[Added 9-21-2021]
As used in this article, the following terms shall have the
meanings indicated:
A building or structure is considered historic if it meets
at least one of the following criteria:
Any building or structure which, in whole or in part, is known
or presumed to be at least 75 years old or which has been determined
by the Historic Review Committee or other designated authority to
be significant to the community based on one or more of the following
criteria:
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
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
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
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.
The building or structure is listed as an historically significant
building or site in the Killingworth Plan of Conservation and Development.
The building is one of approximately 150 historically significant
houses and structures as inventoried in Killingworth's Survey of Architecturally
Significant Buildings, prepared in cooperation with the Connecticut
River Estuary Regional Planning Agency in 1980.
The purpose of this regulation is to further the preservation,
rehabilitation, restoration, reconstruction and/or adaptive reuse
of historic buildings or structures. The regulation may be applied
in those circumstances where applicable zoning regulations have the
practical effect of requiring demolition or discouraging the preservation
or continued use of historic buildings. The provisions of this regulation
are applied over the existing zoning regulations for the district.
A.
The continued use or occupancy of the building or structure would
not be permitted under the existing regulations for the district and
would require or incentivize the removal or demolition in order to
establish a new use, building, or structure that would comply with
the existing regulations.
B.
In addition to an application for an historic building or structure,
the applicant must submit the following:
(1)
Information sufficient to demonstrate that the building or structure
meets any one of the criteria set forth in the definition of "historic
building or structure" in § 500-233A(1) through (6).
(2)
Any proposed plans for alteration to the historic building or
structure or its use.
(3)
All applications shall be accompanied by a perpetual preservation
easement pursuant to Connecticut General Statutes, § 47-42a-c,
enforceable by the Planning and Zoning Commission with the advice
of the Historic Review Committee, which shall provide, among other
things, for the right of the holder of the easement to do all things
necessary to preserve the structural and historic integrity of the
historic building or structure and to charge the expense thereof to
the owner upon the owner's failure to keep the exterior of the structure
in good repair.
A.
When considering an application, the Planning and Zoning Commission
shall consider and determine in each case whether:
(1)
The preservation of the historic building or structure is in
the public interest and will promote the general health and welfare
of the residents of the Town.
(2)
The proposal will permit the preservation and exterior historic
integrity of the historic building or structure.
(3)
The proposal will be contextually consistent with the architectural
design, scale and massing of the subject structure as well as with
its immediate surroundings.
(4)
The proposal will be consistent with the current Town Plan of
Conservation and Development.
B.
Any permit granted under this regulation shall prescribe the specific
conditions to be observed and exterior architectural elements which
are to be maintained for the historic building or structure.
C.
Once a permit has been granted, the historic building or structure
shall not be altered unless such alteration is reviewed by the Commission,
with referral to and due consideration of the recommendations of the
Historic Review Committee.
A.
General principal uses requiring zoning administrative permit. The
following general principal uses only when specifically authorized
in the particular instance by a zoning administrative permit issued
by the Zoning Enforcement Officer:
(1)
Customary home occupations, subject to the conditions in § 500-43A(3).
(2)
Family day-care home licensed by the State Department of Public
Health.
B.
Principal uses requiring site plan approval. The following principal uses 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 of these regulations. An application for site plan review shall be prepared and submitted in the same manner as provided in Article XXVI for special exception applications.[2]
(1)
Bed-and-breakfast 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.
C.
Special principal uses requiring a special exception. The following special principal uses only when specifically authorized in the particular instance by special exception subject to the conditions prescribed in Article XXVI of these regulations.[3]
