Killingworth City Zoning Code
ARTICLE VI
Rural Residence District
§ 500-43 Uses permitted.
In the Rural Residence District there shall be permitted:
A.
General principal uses. The following general principal uses and buildings:
[Amended 5-18-2004; 12-16-2008; 8-2-2011; 2-21-2012; 5-21-2013]
(1)
One-family dwellings.
(2)
Two-family dwellings subject to the conditions of Article X.
(3)
Customary home occupations, subject to the following conditions:
(a)
The home occupation and the conduct thereof shall not impair the residential character of the premises nor impair the reasonable use, enjoyment, and value of other residential property in the neighborhood.
(b)
Except for a permitted sign, there shall be no external evidence that the premises is being used for any purpose other than a residence. The home occupation shall be conducted in its entirety within an enclosed structure or area. There shall be no exterior structural modification of the residence to accommodate the customary home occupation.
(c)
Such occupation shall not create any objectionable noise, lighting, smoke, odor, toxic fumes, vibration, radio interference, excessive traffic, or other unsuitable conditions.
(d)
Patronage is limited to eight patron visits a day, which shall be between the hours of 8:00 a.m. and 9:00 p.m.
[Amended 11-1-2016]
(e)
Storage of any materials or products which are related to the home occupation shall not be permitted on the street side(s) of the dwelling. Any such storage shall be adequately screened from adjacent properties. There shall be no disposal of waste products on the site, except sanitary waste incidental to residential use.
(f)
The home occupation must be conducted only by a family residing in the dwelling and not more than two additional nonresident full-time employees.
(g)
Accessory to a home occupation, one business name sign, not exceeding four square feet in area, is permitted.
(h)
Two car parking spaces and one car space for each employee shall be provided on the premises.
(i)
A zoning administrative permit issued by the Zoning Enforcement Officer is required.
[Amended 11-1-2016]
(4)
Agriculture and farming, including cultivation of soil, vegetable and nursery gardening, raising or harvesting any agricultural or horticultural commodity, dairying, harvesting of maple sugar, and the raising of crops, fruits and livestock, including horses, cattle, sheep, goats, bees, and poultry. The foregoing provision shall not permit the keeping for commercial purposes of swine or fur-bearing animals other than rabbits.
(5)
A vegetable stand accessory to a farm.
[Amended 11-1-2016]
(6)
Tag sales accessory to a dwelling. Such sales shall be limited to three per year.
[Amended 11-1-2016]
(7)
Animals. The keeping of animals shall be permitted subject to the following conditions and limitations. All animals shall be kept in such a manner so as not to create a public health hazard or have an adverse effect on the environmental quality of the surrounding area and community in general. Manure and other excrement piles shall be located and maintained so as to prevent runoff of manure and other polluting materials onto adjacent properties, roads, wells, or watercourses. Adequate fencing and structures shall be installed and maintained so as to confine all animals within the premises of the owner. Any barn, horse stable, or shelter for any animals shall be located not less than 50 feet from any property line. The keeping of animals shall conform to all applicable regulations of the Connecticut State Department of Public Health, the Department of Environmental Protection, the State Department of Agriculture, and the General Statutes.
(a)
Poultry. The keeping of poultry is permitted, provided that no more than 20 fowl are kept on a lot of not less than two acres equivalent minimum buildable lot area. Ten additional fowl are permitted for each acre equivalent minimum buildable lot area in addition to the two acres equivalent minimum buildable lot area. Poultry shall be maintained in such a manner as not to cause a nuisance by roaming at large, vicious disposition, excessive crowing, unsanitary conditions, or other disturbances. All poultry must not be allowed to run at large off of the owner’s property. Any hen house shall be located not less than 50 feet from any property line.
(b)
Swine. The keeping of swine for personal use is permitted provided that no more than three mature pigs, 10 weeks or older, and no more than one litter consisting of suckling pigs, 10 weeks of age or less, are kept.
