Killingworth City Zoning Code
ARTICLE IV
General Prohibitions
§ 500-11 Use.
§ 500-12 Lots.
[Amended 11-1-2016]
Except as provided in Subsection A, no lot shall have an area or width or setback which is less in size than that required by these regulations. The area of every lot shall be such that no building or buildings thereon shall occupy, in the aggregate, a greater percentage of the lot area than that prescribed by these regulations. No lot shall be of such a size or shape that the minimum lot rectangle prescribed therefor in these regulations may not be measured wholly within the lot lines of said lot. The minimum required frontage for a lot shall be maintained for a depth of 300 feet.
A.
Preexisting substandard parcels. A parcel of land which has an area (determined in conformity with the rules prescribed in § 500-18 for determining lot area) of not less than 1/3 of the lot area otherwise prescribed therefor in these regulations and a width of not less than 1/3 of the lot width otherwise prescribed therefor in these regulations or 50 feet, whichever is greater, shall not be required to conform to the minimum lot rectangle, lot area or lot width requirements of these regulations if such parcel of land, at the effective date of these regulations, abutted, and has continuously thereafter abutted, no other land simultaneously under the same ownership as such parcel of land.
B.
Multiple buildings. No building intended or used for a single principal use shall be built, placed or used on any land unless the required lot area is provided therefor, except that, in determining lot area required, all buildings, when under common ownership on contiguous premises, which are used exclusively for a single institutional or commercial use shall be considered as a single building.
C.
Multiple uses.
(1)
No more than one principal use is permitted on a lot in the residential zone.
(2)
In the commercial district, two or more principal commercial uses within a single building used solely for such commercial uses shall be considered a single use. Three or more commercial buildings may be placed on a single lot under § 500-69D, provided the maximum building coverage for the lot is not exceeded.
§ 500-13 Buildings.
No building shall be so built or placed in any location as to leave less than the prescribed space of the setbacks required for it in these regulations. No building shall be greater in height than that prescribed in these regulations. Any dwelling shall be located within the minimum lot rectangle prescribed by these regulations.
§ 500-14 Improvements.
No improvement shall be made except in conformity with these regulations.
§ 500-15 Changes.
No changes shall be made in the use of any land or improvement, in the location of any improvement, or in the size or shape of any lot or improvement except in conformity with these regulations.
§ 500-16 Special exceptions.
Whenever a special exception shall have been granted by the Commission under these regulations authorizing a special use of a parcel of land or improvement thereon, no use shall be made of such land or improvement, no other improvement shall be used, built or place upon such land, and no change shall be made in the location of any such improvement or in the size or shape of any such parcel of land or improvement except as authorized by such special exception or by an amendment thereto.
§ 500-17 Required frontage and access.
No building shall be used or placed on any lot in a rural residence district unless such lot has contiguous frontage of at least 200 feet on a public street or subdivision street. No building shall be used, built or placed on any lot in a commercial or industrial district unless such lot has contiguous frontage of at least 150 feet on a public street. If a lot with the required frontage on a public street or subdivision street has access to another public street or subdivision street or to a road, a right-of-way, an abandoned Town road, or an easement other than a public street or subdivision street, vehicular access to and from such lot or part of such lot shall be limited to and directly from the public street or subdivision street with the required frontage. The frontage requirements of this section shall not apply if the lot meets one of the exceptions described in Subsection A, B or C.
A.
The frontage requirements of this section shall not apply if a lot has frontage of at least 25 feet on a public street, subdivision street, or other roadway, other than a driveway connecting to a public street, or a lot is served by a roadway over a permanent and recorded easement of access in favor of such lot and connecting to a public street, provided that all of the following conditions are met:
(1)
The lot does not have the required frontage on a public street or on a subdivision street;
(2)
The lot, on May 25, 1957, and continuously thereafter, was owned separately and distinctly from any other adjoining lot; and
(3)
The lot, on May 25, 1957, and continuously thereafter, did not abut any land, simultaneously under the same ownership as such lot, which has sufficient additional amount of frontage on a public street or subdivision street that could be added to said lot so that it meets the requirements of this section.
