Purpose. The purpose of this section is to regulate any occupation
or nonresidential use customarily conducted entirely within a dwelling,
within the principal building on a lot, or within an accessory building,
and carried on by the residents thereof, which is clearly incidental
and secondary to the use of the dwelling for residential purpose.
The customary home occupation shall conform to the following standards
of these regulations and is an additional use for which an application
for a zoning permit and certificate of zoning compliance is required.
"Customary home occupation" shall include the following activities:
Preparation and sale of those items produced in the home, garden,
farm or nursery, provided that such items are created entirely on
the premises, such as home baking, needlework, dressmaking, tailoring,
fruits and produce and home preserves.
Preparation and sale of items of arts and crafts based on individual
talent, provided that such items are created entirely on the premises,
such as painting and illustrating, wood carving, cabinet making, ceramics,
writing, sculpture, ornamental glass and metal working.
Instructional classes and lessons for not more than six students
at a time, which are customarily associated with home occupations,
such as music, arts and crafts.
The conduct of a professional office, where the principal resides
on the premises, such as offices for real estate, insurance, accounting,
building contractor, architect, lawyer, musician, doctor, physical
therapist, engineer and surveyor.
A private workshop necessary to the skilled trade of a resident
of the premises, provided that there is no manufacture or sale of
goods on the premises, such as a workshop for a plumber, electrician,
carpenter, heating contractor, painter, paper-hanger, or appliance/electronics
repair person.
A customary home occupation shall not include barbershops, beauty
shops, dancing schools, karate schools, fitness studios, restaurants,
printing shops, employment agencies, radio stations, dentist offices,
or other such uses where traffic, water usage, disposal of waste products,
noise, lighting or odors shall significantly exceed that of a typical
single-family dwelling.
No additional on-street parking shall be permitted. Sufficient
off-street parking shall be provided at least 25 feet from street
and lot lines, and it shall be screened from adjoining residential
properties.
No finished goods shall be acquired from elsewhere for sale
in connection with the home occupation except that internet resale
of items not produced in the home is permitted provided that the items
for sale can be shipped by normal United States Postal Service methods
and do not result in any additional traffic beyond normal mail delivery.
No home occupation shall create interference with radio and
television reception in the vicinity, nor create a health or safety
hazard, nor be disruptive to adjacent property or the neighborhood.
There shall be no discharges of a hazardous or toxic substance to
the air, surface water, groundwater or ground.
Application. An application for a home occupation shall be submitted
on a form provided by the Town, signed by the applicant, who shall
be a resident of the property in which the home occupation is proposed.
The application shall include, at minimum, a detailed description
of the proposed home occupation and any required machinery, equipment
or materials to be used, the number of employees that will be employed,
and the written consent of the landowner. A plan shall be submitted
showing the floor area of any structures and any outdoor areas to
be used by the home occupation. A description of the frequency and
type of commercial and customer vehicles associated with the occupation
shall also be submitted. When issued, the permit is personal to the
applicant and shall not be used by any other person or persons to
perpetuate the home occupation. An expansion or alteration of a home
occupation shall require a new permit.
Purpose. The purpose of § 315-8.2, Accessory apartments, is to allow the use of a room or set of rooms within or accessory to a principal residence as a separate living facility, in order to provide a separate living arrangement which allows privacy within the dwelling unit, permits homeowners a means of obtaining supplemental income, creates housing units for moderate-income individuals, and creates housing for small household units within the Town of Lyme.
Eligibility. Accessory apartments may be considered and may be approved
in Rural Districts, except Floodplain Districts. A permit from the
Zoning Enforcement Officer is required for all accessory apartments.
An accessory apartment may be permitted in the R-40 District by special
permit only. In addition, accessory apartments not attached to a principal
structure on lots which share a common driveway or private road serving
two or more building lots shall only be allowed by special permit
regardless of the zone in which the lots are located.
An accessory apartment may be located within the principal structure
or in an attached or detached accessory building, provided that the
apartment is clearly secondary to the principal use and structure
on the property. The property's appearance should be that of a single-family
dwelling, with or without customary outbuildings such as garages,
sheds or barns.
Every accessory apartment shall have its own means of egress
separate from the egress to the principal dwelling. The separate means
of egress shall blend with the architectural style of the building
in which it is located. A dwelling containing an accessory apartment
shall retain substantially the character and appearance of a single-family
residence.
The floor area of living space, excluding exterior access and
utility areas, for an accessory apartment located in a principal structure
shall not exceed 25% of the gross floor area of the building in which
it is located or 1,200 square feet, whichever is less. The minimum
required floor area of an accessory apartment shall be not less than
400 square feet. An accessory apartment located in an accessory building
shall not exceed 1,200 square feet nor be less than 400 square feet.
