum variance that will accomplish this purpose.
C.
That the granting of the variance will be in harmony
with the purposes and intent of these Regulations, and will not be
injurious to the neighborhood or otherwise detrimental to the public
welfare.
A.
These Regulations may be amended, added to or repealed
and the boundaries of the zones shown on the Zoning Map may be established,
altered or eliminated in accordance with the procedures established
by the General Statutes either on the initiative of the Commission
or upon receipt of a written application for such a change.
B.
Any application for an amendment, change, addition
or repeal of these Regulations or the establishment, alteration or
elimination of the boundaries on the Zoning Map shall be filed first
with the Zoning Enforcement Officer at least 15 days prior to the
regular monthly meeting of the Commission. Said application shall
be accompanied by a fee in accordance with Section 9.07. The cost
of publication shall be borne by the Applicant.
C.
Any such application shall make specific reference
amendment or change to the portion of these Regulations to be amended,
changed, added to or repealed and shall contain the text of the proposed
amendment or change.
D.
Any application to establish, alter or eliminate a
zoning boundary or zone set forth on the Zoning Map shall be accompanied
by a Class A-2 or B-100 map by a registered land surveyor drawn to
scale showing the exact area for which such change is being sought
and delineating any proposed new zoning boundaries with reference
to existing monuments, natural features or otherwise so that all persons
affected can know the area for which the change is sought. Such an
application shall include the name of all property owners within the
area for which the change is sought and within the number of feet
of the perimeter thereof established by the General Statutes, presently
500 feet, within which area a protest may be filed according to such
statute. Said application shall also contain a sufficient description
of the property which may be used by the Commission in publishing
the notice of hearing on said change.
If any Section, Subsection, clause, phrase,
or any provision of these Regulations is, for any reason, finally
adjudicated to be invalid or unconstitutional by a court of competent
jurisdiction, such portion shall be deemed a separate, distinct and
independent provision, and such adjudication shall not affect the
validity of the remaining portion hereof.
The procedure and penalties for violations of
these Regulations shall be as set forth in Section 8-12 of the General
Statutes, as from time to time amended.
Please note that the Commission may determine that it is reasonably
necessary to engage the services of an outside consultant or consultants
to assist with evaluating any application submitted pursuant to these
regulations or in inspecting or verifying improvements made or being
made pursuant thereto. In that event, the fees and costs incurred
by the Commission with respect thereto shall be assessed as additional
fees in relation to any such application. Such additional fees shall
be paid regardless of the outcome of the application and, in any event,
prior to and as a condition of the issuance of any certificate of
approval or permit issued in consequence of said application.
The following fees shall be submitted with,
and as a part of, applications and petitions for:
|
Zoning
| ||
|---|---|---|
|
Amendments
|
$300.00
| |
|
Change of zone
|
$300.00
| |
|
Site development plans
|
$150.00
| |
|
Special exceptions/special permits (cost of
transcript extra, if required)
|
$300.00
| |
|
Temporary retail sales
| ||
|
Fee
|
$200.00
| |
|
Security deposit
|
$500.00
| |
|
Roadside stands
| ||
|
Fee
|
$25.00
| |
|
Security deposit
|
$50.00
| |
|
Tag sales, auction sales
| ||
|
Fee
|
$10.00
| |
|
Security deposit
|
$25.00
| |
|
Circus, carnival (entertainment)
| ||
|
Fee
|
$25.00
| |
|
Security deposit
|
$50.00
| |
|
Zoning permits (see Section 9.01.b.5.)
|
$12 per 100 sq. ft.
| |
|
Sand and gravel
| ||
|
Construction permits
|
$100.00
| |
|
Mining permits
|
$500.00
| |
|
Village district
| ||
|
Basic fee
|
$150.00
| |
|
Plus cost of architectural review
| ||
|
Zoning regulations (plus $5 postage if required)
|
$25.00
| |
|
Zoning map (plus $3.50 postage if required)
|
$15.00
| |
|
Special meetings
| ||
|
For any special meeting requested by applicant
or petitioner, and any special meeting required regarding any application
or petition (plus cost of publication, if required)
|
$150.00
| |
|
For any application not listed above that requires a hearing
|
$100.00
| |
A.
Purpose. The Site Development Plan approval process
is hereby established by the Zoning Commission in an effort to aid
in the upgrading of future development of the Borough of Newtown;
in an effort to encourage the appropriate development in the use of
land and buildings; and in an effort to diminish detrimental effects
on neighborhood characteristics and property values.
