For the purpose of these regulations, the following terms and words shall have the meaning hereto assigned to them. The singular number includes the plural, and the plural includes the singular; words used in the present tense include the future; the word "lot" includes "plot" or "parcel"; the word "person" includes "corporation" as well as an individual; the word "used" or "occupied" includes "designed," "arranged" or "intended to be used" or "intended to be occupied"; and the word "district" includes "zone." The word "shall" is always mandatory.
ACCESSORY BUILDING or STRUCTUREA 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.
[Added 11-1-2016]
ACCESSORY IMPROVEMENTAny improvement which is attendant, subordinate and customarily incidental to the principal improvement on the same premises.
ACCESSORY USEA 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.
[Added 11-1-2016]
ACREForty-three thousand five hundred sixty square feet.
AGRICULTURE AND FARMINGIncludes 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).
[Added 5-21-2013]
ALCOHOLIC BEVERAGEAll spirituous and intoxicating liquors as defined in the General Statutes of the State of Connecticut, as amended.
AUTOMOBILE SERVICE STATIONA 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.
[Amended 6-3-2008]
BARNA building accessory to a farm and used primarily for agricultural purposes, but not used for human habitation.
[Amended 11-1-2016]
BARRELThirty-one U.S. gallons.
[Added 11-1-2016]
BED-AND-BREAKFASTA 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.
BUILDINGAny 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.
BUILDING AREAThe 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.
BUILDING CODEThe 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.
[Amended 6-3-2008]
BUILDING COVERAGEThe percentage which the aggregate area of all buildings on the lot bears to the area of the lot.
BUILDING HEIGHTThe 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.
[Amended 11-1-2016]
BUILDING LINEA 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.
[Amended 11-1-2016]
CARETAKER'S APARTMENTThe 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.
CENTER LINE OF A ROADWAYThe line which may be drawn through all the points which are equidistant from the boundary lines of property on each side of the roadway.
CHILD DAY-CARE CENTERA 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.
CLUBAn 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 CLUSTER DEVELOPMENTCommercial development in which three or more new commercial buildings are sited in a group, with varying setbacks and landscaping between structures and the roadway. 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 preserve the rural appearance of the area.
COMMISSIONThe Killingworth Planning and Zoning Commission.
CONVALESCENT HOMEAlso 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.
[Amended 11-1-2016]
CUSTOMARY HOME OCCUPATIONAn 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.
DETACHED ACCESSORY BUILDINGAn accessory building which is not attached to the principal building by any covered porch, breezeway or other roofed structure.
DISTRICTA district established by the provisions of Article
III of these regulations as the same may from time to time be amended.
DRIVEWAYA private way used solely for access to one principal building by the occupants thereof and their guests and invitees.
DWELLINGAny 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.
[Amended 11-1-2016]
DWELLING UNITAny 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.
[Added 11-1-2016]
DWELLING, ONE-FAMILYA 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.
[Amended 11-1-2016]
DWELLING, TWO-FAMILYA 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.
[Amended 6-3-2008; 11-1-2016]
EARTH PRODUCTAny 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.
FAMILYAn 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.
[Amended 11-1-2016]
FAMILY DAY-CARE HOMEConsists 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.
FARMSee "agriculture and farming."
[Added 5-21-2013]
FLOODPLAINThat 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.
[Added 5-18-2004]
FOOD SERVICE SHOPA 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.
GRADE, FINISHEDThe 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.
[Added 11-1-2016]
GROUP DAY-CARE HOMEOffers 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.
HISTORIC BUILDINGAny 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:
[Added 11-1-2016]
A. The building or structure is listed on the State or National Register of Historic Places, or is partially or completely within the boundaries of an area so listed; or
B. The building or structure has been determined by the State Historic Preservation Office and/or the National Park Service to be eligible for listing on the State or National Register of Historic Places; or
C. The building or structure has documented associations with one or more historic persons or events, or with the broad architectural, cultural, political, economic or social history of the Town, the state or the nation; or
D. The building or structure has documented historical or architectural importance in terms of period, style, method of construction, specific use, or association with a recognized builder or architect, either by itself or in the context of a group of buildings.
E. The building or structure is listed as a historically significant building or site in the Killingworth Plan of Conservation and Development.
HORSE STABLE, PERSONALAn 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.
[Amended 5-21-2013]
HORSE STABLE, BOARDINGA stable or barn where horses owned by others besides the property owner/occupant may be boarded for profit or gain.
[Added 5-21-2013]
HORSE STABLE, COMMERCIALA 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.
[Amended 5-21-2013]
HOTELA 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.
HOUSEHOLD PETAny 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.
IMPERVIOUS SURFACESA 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.
[Added 8-2-2011]
IMPROVEMENTAny structural addition to or other change in the condition of land, including the underground installation of utility lines.
INLAND WETLANDS PERMITAny 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.