(c)
) Certain other animals. The keeping of horses, ponies, burros, donkeys, llamas, alpacas, sheep, goats and cattle is permitted, provided that no more than three such animals are kept on a lot of not less than two acres equivalent minimum buildable lot area. Three additional animals are permitted for each acre equivalent minimum buildable lot area in addition to the two acres equivalent minimum buildable lot area.
(d)
Dogs. The keeping of up to four dogs as pets shall be permitted. The keeping of five or more dogs as pets or dogs kept for commercial purposes or boarding shall be subject to the provisions and requirements of Subsections A(9) and B(8).
[Amended 11-1-2016]
(e)
Rabbits. Not more than 100 rabbits may be kept on any premises at any one time.
(8)
Family day-care home licensed by the State Department of Public Health.
(9)
Private home kennel. Private home kennel under the ownership of the property owner for show, sport, or sale of dogs, provided that it complies with the following conditions:
(a)
A private home kennel shall be located on residential property containing a minimum of three acres equivalent minimum buildable lot area.
(b)
Not more than six adult dogs over six months of age may be kept and not more than two litters of dogs may be bred annually.
(c)
Dogs shall be kept in buildings, enclosures, or runs located not less than 75 feet from property lines.
(d)
Dogs shall be maintained in such a manner as not to cause a nuisance by roaming at large, vicious disposition, excessive barking, unsanitary conditions, or other disturbances.
(e)
The keeping of dogs shall conform to all applicable regulations of the State Department of Public Health, Department of Environmental Protection, the State Department of Agriculture, and the General Statutes.
(f)
A zoning permit issued by the Zoning Enforcement Officer is required.
(10)
Outdoor wood-burning furnaces, subject to the following conditions:
(a)
Installation of the outdoor wood-burning furnace is not less than 200 feet from the nearest residence not serviced by the outdoor wood-burning furnace and not less than 500 feet from any school, church, health-care facility, or municipal recreational facility. Setbacks shall be 100 feet from the front lot line and 75 feet from rear and side lot lines.
(b)
Installation of the chimney of the outdoor wood-burning furnace is at a height that is two feet more than the height of the roof peaks of the residences that are located within 500 feet of the outdoor wood-burning furnace, which residences are not serviced by the outdoor wood-burning furnace, provided the chimney height is not more than 55 feet. Chimney height must be a minimum of four feet above the furnace owner's home roofline, and the chimney must have a spark arrestor.
(c)
A plan shall be submitted by a licensed surveyor or professional engineer documenting the location of the outdoor wood-burning furnace, horizontal and vertical control distances to all residences within the five-hundred-foot radius, comparative heights of the chimney stack and residential rooflines, and the location of waste ash containment or storage facilities.
(d)
No materials may be burned in outdoor wood-burning furnaces other than clean untreated wood, wood pellets made from clean untreated wood, or other EPA/DEEP approved forms of biomass. Wood that has chemical contaminants, paint, stains, or other types of coatings, or has been treated with, including, but not limited to, copper chromium arsenate, creosote, or pentachlorophenol is prohibited.
(d.1)
All waste ash generated by the outdoor wood-burning furnace shall be kept in such a manner so as not to create a public health hazard or have an adverse effect on the environmental quality of the surrounding area and community. Adequate containment or storage structures shall be installed and maintained so as to confine all ash within the property of the furnace owner and prevent waste ash run-off. Waste ash containment or storage structures shall be located not less than 50 feet from any property line. No more than three cubic yards of ash shall be stored on a single property at any time.
(e)
Installation and operation of the outdoor wood-burning furnace is in accordance with the manufacturer's written instructions, provided such instructions do not conflict with the provisions of this subsection.
(f)
The outdoor wood-burning furnace shall meet the provisions of § 22a-174k of the Connecticut General Statutes and qualify under the Environmental Protection Agency Phase I voluntary program.
(g)
Particulate emission standard. The outdoor wood-burning furnace shall be certified to meet a particulate matter emission limit of 0.32 pound per million British thermal units (lb/MMBTU) heat input. All emissions testing shall be conducted by an accredited, qualified, and independent testing consultant who has no conflict of interest or financial gain in the outcome of the testing.
(h)
Visible emission standard. The emission of a smoke plume from any outdoor wood-burning furnace may not exceed an average of twenty-percent opacity for six consecutive minutes in any one-hour period. Visible emissions may not exceed forty-percent opacity for one minute.
(i)
Operation is permitted only between September 15 and June 1.
(j)
A zoning administrative permit issued by the Zoning Enforcement Officer is required. Permits for outdoor wood-burning furnaces shall be issued for periods not to exceed three years and may be renewed without reapplication if the Zoning Enforcement Officer, upon inspection, finds that the furnace remains in compliance with this subsection and applicable Connecticut statutes.
[Amended 11-1-2016]
(k)
This subsection shall apply to all districts in the Town of Killingworth.[1]
[1]
Editor’s Note: Former Subsection A(1)(l) and (m), regarding enforcement and penalties for violation of this subsection, respectively, which immediately followed this subsection, were repealed 11-1-2016.
(11)
An accessory apartment may be permitted in certain single-family residences in all districts subject to a zoning administrative permit issued by the Zoning Enforcement Officer and subject to the conditions prescribed in Article XXVI of these regulations, provided that it also complies with all applicable State and Town ordinances, codes and regulations as well as the standards in § 500-61. An accessory apartment is permitted without the five-year age requirement in an affordable housing subdivision provided it complies with the requirements of § 500-49A of these regulations and all other applicable requirements of this article. An application for an accessory apartment shall be prepared and submitted in the same manner as provided in Article XXVI.
[Added 11-1-2016]
A1.
(Reserved)
A2.
Principal uses requiring site plan approval. The following principal uses and buildings only when specifically authorized in the particular instance by site plan approval by the Commission subject to the conditions prescribed in or pursuant to Article XXVI. An application for site plan review 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)
Boarding stable, provided that it is located on a lot containing not less than five acres of minimum buildable lot area (Appendix B) belonging to Soil Class A, B, C or D (Appendix A).[2] No more than 12 horses may be kept on such a lot. Three additional horses are permitted for each acre equivalent minimum buildable lot area in addition to the five acres equivalent minimum buildable lot area. No barn or shelter shall be located and no animals housed less than 50 feet from any property line. Manure piles shall be located and maintained so as to prevent runoff of manure and other polluting materials onto adjacent properties, roads, wells, or watercourses. Adequate fencing and structures shall be installed and maintained so as to confine all animals to the premises of the owner. Adequate off-street parking shall be provided.
[2]
Editor's Note: Appendix A, Soil Classes, and Appendix B, Procedure for Computing Minimum Buildable Lot Area, are included as attachments to this chapter.
(2)
(Reserved)[3]
[3]
Editor’s Note: Former Subsection A2(2), regarding accessory apartments, was repealed 11-1-2016.
(3)
A commercial greenhouse, for wholesale purposes only, provided that it is located on a lot of not less than three acres and not less than 100 feet from any lot line.
(4)
Bed-and-breakfast in a single-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.
[Amended 11-1-2016]
B.
Special principal uses requiring a special exception. The following special principal uses and buildings only when specifically authorized in the particular instance by a special exception granted by the Commission under Article XXVI:
[Amended 5-18-2004; 12-16-2008; 8-2-2011; 5-21-2013; 7-15-2014; 11-1-2016]
(1)
Child day-care center and group day-care homes, whether or not operated for profit, but not including a camp operated for profit.
(2)
Clubs.
(3)
Libraries, museums, auditoriums, community houses and public health nursing service facilities operated by a governmental or nonprofit corporation.
(4)
Hospitals or convalescent homes, provided that the lot area is equivalent to not less than 2,000 square feet for each patient sleeping accommodation if the lot is served by public water supply and not less than 8,000 square feet if not served by public water supply.
