The following principal uses and buildings shall be permitted in the C-2 district:

a. Retail stores or service establishments are permitted on any floor of a structure as follows:

1. Antique stores;

ii. Appliance stores;

iii. Arts and crafts stores;

iv. Bakeries;

v. Banks;

vi. Beauty salons, spas and barber shops;

vii. Book stores (excluding adult book stores);

viii. Camera and photographic supply stores;

ix. Candy and ice cream shops;

x. Clothing, apparel and shoe stores;

xi. Coffee shops;

xii. Computer supplies and software stores;

xiii. Cosmetic stores, beauty supply stores and perfumeries;

xiv. Delicatessens;

xv. Department stores;

xvi. Diners, cafes and restaurants;

xvii. Drug stores;

xviii. Electronics, audio and cell phone stores;

xix. Florists;

xx. Food (health) and supplement stores;

xxi. Furniture stores;

xxii. Garden supply stores;

xxiii. Grocery stores and specialty food stores;

xxiv. Hobby, toy and game stores;

xxv. Home goods, furnishings and accessories stores;

xxvi. Hotels (excluding extended stay/efficiencies/single room occupancies);

xxvii. Jewelers and watch stores (excluding pawn shops);

xxviii. Luggage and leather goods stores;

xxix. Meat markets;

xxx. Musical instruments and supplies stores;

xxxi. Optical goods stores;

xxxii. Paint, wallpaper and/or hardware stores;

xxxiii. Pet grooming, pet shops and pet supplies;

xxxiv. Pharmacies;

xxxv. Photographers and picture framers;

xxxvi. Souvenir shops;

xxxvii. Sports and recreation stores (excluding gun stores); and

xxxviii. Stationery, office supply and card stores.

b. Public libraries, post offices, museums, art galleries, churches and day care centers are permitted on any floor of a structure.

c. Indoor theaters (excluding adult theaters) and bowling alleys are permitted on the ground floor;

d. Business and professional offices; civic and social organizations, publishers, internet service providers, studios for teachers of music, dancing, art, exercise activities (i.e. karate, yoga, pilates, etc.) and sports; and artist and photographic studios are permitted on the upper floors of a building and not on the street floor of a building, except as may be permitted by conditional use in section 20-15.3.

e. Apartments are permitted on the upper floors of a building provided that the apartments are a minimum of 750 square feet in size, have complete kitchen facilities and a minimum of one bedroom. A maximum of 25 percent of apartments in a development may have the size reduced below 750 square feet by the Planning Board or Zoning Board of Adjustment for deed restricted affordable housing.

f. Mixed-use buildings provided the permitted uses are located on the appropriate floors as specified above.

g. Mixed-use parking structures provided that the ground floor is occupied by uses permitted on the ground floor as specified above.

h. Automobile parking areas provided that they are located to the side of or behind the principal structure on the lot and do not have direct frontage on Spring Street, with the exception of an access drive.

1. Any use not specifically permitted is prohibited unless deemed by the Zoning Board of Adjustments to be of the same general character and not incompatible with the above specified permitted uses.

The following accessory uses are permitted in the C-2 district:

a. Warehousing or storage provided that it is incidental to the principal business and does not exceed 25% of the total square footage of the principal use;

b. A bar provided that it is incidental and accessory to a restaurant use; and

c. Watch, clock and/or jewelry repair provided that it is incidental and accessory to a watch, clock and/or jewelry store.

In the C-2 district, the following uses may be. permitted as conditional uses subject to the conditions and standards set forth in section 20-20 of the chapter:

a. Professional occupations.

b. Home occupations.

c. Clubs, lodges and fraternal organizations.

d. Group care facilities and households.

e. Office uses for conducting a licensed taxicab business.

f. Business and professional office may be permitted on the Spring Street Level of structures abutting Spring Street, provided that (1) the structure lies northwesterly of the Cochran Building and faces the Sussex County Park; and (2) the entire structure is converted or used for business or professional office space.

The following shall be the bulk and area standards for the C-2 district:

a. Lot width: 18 foot minimum; 100 foot maximum

b. Lot coverage: 90% maximum

c. Front setback: 0 foot minimum; 12 foot maximum

d. Side setback: 0 foot minimum (both sides); 24 foot maximum (one side only)

e. Rear setback: 0 foot minimum

f. Frontage build-out: 80% minimum

g. Height: Minimum 2 stories; 8 stories maximum. Height is measured in stories excluding attics and raised basements. Stories may not exceed 14 feet in height from finished floor to finished ceiling except for the first floor of a commercial use, which must be a minimum of 11 feet in height and has no maximum.

h. Uncovered parking permitted to the side and rear of the structure(s) only.