B.
Site Development Plan approval is required for any
development involving the erection of any new structure greater than
1,500 square feet in area and/or the reconstruction, enlargement,
extension or structural alterations of existing structures which would
result in an increase in the gross floor area of greater than 1,500
square feet. Excepted from this requirement are the lawful construction,
alteration and occupancy of single family dwellings and uses accessory
thereto.
C.
The Commission shall require an application on a form
which it prescribes. Said application shall contain a written statement
of the proposed use, appropriate information concerning the applicant
and his interests in the property for which Site Development Plan
approval is being sought.
D.
In addition, the following information shown either
on a Site Development Plan, supplemental plans drawn to a scale of
not less than one inch equals 40 feet (except where otherwise specified),
said plan not to exceed 25 inches by 37 inches, reports or documents:
(1)
Name and address of owner and of developer,
if different.
(2)
Scale, north arrow, date, and zone classification.
(3)
Signature and seal of a professional engineer,
and/or surveyor, and/or architect, where applicable, licensed to practice
in Connecticut.
(4)
Names of all abutting property owners. All zone
or municipal boundaries within 1,000 feet of the property.
(5)
Perimeter of property involved together with
total property area.
(6)
A map showing the proposed area of construction
at a scale of not less than one inch equals 20 feet.
(7)
All proposed improvements to the property, including
paved parking areas, walks, landscaping, building setback dimensions,
wells or water supply, septic systems (including 100% reserve area),
drainage with invert elevations at basins, and pipe size, utilities,
signs, (size, type and location), outdoor lighting, erosion control
and curbing (with all radii shown).
(8)
The location of each proposed septic system,
detailed design computations for septic systems including type of
sewage, equipment data sources and layout of system and the location
and results of each deep test hole and percolation test and/or approval
from WPCA.
(9)
Preliminary building plans including schematic
floor plans, exterior elevations and perspective drawings.
(10)
Existing and proposed contours at intervals
not to exceed five feet, smaller intervals may be necessary to show
characteristics of that terrain. Proposed spot elevations at strategic
locations.
(11)
The volume of earth to be removed from the site
or to be filled into the site.
(12)
All existing topographical features on and within
50 feet of the property, structures, paved areas, foliage limits,
wetlands, watercourses, underground utilities, septic systems, wells,
isolated trees, stone walls, driveways, paths, ledge outcroppings
or boulders, easements and building setback lines.
(13)
Proposed open space such as parks, lawn areas
and recreation facilities and such proposed covenants, easements and
other provisions relating to dimensions, location and density of such
buildings and public facilities as are necessary for the welfare and
maintenance of the development and are not inconsistent with the best
interests of the Borough.
(14)
The percentage of building coverage and lot
coverage.
[Amended 4-10-2019, effective 4-22-2019]
(15)
Location and dimensions of loading, storage,
refuse collection, exterior machinery and equipment, and parking areas
including the location, dimensions and number of vehicle spaces and
traffic islands.
(16)
Proposed vehicular and pedestrian circulation
patterns including location and dimensions of private and public streets
and common drives.
(17)
Field measurements of sight distances in both
directions from each access to Town and State Roads.
(18)
A traffic survey of the area or any other information
which the Commission may reasonably require or the applicant may wish
to submit.
(19)
If filed with a Village District application, a block face drawing
in accordance § B70-12F5, Streetscapes.
[Added 4-10-2019, effective 4-22-2019]
E.
In addition, the Commission shall receive the following:
[Amended 4-10-2019, effective 4-22-2019]
(1)
A statement from the Fire Marshal on firefighting
feasibility of the proposed development, recommendations and/or approval.
(2)
An inland/wetlands license from the Conservation
Commission, if required.
(3)
A statement from the Borough Engineer detailing
recommendations and/or approval.
(4)
Approvals from the Water/Sewer Authority and Aquarion if required
by the Commission and normally obtained as a stipulation detailed
in the Commission's approval of the application.
(5)
A statement from the Police Department detailing recommendations
and/or approval.
(6)
A statement from the Conservation Director detailing comments, recommendations
and/or approval.
(7)
A statement from the Health Department on the water and wastewater
disposal needs of the development, recommendations and/or approval.
(8)
A statement from the Planning Commission that the application is
in accordance with the Town of Newtown Plan of Conservation and Development.
(9)
A report from the Village District's consultant per § B70-12.05A if required.
F.