Each accessory apartment shall have its own independent bathroom
and kitchen facilities. All dwelling units on the property shall conform
to the State of Connecticut Public Health Code, including provisions
for potable water supply and subsurface sewage disposal.
Application. An application for an accessory apartment shall be submitted
on a form provided by the Town. The application shall include, at
minimum, a plan showing the floor area of the principal structure
and of the accessory apartment. The plan shall also show egress and
parking for the apartment. A property layout plan showing provisions
for water and sewage disposal shall be provided, along with approval
of the local health director or designated health agent, prior to
issuance of a zoning permit for an accessory apartment.
Purpose of short-term rental regulations. This section defines the administration and standards for all short-term rental activity for no more than 30 consecutive calendar days. These standards include all such short-term rentals, including those labeled as "bed-and-breakfast." This section supersedes the previous regulations, § 315-8.3, Bed-and-breakfast establishments. These regulations are intended to:
Maintain the tranquility of the Town's rural neighborhoods for
all residents, particularly with regard to lighting, noise, parking,
parties, and other activities that interfere with residents' quiet
enjoyment of their neighborhoods.
Regulate all short-term rental activity as defined by these
regulations in order to minimize the off-site impact of short-term
rentals, and to support public health standards in neighborhoods.
Better ensure that the owners and hosts of short-term rental
properties have clear understandings of their legal responsibility
to oversee and control the occupants of short-term rentals.
Be consistent with the vision, policies and recommendations
of Lyme's most recent Plan of Conservation and Development, and to
encourage the most appropriate use of land.
No property in the Town of Lyme shall be used as a short-term
rental establishment as defined by these regulations until the appropriate
authority of the Town of Lyme issues a zoning permit or a special
permit, as the case might be, to authorize such use.
A zoning permit shall be required for a premises on a conforming
lot and having three or fewer guest rooms, at which there may be no
more than six overnight guests during any rental period.
The short-term rental facilities should reinforce public safety
standards and complement the general appearance of the neighborhood
in which it is located. Regulations, procedures, and standards in
this section shall be coordinated with and support other Zoning Regulations.
The short-term rental facility must be within the property owner(s)'
primary residence or located in an approved accessory building on
the same lot as the residence.
A host, at least 21 years of age, must live on-site at the short-term
rental during the entirety of any rental period. A host shall be personally
responsible for oversight of rental guests and compliance with the
zoning permits and regulations pertaining to short-term rentals, including
those related to such things as number of guests, parking, noise,
and outdoor lighting. The host's responsibility shall be in addition
to, and not in derogation of, that of the property owner.
One or more hosts must be designated on the permit application
and approved by the zoning official. The owner(s) of the premises
will generally be identified as host(s). However, other individuals
for whom the family dwelling unit, or another dwelling unit on the
same lot, is considered their primary residence may also be designated
on the permit as host(s). The permit shall include contact information
for the property owner(s) and each identified host, including telephone
numbers and email addresses, to allow for immediate contact at any
time of day or night.
Any on-site septic system or wells shall conform to the Connecticut
Public Health Code and be adequate for the use of the dwelling, as
defined on the application.
Prior to the issuance of any short-term rental permit, the applicant shall provide satisfactory written evidence that all required inspections have been performed and that state and local licenses and permits have been obtained. Required inspections and permits are listed in Subsection D.
A morning meal may be prepared by the owner or host on-site
and served to overnight guests if: a) the facilities have been reviewed
by the Health Department and Fire Marshal and permitted for such service;
and b) if such use is expressly permitted by the zoning permit or
special use permit issued for the site. No other meals may be prepared
or served at any short-term rental. No catering may be provided.
Consistent with § 315-21.1, the space for off-street parking shall be adequate in size, layout, and design to facilitate the free flow of traffic on public streets and the safe ingress and egress from the premises. The number of parking spaces shall be sufficient to accommodate the vehicles of all occupants and visitors. All parking must comply with the Town's Zoning Regulations and any other relevant governmental requirements.
There shall be no exterior floodlighting. Parking, sidewalks,
and exterior spaces may be lit for safety using light bollards and
other low-level lighting standards with shielded light sources and
cutoffs preventing light from intruding on neighboring properties.
Noise, including amplified music and loudspeakers, extending
beyond the premises, and disturbing or capable of disturbing neighbors
and other persons off-site is prohibited.
Signage, if otherwise allowed in the zoning district, shall
comply with the requirements for the zoning district and be approved
as part of the zoning or special use permit for the STR.
