Killingworth City Zoning Code

A building or structure, in addition to the principal building, which is clearly subordinate to, and customarily incidental to, and located upon the same lot as, the principal building or on a contiguous lot under the same ownership. Any accessory building physically attached to a principal building shall be deemed to be a part of such principal building in applying the regulations to such building.

A separate dwelling unit that (A) is located on the same lot as a principal dwelling unit of greater square footage, (B) has cooking facilities, and (C) complies with or is otherwise exempt from any applicable building code, fire code and health and safety regulations; the accessory dwelling unit may be attached to a single family dwelling or in a separate structure.

Any improvement which is attendant, subordinate and customarily incidental to the principal improvement on the same premises.

A use, in addition to the principal use, which is clearly subordinate to, and customarily incidental to, and located upon the same lot as, the principal use or on a contiguous lot under the same ownership.

Forty-three thousand five hundred sixty square feet.

An acre as determined by § 500-44 and Appendix B.[1]

A residential community providing housing where occupancy is restricted such that at least one occupant in each unit at time of sale is age 55 or older to the extent permitted by Federal and State Fair Housing Laws and any other applicable laws. No residents below the age of 18 are allowed. This restriction shall be incorporated into the respective deeds of the units, shall be enforceable by the Town of Killingworth, and shall remain in effect unless modified by the Commission and the owner(s) of the property.

Includes cultivation of the soil, dairying, raising or harvesting of any agricultural or horticultural commodity, including but not limited to crops, fruits, vegetables, maple sugar, mushrooms, and livestock, including horses, cattle, sheep, goats, bees, and poultry as defined under Connecticut General Statutes § 1-1(q).

All spirituous and intoxicating liquors as defined in the General Statutes of the State of Connecticut, as amended.

A service station, filling station, store, garage or other place of business for the sale of gasoline or other fuel products intended for use in the propelling of motor vehicles using combustion or other type engines. It shall also mean the business of a "limited repairer" as defined in § 14-51 of the Connecticut General Statutes, as the same may from time to time be amended, which shall be considered a use which is customarily incidental to the use of an automobile service station.

A building accessory to a farm and used primarily for agricultural purposes, but not used for human habitation.

Thirty-one U.S. gallons.

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.

Any improvement having a roof and intended for the shelter, housing or enclosure of persons, animals, or materials. Any other improvement more than eight feet high shall be considered as a building, including a solid fence or wall, but excluding trees, shrubs and utility transmission towers, or an electric light, telephone or telegraph pole, highway or railroad bridge or flagpole.

The ground area enclosed by the walls of a building, together with the area of all porches and other roofed or walled portions of the building.

The provisions of Chapter 541 of the Connecticut General Statutes and any state or local regulations adopted pursuant thereto and in force in the Town, as the same may from time to time be amended.

The percentage which the aggregate area of all buildings on the lot bears to the area of the lot.

The greatest vertical distance between the finished grade elevation at any point of consideration and the highest point of the building, including rooftop service structures housing mechanical equipment.

A line parallel to a street at a distance equal to the required setback from the street line or at a greater distance when otherwise legally established by the Town or these regulations.

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 is less than two acres.

The line which may be drawn through all the points which are equidistant from the boundary lines of property on each side of the roadway.

A facility that offers or provides a program of supplementary care to more than 12 related or unrelated children outside their own homes on a regular basis for a part of the 24 hours in one or more days of the week.

An association of persons which is the owner, lessee or occupant of an establishment operated solely for a recreational, social, fraternal, religious, political or athletic purpose, whose facilities and activities are confined to the members thereof and their guests and are not extended to the general public, but such term does not include any such association or establishment organized or operated for profit or the chief activity of which is a service customarily carried on as a business enterprise.

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.

The Killingworth Planning and Zoning Commission.

A dwelling unit or group of dwelling units, on one or more lots that need not be contiguous, licensed to provide a living environment for unrelated residents who operate as the functional equivalent of a family, including such supervision and care supportive staff as may be necessary to meet the physical, emotional, and social needs of an aged person, a physically disabled or handicapped person, a developmentally disabled person, an undangerous mentally ill person, or other disabled person requiring such a supported living environment.