No Site Development Plan shall be approved by the
Commission unless it finds that the following standards and criteria
have been or will be met:
(1)
The architectural design and renderings of buildings,
including among other elements, the building material, roofline and
building elevations, shall be of such character as to harmonize with
the neighborhood, and to protect property values in the neighborhood.
(2)
All details of the Site Development Plan are
designed and arranged so as not to create a health or safety hazard
to persons or property on or off the road on which the development
is planned.
(3)
All details of the Site Development Plan are
planned to conserve as much of the natural terrain and vegetation
as possible.
(4)
All details of the Site Development Plan are
planned to minimize excessive light and noise.
(5)
All details of the Site Development Plan are
in keeping with the general intent and spirit of the Borough Zoning
Regulations.
(6)
Utilities and drainage have been so laid out
so as not to unduly burden the capacity of such facilities.
(7)
The streets and drives will be suitable and
adequate to carry anticipated traffic within the site.
(8)
All applicable sections of these Regulations
and all other applicable Borough, Town or State Laws, ordinances,
regulations, or codes shall be complied with.
G.
The Commission may at its discretion hold a public
hearing on any proposed development requiring a Site Development Plan.
Said public hearing shall be heard within 65 days of the submission
of a complete Site Development Plan.
H.
Notice of such public hearing shall be warned in the
same manner as an amendment to these Regulations.
I.
Minor changes in an approved Site Development Plan
may, with the written approval of the Zoning Enforcement Officer,
be made, provided such changes shall in no way affect the overall
layout, design, density, impact or nature of the Site Development
Plan. Such minor changes may include, but are not limited to, the
locations of catchbasins, manholes and other technical aspects of
drainage, slight alterations of the location of roads, structures
or buildings due to unforeseen topographical or geological features,
slight alterations of finished contours, minor rearranging of lighting
standards. If the Zoning Enforcement Officer shall have any question
as to whether such a proposed change is minor, such change shall require
the review and written approval of the Commission.
J.
The applicant shall notify the Commission of any proposed
change to the approved site plan and shall obtain the approval of
the Commission of any change to such approval prior to implementation
thereof. Prior to the issuance of any Certificate of Occupancy, the
applicant shall submit to the Commission a certification by each of
the applicant's engineers and architects that there are no variances
or deviations from the approved site development plan. The certification
required by this section shall be deemed to be of the essence of a
Certificate of Occupancy issued in reliance thereon.
K.
Any site plan approval granted by the Zoning Commission
shall cease to be effective two years after the date of issuance.
These Regulations may be cited as "Erosion and
Sediment Control Regulations of the Borough of Newtown, Connecticut,"
and are adopted for the purpose of conforming with and adhering to
the requirements and public policy as set forth in Public Act 83-388.
A.
"Certification" means a signed, written approval by
the Commission, that a soil erosion and sediment control plan complies
with the applicable requirements of these Regulations.
B.
"Commission" means the Borough Zoning Commission.
C.
"Conservation Director" means the Conservation Official
of the Borough of Newtown.
D.
"County Soil and Water Conservation District" means
the Fairfield County Soil and Water Conservation District established
under Subsection 2 of Section 22a-315 of the General Statutes.
E.
"Development" means any construction or grading activities
to improved or unimproved real estate.
F.
"Disturbed area" means any area where the ground cover
is destroyed or removed leaving the land subject to accelerated erosion.
G.
"Erosion" means the detachment and movement of soil
or rock fragments by water, wind, ice, gravity machinery or manmade
activity, etc.
H.
"Grading" means 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.
I.
"Inspection" means the periodic review of sediment
and erosion control measures shown on the certified plan.
J.
"Sediment" means solid material, either mineral or
organic, that is in suspension, is transported, or has moved from
its site of origin by erosion.
K.
"Soil" means any unconsolidated mineral or organic
material of any origin.
L.
"Soil Erosion and Sediment Control Plan" means a scheme
that minimizes soil erosion and sedimentation resulting from development
and including, but not limited to, a map and narrative.
A soil erosion and sediment control plan shall
be submitted with any application for development when the disturbed
area of such development is cumulatively more than 1/2 acre.
A single family dwelling that is not part of
a subdivision of land shall be exempt from these Regulations.
A.
To be eligible for certification, a soil erosion and
sediment control plan shall contain proper provisions to adequately
control accelerated erosion and sedimentation and reduce the danger
from storm water runoff on the proposed site based on the best available
technology. Such principles, methods, practices necessary for certification
are found in the Connecticut Guidelines for Soil Erosion and Sediment
Control, as amended. Alternative principles, methods and practices
may be used with prior approval of the Commission or the Conservation
Director, its designated agent.