A short-term rental may not be used or permitted by the Town
to be used by short-term renters, or owners or hosts on behalf of
short-term renters, as an event venue of any kind, whether or not
for consideration. For these purposes "events" shall include but not
be limited to gatherings such as weddings, parties, concerts, or banquets
to be attended by persons who are not the owners, hosts, or overnight
guests of the short-term rental.
Consistent with § 315-7.16, noise, including amplified music and loudspeakers, extending beyond premises' boundaries, and capable of disturbing the neighbors and other persons off-site is prohibited.
The sale of other goods and services to anyone at or from the premises is restricted to those allowed under customary home occupations (§ 315-8.1). Such sales must be expressly approved under § 315-8.1 regulations.
Each application for a permit or renewal must be submitted to
the Zoning Enforcement Officer on a form provided by that office.
An application will be considered complete when an application form,
fee, and all written evidence of satisfactory results of all required
inspections and permit applications are filed and approved.
The Zoning Enforcement Officer will review results of all required
inspections and, at the Zoning Enforcement Officer's discretion, may
require an additional in-person inspection before issuing the short-term
rental permit.
Zoning and special permits must be renewed annually. Renewal requires up to date inspections and permits described in Subsection D(1)(b), (c), and (d).
Health Department permits and inspections. A review of the septic
system and well water will be required. A separate review fee is required
by Ledge Light Health District. Proof of a satisfactory health review
is required as part of the Town of Lyme's short-term rental application.
Sale of other goods and services. If the owners of the short-term rental facility sell goods or services other than lodging and morning meals to overnight guests, these goods and services must conform to and be permitted under the Town's customary home occupations (§ 315-8.1). An additional permitting fee may be required.
Safety requirements and inspections. The owner will attest that
all smoke, fire, and CO alarms are installed and that located alarms
have been tested monthly and are operational. The Fire Marshal's office
may require a safety inspection of the facility, especially if a morning
meal is served to guests.
Penalty for noncompliance with these regulations may include
immediate revocation of an existing short-term rental permit, a decision
not to renew an existing permit, the issuance of a cease-and-desist
order, or other enforcement action as provided by law.
Nothing in this section shall preclude the Town from seeking
any other legal or equitable remedy or from creating a citation hearing
procedure to obtain compliance with these regulations.
Purpose. The purpose of this section is to establish criteria for
local review of telecommunication towers, antennas and facilities
where such review is authorized under the Connecticut General Statutes
or is provided for under state and federal regulations. It is further
intended to express the land use preferences of the Town of Lyme regarding
such structures in order to assist developers in determining community
preferences.
Siting preferences. Persons or organizations seeking to locate such
structures within the Town of Lyme should use the following guidelines
for site selection:
The order of preference for alternative facility locations shall
be as follows (in descending order) with the least relative adverse
visual impact being the most preferred:
Antennas on existing structures such as nonresidential buildings/facades,
utility poles, steeples, chimneys, silos, windmills and existing approved
towers.
Equipment cabinets and sheds shall meet the requirements of
these regulations. Facilities shall be of a material or color matching
the exterior of the building and shall blend into the existing architecture.
Roof-mounted antennas shall be set back from the front or side
roof edge a minimum of 10 feet or 10% of the roof width, whichever
is greater. The Commission may consider an architectural treatment
of the antennas that is more in harmony with the basic structure and
neighborhood.
Equipment cabinets and sheds shall meet the requirements of
these regulations. Facilities shall be of a material or color which
matches the exterior of the structure and shall blend into the existing
architecture of the structure.
New equipment cabinets and buildings shall meet the requirements
of these regulations. The applicant shall demonstrate that the antennas
cannot be co-located on an existing tower or other structure. The
Commission may request outside technical assistance to make such a
determination, the cost of which will be borne by the applicant.
Monopole towers are the preferred design, unless it can be demonstrated
that another type such as a guyed narrow lattice structure will better
achieve the desired visual goals. The Commission may require that
a monopole be designed and treated with architectural materials so
that it is camouflaged to resemble a woody tree with a single trunk
and branches on its upper part or other suitable art form/sculpture
as determined by the Commission.
Towers not requiring Federal Aviation Administration (FAA) paintings
or markings shall be painted a non-contrasting blue, gray or other
neutral non-obtrusive color.
The proposed support structure, building and electrical utilities
shall be required to accommodate multiple users to the extent practical.
These users shall include other wireless communication companies,
business, municipal public safety and emergency services. If co-users
are not known at the time of application, applicants may base design
for consumer equipment requirements similar to their own.