Also nursing home, rest home, convalescent hospital, special service nursing home, extended care facility, personal care home, residential care home, home for the aged, boarding home for the aged, and similar titles. "Convalescent home" does not include a hospital, clinic, or diagnostic or treatment center. The facility must be constructed with the intent of complying with state regulations for the licensing of such institutions.

A grouping of at least four detached housing units, or live work units, per acre that are located around a common open area.

An occupation, profession, activity, or use that is clearly a customary, incidental, and secondary use of a residential dwelling and which does not alter the exterior of the property or affect the residential character of the neighborhood. A customary home occupation may include the office of an architect, lawyer, engineer, accountant, psychologist, counselor, or other recognized professional person residing on the premises, and the making of handicrafts, art work, clothing, needlework, pottery, and similar arts and crafts occupations carried on by a resident of the premises. "Customary home occupation" does not include an occupation that involves a substantial patronage visiting the premises, frequent shipments by common carrier in the purchase or sale of products, or the sale of food or beverages except in furnishing board to occupants of the premises.

An accessory building which is not attached to the principal building by any covered porch, breezeway or other roofed structure.

A district established by the provisions of Article III of these regulations as the same may from time to time be amended.

A private way used solely for access to one principal building by the occupants thereof and their guests and invitees.

Any building or portion thereof designed and/or used for human habitation on a closed solid foundation, using permanent weatherproof exterior materials, constructed with ceilings and walls finished on the interior with lath and plaster or some comparable material; with facilities which are used or intended to be used for living, sleeping, cooking and eating; connected to a safe water supply with adequate sanitary sewerage disposal facilities; and equipped with at least one furnace or other customary form of heating apparatus which, in conjunction with proper insulation, is capable of maintaining a healthful interior room temperature of 69° F., with healthful ventilation, when the outside temperature is 0° F. or lower.

Property which contains multiple separate living units in one building or within a complex of buildings. Units may be rentals or individually owned.

A single structure containing three separate dwelling units on each lot, each having both a kitchen and a bathroom and used for occupancy by three families living independently of each other.

Any room or group of rooms located within a residential building and forming a single habitable unit with facilities which are used or intended to be used for living, sleeping, cooking and eating by one family.

A single, detached dwelling on one lot designed and/or used for residential purposes for one family only. One or more rooms in a one-family dwelling which are arranged or used for separate occupancy by a person or persons related by blood or marriage to the occupant(s) of the dwelling shall be considered as an accessory use, and shall not constitute a separate dwelling; provided, however, that such room(s) contain no provisions for cooking, eating, or dishwashing, and provided further that no compensation is paid for such occupancy.

A single structure containing two separate dwelling units on one lot, each having both a kitchen and bathroom and used for occupancy by two families living independently of each other.

Any material geologically formed through natural processes and existing in the upper layer of the earth's surface, including but not limited to soil, loam, peat, peat humus, peat moss, sand, gravel, stone, and all forms, compositions and mixtures thereof.

An individual dwelling alone or a group of individuals dwelling together as a single housekeeping unit, provided that such group consists only of individuals each related to all others by blood, marriage or adoption. A group of up to three unrelated persons in which any one or more members do not use, in common with all other members, all kitchen and dining facilities shall not be considered as dwelling together as a single housekeeping unit.

Consists of a private family home caring for not more than six children, including the provider's own children not in school full time, where the children are cared for not less than three nor more than 12 hours during a twenty-four-hour period and where care is given on a regularly recurring basis. During the regular school year, a maximum of three additional children who are in school full time, including the provider's own children, shall be permitted, except that if the provider has more than three children who are in school full time, all of the provider's children shall be permitted.

See "agriculture and farming."

That area located within the real or theoretical limits of the base flood or base flood for a critical activity as defined under § 25-68b of the Connecticut General Statutes.

That area which has a minimum headroom of seven feet when measured vertically upward from a finished floor; but in the area next below the roof, such space shall be counted only if it is connected with the floor below by a permanent, fixed inside stairway. Basement rooms, garages or any other form of attached structure, cellars, rooms for heating equipment, and open or enclosed porches shall not be included.