(5)
Veterinary hospitals, provided that they are located on lots of not less than three acres and that all animals are kept within a building which is located not less than 150 feet from any lot line.
(6)
Commercial boarding stable, provided that it is located on a lot containing not less than five acres of minimum buildable lot area (Appendix B) belonging to Soil Class A, B, C or D (Appendix A).[4] No more than 12 horses may be kept on such a lot. Three additional horses are permitted for each acre equivalent minimum buildable lot area in addition to the five acres equivalent minimum buildable lot area. No barn or shelter shall be located and no animals housed less than 50 feet from any property line. Manure piles shall be located and maintained so as to prevent runoff of manure and other polluting materials onto adjacent properties, roads, wells, or watercourses. Adequate fencing and structures shall be installed and maintained so as to confine all animals to the premises of the owner. Adequate off-street parking shall be provided.
[4]
Editor's Note: Appendix A, Soil Classes, and Appendix B, Procedure for Computing Minimum Buildable Lot Area, are included as attachments to this chapter.
(7)
A cemetery of a church corporation or cemetery association.
(8)
Commercial kennel. Commercial kennel for the keeping of dogs for commercial purposes, including grooming, boarding, and breeding, provided that it complies with the following conditions:
(a)
A commercial kennel shall be located on residential property containing not less than seven acres equivalent minimum buildable lot area.
(b)
No more than 14 dogs shall be kept on a lot of not less than seven acres. Two additional dogs are permitted for each acre in addition to seven acres.
(c)
Dogs shall be kept in buildings, enclosures, or runs located not less than 500 feet from any dwelling other than the dwelling on the lot of such use and not less than 300 feet from any property line.
(d)
Dogs shall be maintained in such a manner as not to cause a nuisance by roaming at large, vicious disposition, excessive barking, unsanitary conditions, or other disturbances.
(e)
The keeping of dogs shall conform to all applicable regulations of the State Department of Public Health, Department of Environmental Protection, the State Department of Agriculture, and the General Statutes.
(9)
Churches, parish houses, convents and similar religious buildings.
(10)
Parks, playgrounds, forests, wildlife sanctuaries or refuges, boat landing areas and similar open reservations operated by governmental units or nonprofit organizations.
(11)
Commercial hatchery, private fishery, game breeding, regulated hunting dog training area, regulated private shooting preserve, and structures accessory to these uses carried on under private or public ownership. Such uses are subject to all licenses, permits, and regulations required under Title 26, Fisheries and Game, of the General Statutes of Connecticut.
(a)
In addition to the provisions and standards of Article XXVI, the following conditions shall apply to these uses:
[1]
The minimum parcel size shall be 50 contiguous acres, except for private shooting preserves where the minimum parcel size shall be 300 contiguous acres.
[2]
The parcel shall have owned frontage of at least 25 feet on a Town road or state highway and shall be accessed over such frontage on a Town road or state highway.
[3]
A buffer zone of 200 feet shall be provided around the periphery of the parcel.
[4]
Noise shall be so controlled as not to exceed Department of Environmental Protection standards for recreation areas.
[5]
All other applicable local, state, and federal permits shall be obtained.
[6]
The duration of a permit for any of the uses in this Subsection B(11) shall be for a period of at least one year but not more than five years. Permits are renewable. The Commission shall take into consideration the past performance of the applicant in considering the renewal of any permit.
[7]
Any retail sales shall be related specifically to the use granted and available solely for patrons of the private recreation area.
[8]
Buildings may not be used for overnight use except as specified under Subsection A2(4).
[9]
Uses not specified and expressly permitted by the Zoning Regulations are prohibited.
[10]
Any expansion of an existing facility shall require a special exception under this section.
(b)
Definitions. As used in this Subsection B(11), the following terms shall have the meaning indicated:
ACCESSORY STRUCTURES
Picnic tables, shelters, docks, boathouses, kennels, hatcheries, warming huts, any other buildings or structures, roads, parking lots, or any other improvements.
COMMERCIAL HATCHERY
An institution or place where legally acquired fish are held, hatched and reared for sale or where fish so acquired or hatched are stored or held for sale in waters which are under the complete control of the owner.
GAME BREEDING
Possession, breeding or propagation of any wild game bird or wild game quadruped or a species defined in § 26-40 of the General Statutes of Connecticut.
HUNTING DOG TRAINING AREA
Areas in which artificially propagated game birds and pigeons are liberated in connection with the training of hunting dogs.
PRIVATE FISHERY
An institution or place where a fee or membership is charged for the taking of fish in waters which are under the complete control of the owner.
PRIVATE SHOOTING PRESERVE
An area of not less than 300 contiguous acres used for the hunting of legally propagated game birds.
(12)
Private recreation area, including picnicking, swimming, fishing, boating, horseback riding, hiking, cross-country skiing, archery, clay target shooting, tennis, and golf course, and structures accessory to these uses.
(a)
In addition to the provisions and standards of Article XXVI, the following conditions shall apply to private recreation areas:
[1]
The minimum parcel size shall be 100 acres.
[2]
The parcel shall have owned frontage of at least 25 feet on a state highway and shall be accessed over such frontage on a state highway.
[3]
A buffer zone of 200 feet shall be provided around the periphery of the parcel.
[4]
Noise shall be so controlled as not to exceed Department of Environmental Protection standards for recreation areas.
[5]
All other applicable local, state, and federal permits shall be obtained.
[6]
The duration of a private recreation area permit shall be for a period of at least one year but not more than five years. Permits are renewable. The Commission shall take into consideration the past performance of the applicant in considering the renewal of any permit.
[7]
Any retail sales shall be related specifically to the use granted and available solely for patrons of the private recreation area.
[8]
Buildings may not be used for overnight use except as specified under Subsection A2(4).
[9]
Uses not specifically and expressly permitted by the Zoning Regulations are prohibited.
[10]
Any expansion of an existing facility shall require a special exception under this section.
(b)
Definitions. As used in this Subsection B(12), the following terms shall have the meaning indicated:
ACCESSORY STRUCTURES
Picnic tables, shelters, docks, boathouses, stables, warming huts, any other buildings or structures, roads, parking lots, or any other improvements.
ARCHERY
Bow and arrow shooting at targets used to simulate a live hunt.
BOATING
Travel on a lake by nonmotorized boats, canoes, or kayaks.
CLAY TARGET SHOOTING
Shotgun shooting at clay targets which provide a simulation of a bird in flight.
CROSS-COUNTRY SKIING
Skiing for recreational pleasure in woodlands on marked trails.
FISHING
Taking of fish from a lake by a fly rod, rod and reel and tip-ups for ice fishing.
GOLF COURSE
The ground or course over which golf is played. A minimum of nine regulation holes built according to the standards of the Professional Golfers Association is required.
HIKING
Walking for recreational pleasure in woodlands on marked trails.
HORSEBACK RIDING
Riding of horses for recreational pleasure in woodlands on marked trails.
PICNICKING
Tables set out for the purpose of eating meals brought into the site for personal use.
PRIVATE RECREATION AREA
A privately owned area for the recreational uses specified in this subsection and available to the public for a fee or membership.
SWIMMING
Swimming in a lake within a defined area and supervised by a certified lifeguard.
TENNIS
Courts for the purpose of playing tennis.
(13)
Public, private, parochial or religious day schools for nursery, primary, and secondary academic education. In addition to the provisions and standards of Article XXVI, the following conditions shall apply to public, private, parochial or religious schools:
(a)
Any school with an enrollment of 100 students or fewer will have a minimum buildable lot size of five acres equivalent. The minimum buildable lot size for any school with an enrollment in excess of 100 students shall increase by five acres equivalent for every additional 100 students, or portion thereof, enrolled. Accordingly, a school with an enrollment of 101 students or more but fewer than 201 students will have a minimum buildable lot size of 10 acres equivalent; a school with an enrollment of 201 students or more but fewer than 301 students will have a minimum buildable lot size of 15 acres equivalent, etc. The size of the equivalent minimum buildable area will be calculated in accordance with the provisions of § 500-44 and Appendix B.[5]
[5]
Editor's Note: Appendix B, Procedure for Computing Minimum Buildable Lot Area, is included as an attachment to this chapter.
(b)
Front, side and rear setbacks for schools will be 100 feet.
(c)
Schools must be served by a driveway entrance located upon a state highway.
(d)
Schools will comply with all applicable federal, state and municipal statutes, ordinances, rules, codes and regulations.
(14)
Ag-tivities/agritourism. The following activities are considered to be accessory to an established agriculture operation permitted under § 500-43A(4) and carried on under private ownership. These uses should be incidental and subordinate to the use of the property for farming. These regulations are intended to ensure that these activities are compatible with the permitted uses in the surrounding area.
(a)
Definitions. As used in this Subsection B(14), the following terms shall have the meanings indicated:
AGRICULTURAL TOURISM
Refers to the act of visiting a working farm or any agricultural, horticultural or agribusiness operation for the purpose of enjoyment, agricultural educational instruction, demonstration of production of farm products, or active involvement in the activities of the farm or operation.
AG-TIVITIES
Appropriately scaled events of limited duration on a farm that are incidental to agricultural uses, including, but not limited to, hayrides, corn mazes, festivals and other similar activities; on-farm sales, such as farm stands and pick-your-own operations retailing farm and farm-related products; and on-farm processing operations, provided they comply with all applicable state and municipal health codes.
NON-AGRICULTURAL-RELATED USES
Activities that are part of an agricultural operation's overall offerings but are not incidental to agriculture or tied to agricultural buildings, structures, equipment, and/or fields. Such uses may include, but are not limited to, weddings, receptions, fee-based outdoor recreation such as bird watching, hiking, snow-shoeing, horseback riding, and other such passive recreational activities.
(b)
General requirements. In addition to the provisions and standards of Article XXVI, the following conditions shall apply to these uses:
[1]
Parcel size. The minimum parcel size shall be five contiguous net buildable acres.
[2]
Frontage. The parcel shall have owned frontage of at least 25 feet on a Town road or state highway and shall be accessed over such frontage on a Town road or state highway.
[3]
Neighboring premises. The proposed use and improvements shall not adversely affect the enjoyment, usefulness and value of premises in the general neighborhood thereof. The location of outdoor events and activities associated with agritourism and/or ag-tivities on the farm shall take into consideration the current use of surrounding properties. The Commission may require a specific separating distance and/or an appropriate buffer strip with plantings, fences, or walls that screen any such activity from the adjacent properties.
[4]
Traffic. The proposed use and improvements shall not adversely affect the pattern, flow, intensity or character of traffic in the public streets or produce unsafe or inconvenient traffic congestion.
[5]
Parking. Adequate off-street parking for agriculturally related and non-agricultural-related uses above shall be provided. Parking shall, to the maximum extent possible, be located in areas on the site where they will be the least visible from access roads and adjoining properties.
[6]
Noise. Noise shall be so controlled as not to exceed Department of Environmental Protection standards for recreation areas and shall comply with the requirements of § 500-28.
[7]
Lighting. Exterior lighting shall be of a style and character which is in harmony with the character of the district. Lighting standards shall not exceed 12 feet in height. Lighting or luminaires shall have shielded light sources to prevent glare, and no exterior lighting shall shine on adjacent properties or towards any roadways.
[8]
Retail sales. Any retail sales shall be related specifically to the use granted and available solely for patrons of the farm.
[9]
Number of events. The number of events to be held shall be specified. Non-agricultural-related uses shall be limited to six within a given calendar year, unless the applicant can demonstrate to the Commission that there will be no adverse impact on neighboring properties.
[10]
Number of persons attending. The number of persons attending any ag-tivities/agritourism activities or event under this section shall not exceed 100.
[11]
Hours of operation. The hours of operation of ag-tivities/agritourism activities shall not be allowed before 9:00 a.m. or after 6:00 p.m., Sunday through Thursday, and before 9:00 a.m. or after 10:00 p.m., Friday and Saturday.
[12]
Temporary structures. Temporary accessory structures such as tents shall not exceed 1,200 square feet of floor area. Temporary structures must be put up no more than two days in advance of the event and removed from the property, unless it is to be stored in a permanent structure located on the site, no more than two days after the event for which they are first set up.
[13]
Buildings. New accessory buildings and structures for ag-tivities/agritourism activities under this section shall not exceed 600 square feet of floor area. Buildings may not be used for overnight use except as specified under Subsection A2(4).
[14]
Architectural design. The architectural design of buildings and signs, including the building materials and exterior elevations, shall be of such character as to reflect or accent existing farm structures and to harmonize with the neighborhood.
[15]
Uses not specified or expressly permitted by the Zoning Regulations are prohibited.
[16]
The duration of a permit for any of the uses in this Subsection B(14) shall be for a period of at least one year but not more than five years. Permits are renewable. The Commission shall take into consideration the past performance of the applicant in considering the renewal of any permit.
[17]
Any expansion of an existing facility shall require a special exception under this section.
[18]
All other applicable local, state, and federal permits shall be obtained.
[19]
Should the principal farm use be abandoned and/or discontinued, the accessory uses as provided in this section shall be terminated and shall not become the principal use.
(15)
Accessory apartment within an existing detached structure. An accessory apartment may be permitted on certain single-family residential properties containing five or more buildable acres within an existing detached structure subject to the conditions prescribed in Article XXVI of these regulations and Commission approval, provided that it also complies with all applicable state and Town ordinances, codes and regulations as well as the standards in § 500-61.
(16)
Accessory caretaker apartment. An accessory caretaker apartment may be permitted on certain single-family residential properties containing 20 or more buildable acres within a newly constructed detached structure subject to the conditions prescribed in Article XXVI of these regulations and Commission approval, provided that it also complies with all applicable state and Town ordinances, codes and regulations as well as the standards in § 500-61.
(17)
Affordable housing subdivision subject to the conditions prescribed in or pursuant to Article VII.
(18)
Conservation subdivision subject to the conditions prescribed in or pursuant to Article VIII.
(19)
Retirement housing subdivision subject to the conditions prescribed in or pursuant to Article XXXIV.
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 8-2-2011; 7-15-2014]
(1)
Signs. Any sign in conformance with the requirements prescribed therefor in Article XVII, Signs, of these regulations.
(2)
Vehicles; residence uses. The parking or storage of any commercial motor vehicle accessory to a use described in Subsection A or A2 shall not exceed one. Such vehicle is regularly used for transportation, does not exceed two tons' capacity, is used primarily for personal rather than business purposes and is usually parked or stored indoors.
(3)
Vehicles; other uses. The parking or storage of any commercial motor vehicle accessory to a use described in Subsection B shall not exceed three, is regularly used for transportation, does not exceed two tons' capacity and its location on the lot of the principal use is not less than 100 feet from any street line and 50 feet from any lot line.
(4)
Fences, pools, patios, decks and alternative energy sources in conformance with Town requirements and these regulations.
(5)
Outbuildings. Accessory outbuildings, including but not limited to barns, garages, sheds, and greenhouses less than 2,000 square feet in area, in conformance with Town requirements and these regulations. All outbuildings shall be harmonious whenever possible in style, size, and proportion with architecture typical elsewhere in the Residential District, and employ building materials that are harmonious in appearance with those typical elsewhere in the Residential District. If the outbuilding is not harmonious with typical architecture, such as a hoop building, it shall be placed to the rear of the principal building or other major building in a neat and orderly manner and in the most inconspicuous location practicable, and generally not visible from any street. A zoning permit is required for all outbuildings.
§ 500-44 Required characteristics.
The lot and the building involved in any general or special use in the Rural Residence District shall conform to the following characteristics:
A.
The minimum lot area of two acres shall be considered as an underlying or basic lot size. Soil Survey Maps prepared by the Soil Conservation Service of the United States Department of Agriculture and the Middlesex County Cooperative Extension Service describe soil characteristics and limitations of soils types for septic tank absorption fields by reason of high groundwater table, shallow depth to ledge rock, excessive slopes, excessive stoniness, poor filter, poor permeability, proximity to existing wetlands or watercourses, flooding or other physical characteristics. Soil Interpretations for Waste Disposal, the Connecticut Agricultural Experiment Station, Bulletin 776, describes the potential of design and management practices for overcoming the limitations. Limitations and potentials of soils are listed in Appendix A.[1] The description of soil characteristics, limitations, and potential in the Soil Survey of Middlesex County and Soil Interpretation for Waste Disposal is hereby made a part of these regulations. The maps of the Soil Survey of Middlesex County are incorporated as part of these regulations and shall be presumed to show the correct soil classification of land in the Town of Killingworth. This presumption may be rebutted by an applicant based upon a detailed soil survey made by a Commission-approved qualified engineer or soil scientist at the applicant's expense.
[1]
Editor's Note: Appendix A is included at the end of this chapter.
B.
In order to maintain the quality of surface and ground waters and the open space character of the Town and to protect the public health and safety, natural resource characteristics and suitability of soils for septic tank absorption fields shall be considered in determining a two-acre equivalent minimum buildable lot area. The contribution to the minimum buildable lot area by areas of the lot exhibiting the natural resource characteristics listed below shall be determined by multiplying the area in acres occupied by each resource characteristic by the indicated percentage. The minimum buildable lot area requirement is met when the sum of the contributions of all resource characteristics is at least two acres (see Appendix B).[2] At least 1 1/2 acres of the minimum buildable lot area shall be composed of a soil(s) belonging to Class A, B, C or D. The soils belonging to Class A, B, C or D comprising the 1 1/2 acres of the minimum buildable lot area shall be contiguous. In the case of soils with limitations for septic tank absorption fields, management practices are required to overcome the limitations.
[2]
Editor's Note: Appendix B is included at the end of this chapter.
C.
Resource characteristics; percentage applied to area in acres of resource characteristic to determine contribution to minimum buildable lot area. Minimum buildable lot area must equal or exceed two.
[Amended 5-18-2004]
Resource Characteristic | Percentage Applied to Area | ||
1. | Soil Classes (Appendix A) | ||
A | 100% | ||
B | 75% | ||
C | 50% | ||
D | 50% | ||
E | 25% | ||
F | 0% | ||
2. | Special flood hazard area | 25% | |
3. | Ponds, vernal pools, lakes and watercourses | 0% | |
4. | Slope. All areas of any soil class with naturally occurring slope in excess of 25% as measured over a horizontal distance of 40 feet. | 0% | |
D.
Lot and building requirements.[3]
(1)
Minimum lot area: two-acre equivalent minimum buildable lot area as defined in this section.
(2)
Minimum lot rectangle: 200 feet by 300 feet.
(3)
Minimum lot area per family dwelling unit: two-acre equivalent minimum buildable lot area as defined in this section.
(4)
Front lot setback: 40 feet.
(5)
Side setbacks, each: 30 feet.
(6)
Rear setback: 30 feet.
(7)
Maximum building coverage: 10%.
(8)
Maximum building height: 35 feet.
(9)
Impervious surfaces coverage: 20%.
[Added 8-2-2011]
[3]
Editor's Note: See also Appendix 1 at the end of this chapter.
