[Amended effective 1-26-2015]
3.03.100
Purpose and intent. The intent of this zone
is to allow affordable housing in mixed-use developments at locations
with adequate transportation and utility services, in order to provide
housing choice and variety for those working in Newtown, single-parent
households and aging households, among others. It is a further intent
of these regulations to protect open spaces and rural areas of the
community by encouraging development in smart growth locations.
The purpose of this zone is to promote the inclusion of affordable
housing units in mixed-use, mixed-income developments consistent with
topography, soil types and infrastructure capacity. Another purpose
is to ensure high-quality design that is sensitive to the rural character
of the community and the neighborhood surrounding the development
in particular.
As an overlay zone, the IHOZ offers additional regulations to
the applicable underlying zoning district regulations. Except as modified
in this Section 595-3.03, the provisions of the underlying district
will govern.
3.03.200
Location criteria.
Applications for a IHOZ-permitted use must meet the following criteria:
(a)
Application to amend Official Zoning Map to include IHOZ overlay
zone to a particular parcel(s).
(b)
Minimum lot size of 10 acres.
(c)
All parcel(s) must have frontage on a principal arterial roads
or State Route.
(d)
Applicants must demonstrate that all parcels have access to
public sanitary sewer and public water or that the applicant has the
ability to acquire such access prior to construction.
3.03.300
Permitted uses. In all IHOZ developments,
not less than 20% of the dwelling units will be conveyed by deeds
containing covenants or restrictions which shall require that, for
at least 30 years after the initial occupation of the proposed development,
such dwelling units shall be sold or rented at, or below, prices which
will preserve the units as housing for which persons and families
pay 30% or less of their annual income, where such income is less
than or equal to 80% of the area median income. Each application will
require an affordability plan, which shall describe in detail how
the development will comply with these regulations, and how the affordability
covenants and restrictions will be administered.
3.03.310
The following IHOZ uses are permitted by special exception:
(a)
The following uses are permitted by special exception
in addition to the uses allowed in the underlying zone. The following
uses shall be limited to the R-2, R-3 and business zones, provided,
however, that the use or uses allowed in this overlay zone may not
be in conflict with the primary uses allowed in the underlying zone,
so that apartments and town houses will only be allowed in parcels
zoned for residential uses and mixed-use buildings and developments
will only be allowed in parcels zoned for business uses.
(b)
Townhouses and garden apartments. There shall be
no more than 12 units per usable acre based upon deduction of area
as applicable. Such density shall be calculated as usable using the
total site acreage. Acreage having a slope of 25% of more shall be
calculated using 50% of such area. Acreage having wetlands, watercourses
or area within base flood elevation as determined by the Federal Emergency
Management Agency shall be calculated as usable using 25% of such
areas. All other acreage is considered usable site and density shall
be calculated at 100%.
(c)
Mixed-use buildings. Mixed-use buildings must contain
commercial and residential uses, and meet the following provisions:
1)
Residential uses are not permitted on the first
floor.
2)
Commercial uses in such buildings are limited to
retail, professional office, restaurant, financial institutions, and
personal service establishments.
3)
No more than 12 dwelling units per usable acre are
allowed. Such density shall be calculated as usable using the total
site acreage. Acreage having a slope of 25% of more shall be calculated
using 50% of such area. Acreage having wetlands, watercourses or area
within base flood elevation as determined by the Federal Emergency
Management Agency shall be calculated as usable using 25% of such
areas. All other acreage is considered usable site and density shall
be calculated at 100%.
(d)
Mixed-use developments. Mixed-use developments
are developments of multiple buildings on a parcel or adjacent parcels
under unified ownership or control that includes at least one building
containing residential use and at least one building containing commercial
use(s). Mixed-use developments shall meet the following provisions.
1)
Residential units are permitted in townhouse and
garden apartment structures only.
2)
Commercial uses are limited to retail, professional
office, restaurant, financial institutions.
3)
No more than 12 dwelling units per usable acre are
allowed. Such density shall be calculated as usable using the total
site acreage. Acreage having a slope of 25% of more shall be calculated
using 50% of such area. Acreage having wetlands, watercourses or area
within base flood elevation as determined by the Federal Emergency
Management Agency shall be calculated as usable using 25% of such
areas. All other acreage is considered usable site and density shall
be calculated at 100%.
Article VII, Area, Height and Yard Requirements, and all other applicable sections of these regulations apply, in addition:
(a)
Street frontage. Each lot shall have a minimum frontage of 100
feet.
(b)
Front yard setback. The minimum setback from the street shall
be 75 feet from the street line and in the Hawleyville and Sandy Hook
Design Districts, the front setback shall be in compliance with the
applicable zone regulations. Adjacent parcels to the Design Districts
could utilize the front setbacks for the specific Design District
at the discretion of the Commission.
(c)
Side and rear setbacks. The minimum side yards shall be 35 feet,
and the minimum rear yard shall be 50 feet.
(d)
Building height. No building shall exceed 36 feet in height
above the average finished ground level to the midpoint of the roof
at the side of the building closest to the street or private road
and no portion of the structure shall be more 54 feet to the highest
point of the ground level on any side of the building and no structure
shall be more than 10 feet below the average finished ground level
at the front of the building.
(e)
Building coverage. Building coverage shall not exceed 30%.
(f)
The Commission by a 4/5 vote can approve modifications to 3.03.400
on a project specific basis, including, but not limited to, the following
parameters; topography, building design and aesthetics.
Each Townhouse dwelling unit shall have an entrance providing
direct access to the exterior, which access shall not be shared in
common with any other dwelling unit.