A place of business where meals prepared on the premises and served to patrons for on-premises consumption are offered. The term does not include a place where food or meals are offered for off-premises, automobile or curb service consumption.

The final elevation, upon the completion of development or construction, of the average ground level adjoining a building or other structure at all exterior walls or points of the foundation. "Finished grade" shall indicate that amount of grading customarily necessary for the construction of the subject building or structure, and not filling or excavation for the purpose of altering the required building height, achieving scenic views or vistas, or other purposes not customarily necessary to construction.

Offers or provides a program of supplementary care to not fewer than seven nor more than 12 related or unrelated children on a regular basis for a part of the 24 hours in one or more days in the week.

Any building or structure within the municipal boundaries which, in whole or in part, is known or presumed to be at least 75 years old and which meets one or more of the following criteria:

An accessory building such as a stable or barn used for the lodging, feeding, or care of a horse or horses solely owned by the property owner/occupant.

A stable or barn where horses owned by others besides the property owner/occupant may be boarded for profit or gain.

A stable or barn where horses are kept for profit or gain and where, in addition to boarding, other horse-related activities, including but not limited to riding instruction, renting horses and horse shows, are offered.

A building providing lodging for persons, with or without meals, and intended for the accommodation of transients and so designed that normal access to individual lodging units is gained through a single common building entrance and lobby.

Any domesticated animal kept for pleasure rather than utility or profit which is normally kept within a residence and includes among others dogs, cats, gerbils, guinea pigs, hamsters, reptiles, birds, turtles, and tropical fish.

A surface composed of any material that impedes or prevents natural infiltration of water into the soil. Impervious surfaces shall include but are not limited to eaves, roofs, (including overhangs), solid decks, driveways, patios, sidewalks, parking areas, tennis courts, concrete or asphalt streets, or compacted gravel surfaces. Slatted decks, porous paving with a runoff coefficient of less than 25% including grass pavers, ponds, streams and other water surfaces, including the water area of swimming pools shall be considered to be pervious. Calculation of impervious surfaces for streets shall include the area compacted for pavements of gravel base.

Any structural addition to or other change in the condition of land, including the underground installation of utility lines.

Any permit or permission to proceed issued by the Killingworth Inland Wetlands and Watercourses Commission pursuant to a ruling made pursuant to Article VI of Chapter 470, Inland Wetlands and Watercourses Regulations.

A kennel maintained for the keeping of dogs for commercial purposes, including boarding, grooming, and breeding two or more litters of dogs per year.

A kennel for the keeping of no more than six adult dogs as pets and for breeding no more than two litters of dogs per year. Dogs are kept under one ownership at a single location and are bred for show, sport, or sale.

Dwelling units are required to have a room or space for food storage, preparation, and cooking, including space for a stove or other cooking facilities, refrigerated food storage, and a properly connected kitchen sink with hot and cold running water and a sewer system.

Domestic animals (other than dogs, cats or poultry) kept for use or profit.

A plot or parcel of land separately described in a deed of record which is occupied, or capable of being occupied, in conformity with these regulations, by one principal building and the accessory buildings or uses customarily incident to it, including such open spaces as are required by these regulations, and which, in addition, meets the minimum area, minimum lot rectangle, and other applicable requirements of these regulations for the zone in which such parcel is located, or is a legal nonconforming parcel, as defined in these regulations. In the case of institutional or commercial buildings, a group of buildings under the same ownership may be considered as occupying the same lot.

The area of a horizontal plane bounded by all lot lines.

A lot at the intersection of and abutting on two or more roadways where the angle of intersection is not more than 135° or where the intersection is rounded by a curve having a radius of less than 100 feet.

The ratio between the building area and the gross area of the lot.

The length of the shortest straight line between side lot lines and located entirely within the lot, and passing through any point(s) of the front lot line, and having its minimum length in accordance with these regulations.

The established division line between lots.