B.
Said plan shall contain, but not be limited to:
(1)
A narrative describing:
(a)
The development.
(b)
The schedule for grading and construction activities
including:
(c)
The design criteria for proposed soil erosion
and sediment control measures and storm water management facilities.
(d)
The construction details for proposed soil erosion
and sediment control measures and storm water management facilities.
(e)
The installation and/or application procedures
for proposed soil erosion and sediment control measures and storm
water management facilities.
(f)
The operation and maintenance program for proposed
soil erosion and sediment control measures and storm water management
facilities.
(2)
A site plan map at a sufficient scale to show:
(a)
The location of the proposed development and
adjacent properties.
(b)
The existing and proposed topography including
soil types, wetlands, watercourses and water bodies.
(c)
The existing structures on the project site,
if any.
(d)
The proposed area alterations including cleared,
excavated, filled or graded areas and proposed structures, utilities,
roads and, if applicable, new property lines.
(e)
The locations of and design details for all
proposed soil erosion and sediment control measures and storm water
management facilities.
(f)
The sequence of grading and construction activities.
(g)
The sequence for installation and/or application
of soil erosion and sediment control measures.
(h)
The sequence for final stabilization of the
development site.
A.
Plans for soil erosion and sediment control shall
be developed in accordance with these Regulations using the principles
as outlined in the Connecticut Guidelines for Soil Erosion and Sediment
Control, as amended. Soil erosion and sediment control plans shall
result in a development that: minimizes erosion and sedimentation
during construction, is stabilized and protected from erosion when
completed, and does not cause off-site erosion and/or sedimentation.
B.
The minimum standards for individual measures are
those in the Connecticut Guidelines for Soil Erosion and Sediment
Control, as amended. The Commission may grant exceptions when specifically
requested by the applicant if technically sound reasons are presented.
C.
The appropriate method from the Connecticut Guidelines
for Soil Erosion and Sediment Control, as amended, shall be used in
determining peak flow rates and volumes of runoff unless as alternative
method is approved by the Commission.
A.
The Commission shall either certify that the soil
erosion and sediment control plan, as filed, complies with the requirements
and objectives of these Regulations or deny certification when the
development proposal does not comply with these Regulations.
B.
Nothing in these Regulations shall be construed as extending the time limits for approval of any application under Chapters 124, 124A or 126 of the General Statutes.
C.
Prior to certification, any plan submitted to the
Commission shall be reviewed by the Conservation Director who shall
make recommendations concerning such plan, provided such review shall
be completed within 30 days of the receipt of such plan.
D.
The Commission may forward a copy of the development proposal to
the Northwest Conservation District, to the Newtown Inland Wetlands
Commission, and any other Town of Newtown Department, commission or
agency, or any consultant for review and/or comment.
[Amended 12-9-2015, effective 12-21-2015]
A.
The estimated costs of measures required to control
soil erosion and sedimentation, as specified in the certified plan,
that are a condition of certification of any modified site plan, if
such a modified site plan is submitted for review by the Commission,
may be required to be covered in a performance bond or other assurance
acceptable to the Commission in accordance with the provisions specified
in the appropriate sections of the Zoning Regulations of the Borough
of Newtown and the Subdivision Regulations of the Town of Newtown,
as from time to time amended.
B.
Site development shall not begin unless the soil erosion
and sediment control plan is certified and those control measures
and facilities in the plan schedule for installation prior to site
development are installed and functional.
C.
Planned soil erosion and sediment control measures
and facilities shall be installed as scheduled according to the certified
plan.
D.
All control measures and facilities shall be maintained in effective
condition until the sign-off of the certificate of occupancy or the
designated date reflected in the site stabilization agreement to ensure
the compliance of the certified plan.
[Amended 12-9-2015, effective 12-21-2015]
Inspection shall be made by the Commission or
the Conservation Director, its designated agent, during development
to ensure compliance with the certified plan and that control measures
and facilities are properly performed or installed and maintained.
The Commission may require the permittee to verify through progress
report that soil erosion and sediment control measures and facilities
have been performed or installed according to the certified plan and
are being operated and maintained. It shall be the responsibility
of the permittee to provide proper notification for inspection of
control measures and facilities that are required prior to proceeding
with any development work which is affected by the installation of
these measures. Failure to provide this notification shall nullify
any approvals given by the Commission on the project site.
