Newtown City Zoning Code
§ B70-4.10
Business zone uses by special exception.
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]