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.
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.
[Added 11-1-2016]
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.
[Added 11-1-2016]
Forty-three thousand five hundred sixty square feet.
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).
[Added 5-21-2013]
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.
[Amended 6-3-2008]
A building accessory to a farm and used primarily for agricultural
purposes, but not used for human habitation.
[Amended 11-1-2016]
Thirty-one U.S. gallons.
[Added 11-1-2016]
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.[2]
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.
[Amended 6-3-2008]
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.
[Amended 11-1-2016]
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.
[Amended 11-1-2016]
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 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.
The Killingworth Planning and Zoning Commission.
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.
[Amended 11-1-2016]
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.
[Amended 11-1-2016]
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.
[Added 11-1-2016]
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.
[Amended 11-1-2016]
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.
[Amended 6-3-2008; 11-1-2016]
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.
[Amended 11-1-2016]
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.[3]
See "agriculture and farming."
[Added 5-21-2013]
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.
[Added 5-18-2004]
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.
[Added 11-1-2016]
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:
[Added 11-1-2016[4]]
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 a historically significant
building or site in the Killingworth Plan of Conservation and Development.
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.
[Amended 5-21-2013]
A stable or barn where horses owned by others besides the
property owner/occupant may be boarded for profit or gain.
[Added 5-21-2013]
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.
[Amended 5-21-2013[5]]
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.
[Added 8-2-2011]
Any structural addition to or other change in the condition
of land, including the underground installation of utility lines.
A 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]
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.[6]
[Added 5-18-2004]
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.
[Amended 11-1-2016]
The area of a horizontal plane bounded by all lot lines.
[Added 11-1-2016]
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.
[Added 11-1-2016]
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.
[Added 11-1-2016]
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.
[Amended 5-18-2004]
Maps for the Town of Killingworth prepared by the Middlesex
County Cooperative Extension Service.
Town Base Map.
Detailed Soil Survey.
Soils with Limitations for On-Site Sewage Disposal.
Soils with Limitations for Homesites with Basements.
Soils with Limitations for Streets and Parking
Lots.
Inland Wetland Soils.
Special Soils.
Prime Agricultural Soils.
Erosive Soils.
Aquifer Recharge Area.
Streams.
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.)
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.)
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.)
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,[8] 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]
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.
[Amended 11-1-2016]
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.
[Added 12-16-2008]
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.
[Added 11-1-2016]
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.
[Added 11-1-2016]
The effect or condition defined in § 22a-38(8)
of the Connecticut General Statutes.[9]
The primary purpose or function for which a premises is used,
designed, or intended to be used.
[Added 11-1-2016]
A 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]
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.
[Added 6-20-2023]
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.[10]
A school, charter school, technical school, or community
college maintained by a municipal, regional, or state board of education.
[Added 5-18-2004]
The required open space between any building and a lot line.
The distance prescribed for a setback is measured perpendicularly
from each lot line.
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.
[Added 12-16-2008]
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.
[Added 12-16-2008]
See "horse stable."
[Added 5-21-2013]
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.[12]
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.[13]
[Amended 11-1-2016]
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.
[Added 11-1-2016]
The greatest vertical distance between the finished grade
elevation at any point of consideration and the highest point of the
structure.
[Added 11-1-2016]
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.
[Added 5-18-2004; amended 11-1-2016]
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.
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.
[Added 11-1-2016]
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.
[Added 5-18-2004; amended 11-1-2016]
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.
[1]
Editor’s Note: Appendix B is included at the end of this chapter.
[2]
Editor's Note: The definition of "boardinghouse," which immediately
followed this definition, was repealed 5-21-2013.
[3]
Editor’s Note: The former definition of “family
dwelling unit,” which immediately followed this definition,
was repealed 11-1-2016.
[4]
Editor's Note: This enactment also repealed the former definition
of "historic home," which immediately followed.
[5]
Editor's Note: This amendment also repealed the definition
of "horse stable, noncommercial" which immediately followed.
[6]
Editor’s Note: The former definition of “land,”
which immediately followed this definition, was repealed 11-1-2016.
[7]
Editor's Note: Appendix B is included at the end of this chapter.
[9]
Editor’s Note: The former definition of “prefabricated
home,” which immediately followed this definition, was repealed
11-1-2016.
[10]
Editor’s Note: The former definition of "roadway," which
immediately followed this definition, was repealed 11-1-2016.
[11]
Editor's Note: The definitions of "sign, advertising," "sign area," "sign, business name" and "sign, resident name" which immediately followed this definition were deleted 6-3-2008. See § 500-108 for definitions of these terms.
[12]
Editor’s Note: The former definition of “streambelt
map,” which immediately followed this definition, was repealed
11-1-2016.
Additional definitions are found under the following
articles:
