Killingworth City Zoning Code
ARTICLE XII
Commercial Districts
§ 500-69 Uses permitted.
In a commercial district, there shall be permitted:
A.
General principal uses requiring a zoning administrative permit. The following general principal uses within an existing building.
[Amended 5-21-2013; 11-1-2016]
A2.
Principal uses requiring site plan approval. Principal uses within an existing building subject to approval of a site plan by the Commission. An application for site plan review for the following principal uses within an existing building shall be prepared and submitted in the same manner as provided in Article XXVI for special exception applications.
[Added 5-21-2013; amended 11-1-2016]
(1)
Bed-and-breakfast in a family dwelling unit in which the resident owner grants or offers to grant for hire no more than four individual sleeping accommodations, with or without meals, intended primarily for the accommodation of transients for a period of less than 14 days, to persons who are not members of the family of the resident owner.
(2)
Barbershops, beauty parlors, laundromats, and cleaning or laundry agencies.
(3)
Dance studios and establishments for musical or theatrical instruction and physical culture.
B.
Special principal uses requiring a special exception. The following special principal uses and buildings and new buildings, alteration of existing buildings, and all new construction for the general principal uses described in Subsections A and A2 only when specifically authorized in the particular instance by a special exception granted by the Commission under Article XXVI.
[Amended 2-1-2009; 2-21-2012; 5-21-2013; 7-15-2014; 11-1-2016]
(1)
Subject to the provisions of Article XVIII, retail stores for the sale of packaged alcoholic beverages for off-premises consumption.
(2)
Hotels, provided that the lot area is equivalent to not less than 4,000 square feet for each guest sleeping room.
(3)
Automobile service stations and car wash enterprises, provided that no part of the lot so used is within 2,500 feet of any part of another lot so used; public garages; automobile, trailer, mobile home, boat and farm equipment sales rooms or outdoors sales areas; public parking areas; and garages for commercial vehicles.
(4)
Theaters for indoor motion-picture projection or dramatic or musical productions.
(5)
Billiard parlors, bowling alleys, indoor skating rinks and similar commercial places of recreation.
(6)
Restaurants, bars, and food service shops.
(7)
Medical clinic or veterinary clinic.
(8)
Churches, parish houses, convents and similar religious buildings.
(9)
Child day-care center, whether or not operated for profit, but not including a camp operated for profit.
(10)
Mixed uses in Large Commercial District. A mixture of permitted commercial uses and residential dwelling units may be permitted in the Large Commercial District, provided that:
(a)
No more than 50% of the gross square footage of existing buildings shall be used as residential dwelling units and no more than 25% of the gross square footage of new construction shall be residential dwelling units.
(b)
The number of residential units is limited to 10.
(c)
No residential units shall be allowed on the basement or first floors.
(d)
Dwelling units shall have a minimum floor area of 500 square feet.
(e)
No residential dwelling unit shall have more than two bedrooms.
(f)
There shall be no public access to individual dwelling units from the exterior of the building. Individual residential units shall enter and exit to an interior common space rather than directly to the outside, except for exits as required by the building or fire codes.
(g)
A common area for residential occupants such as a lobby or mailbox station may be permitted on the ground floor, provided the gross square footage does not exceed 500 square feet.
(h)
Studio and one-bedroom apartments shall be assigned one parking space, two-bedroom apartments shall be assigned two parking spaces.
(11)
Undertaker's establishment.
(12)
Medical marijuana dispensaries subject to the conditions prescribed in or pursuant to Article XXXVII.
(13)
Microbrewery, microwinery. An establishment, distinct from restaurants and brew pubs, that manufactures no more than 1,000 barrels of beer or wine per year with approval from the State of Connecticut Liquor Control Commission and may include such activities as both wholesale and retail sales of sealed products brewed on site, tasting rooms, tours, events and educational classes, provided said activities are specifically authorized by special exception.
C.
Accessory uses. Accessory uses are clearly incidental and subordinate to the principal use and are located on the same lot with an approved principal use or building. The following accessory uses are allowed provided:
[Amended 7-15-2014]
(1)
Signs. Any sign in conformance with the requirements prescribed therefor in Article XVII, Signs, of these regulations.