A parcel of land having less than the required frontage on a public street or subdivision street as specified under § 500-17 of these regulations. Such parcels may be used as building lots only as part of an approved subdivision and as prescribed under § 485-49B(4) of the Subdivision Regulations requiring an owned way of access and a four-acre minimum buildable lot area.

Maps for the Town of Killingworth prepared by the Middlesex County Cooperative Extension Service.

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.

One contiguous rectangular area within a lot. The minimum lot rectangle shall not contain inland wetlands or watercourses as defined by the Killingworth Inland Wetlands and Watercourses Regulations,[3] a slope greater than 25%, or special flood hazard areas. Any principal building and its associated septic system, if any, shall be located entirely within the minimum lot rectangle; the well, if any, serving such principal building need not be located within the minimum lot rectangle.

Any improvement or characteristic of any land or improvement which does not conform to these regulations but which was legally and actually existing at the effective date of these regulations or any pertinent amendment thereto.

Any use of land or improvement which is not a use permitted by these regulations but which was legally and actually existing at the effective date of these regulations or any pertinent amendment thereto.

Any organization exempt from federal income tax under the provisions of Section 501(c) of the Internal Revenue Code which is organized and operated exclusively for religious or charitable purposes, for the benefit of the general public without shareholders and without a profit motive and excluding a club or homeowners' association organized and operated for the benefit of its members.

An accessory structure or appliance designed to be located outside living space ordinarily used for human habitation and designed to transfer or provide heat, via liquid or other means, through the burning of wood, for heating spaces other than where such structure or appliance is located, any other structure or appliance on the premises, or for heating domestic, swimming pool, hot tub or Jacuzzi water. The rated thermal output of the furnace shall not exceed 350,000 BTU per hour. "Outdoor wood-burning furnace" does not include a fire pit, wood-fired barbecue or chiminea. The furnace shall not be installed in a basement, a garage, or a shed attached to a residence or principal building.

Any contiguous piece of land, including one or more contiguous lots of record, unified under the same ownership, whether or not every said piece of land was acquired at the same time, excluding, however, any parcel which is a "lot," as that term is defined in these regulations.

A three-story residential building with a central entrance containing two dwelling units per story.

That document adopted by the Planning and Zoning Commission under the authority of Connecticut General Statutes § 8-23, as the same may be amended from time to time.

The effect or condition defined in § 22a-38(8) of the Connecticut General Statutes.

The primary purpose or function for which a premises is used, designed, or intended to be used.

A road not open to the general public and owned in fee by an association of unit owners in a subdivision approved under § 485-50D of the Subdivision Regulations; or a road not open to the general public and owned by an association of unit owners in an approved Active Adult Community under Article XXXIX of these Regulations.

A business of offering to the public spaces within a building on the premises of the use for the parking or storage of motor vehicles.

A dispensary facility, production facility, cultivator, micro-cultivator, retailer, hybrid retailer, food and beverage manufacturer, product manufacturer, product packager, delivery service or transporter. Each one of these cannabis establishments has the same definition as set forth in Section 1 of § 21a-240 of the Connecticut General Statutes. The term "Recreational Cannabis Establishment" shall not include a "Dispensary Facility" or a "Production Facility" for Medical Marijuana, as regulated in Art. XXXVII of these regulations.

A structure or place in which worship, ceremonies, rituals, and education pertaining to a particular system of beliefs are held. Religious Facilities shall be nonprofit.

That effect or condition defined in § 22a-38(9) of the Connecticut General Statutes.

A place of business where a menu selection of hot meals, including supper and either breakfast or lunch, prepared on the premises and served to patrons seated at tables, for on-premises consumption, is offered on a regular daily basis (exclusive of holidays and one weekly day of rest). The term does not include a place where food or meals are offered for off-premises, automobile or curb service consumption. The service of alcoholic beverages to patrons seated at tables as an appurtenance of a meal, or while waiting to be seated for a meal, shall be considered a use which is customarily incidental to the use of the restaurant. Neither a restaurant nor any other place where food is sold or served shall be considered an accessory use to any use, except that a restaurant for the exclusive use of the employees of a business on the same premises shall be considered an accessory use to such business.

A school, charter school, technical school, or community college maintained by a municipal, regional, or state board of education.

The required open space between any building and a lot line. The distance prescribed for a setback is measured perpendicularly from each lot line.

See § 500-108.

Any tree, measured 4 1/2 feet above the grade, with a circumference of 57 inches (a diameter of 18 inches) or greater; or a tree that is of mature size for its species.

A detailed, scalable map of a specific property that shows all existing and proposed structures (that are part of the application), features, and conditions, including buildings, landscaping, driveways, easements, and utility lines. Also to be shown are any wetlands, existing and proposed contours. Flood Plains, if exist, to be shown. Site plan to have zoning table, including buildable soils total.

David E. Hill. The Connecticut Agricultural Experiment Station. Bulletin 776, New Haven, 33 pp., June 1979.

United States Department of Agriculture, Soil Conservation Service, in cooperation with Connecticut Agricultural Experiment Station, Storrs Agricultural Experiment Station, February 1979, as the same may hereafter from time to time be amended.

A tree that is notable and distinctive by virtue of its size, canopy, color, texture, flowers, scent, quality for its species, or rarity.

See "horse stable."

That portion of a building included between the surface of any floor and the surface of the floor next above it, or if there is no floor above it, then the space between any floor and the ceiling next above it.

An improved right-of-way or fee simple parcel of land dedicated and accepted by the Town or the State of Connecticut for the purpose of public travel by lawful procedure and suitable for vehicular travel, or a proposed street shown on a subdivision plan approved by the Commission in accordance with the applicable provisions of the Killingworth Subdivision Regulations.[4]

Any roadway which is within a subdivision and is shown on a plan of subdivision approved by the Commission and which is for, and is open to, vehicular travel by the general public or by all residents of the subdivision.

Anything which is constructed or erected and the use of which requires more or less permanent location on ground or water areas or attachment to something having permanent location on ground or water areas, not, however, including wheels; an edifice or a building of any kind; any production or piece of work, artificially built up or composed of parts and joined together in some definite manner, including signs, vending machines, fences or walls, a wharf or dock, an aboveground tank, or a detached solar panel or satellite dish. A structure shall not include a flagpole or an ornamental well.

The greatest vertical distance between the finished grade elevation at any point of consideration and the highest point of the structure.

Able to be approved in accordance with the terms of a zoning regulation or regulations, including, but not limited to, requirements concerning setbacks, lot size and building frontage, applicable to a proposed development, and without requiring that a public hearing be held, a variance, special permit or special exception be granted or some other discretionary zoning action be taken, other than a determination that a site plan is in conformance with applicable zoning regulations and that public health and safety will not be substantially impacted.

A property survey of a horizontal accuracy Class A-2 conforming to Sections 20-300b-1 to 20-300b-20 of the Regulations of Connecticut State Agencies, Minimum Standards of Accuracy, Content and Certification for Surveys and Maps; Article I, Types of Surveys.

Sale on the premises of the owner of household items, clothing, tools, and other personal belongings previously used on the premises.

The Town of Killingworth.

A residential building containing not less than two dwelling units but not more than nine such units, including, but not limited to, townhomes, duplexes, triplexes, perfect sixes and cottage clusters.

Any purpose for which a building, structure, or premises may be designed, arranged, intended, maintained, or occupied, or any activity, occupation, business, or operation actually carried on in a building or other structure or on a lot or parcel.

A frame building not exceeding 200 square feet in area used for the sale of farm or garden produce raised on the same premises on which such building is located or on other premises of the owner of the premises on which it is located.

A vernal watercourse characterized by a seasonally flooded depression which does not support a permanent fish population and as defined by the Inland Wetlands and Watercourses Commission as the same may hereafter from time to time be amended.

Those areas identified and defined in § 22a-38 of the Connecticut General Statutes as the same may hereafter from time to time be amended.

Those areas identified and defined in §§ 22a-32 and 22a-38 of the Connecticut General Statutes and officially delineated by the Inland Wetlands and Watercourses Commission as the same may hereafter from time to time be amended.