[Added 12-9-2015, effective 12-21-2015]
A site stabilization agreement between the applicant and the
Borough of Newtown shall be a requirement for a certificate of occupancy
sign-off during the nongrowing months of the year.
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INTRODUCTION
In 1998, the Zoning Commission of the Borough
of Newtown began a project to establish a Village District in accordance
with the authority provided by § 8-2j of the General Statutes
and to incorporate in the district a set of design guidelines that
would protect the distinctive character, landscape and historic values
set forth in the Plan of Development. The members of the committee
considered State, regional and municipal policies and past decisions
and studied similar documents from regulatory commissions of village
districts in other jurisdictions, as well as the federal standards
for rehabilitation of properties.
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Village District development is controlled by
zoning regulations that are to be interpreted with the help of such
Village District Design Guidelines as may be adopted by the Commission
from time to time. Guidelines have a role that is different in nature
from the zoning regulations. Guidelines do not always dictate specific
limits, nor does strict adherence to them necessarily assure approval.
Evaluation of buildings requires judgment in studying plans submitted.
The Commission has to consider each design on its own merit, as well
as its effect on the neighborhood and the Borough as a whole. By themselves,
guidelines do not guarantee excellent or even mediocre architecture.
The important point is that by following these guidelines, the property
owner is doing his part to help the Commission protect the fragile,
irreplaceable environment of the Borough.
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The guidelines are not designed to promote any
particular architectural styles. Their role is to protect existing
properties against incorrect alterations and, as new buildings are
built and additions made to existing structures, to preserve the continuity
and architectural unity of the district. Within that overall unity
today are a variety of styles and settings, and, as a result, different
new buildings could be compatible. Some buildings, however, may not
be. For that reason, the intent of the guidelines is to be selective-and
sometimes restrictive-in order to exclude designs that would erode
the historic, cultural and economic resource built up over generations.
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Historic Continuity
The historic value of the commercial center
of the Borough is found in the design of its individual buildings,
the street scene, and the overall relationship of buildings, streets
and topography as well as vehicular and pedestrian traffic and densities
of uses. The architecture and the street scene are a reflection of
a society, economy, and technology somewhat different from today's.
The Borough's commercial center evolved in a simpler society and before
the widespread availability of electricity, large machinery, easy
transportation, low cost steel and glass, and elevators. The general
appearance of street vistas and the present character of separate
buildings represent an accumulation of many periods. The overall pattern
of streets, lots, buildings, and landmarks was established in the
18th century and followed in the 19th and 20th centuries. Today, caution
and vigilance remain essential to the continued preservation of the
Borough through regulation of the commercial center.
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Distinctive Character
Anything as subtle as charm is difficult to
define, and the quaint and distinctive character of the center defies
exact definition as well. Its history and that of the Town as a whole
inform it. The component parts of the Borough interrelate in a subtle
and distinctive way: the repetition and similarity of house after
house with similar or special architectural details and seldom of
greater height than three stories; a mix of small and grand houses
on small lots facing adjacent streets; a variety of small business
and professional offices. These elements have produced the ambience
of the Borough for leisurely living and have given it quaint and distinctive
New England small town charm that is found with decreasing frequency.
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Overall Unity
Courts have not attempted to define these special
qualities but rather have looked more toward a total concept or overall
unity, as the definitive statement. The wording of the "Village District"
statute, general rather than categorical, seems to take into account
that, within the overall entity of a Village District, there is a
spread of historic styles, cultural influence, land use and density.
However general this phraseology, its thrust and intention are unmistakable.
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Design Quality
While the quality of a building's design may
not improve with age, every generation must evaluate the significance
of architectural styles and examples, being guided by the wisdom of
the past and wary of its folly. Some buildings that are interesting
and intriguing now, for instance, were previously considered to have
very little value.
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MAJOR COMPONENTS OF THE VILLAGE
DISTRICT DISTINCTIVENESS
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A.
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While a statement in the Introduction suggests
that defining the "quaint and distinctive character" of the Borough
and its commercial center is difficult, the major physical components
of its distinctiveness are not mysterious or elusive. The Commission,
in attempting to fulfill its legal responsibility to preserve its
rural New England village character, recognizes that size, scale and
design of buildings, along with workable pedestrian and vehicular
traffic patterns are essential physical components of the distinctiveness
and uses them in evaluating the appropriateness of physical changes
proposed within the District.
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B.