KENNEL, COMMERCIALA kennel maintained for the keeping of dogs for commercial purposes, including boarding, grooming, and breeding two or more litters of dogs per year.
[Amended 5-18-2004]
KENNEL, PRIVATE HOMEA 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.
[Added 5-18-2004]
LIVESTOCKDomestic animals (other than dogs, cats or poultry) kept for use or profit.
LOTA 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.
[Amended 11-1-2016]
LOT AREAThe area of a horizontal plane bounded by all lot lines.
[Added 11-1-2016]
LOT, CORNERA 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.
LOT COVERAGEThe ratio between the building area and the gross area of the lot.
[Added 11-1-2016]
LOT FRONTAGE, LOT FRONTAGE LINEThe 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.
[Added 11-1-2016]
LOT LINEThe established division line between lots.
LOT, REARA 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.
[Amended 5-18-2004]
MAPSMaps for the Town of Killingworth prepared by the Middlesex County Cooperative Extension Service.
C. Soils with Limitations for On-Site Sewage Disposal.
D. Soils with Limitations for Homesites with Basements.
E. Soils with Limitations for Streets and Parking Lots.
H. Prime Agricultural Soils.
MINIMUM BUILDABLE LOT AREAA. A five-acre equivalent minimum buildable lot area is met when the sum of the areas in acres of the resource characteristics comprising the lot each multiplied by the percentage specified in §
500-44 equals or exceeds five. (See Appendix B.)
B. A four-acre equivalent minimum buildable lot area is met when the sum of the areas in acres of the resource characteristics comprising the lot each multiplied by the percentage specified in §
500-44 equals or exceeds four. (See Appendix B.)
C. A two-acre equivalent minimum buildable lot area is met when the sum of the areas in acres of the resource characteristics comprising the lot each multiplied by the percentage specified in §
500-44 equals or exceeds two. (See Appendix B.)
D. A one-acre equivalent minimum buildable lot area is met when the sum of the areas in acres of the resource characteristics comprising the lot each multiplied by the percentage specified in §
500-44 equals or exceeds one. (See Appendix B.)
MINIMUM LOT RECTANGLEOne 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, 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.
[Added 11-1-2016]
NONCONFORMING IMPROVEMENT OR CHARACTERISTICAny 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.
NONCONFORMING USEAny 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.
NONPROFIT ORGANIZATIONAny 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.
[Amended 11-1-2016]
OUTDOOR WOOD-BURNING FURNACEAn 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.
[Added 12-16-2008]
PARCELAny 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.
[Added 11-1-2016]
PLAN OF CONSERVATION AND DEVELOPMENTThat 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.
[Added 11-1-2016]
POLLUTIONThe effect or condition defined in § 22a-38(8) of the Connecticut General Statutes.
PRINCIPAL USEThe primary purpose or function for which a premises is used, designed, or intended to be used.
[Added 11-1-2016]
PRIVATE ROADA street owned in fee by an association of lot owners in a subdivision approved under §
485-50D of the Subdivision Regulations.
[Added 11-1-2016]
PUBLIC PARKING GARAGEA business of offering to the public spaces within a building on the premises of the use for the parking or storage of motor vehicles.
RECREATIONAL CANNABIS ESTABLISHMENTA 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.
[Added 6-20-2023]
RESTAURANTA 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.
SCHOOL, PUBLICA school, charter school, technical school, or community college maintained by a municipal, regional, or state board of education.
[Added 5-18-2004]
SETBACKThe required open space between any building and a lot line. The distance prescribed for a setback is measured perpendicularly from each lot line.
SIGNIFICANT TREEAny 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.
[Added 12-16-2008]
SOIL SURVEY OF MIDDLESEX COUNTY, CONNECTICUTUnited 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.
SPECIMEN TREEA tree that is notable and distinctive by virtue of its size, canopy, color, texture, flowers, scent, quality for its species, or rarity.
[Added 12-16-2008]
STABLESee "horse stable."
[Added 5-21-2013]
STORYThat 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.
STREET, PUBLICAn 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.
[Amended 11-1-2016]
STREET, SUBDIVISIONAny 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.
STRUCTUREAnything 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.
[Added 11-1-2016]
STRUCTURE HEIGHTThe greatest vertical distance between the finished grade elevation at any point of consideration and the highest point of the structure.
[Added 11-1-2016]
SURVEY, CLASS A-2A 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.
[Added 5-18-2004; amended 11-1-2016]
TAG SALESale on the premises of the owner of household items, clothing, tools, and other personal belongings previously used on the premises.
TOWNThe Town of Killingworth.
USEAny 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.
[Added 11-1-2016]
VEGETABLE STANDA 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.
VERNAL POOLA 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.
[Added 5-18-2004; amended 11-1-2016]
WATERCOURSESThose areas identified and defined in § 22a-38 of the Connecticut General Statutes as the same may hereafter from time to time be amended.
WETLANDSThose 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.