A new tower shall not be located within a distance of three
times the tower height of an existing residence or proposed residence
with a valid building permit as of the date of the submittal of the
proposed tower application;
No new tower shall be located within a distance of three times
the tower height of a playground, school, day care, or outdoor recreational
facility; and
The tower structure and any guy wire anchors shall each be surrounded
by a chain-link fence and landscaped with a visual screening border
of evergreen trees at least six feet in height that are drought and
deer resistant and which shall be properly maintained by the facility
owner for the life of the facility. Anchors shall meet setback requirements
for that zone.
A special permit will not be granted for a tower built on speculation.
The applicant must provide written evidence that at least one licensed
carrier has agreed to lease space on the proposed tower.
Zoning interpretation. In addition to all other standards set forth
in these regulations, the following requirements are applicable to
towers, antennas and related facilities:
A tower must comply with the setback requirements of the district
in which it is located. Unless otherwise permitted in these regulations,
a tower shall be placed a distance from all property lines at least
equal to the height of the tower. In nonresidential zones, where it
can be demonstrated by the applicant that it is unlikely that any
building will be constructed on adjacent property within the tower
fall circle and that adjacent property is not zoned for or currently
used for residential purposes, the Commission may approve a lesser
distance, reduced by no more than 1/2, or in the case where the design
and installation of the structure limits the collapse distance to
less than the height, the distance may be reduced by no more than
1/3.
A telecommunications facility may be considered as either a
principal or accessory use. The minimum lot area for the construction
of a new tower shall be that of the zone in which it is located. More
than one tower on a lot may be permitted if all setbacks, design and
landscape requirements are met for each tower. A telecommunications
facility may be located on leased land as long as there is adequate
ingress and egress to the site for service vehicles and such access
is documented in a deed easement presented to the Commission.
Applications. When a tower, antenna or related facility is subject
to the jurisdiction of the Lyme Planning and Zoning Commission, the
structure will be allowed only by a special permit approved by the
Commission.
Information requirements. For towers over 65 feet in height, the Commission may require independent engineering or technical review of submitted materials at the applicant's expense. In addition to the requirements of Articles 11 and 12, the following additional information may be required where applicable:
A map indicating the service area of the proposed telecommunications
site, showing the provider's plan or model for the coverage of all
areas in the Town of Lyme and the locations of all existing and proposed
towers that would provide that coverage.
Where a new tower is proposed, the applicant shall demonstrate
that co-location on an existing or proposed tower is not feasible.
All existing and/or proposed wireless service facilities within 1/2
mile of the proposed tower shall be shown on the site plan. The applicant
shall demonstrate, in a written report, that the service proposed
cannot be provided by adding equipment to these existing or proposed
towers or that the owners of these other towers have denied the applicant's
request for co-location. The applicant shall also show tall structures
(over 65 feet in height) located 1/2 mile from the proposed tower.
The applicant must demonstrate that placing antennas on these tall
structures is either not technically feasible or that the owner of
the tall structure has denied the applicant's request to locate on
the structure.
A report from the applicant indicating why the proposed site
location is necessary to satisfy its function in the applicant's proposed
wireless telecommunications system. For new towers, the applicant
shall provide a written report of the process by which other possible
sites were considered and eliminated. At least one higher preference
site shall be included in the report.
A scaled plan and elevation drawing showing where and how the
proposed antenna and mounting supports will be affixed to a particular
building or structure.
A description of the tower capacity, including the number and
type of antennas it can accommodate as well as the proposed location
of all mounting positions for co-located antennas and minimum separating
distances.
A signed statement from the radio frequency engineer indicating
that the proposed wireless telecommunication facility will comply
with current Federal Communications Commission (FCC) radio frequency
emission standards and will be operated in accordance with the owner's
FCC license and FAA requirements.
A visual analysis showing all areas from which the tower would
be visible and a simulation of the proposed site in order to help
the Commission determine the visual impacts associated with the proposal.
This visual analysis should include a simulation (using a balloon,
facsimile antennas with crane or computer-generated landscape view
from each octant of the compass) of the tower's appearance from the
furthest extent of the tower's visibility from the public roadway
at the five-foot height station and from a distance of 1,000 feet.
The applicant shall provide at least three such simulations.
Propagation modeling results to facilitate the Commission's
review of tower height and proposed coverage. The applicant shall
submit a propagation study for the lowest and highest antenna height
on the tower to ensure adequate coverage of Lyme while minimizing
visual impacts. The Commission also may request propagation modeling
for elevations higher than the highest proposed antenna height or
lower than the lowest proposed antenna height.