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Scale of the district. Vertical as well as horizontal
distance is measured in human footsteps. Human size and untaxed physical
capability, along with available technology and material, established
the scale of the district. This human scale, reflected in the size
of buildings, contributes more to the distinctiveness of the commercial
district than any other single component.
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C.
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Texture of typical street scene (pattern created
by scale, setback, landscaping, density, traffic generation, signs,
etc.).
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The typical street scene facilitates pedestrian
traffic AND unfettered access to commercial uses.
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The predominant ratio of solid wall area to
area of openings, proportions and directional emphasis of wall openings
and roof, parapet and floor shall be respected and maintained wherever
possible.
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D.
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Typical building materials (walls: brick, wood;
roofs: slate, wood and tile shingles). Design unity within the District
is greatly enhanced by the use of relatively few materials and their
repetition. Materials for exterior walls, doors, windows, roofs, paving,
etc. shall be compatible in quality, color and texture with existing
prevalent materials in the neighborhood.
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E.
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Typical commercial building site plan. The pattern
within the Borough and the District is of relatively small residential
and commercial buildings, punctuated by larger public buildings. Commercial
buildings, however, should not substantially exceed other commercial
buildings in the vicinity in mass, nor should they dominate them.
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F.
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Liaison with Town.
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1.
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Visual contact: Because of the distinctive views
of the Borough offered from Castle Hill Road and other sites in the
Town, care should be taken to prevent the introduction of elements
that would disrupt those distinctive views.
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2.
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Physical access: Free-flowing, convenient traffic
patterns, both vehicular and pedestrian, are the lifeblood of commerce
and social intercourse. It is essential to public safety and to maintaining
property values. Accordingly, it is one of the essential elements
to be preserved, both for the short term and long term health of the
community. Church Hill Road and Queen Street are burdened with a number
of existing uses that contribute to the traffic problems currently
existing in the District, including three schools and a significant
shopping center. Church Hill Road, moreover, previously provided the
primary access for trucks between Route 184 and Route 25. With the
upgrade to the railroad underpass, it will undoubtedly again provide
that access. The Borough, however, has little discretion with respect
to controlling traffic facilities on those two roadways—roadways
that are at the crossroad of the District.
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3.
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Size and proportion:
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The specific size of individual building elements
makes a very significant difference in their appearance. Small differences
in size may be readily apparent, particularly when they constitute
a large proportional difference.
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Certain elements are limited in their size because
of historical building conventions and 19th century construction technology.
In some instances, changes in building technology have resulted in
corresponding changes in the prevalent sizes of particular elements.
And while technological improvements through time have allowed increases
in scale, such advances should not dictate changes in the community.
The possible should not control the desirable. Thus, improperly sized
buildings or uses would be detrimental to the overall well being of
the District, especially given limited traffic facilities.
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In general, it can be said that buildings of
various styles derive much of their effect and importance from the
fact that their various parts adhere to systems of scale and proportion
that are unique to the respective styles. So, too, with community
styles. To tamper with these relationships can be detrimental to the
sense of the building and the community alike. Although the rules
of scale and proportion are too numerous to set down here, decisions
are based upon the Commission's knowledge of the norms.
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4.
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Density: Density of use and mass of structure
shall be vigorously held to the legally permitted level, as per the
Zoning Ordinance of the Borough of Newtown.
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5.
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Streetscapes:
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Proposed additions to existing structures and
new buildings shall not be higher than the predominant building height
on the blockface between the two intersecting streets.
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Applicants for volumetric additions affecting
the street facade must prepare a blockface drawing of the structure
or structures proposed showing the area thereof as seen from the street,
along with similar blockface drawings of other buildings and structures
in the immediate neighborhood, all rendered in the same scale, so
as to show the proportional relationship of the proposal to other
buildings and structures in the area.
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SUMMARY
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A.
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PREDOMINANT CHARACTERISTICS.
The distinctiveness of an area is created by
its predominant characteristics, not the exceptions or deviations.
While the Village District has variety in building designs, this variety
is within discernable limits. Uncontrolled variation or designs out
of context will not preserve the District's distinctiveness.
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Though change is inevitable, even in an historic
district, accommodating the District to the requirements of contemporary
life should not be achieved at the cost of the integrity of the district's
unique environment.
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B.
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ADDITIONS AND NEW BUILDINGS.
All structures should be recognizable products
of their time of construction. Contemporary design for additions to
existing buildings and new structures is encouraged, but contemporary
designs must be compatible with the distinctive character of the district
and related to neighboring historic buildings in size, scale, materials,
and site plan.