B.
The frontage requirements of this section shall not apply if a lot is part of an approved subdivision and has contiguous frontage of at least 150 feet on a turnaround of a dead-end subdivision road (cul-de-sac) and the circumference of the turnaround measured from the outside edge of pavement does not exceed 600 feet.
C.
The frontage requirements of this section shall not apply if a lot is part of an approved subdivision and has frontage of at least 25 feet on a subdivision road as provided under § 485-49B(4) of the Subdivision Regulations.
§ 500-18 Lot area.
The following rules shall govern the determination of lot area:
A.
General. No land shall be included in computing the required lot area of more than one lot.
B.
Roadways. No part of any roadway other than a driveway shall be included in computing required lot area.
C.
Water. Not more than 25% of the required minimum buildable lot area may be represented by wetland and/or watercourses.
§ 500-19 Setbacks.
The following rules shall govern the determination of required setbacks:
A.
General. Required setbacks shall be open and unobstructed to the sky, except for the ordinary projection, not exceeding two feet, of windowsills, belt courses, cornices, eaves, chimneys and other architectural features of the building for which such setbacks are required and except for trees and shrubs. No land shall be included in computing the required setback or other space of more than one building.
B.
Front, rear and side setbacks. Front, rear and side setbacks are measured perpendicularly from all points on front, rear and side lot lines respectively.
C.
Rear lots. Anything in these regulations to the contrary notwithstanding, for the purpose of determining the required setbacks for a rear lot, all lot lines shall be considered side lot lines.
§ 500-20 Height limitation.
[Amended 11-1-2016]
The building height limit shall be applied separately for each wing or other distinct portion of a building. Spires, tanks, chimneys, and similar features, but not signs, occupying an aggregate of not more than 10% of the building area and not used for human occupancy may be erected to a reasonable and necessary height, but not over 10 feet above the roof. Fences and freestanding walls shall not exceed eight feet in height. No radio or television tower or antenna shall exceed 15 feet in height above the highest point of the highest building on the lot or 15 feet in height above the highest point of ground elevation of the lot, whichever is the higher.
§ 500-21 Prohibited uses.
Although otherwise permitted under these regulations, nevertheless no building, structure or improvement shall be erected, used or maintained, or no lot shall be used or maintained, for any use, trade or business or process which is obnoxious or offensive by reason of gas, glare, heat, radiation, odor, dust, smoke, vibration, illumination, radio or television interference or noise or which constitutes a public hazard, whether by fire, explosion or otherwise.
§ 500-22 Lots partly in different districts.
A.
Where a lot is in two districts, the Commission may, by the grant of a special exception, allow for the extension of one district 30 feet into the other district. The use shall be governed by the requirements of the district in which the use is located. In the case of a commercial cluster development, the Commission may, by the grant of a special exception, extend the depth of the Commercial District by 100 feet, if such extension is essential to the design of the commercial cluster development.
§ 500-23 Access and parking.
No land shall be used for access to, or for parking in connection with, a use which is not permitted in the district in which such land is located, except that land in a commercial district may be used for access to a permitted use in an industrial district and land in any district may be used for access to a use in a residence district.
§ 500-24 Patios.
A paved patio shall not be considered a building or part of a building in determining maximum building coverage or in determining required setbacks under these regulations if such patio is unroofed, by canvas or otherwise, and without walls, parapets or other forms of enclosure (except for one wall of the building to which it is accessory) and does not project into any setback to a point closer than 10 feet to any lot line.
§ 500-25 Corner visibility.