The following architectural design standards shall apply to all new construction or renovation of structures located in the C-2 district. Where structures are also located in Newton's Historic District, the Historic District Ordinance also applies and takes precedent over these provisions.

a. Scale and Style. Buildings shall generally relate in scale and design features to the surrounding buildings, showing respect for the local context, except however, where existing development does not represent a consistent architectural style or does not incorporate a building design that reflects the historic character and architecture of Newton's central business district, buildings should instead be designed to improve the overall streetscape, relying on the design standards set forth herein.

b. As a general rule, buildings shall reflect a continuity of treatment obtained by maintaining the building scale, by maintaining consistent front setbacks, by maintaining cornice lines in buildings of the same height, by extending horizontal lines of fenestration, and by echoing architectural styles, details, design themes, building materials, and colors used in surrounding buildings where such buildings represent the historic character and architecture of Newton.

c. Corner Lots. Buildings on corner lots shall be considered significant structures, given that they have at least two front facades visibly exposed to the street. If deemed appropriate by the Planning Board in its design review, such buildings may be designed with architectural embellishments, such as corner towers, steeples, or other features to emphasize their location and serve as a visual focal point for the area.

d. Walls and Planes. Buildings shall avoid long, monotonous uninterrupted walls or roof planes. Offsets including projections, recesses, and changes in floor level shall be used in order to add architectural interest and variety, and to relieve the visual effect of a simple, long wall. Similarly, roof-line offsets shall be provided, in order to provide architectural interest and variety to the massing of a building and to relieve the effect of a single, long roof.

e. Buildings with more than one faade facing a public street or internal open space shall be required to provide multiple front facade treatments.

f. The architectural treatment of the front faade shall be continued, in its major features, around all visibly exposed sides of a building. All sides of a building shall be architecturally designed to be consistent with regard to style, materials, colors, and details. Bland wall or service area treatment of side and or rear elevations visible from the public viewshed is discouraged.

g. Roofs. Gable roofs should utilize a minimum pitch of 9/12. Where hipped roofs are used, it is recommended that the minimum pitch be 6/12. Both gable and hipped roofs should provide overhanging eaves on all sides that extend a minimum of one foot beyond the building wall. Flat roofs should provide that all visibly exposed walls shall have an articulated cornice which projects horizontally from the vertical building wall plane. Other roof types should be appropriate to the building's architecture. Architectural embellishments that add visual interest to roofs, such as dormers, belvederes, masonry chimneys, cupolas, clock towers, and other similar elements are encouraged.

h. Windows/fenestration. Fenestration shall be architecturally compatible with the style, materials, colors, and details of the building, and appropriate to a rural setting. Windows shall be vertically proportioned wherever possible. To the extent possible, upper story windows shall be vertically aligned with the location of windows and doors on the ground level, including storefront or display windows. Blank, windowless walls are discouraged. Storefronts are an integral part of a building and shall be integrally designed with the upper floors to be compatible with the overall faade character. Ground floor retail, service, and restaurant uses should have large pane display windows, framed by the surrounding wall, and shall not exceed 75 percent of the total ground level facade area.

1. Entrances. All entrances to a building shall be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticoes, porches, overhangs, railings, balustrades, and other features, where appropriate. Any such element utilized shall be consistent with the style, materials, colors, and details of the building as a whole, as shall the doors. Awnings are permitted where they compliment the building's architectural style.

j. Light fixtures. Light fixtures attached to the exterior of a building shall be architecturally compatible with the style, materials, colors, and details of the building and shall comply with local building codes. The type of light source used on the exterior of buildings, signs, parking areas, pedestrian walkways, and other areas of a site, and the light quality produced, shall be the same or compatible. Facades shall be lit from the exterior, and, as a general rule, lights should be concealed through shielding or recessed behind architectural features. The use of low-pressure sodium, fluorescent, or mercury vapor lighting either attached to buildings or to light the exterior of buildings shall be prohibited. Mounting brackets and associated hardware should be inconspicuous. All lights shall be shielded to reflect downward and prevent sky glow.

k. Lighting. Street lights shall be decorative and shall blend with the architectural style of the community. Along all commercial or mixed-use streets, parking areas, sidewalks and walkways; decorative light posts shall be provided at regular intervals. Posts shall be spaced at no greater than 80 feet on center on both sides of a commercial or main street. Light posts should be at least ten feet in height. In parking areas post heights may extend to a maximum of sixteen feet.

l. Air conditioners and other fixtures. All air conditioning units, HVAC systems, exhaust pipes or stacks, elevator housing, and satellite dishes and other telecommunications receiving devices shall be thoroughly screened from view from the public right-of-way and from adjacent properties by using walls, fencing, roof elements, or landscaping. In no case will chain-link fencing be permitted. Individual room air conditioning units must be located to the side or rear of structures with the exception of vents or intakes, which should be inconspicuous.

The following parking standards shall apply in the C-2 district.

a. Residential: 1 space per dwelling unit.

b. Hotel: 1 space per room.

c. Office: 2 spaces per 1,000 square feet.

d. Retail/Service: 3 spaces per 1,000 square feet. Retail/service spaces under 1,500 square feet are exempt from parking requirements.

e. Shared parking is encouraged. Parking requirements may be waived by the Planning Board provided that the Applicant can show shared parking is achieved off-site.

f. Parking requirements may be reduced by the Planning Board for developments participating in the Live Where You Work program.

**Webmasters Note: The previous sections, 20-15.1 through 20-15.6, have been amended as per Ordinance No. 2009-13.