No signs or advertising shall be permitted on any tower or antenna,
except that "No Trespassing," warning and ownership signs are permitted
at ground level.
Application review standards. In addition to other appropriate
review standards found in these regulations, the Commission, in reviewing
applications for wireless telecommunication facilities, shall consider:
Detailed analysis of alternative sites, structures, antennas and access as provided by the applicant. Particular attention will be placed upon the siting preferences found in § 315-8.4B of these regulations.
Tower sharing or co-location to facilitate the telecommunication
needs of municipalities, emergency services and other entities in
order to reduce the need to construct additional towers.
Accessory buildings and cabinets. All accessory buildings and cabinets
associated with wireless telecommunication facilities shall comply
with the following:
Within rural zones, the accessory building shall not exceed
450 square feet gross floor area for the initial telecommunication
facility, minimal increased floor area is permitted for sharing purposes,
and the building shall have a roofline characteristic of other buildings
in the vicinity. Only one building per facility is allowed in rural
zones.
If located on the roof of a building, it shall be designed to
blend with the color and design of the building to the extent possible,
and including any feasible screening considerations.
All ground-level buildings, boxes or cabinets shall be surrounded
by a chain-link or comparable fence and landscaped with a visual screening
border of evergreen trees at least six feet in height that are drought
and deer resistant and shall be properly maintained by the facility
owner.
Abandonment of telecommunications facilities. A wireless telecommunication
facility not in use for 12 consecutive months shall be removed by
the facility owner at its expense. This removal shall occur within
90 days of the end of such twelve-month period. The Commission shall
require a bond or other surety satisfactory to the Town of Lyme to
guarantee removal of the facility, and which shall be reviewed every
two years. The bond or surety must remain effective for the life of
the permit. If there are two or more users of a single tower, this
provision shall not become effective until all users cease utilizing
the tower.
Farm wineries as defined in Article 2 shall only be permitted on
a farm. Nothing in these regulations shall prohibit a farm winery
from being created, maintained and operated on a farm at the same
time and on which other permitted activities exist or might come into
existence, including, without limitation, farming or related agricultural
activities which are a use by right on the farm.
Farm wineries shall be operated pursuant to § 30-16 of
the Connecticut General Statutes subject to these zoning regulations
and such conditions and limitations as may be placed on a farm winery
by the Commission as part of a special permit.
A farm winery shall have a minimum of two acres dedicated to the
growing of grapes, apples or other fruit for the purpose of producing
wine on the site.
The farm winery permittee shall grow on the premises of the farm
winery an average crop of fruit equal to not less than 25% of the
fruit used in the manufacture of wine on the premises by the farm
winery.
A farm winery may only sell or offer for sale or offer samples of
tastings of wine manufactured on site by the farm winery in compliance
with the requirements of these regulations and the special permit.
Neither a farm winery nor any uses accessory thereto may be conducted
unless the Commission approves an application for a farm winery special
permit, under which the Commission may authorize a person granted
the special permit to:
By appointment only, offer samples of wine produced on site
to visitors and prospective retail customers for tasting and consumption
on the site. The tastings shall be limited to 1/2 ounce per vintage
with a limit of four vintages served per customer and an additional
four-ounce glass of a single vintage per customer;
Such other uses and activities as are clearly secondary and
subordinate to a farm winery and customarily associated therewith
that the Commission determines may be conducted safely and without
undue disturbance to persons and property off the site.
Additional information requirements. Every application for a special
permit for a farm winery and/or for any accessory uses associated
therewith shall comply with all procedural and informational requirements
of these regulations for special permits and contain plans and narratives
describing and depicting in detail all aspects of the proposed use(s),
including without limitation:
Plans prepared and sealed by relevant professionals, e.g., architects
and/or engineers, depicting all buildings and structures to be used
to conduct any proposed activity, all on-site parking areas and proposed
means of vehicular ingress and egress;
Descriptions (including the proposed locations on the site),
plans and specifications for all personal property, equipment, and
machinery to be used to conduct any proposed activity;
The proposed occupancy for each proposed use. The maximum occupancy
for any particular category of events at the site shall be based in
part on the size of the space and/or facility within which the activities
are proposed to be conducted and on other factors related to the safety
of the participants and the harmony of the use(s) with the neighborhood.
Parking. An applicant shall demonstrate to the Commission's
satisfaction that adequate parking is available for the farm winery
and accessory uses or activities proposed in the application.
The applicant shall provide off-street parking sufficient in
size and type to accommodate the largest number of vehicles anticipated
to be at the site during any permitted activity.