On a corner lot no wall, fence or other improvement shall be erected, and no hedge, shrub, tree or other growth shall be maintained, between the building line and the street line as to create a traffic hazard by obstructing the view. On a corner lot in any residence district no fence, wall, hedge or other improvement or planting more than three feet in height shall be erected, placed or maintained within the triangular area formed by the intersecting street lines and a straight line joining said street lines at points which are 50 feet distant from the point of intersection measured along said street lines.
§ 500-26 Swimming pools and artificial ponds.
No swimming pool or artificial pond shall be located closer than the minimum required setback distance to any boundary of the lot to the use of which it is an accessory.
§ 500-27 Driveways.
No driveway shall be located closer than five feet to any side or rear lot line.
§ 500-28 Noise.
[Amended 6-3-2008]
No use shall cause or emit any noise which exceeds the following maximum permissible sound-pressure levels:
Frequency Band (cycles per second) | Sound-Pressure Level (decibels) |
|---|---|
20 to 75 | 69 |
76 to 150 | 54 |
151 to 300 | 47 |
301 to 600 | 41 |
601 to 1,200 | 37 |
1,201 to 2,400 | 34 |
2,401 to 4,800 | 31 |
4,801 to 10,000 | 28 |
Sound-pressure levels shall be measured from the lot line of the property from which the noise is emanating. [Added 5-18-2004; amended 12-16-2008] |
§ 500-29 Vibration.
[Amended 6-3-2008]
No use, including the construction or demolition of any improvement, shall cause or emit any vibrations in the form of earth-borne oscillations causing displacement at any lot line of such use exceeding the following limits:
Maximum Displacement at Lot Line (inches) | ||
|---|---|---|
Frequency (cycles per second) | A Steady-State Vibration | B Impact Vibration |
10 and below | 0.0003 | 0.0004 |
11 to 20 | 0.0002 | 0.0002 |
21 to 30 | 0.0001 | 0.0002 |
31 to 40 | 0.0001 | 0.0001 |
41 to 50 | None | None |
51 to 60 | None | None |
61 and over | None | None |
§ 500-30 Use of vehicles as buildings.
[Amended 11-1-2016]
No vehicle, or part thereof, or truck body, with or without wheels, or shipping container may be parked on land in any district to be used for occupancy or as a structure, shed, or building for storage or sale of any materials.
§ 500-31 Outdoor wood-burning furnace.
[Added 11-1-2016[1]]
Outdoor wood-burning furnaces are permitted in all districts subject to the provisions of § 500-43A(10).
[1]
Editor's Note: This enactment also repealed former § 500-31, Streambelt.
§ 500-32 Building size.
B.
No building in the Large Business Zone of the Commercial District shall be less than 5,000 square feet in total floor area or exceed 20,000 square feet in total floor area.
C.
No building in the General Commercial Zone shall exceed 5,000 square feet in total floor area.
D.
No building in the Industrial District shall exceed 20,000 square feet in total floor area.
§ 500-33 Exterior lighting.
[Amended 8-2-2011]
A.
All exterior lighting shall have shielded light sources to prevent glare, and no exterior lighting shall shine on adjacent properties or towards any roadway. No exterior lighting may be used in a manner that produces a bloom or a direct glare visible beyond the property served.
B.
No light fixture may be aimed at the sky or toward any area, structure, or surface that is not situated on the property.
C.
No light source attached to a building may be installed more than 25 feet above grade.
D.
No freestanding exterior light source may be installed more than 12 feet above grade or more than 30 feet from the object or area that it is intended to illuminate.
[Amended 11-1-2016]
E.
Moving lights, lights producing varying intensities or changing colors, and search lights are prohibited.
F.
Traditional decorative holiday lights may be operated temporarily on a seasonable basis.
§ 500-33.1 Impervious surfaces.
[Added 8-2-2011]
The purpose of this section is to provide limits on the development of impervious surface within the Town of Killingworth in order to protect the surface and groundwater resources of the Town. The following impervious surface limits are established for lots within districts as follows: