The purpose and intent of the M-5 zone is to encourage a moderate
to high density mix of industrial, commercial, limited retail and
service businesses on smaller lots (two acre minimum).
The following principal uses are permitted in Industrial Zone M-5 subject to conditions provided herein and subject to obtaining site development plan approval, if required, in accordance with Article
X hereof. Uses that are not listed as permitted shall not be permitted by variance. More than one of these principal uses may be permitted within the same structure or building.
5.06.210 Laboratory devoted to research,
design, and experimentation.
5.06.220 Office building or office
buildings.
5.06.230 Light industrial use, including
manufacturing, fabricating, processing, converting, altering, packaging,
bottling or assembling of products, the operations of which are conducted
solely within an enclosed building or group of buildings.
5.06.240 Operation of a public utility
authorized to furnish service to residents of the Town or to the region,
including, among such operations, a utility service center at which
may be conducted general office use, customer services, maintenance
of utility service operations, vehicle maintenance, and accessory
uses, outdoor storage of materials for utility service and outdoor
parking of service vehicles.
5.06.250 Public works garage and public
storage areas operated by the Town.
5.06.260 Printing and/or publishing
establishment.
5.06.280 Warehouse.
[Added effective 5-13-2023]
(a) Site development plans shall require a 100-foot
setback from the outermost perimeter of impervious surface from adjacent
residential property, including a 50-foot natural or planted buffer.
(b) Site development plan applications shall require a traffic impact analysis in compliance with Section
595-5.06.200.
(c) If storage is to be provided outdoors, for principal
or accessory uses, a planted or natural buffer shall be provided between
the items stored and the lot lines.
5.06.300 Store or shop for the conduct
of retail business, including, without limitation, a liquor package
store.
(a) The permanent sales areas of all such stores or
shops shall be wholly enclosed and there shall be no permanent outdoor
storage of merchandise.
(b) The maximum gross floor area for any single retail
business shall be limited to 40,000 square feet.
5.06.310 Personal service establishment.
The following principal uses are permitted in Industrial Zone M-5 subject to obtaining a special exception in accordance with criteria, standards and conditions set forth in Article
XI, Special Exceptions.
5.06.420 Self-service storage facility.
One or more buildings for the purpose of renting or leasing individual
storage spaces to tenants who are to have access to said space for
the purpose of storing and removing personal property stored therein.
Such renting or leasing shall not include renting or leasing of space
for outside storage of good and products. Such renting or leasing
may include outside storage of vehicles, with the exception of commercial
vehicles, with current registrations that are parked long term for
future use, for a minimum of 30 days, which are considered to be in
storage.
[Added effective 8-12-2023]
5.06.440 Waste treatment facility operated
by or on behalf of the Town.
5.06.450 Garages to shelter commercial
vehicles and construction equipment used off the lot. All vehicles
and equipment stored on said lot shall be stored wholly within said
garage. Maintenance on vehicles, if any, shall be conducted wholly
within said garage and only on those vehicles stored therein on a
permanent basis.
5.06.460 Buildings containing seven
or more tenants.
5.06.470 Indoor and/or outdoor commercial
tennis, paddle tennis/platform tennis, racquet ball, hand ball, squash,
soccer and/or swimming facility and/or other similar recreational
and sports activities.
[Amended effective 12-2011]
5.06.490 A public garage to be allowed
in the M-5 Zone with a special exception, except within the Aquifer
Protection District provided the following criteria are satisfied:
(a) One public garage per lot as described herein;
(b) Any special exception granted hereunder shall be
contingent upon the applicant subsequently obtaining a certificate
of approval of location from the Zoning Board of Appeals pursuant
to the relevant motor vehicle laws of the State of Connecticut.
[Amended effective 6-1-2009]
(c) No public garage shall have any entrance or exit
within 300 feet of any public park, playground, school, church, library,
theater, hospital or other public garage or filling station on an
intersecting street within 300 feet measured along the street lines
from said entrance or exit.
[Effective 10-26-1992, amended effective 6-1-2009]
(d) No public garage permitted by to this section shall
be deemed to become nonconforming through the subsequent erection
of one of the buildings mentioned in the third bullet point above
in this section.
[Effective 10-26-1992, amended effective 6-1-2009]
(e) A public garage located in the M-5 Zone shall not
engage in the repair of vehicles outside of the enclosed by areas
of the public garage.
[Effective 10-26-1992, amended effective 6-1-2009]
(f) A public garage located within the M-5 Zone shall
have all vehicles parked solely within designated parking spaces on
the lot and the parking area shall be screened from adjacent lots
or roadways by a solid fence, structure, natural buffer or planted
buffer.
[Effective 6-1-2009]
5.06.495 Animal control facility. An
animal control facility to be allowed in the M-5 zone with a special
exception, if operated on or on behalf of the Town of Newtown.
[Added effective 1-19-2010]
5.06.496 Brew pubs and distilleries.
[Added effective 10-12-2017]
Article
V, Section 7, Industrial Zones Accessory Uses, shall apply.
Article
V, Section 8, Site and Building Design Standards in Industrial Zones, shall apply.
Article
VII, Area, Height and Yard Requirements, and all other applicable sections of these regulations apply.
Article
VIII, Supplemental Regulations, including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.