Affordable units shall be of a construction quality that is
comparable to market-rate units within the development, and shall
be dispersed throughout the development.
Dwelling units shall contain no less than one bedroom and no
more than three bedrooms.
Affordable units shall be of a construction quality and design
that is comparable to market-rate units within the development, and
shall be dispersed throughout the development. The set-aside units
shall contain at least 20% of the total bedrooms proposed for the
project.
3.03.605
Appearance.
(a)
Facades.
1.
Building greater than 60 feet in length shall be
visually broken into smaller elements and incorporate architectural
details in order to add visual character and human scale.
2.
Ground floor "front facing" facades shall incorporate
projecting covered entries at least three feet in depth.
3.
No uninterrupted length of any facade, except as
noted below, shall be permitted to exceed the lesser of 40% of total
length of the facade or 40 feet without incorporating a change in
color, material, texture/pattern, projection, recess, window, balcony,
trellis, or similar architectural feature.
a.
Exception. Accessory structures less than 20 feet
in height and 24 feet in depth used for housing automobiles; for example,
carports and garages that are designed to complement the building
and site and that incorporate like materials. Clubhouse is not an
accessory structure. Cupolas are also allowed on top of the roofs
of carports and garages.
4.
Front facade design may incorporate a distinction
between ground floor and upper stories through the use of masonry
water-tables, entry features, and other architectural elements appropriate
to the scale and design of the building.
5.
Placement of windows and other major architectural
elements/features on upper stories shall to the extent practicable
be arranged with a balanced spacing and evident rhythm.
6.
Blank wall surfaces greater than 20 feet along the
horizontal plane of the building are prohibited at the street level
on any building facade adjacent to a sidewalk or public way.
7.
Where blank wall surfaces are permitted and deemed
necessary, wall panels, pilasters, building bays, or other architectural
elements shall be carried across the blank surface to relieve uninteresting
facades. A waiver may be granted by the commission to this requirement
for facades that are within, or will be within, 10 feet of an adjacent
building and therefore not visible from the public ways.
8.
Residential side and rear facades which are visible
from the public ways shall be articulated in a manner compatible with
the design of the front facade.
(b)
Materials and colors.
1.
New building materials shall be selected to convey
a sense of quality, durability and permanence, and shall be economically
maintained and able to retain their appearance over time.
2.
Building facade materials permitted within the district
include brick, stone, wood, cementitious fiberboard, cast stone, manufactured
limestone, PVC trim and vinyl.
a.
Artificial/faux materials can be used provided they
are of good quality and consistent with "natural"/traditional materials.
3.
Stone, cast stone, cultured stone or brick veneers
can be used as an accent material to provide scale to a building.
It is encouraged to use stone water-tables at the first floor and
to establish a horizontal datum for the building to grow from the
site. These veneer materials are encouraged to be used as architectural
elements such as piers, columns, column bases, chimneys, stepped vertical
material offsets, etc., to provide scale and detail to larger building(s).
4.
Poured-in-place concrete or pre-cast concrete are
appropriate as a basic building material provided special consideration
is given to formwork, pigments, and aggregates to create a rich surface.
5.
A limited but consistent pallet of materials is
encouraged to be used to establish both uniformity and variety at
human scale with-in the zone.
(c)
Roofs.
1.
Roof forms shall complement the buildings in terms
of style, detailing and material.
2.
Roof forms may vary within a building and shall
include sloped roofs, parapets, decorative cornice treatments, soffits,
overhangs from six inches to 36 inches, dormers, cupolas, or other
architectural element to complement the building without creating
a cluttered visual appearance. Cupolas, parapets, bulkheads and mechanical
screening can range from four feet to 17 feet and are in addition
to maximum building height.
3.
Flat roofs shall be screened from public view using
parapets or other architectural elements.
4.
Mechanical equipment, metal chimneys, chimneys,
elevator shafts and stair bulkhead roofs shall be encouraged to be
screened from public view using parapets or other architectural element.
3.03.610
Parking. Parking shall conform to the requirements of Article VIII, Section 3, in general.
Shared parking for mixed-use buildings and mixed-use developments
is encouraged to reduce impervious surfaces. Applicants should submit
a Parking Demand Study conducted by a qualified firm, which details
peak parking demand by uses and recommends a shared parking arrangement.
The minimum number of parking spaces required shall generally comply with Section 595-8.03.600. The Commission may reduce parking requirements where the applicant submits data or a plan demonstrating the adequacy of the lower number.
3.03.620
Private roads. Private roads
within IHOZ developments shall be 22 feet wide with a surface that
meets Town standards (may want to encourage/incentivize pervious surfaces).
3.03.630
Pedestrian circulation. In
all developments, sidewalks and pedestrian pathways shall be constructed
on frontage roads to connect with proposed or existing Town sidewalks.
Internal on-site sidewalks constructed at the Commission's discretion.
3.03.640
Landscaping. Existing vegetation
and natural changes in topography shall be maintained to the greatest
extent possible in designing site development. Screening from adjacent
properties shall be enhanced by maintaining existing vegetation and
topography shall be supplemented with fences, walls, berms and dense
landscaping which will adequately screen MUMI developments from adjacent
properties year round.
3.03.650
Lighting. Lighting Plan shall conform to Article VIII, Supplemental Regulations, Section 5, Exterior Lighting.
3.03.660
Design Advisory Board. The
project shall be reviewed by the Design Advisory Board in compliance
with Newtown Zoning Regulation Section 595-2.02.330.
3.03.670
Traffic report. A traffic
impact analysis shall be completed by a certified traffic engineer.