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The size of buildings must be limited as heretofore
indicated to preserve the scale of the District. Large-scale buildings
are alien to the distinctiveness of the Village District and the Borough.
Any good faith effort to comply with the legal requirement to preserve
its distinctive character does not permit approval of large-scale
commercial buildings.
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With this background in mind, the following
District Regulations are adopted:
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[Amended 9-21-2016, effective 10-3-2016]
A.
Village District. The purpose of these regulations is to protect
the Village District, which is comprised of those properties that
abut Church Hill Road on the northern side between Wendover Road and
the railroad tracks that mark the Borough boundary, those that abut
Church Hill Road on the southern side that do not abut Main Street,
those properties any portion of which abuts Queen Street on the easterly
side between Church Hill Road to and including Newtown Middle School,
and on the westerly side for a distance of 800 feet measured from
Church Hill Road in accordance with the authority and intent of § 8-2j
of the General Statutes, as amended from time to time. In the event
there is a conflict between the requirements of the Village District
Regulations and the regulations applicable to the underlying zone,
those in the Village District Regulation will control.
B.
Protection of Main Street Village Design District.
(1)
The purpose of these regulations is also to protect the Main
Street Village Design District, which is comprised of those properties
that abut Main Street extending to Johnny Cake Lane and South Main
Street and those that abut Church Hill Road on the northerly side
between Main Street and Wendover Road within the Borough of Newtown.
(2)
All properties lying within the Main Street Village Design District shall be subject to and shall conform to the requirements and standards contained in Article 12 of the Borough of Newtown Zoning Regulations, insofar as they are applicable, and shall be subject to Village District review thereunder; provided, further, that properties in the Main Street Village Design District shall not be required to comply with the curbing, sidewalk and sidewalk lighting requirements contained therein.
C.
Historic District properties exempt.
[Added 11-8-2016, effective 12-1-2016]
Village District approval in accordance with
these regulations, in addition to the requirements of the underlying
zoning district regulations, is required prior to any proposed new
construction, substantial reconstruction and rehabilitation of properties
within the District and in view from public roadways.
A.
An application for Village District approval shall
be submitted on a form to be provided by the Commission and shall
contain such information as will allow the Commission to make a reasoned
decision on each of the following design criteria, in addition to
criteria set forth in the Zoning Regulations relating to uses and
buildings permitted in Business and Professional zones, including,
but not limited to the following:
(1)
Proposed buildings and modifications to existing
buildings shall be constructed with appropriate materials and of building
designs appropriate for a scenic and rural New England town, recognizing
architectural scale, rhythm and proportion, and shall avoid large
monolithic building forms.
(2)
Proposed buildings or modifications to existing
buildings shall be harmoniously related to their surroundings, 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 the proposed building or modification.
(3)
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.
(4)
The color, size, height, location, proportion
of openings, roof treatments, building materials and landscaping of
the property that is to be improved and any proposed signs and lighting
shall be evaluated for compatibility with the local architectural
motif and the maintenance of views, historic buildings, monuments
and landscaping, and
(5)
The removal or disruption of historic, traditional
or significant structures or architectural elements shall be minimized.
B.
All development in the Village District shall be designed
to achieve the following compatibility objectives:
(1)
The building and layout of buildings and included
site improvements shall reinforce a rural New England village theme
in its buildings and streetscape patterns and the placement of buildings
and included site improvements shall assure there is no adverse impact
on the district:
(a)
Proposed streets shall be connected to the existing
District road network, wherever possible;
(b)
Open spaces within the proposed development
shall reinforce open space patterns of the district, in form and siting;
(c)
Locally significant features of the site such
as distinctive buildings or sight lines of vistas from within the
District, shall be integrated into the site design;
(d)
The landscape design shall complement the District's
landscape patterns; and
(e)
The exterior signs, site lighting and accessory
structures shall support a rural New England village architectural
theme.
(f)
The scale, proportions, massing and detailing of any proposed building
shall be in proportion to the scale, proportion, massing and detailing
in the District.
At the time of filing an application for Village
District approval, the applicant shall pay a fee which will be comprised
of a basic fee in accordance with Section 9.07 plus the cost to the
Borough of Newtown for outside review as required by the following
section, as that cost is established from time to time. The full fee
under this section shall be paid prior to, and as a condition of,
the issuance of the Commission's decision on the application. By submitting
a Village District application, or authorizing another to make such
an application on his behalf or with his consent, the owner of property
that is the subject of the application agrees that, if the fee required
by this section is not paid in full (including that portion of the
fee necessitated by application review by a design professional) at
the time the Commission issues its decision thereon, the amount of
the fee remaining unpaid shall become a lien upon the property in
favor of the Borough of Newtown, and the owner consents to the filing
of a notice of lien therefore on the Land Records.
A.
All applications for new construction and substantial
reconstruction within the District and in view from public roadways
may be subject to a referral, at the discretion of the Borough of
Newtown Zoning Commission, to an architect or architectural firm,
landscape architect, or planner who is a member of the American Institute
of Certified Planners selected and contracted by the Commission and
designated as the Village District consultant for such application
upon receipt. The consultant shall report his findings to the Commission
within 35 days after the referral.
[Amended 4-10-2019, effective 4-22-2019]
B.
All such applications shall be considered at a public
hearing to be conducted in accordance with the procedures and schedule
provided in Title 8 of the General Statutes and these Regulations
for special exceptions.
C.
The Commission may approve non-substantial modifications of any Village
District approval without a public hearing and without special notices
otherwise required.
[Added 5-16-2012, effective 6-18-2012]
The commission may seek the recommendations
of any town or regional agency or outside specialist with which it
consults, including, but not limited to, the regional planning agency,
the municipality's historical society, the Connecticut Trust for Historic
Preservation and The University of Connecticut College of Agriculture
and Natural Resources. Any reports or recommendations from such agencies
or organizations shall be entered into the public hearing record.
A.
All activity subject to Village District review shall
comply with the following standards; provided, however, that any construction,
reconstruction or rehabilitation of property during a five-year look-back
period that does not increase the gross floor area of a building by
more than 500 square feet is exempt from such of the following infrastructure
regulations as would otherwise require installation of sidewalks,
granite curbing and sidewalk lighting:
[Amended 12-9-2015, effective 12-21-2015]
(1)
Design and placement of buildings. New construction,
substantial reconstruction and rehabilitation of buildings shall conform
to the following:
(a)
Permitted building designs are those appropriate
for a scenic and rural New England village that recognize architectural
scale, rhythm and proportion, avoid large monolithic building forms
whose architectural appearance is devoid of traditional scale, rhythm
and proportion, the design of which implements the use of traditional
forms, shapes, and material.
(b)
Loading and unloading areas shall be located
at the rear or side of the building and screened from view from the
adjacent properties, street and parking areas.
(c)
Dumpsters and storage areas shall be located
at the rear or side of the building and screened from view from the
adjacent properties, street and parking areas.
(d)
Utility equipment shall be located at the rear
or side of the building and screened from view from the adjacent properties,
street and parking areas. If the equipment creates noise or odor it
is to be housed within a building that eliminates the sound or odor.
(e)
Parking will be to the rear of the building, away from the street
line. Placement of buildings shall not interfere with vehicular or
pedestrian site lines.
[Added effective 12-21-2015]
(2)
Maintenance of public views. No building shall be so designed or
constructed, nor shall it be of such placement, height, or mass, as
to obstruct the following public views:
[Added effective 12-21-2015]
(3)
Design, paving materials and placement of public roadways.
[Revised effective 12-21-2015]
(a)
Road edge definition and curb cuts will be designed:
[1]
To control vehicular traffic congestion on streets and to improve
the pedestrian environment. Vehicular traffic shall be improved by
the management of the number of driveways accessing the streets and
crossing the sidewalks. Pedestrian traffic shall be improved by constructing
pedestrian circulation patterns of uninterrupted walkways safe and
separate from vehicular traffic.
[2]
To improve identification of pedestrian crosswalks, the pavement
shall be distinctive in color and of a material both raised slightly
above road level and textured. Acceptable materials are compressed,
colored and imprinted concrete, paver blocks, Belgium block, cobblestone,
brick or other similar materials.
(b)
Curbing of driveways and on the street shall be granite curbing,
which shall have a beveled edge along the outside edge facing the
street or drive.
(c)
For all new construction and substantial reconstruction of buildings
in the Village District, sidewalks are to be installed along the street
frontage and through accessways. The Borough Sidewalk Ordinance is
on file with the Borough Clerk and with the Newtown Town Clerk, and
sidewalk lighting is to be installed in accordance with the Village
District Sidewalk Lighting Plan. Sidewalks must continue across driveways
clearly designating the pedestrian's right-of-way. Sidewalk lighting
is to be installed in accordance with the Village District Sidewalk
Lighting Plan.
[Amended 4-10-2019, effective 4-22-2019]
