Killingworth City Zoning Code
ARTICLE XII
Commercial Districts
[Amended 2-1-2009; 8-2-2011; 2-21-2012; 5-21-2013; 7-15-2014; 11-1-2016; 10-20-2020; 6-25-2026]
§ 500-69 Uses permitted.
In a commercial district, there shall be permitted the following uses under the procedures indicated:
A1.
General principal uses requiring a zoning permit. (Article XXVII) The following general principal uses within an existing building are allowed upon issuance of a zoning permit, provided that the use will occupy less than 1,000 square feet of floor area. For any use listed in this section, regardless of floor area, the Zoning Enforcement Officer may refer the application for review and approval by the Commission as a site plan review application.
(1)
Professional and other business offices and financial institutions including drive-up service.
(2)
Retail service establishments and retail stores not requiring a site plan review or special exception pursuant to Subsection A2 or B of this section.
(3)
Barbershops, beauty parlors, laundromats, cleaning or laundry agencies, or like uses.
(4)
Bakeries, confectionery stores, and other like uses.
(5)
Bed-and-breakfast.
(6)
Child day-care center, whether or not operated for profit, but not including a camp operated for profit.
(7)
Dance studios, establishments for musical or theatrical instruction, physical culture, or other like uses.
(8)
Post office, postal services, and other like uses, excluding distribution centers.
A2.
Principal uses requiring site plan approval. Principal uses within an existing building where the use will occupy more than 1,000 square feet of floor area are 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, together with the information specified in Article XXVI, §§ 500-150, 500-151, and 500-152.
(1)
Bed-and-breakfast.
(2)
Barbershops, beauty parlors, laundromats, cleaning or laundry agencies, or like uses.
(3)
Dance studios, establishments for musical or theatrical instruction, physical culture, or like uses.
(4)
Religious facilities.
(5)
Child day-care center, whether or not operated for profit, but not including a camp operated for profit.
(6)
Professional and other business offices and financial institutions including drive-up service.
(7)
Post office, postal services, and other like uses, excluding distribution centers.
(8)
Retail service establishments and retail stores not requiring a special exception pursuant to Subsection B of this section.
B.
Principal uses requiring site plan approval from the Commission. The following principal uses in new buildings require a site plan approval by the Commission. The Commission may require a public hearing.
(1)
Religious facilities.
(2)
Child day-care center, whether or not operated for profit, but not including a camp operated for profit.
C.
Principal uses requiring Summary Review approval from the Commission. The following principle uses in new or existing buildings require a summary review approval by the Commission.
(1)
Transit community middle housing development.
D.
Principal uses requiring a Special Exception. The following principal uses in existing or new buildings and all new construction for the general principal uses described in Subsections A1 and A2 are permitted only when specifically authorized in the particular instance by a special exception granted by the Commission under Article XXVI. The site design, architecture, scale, and massing of buildings shall provide the aesthetic qualities associated with rural New England towns, enhance the historic nature of the central area of Town, harmonize and remain compatible within the Commercial District, and reserve the rural appearance of the area.
(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 or like uses.
(5)
Billiard parlors, bowling alleys, indoor skating rinks and similar indoor or outdoor commercial places of recreation.
(6)
Restaurants, bars, or like uses.
(7)
Medical clinic or veterinary clinic.
(8)
Mixed uses in Commercial Districts. A mixture of permitted commercial uses and residential dwelling units may be permitted in the Commercial Districts, provided that:
(a)
The number of residential units is to be determined by compliance with the Public Health Code.
(b)
No residential units shall be allowed on the basement level or first floors of a mixed use building.
(c)
A common area for residential occupants is permitted.
(d)
Buildings shall have the required minimum parking spaces. EV infrastructure shall be built out as required by state statute.
(9)
Funeral facilities (excluding crematoriums).
(10)
Medical marijuana dispensaries subject to the conditions prescribed in or pursuant to Article XXXVII.
(11)
Microbrewery, microwinery.
(12)
Multi-family may be located in Commercial Districts provided that:
(a)
Common basements may be used for laundry and individual storage units, but not for human habitation. Basements of individually owned units may be finished as allowed by state building code.
(b)
Maximum number of units and/or bedrooms to be determined by compliance with the Public Health Code.
(c)
Site may contain multiple buildings. All buildings to have maximum height of 35 feet.
(d)
Buildings shall have the required minimum parking spaces. EV infrastructure shall be built out as required by state statute.
(13)
Self-storage facilities.
E.
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.
1.
The following accessory uses are allowed with a zoning permit in accordance with Article XXVII.