(2)
Vehicles. The parking or storage of up to five commercial vehicles accessory to a use described in Subsection A, A2 or B provided:
(3)
Tanks. Petroleum, kerosene, or propane tanks aboveground not exceeding 1,000 gallons' capacity.
(4)
Mechanical equipment. Mechanical equipment, storage areas, service areas, trash receptacles, and similar accessory structures and uses shall be concealed within the roof or enclosed within a structure. Where this is not possible, mechanical elements shall be located so that they are not visible from public streets or adjacent residential areas. Mechanical equipment located at ground level shall be adequately screened and landscaped.
(5)
Caretaker's apartment. The dwelling or living quarters of a guard, caretaker, or superintendent within the main commercial building in the Commercial District. The number of bedrooms is limited to two when the area of the lot upon which the principal use is located is two or more acres and is limited to one when the area of the lot upon which the principal use is located on less than two acres.
(6)
Processing of trees, logs, or branches accessory to an approved nursery or garden center for the purpose of producing wood chips or mulch to be stored and sold on the site. Such processing shall be limited to a period of four weeks during January, February, or March and to designated areas on the premises and shall be subject to site plan approval as specified in Subsection A2. The duration of a permit for processing shall be for a period of one year. Permits are renewable. The Commission shall take into consideration the past performance of the applicant in considering the renewal of any permit.
(7)
Drive-through windows. Drive-through service at restaurants shall be allowed in commercial districts by special exception and where the following standards are met:
[Added 10-20-2020]
(a)
The drive-through area of service shall be limited to a separate traffic lane which is separately designated for use by drive-through service patrons and where adequate provision has been made for pedestrians to park and safely reach the window for on-foot service or, for drive-through service, without crossing through adjacent lanes of moving traffic or stacking lanes for drive-through service in order to pass from the parking lot to the building.
(b)
The drive-through service lane shall be at least 10 feet in width.
(c)
The drive-through service lane shall be located in an area where it will not unduly interfere with the orderly flow of traffic generated by non-drive-through patrons.
(d)
Adequate queuing for vehicles approaching the drive-through service facility shall be provided.
D.
Commercial cluster development. Commercial development in which three or more new commercial buildings are sited in a group, with varying setbacks and landscaping between structures and the roadway, only when specifically authorized in the particular instance by a special exception granted by the Commission under Article XXVI and provided the maximum building coverage for the lot is not exceeded.
[Added 5-21-2013; amended 11-1-2016]
§ 500-70 Landscaping.
All lots used in a commercial district shall provide a strip of land not less than six feet wide, adjacent to and extending for the length of the street line, which strip shall be kept in lawn and shrubs or otherwise suitably landscaped. Such strip may be transversed by not more than two driveways, and one additional driveway for each 200 feet of frontage of the lot in excess of 300 feet.
§ 500-71 Buffer strips in commercial zones.
In a commercial district, where any lot or part thereof adjoins any residence district without separation by a roadway, there shall be a landscaped strip 15 feet wide, seeded to grass and properly planted to trees and shrubs to ensure a proper break and screen between the commercial and residence districts. Plans showing the work to be done with assurances of completion and future maintenance shall be filed with and approved by the Zoning Enforcement Officer before such lot or portions thereof may be used for commercial purposes. Such strip may be in either district, but the ownership of such strip must be and remain in the same person, persons, firm or corporation as the premises, or portion thereof, devoted to such business use. Failure to maintain such strip in good condition shall constitute a violation of these regulations by the owner of such lot or portion thereof.
§ 500-72 Required characteristics. [1]
The lot and the buildings involved in any general or special use in a commercial district shall conform to the following characteristics:
A.
Minimum lot area: one acre.
B.
Minimum lot rectangle: 150 feet by 150 feet.
C.
Front setback: 60 feet. For a commercial cluster development, the front setback for individual buildings is 20 to 80 feet from the access road.
D.
Side setbacks, each: 40 feet.
E.
Rear setback: 40 feet.
F.
Maximum building coverage: 25%.
G.
Maximum building height: 35 feet. In the Large Business Zone, the Commission may, at its discretion, to accomplish the purposes of § 500-187G, allow a maximum building height of 45 feet, provided that the base floor-to-ceiling height of space used for human occupancy does not exceed three floors and 35 feet.
H.
Impervious surfaces coverage: 40%.
[Added 8-2-2011]
[1]
Editor's Note: See also Appendix 1.