The Borough Zoning Commission (BZC) has formulated a draft proposal for new borough zoning regulations concerning "landmark properties," which is intended to encourage the restoration and preservation of buildings considered to have historic and cultural value.

The goals of the proposed rules, which would regulate the use of a designated structure in a proposed Landmark Property Overlay Zone (LPOZ), are protecting property values, fostering a sense of history and civic pride, preserving architectural heritage, and protecting community amenities. Individual affected buildings would have their own LPOZ zone. Such a land use zone would not amount to a "historic district," according to the BZC's draft proposal.

Such zoning regulations would affect nonprofit and not-for-profit uses of landmark buildings. Educational uses would be allowed, such as instruction geared toward support of the public school curriculum.

BZC members have been discussing developing such land use rules for many months, with a focus on creating rules that initially would be applied to Edmond Town Hall, the former seat of town government at 45 Main Street. That building is in a R-1 (Residential) zone.

When town government offices left Edmond Town Hall in October 2009, and moved to Newtown Municipal Center at Fairfield Hills, the town stopped paying the Edmond Town Hall Board of Managers rent for that office space, eliminating a large portion of the revenue that the managers received to operate the building. That major revenue cut has resulted in local officials now seeking new sources of income to run the building.

Paradoxically, although the town owns Edmond Town Hall, it had paid rent to the Board of Managers, which is the designated management entity for the structure, under the terms of a state law covering Edmond Town Hall. The town government now subsidizes Edmond Town Hall's operations through its annual municipal budget. It also covers the costs of various capital improvement projects for the building.

The Board of Selectmen has endorsed having space in Edmond Town Hall rented out as professional office space at market rates as a way to greatly increase the annual revenue produced by the building.

Proposed Regulations

Under the BZC's proposed zoning regulations, a "borough landmark property" could be any residentially zoned property as designated by the BZC under the terms of the LPOZ rules.

The nine-page draft proposal lists a set of standards for a property's receiving LPOZ status. Such structures must be at least 40 years old, and exhibit uniqueness, historical significance, architectural distinctiveness, and cultural importance, among other qualities.

Applicants for LPOZ status would apply for a "change of zone" under the terms of applicable state law and the BZC's regulations.

The proposed zoning regulations also address the formation of a "landmark property review committee," which would be comprised of four people who are not BZC members, to review applications for LPOZ status. The committee would make recommendations to the BZC on whether a structure qualifies as a "borough landmark building."

An application for rezoning that seeks LPOZ status would list a range of information on the historic/cultural significance of a structure, plus information on proposed uses of the structure, data on who would occupy the property, and a set of architectural and landscaping plans describing how the property would be preserved and restored. BZC review would be subject to a public hearing. BZC approvals may include a change of zone and, optionally, a special zoning permit.

Potential uses allowed by a special zoning permit may include the principal uses and the accessory uses that are currently allowed in a Residential zone, plus not-for-profit uses and nonprofit uses, charitable uses, and educational uses.

The proposed zoning rules list the procedures required for applicants seeking special zoning permits.

Generally, an application would require a description of past efforts that have been made to have a structure achieve financial self-sufficiency, signage plans, parking plans, lighting plans, and an explanation of how the building's proposed uses are necessary for its preservation.

Also, under the proposed zoning regulations, the exteriors of buildings that have LPOZ status may not be reconstructed, altered, expanded, or demolished without first receiving approval for such actions through a special zoning permit. The proposed regulations list routine maintenance and repairs as exceptions.

Copies of the detailed Landmark Property Overlay Zone (LPOZ) rules proposal are available for public review at the town's Land Use Agency office at Newtown Municipal Center, 3 Primrose Street.

On September 7, the Planning and Zoning Commission (P&Z) is scheduled to review and formally comment on the LPOZ zoning rules proposal and make recommendations to the BZC. The P&Z serves as the borough's planning agency and makes recommendations to the BZC on proposed zoning rule changes.

After it formulates a final LPOZ zoning rules proposal, the BZC would conduct a public hearing, after which it would take action.

The Borough of Newtown is a densely developed 2.3-square-mile governmental tax district in the center of the Town of Newtown. The town comprises 59.1 square miles, including the borough.