(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 A1, A2 or B provided:
(a)
No such vehicle is used as a storage building and the parking or storage of such vehicles shall conform to all of the setback requirements for buildings and other structures;
(b)
Such vehicles are regularly used for transportation.
(3)
Tanks. Petroleum, kerosene, or propane tanks aboveground not exceeding 1,000 gallons' capacity. Underground propane tanks shall not exceed 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)
Accessory storage buildings. A site plan is required showing conformance with current zoning requirements. Health Department and/or Fire Marshal approval may be required.
2.
The following accessory uses are allowed with site plan approval by the Commission. The Commission may require a public hearing.
(1)
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.
(2)
Processing of trees, logs, or branches as an accessory use 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 no more than 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. Applicants must apply for a new permit each year. The Commission shall take into consideration the past performance of the applicant in considering any new permit.
(3)
Drive-through windows. Drive-through service at restaurants shall be allowed in commercial districts by special exception and where the following standards are met:
(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 Adequate provision shall be made for pedestrians to park and safely reach the front door of any building, or any window for on-foot service, without crossing through lanes of moving traffic or stacking lanes for drive-through service in order to pass from the parking lot to the building or on-foot service window.
(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 queueing for vehicles approaching the drive-through service facility shall be provided. A traffic study may be required.
F.
Commercial cluster development. Commercial development in which two or more commercial buildings including mixed use and multi-family 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.
§ 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: 50 feet. Setback on state road may be further if required by State DOT. For a commercial cluster development, the front setback for individual buildings is 20 feet from the access road.
D.
Side setbacks, each: 10 feet if adjacent to a commercial zone and 30 feet if adjacent to a residential zone.
E.
Rear setback: 10 feet if adjacent to a commercial zone and 30 feet if adjacent to a residential zone.
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 distance between the floor of the lowest habitable story to the maximum ceiling height of the highest story used for human occupancy does not exceed three stories or 35 feet, whichever is the least.
H.
Impervious surfaces coverage: 40%.
[1]
Editor's Note: See also Appendix 1.
§ 500-72.1 Summary Review requirements.
All developments requesting approval by Summary Review shall meet the following requirements.
In addition to site plan requirements listed elsewhere in these regulations, all site plan applications shall include building(s), parking locations including driveways and interior roads, lighting locations, septic system(s) and wells; a separate landscaping plan; a separate lighting plan; the interior layout of buildings and individual units; list of exterior materials to be used.
A.
It shall consist of a single building of two to nine residential units.
B.
Existing buildings to be redeveloped to include all requirements.
C.
Building design shall have the following characteristics:
(1)
Exterior of building.
(a)
Roofs including but not limited to gambrel, hip, dormer, saltbox design. Flat roofs are prohibited. Tarpaper roofing material is prohibited.
(b)
Roofs to have dormer windows, gables, or other similar details. Overhangs of at least 16" are required.
(c)
Exterior walls to have a horizontal break, measured at the foundation, at a minimum of one horizontal break for every 20 feet of wall length, and having a depth of at least two feet.
(d)
Exterior walls shall not be concrete (painted or non-painted) except for exposed foundations not to exceed two feet in height. Other prohibited exterior materials include EFI, plywood, stucco, Texture 1-11 or panelized surfaces.
(e)
Each unit shall have at least one architectural window, including but not limited to bay, box or bow.
(f)
There shall be open air, covered or screened porches for each unit. Porches must be at least 4'x10' and fit the design of the building.
(2)
Parking.
(a)
Open parking lots to be located to rear of the lot.
(b)
Open parking lot lighting to have Dark Sky compliant fixtures mounted on poles not to exceed 12 feet.
(c)
Private individual driveways and/or garages attached to units do not need to be located to the rear of principal building. Detached garages may be located along side of property or to rear.
(d)
All parking areas and interior road/driveways to be paved with bituminous concrete or concrete. No gravel or dirt parking areas.
(3)
Lighting.
(a)
Dark Sky lighting compliant fixtures are required for all exterior lighting.
(b)
There shall be a minimum of one decorative light at each entrance doorway, including garages and at least one post light, a maximum of 12 feet high between the building and any occupant parking lot and between the building and any adjacent street.
(4)
Landscaping.
(a)
All landscaping plants, trees, shrubs, flowers and grasses to be guaranteed for a minimum of 1 yr.
(b)
No pine straw to be used for ground cover or mulch.
(c)
All unpaved ground areas to be landscaped with grass or groundcover. Mulch or pea-stone to be used in planting beds, landscaped islands or around trees only.
(d)
Foundation plantings to be evenly spaced, covering at minimum of 50% of foundations visible from public view. Plantings to be 2 and 5 gal. size with even amount of flowering shrubs and evergreens. All plantings to be non-invasive.
