The purpose of the Sandy Hook Design District is to encourage
a diversity of compatible uses that will enforce the district as an
historic, mixed use hamlet. Land uses which are oriented to the surrounding
neighborhood and to visitors to the area are encouraged and are vital
to continuing the district's place in Newtown's history
and its future as a viable neighborhood commercial hub.
Future development should emphasize the pedestrian scale, historic
quality and natural resources found here. It is intended that the
district will have infrastructure of sufficient capacity to support
efficient use of land and mixed-use developments which places housing
convenient to employment, shopping services and related activities.
Due to the unique characteristics of the general area and the desire
to create an attractive environment, these regulations are intended
to be flexible to maximize the benefits to the Town and will improve
the human environment by encouraging public walkways, bike paths,
shared off-street parking facilities and landscaped public space.
The land and buildings shall be used for the principle uses
listed below. Uses that are not listed as permitted by right or by
special exception shall not be permitted by variance.
In order to achieve the highest quality of design, the Commission
created and adopted the Sandy Hook Design District Guidelines. The
guidelines describe the elements of context, scale, site design and
amenities that are necessary to achieve a cohesive district consistent
with and which reflects the character of a New England Village. It
is anticipated that all development within the district will be planned
to help achieve the purpose and intent of the district. The Sandy
Hook Design District Design Guidelines provide examples of specific
design elements that have been found to be important and necessary
for ensuring a cohesive and functional district. Proposals for development
should incorporate the site design elements described in the guidelines
into the project.
One or more of the following principal uses are permitted within a single structure in the SHDD subject to obtaining site development plan approval, if required, in accordance with Article
X:
(a)
Retail: Permanent sales shall be enclosed and no permanent outdoor
storage of merchandise.
(b)
Personal service establishments.
(e)
Restaurants, including outside service but excluding drive-thru
facilities and outside entertainment.
(f)
Museums, galleries and meeting halls.
(g)
Places of religious worship.
(h)
Residential dwelling units within a commercial building and
above any permitted commercial use. Density of the dwellings shall
not exceed 50% of the gross floor area excluding the basement of the
building. The individual dwellings units shall be a maximum of 1,200
square feet.
[Amended effective 2-5-2015]
(k)
Publishing establishment.
(l)
Veterinary hospital, for surgery and recovery only, and must
be connected to public sewers.
(m)
Adult day care or child day-care center.
[Amended effective 5-14-2012]
The following principal uses and structures are permitted in the SHDD subject to obtaining a special exception permit in accordance with the standards, criteria, conditions, and procedures set forth in Article
XI:
(a)
Two or more commercial buildings upon a lot containing one or more principal uses as listed in Section
595-6.05.300(a).
(b)
(Reserved)
[Effective 6-21-1999]
(c)
Residential dwellings and commercial uses within separate buildings
and/or the density of the dwellings exceeds 50% of the gross floor
area excluding the basement of all the buildings. The individual dwellings
units shall be a maximum of 1,200 square feet.
[Amended effective 2-5-2015]
(e)
Any building containing one or more principal uses which has
more than 10,000 square feet of floor area.
(f)
Laundromats and dry cleaners.
(g)
One residential dwelling and one commercial building, on one
lot.
[Added effective 6-18-2012]
(h)
One residential dwelling and one apartment (maximum size 800
square feet) located in an existing detached building, assessed as
an accessory building for seven years prior to application.
[Added effective 5-19-2016]
(i)
Brew pubs and distilleries.
[Added effective 10-12-2017]
(j)
Notwithstanding the limitations set forth hereinabove, existing
residential dwellings and apartment buildings may be renovated and
modified to include the construction of a new apartment building within
a maximum lot area of 0.63 acres, containing not more than six, one-,
two-bedroom units provided that the total density on the parcel shall
not exceed nine residential units.
[Added effective 4-28-2003]
In addition to the accessory uses permitted in business zones pursuant to Article
IV, Section 4, the following accessory use will be permitted so long as it remains clearly accessory to the principal use on the lot.
6.05.510 A farmer's market on
lots in off-street areas during weekend days and holidays during day-light
hours. No permanent structures shall be permitted.
[Added effective 4-28-2003]
6.05.511 A Festival conducted by nonprofit Town organizations
and/or for-profit businesses in store front and off-street areas,
with no permanent structures allowed. Said permit will not be issued
until the applicant has made provision for adequate off-street parking
as determined by the Zoning Enforcement Officer nor will such permit
be issued until the approval of such Town Boards or Agencies as is
required by other Town ordinances or regulations is obtained.
In determining the adequate number of parking spaces required,
the Zoning Enforcement Officer may consider the greatest number of
persons likely to arrive per car. Said parking spaces may be provided
by the applicant on a lot off the lot on which the permitted activity
is to be conducted provided that the owner thereof joins the applicant
in applying for the special permit to use the premises in question
for parking. Said permit shall be effective for a period of not more
than 10 days.
[Added effective 4-16-2012]
Article
VII Area, Height and Yard Requirements and all other applicable sections of these regulations apply, and in addition:
(a)
All lots which are adjacent to a residential zone shall maintain
a twenty-five-foot wide planted buffer along such boundary.
(b)
Rear and side yard requirements and the buffer as required in Subsection
(a) above and Article
VII may be waived or modified by the Commission subject to the following conditions:
1.
The overall design of the project is appropriate to the site
and contributes to the improvement of Sandy Hook Design District.
2.
The overall design of the project is consistent with the Sandy
Hook Design District Guidelines.
3.
The design will enhance or maximize public enjoyment of the
property or such a modification will enhance traffic or pedestrian
circulation patterns in the SHDD.
4.
The waiver is considered to be consistent with the purpose and
intent of the SHDD.
5.
That a public accessway may be located within the buffer area
provided a planted area of approximately 10 feet is maintained and/or
an appropriate screen is installed along the boundary. Such public
accessways shall be in the form of landscaped walks, esplanades, boardwalks
or other suitable design to encourage active use by the public and
shall be dedicated as such in the deed to the property.
Article
VIII, Section 3, and all applicable sections of these regulations shall apply to the Sandy Hook Design District with the following exceptions:
(a)
Parking shall be located to the rear or to the side of buildings
which are along the street frontage so as to maintain the street wall
and character of the SHDD.
(b)
Parking may be located on a different lot from the principal
use provided that the following criteria are met:
[Amended effective 3-4-2013]
1.
That the off-site parking facility is within 300 feet of the
building containing the use being served.
2.
That a long term instrument acceptable to the Commission will
ensure that the use of such off-site parking remains available to
the user. Such instrument shall be filed on the land records.
(c)
Wherever possible, vehicle access to parking lots should be
shared with adjacent properties and shall utilize a minimum of curb
cuts.
(d)
All parking lots shall be arranged to promote orderly circulation
of vehicles and pedestrians.
Article
VIII, Supplemental Regulations, including, but not limited to, signs, access management, parking, landscaping, lighting and all other applicable sections of these regulations apply.