A. 
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:
[Amended 9-12-2022]
(1) 
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.
(2) 
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.
(3) 
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.
(4) 
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.
(5) 
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.
B. 
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.
[Amended 9-12-2022]
C. 
No customary home occupation shall be permitted unless all of the following requirements are met:
(1) 
Such use shall be clearly subordinate to the use of the premises as a residence.
(2) 
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.
(3) 
Not more than 25% of the floor area of the residential building shall be so used, nor more than 750 square feet of an accessory building.
(4) 
Not more than three nonresidents shall be employed by the home occupation.
(5) 
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.
(6) 
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.
D. 
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.
A. 
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.
B. 
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.
C. 
Standards. The following standards shall apply to all accessory apartments:
(1) 
An accessory apartment may be located only on a lot meeting the minimum gross lot area for the district in which it is located.
(2) 
No more than one accessory apartment may be located on any lot.
(3) 
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.
(4) 
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.
(5) 
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.
(6) 
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.
(7) 
Parking. Two off-street parking spaces shall be provided for every accessory apartment.
D. 
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.
[Amended 9-12-2022]
A. 
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:
(1) 
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.
(2) 
Enable homeowners to derive some extra income from their primary residence, with the goal of keeping properties intact.
(3) 
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.
(4) 
Reinforce public safety standards by proscribing parking along streets and other public areas.
(5) 
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.
(6) 
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.
B. 
Permitted short-term rental activities.
(1) 
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) 
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.
(b) 
A special permit shall be required for any short-term rental:
[1] 
To have more than six overnight guests.
[2] 
For a short-term rental on a nonconforming lot, regardless of the number of guest rooms and/or overnight guests.
[3] 
A short-term rental containing more than three but not more than six guest rooms. Such a short-term rental may serve no more than 12 guests at a time.
(c) 
Any application for a zoning permit or a special permit shall comply with all application requirements set out in these regulations.
(2) 
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.
(3) 
Standards for short-term rental facilities.
(a) 
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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
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.
(f) 
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.
(g) 
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.
(h) 
There shall be suitable direct vehicular access to each short-term rental facility from a public street.
(i) 
Consistent with § 315-7.16:
[1] 
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.
[2] 
Noise, including amplified music and loudspeakers, extending beyond the premises, and disturbing or capable of disturbing neighbors and other persons off-site is prohibited.
(j) 
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.
C. 
Prohibited short-term rental activities. The following are prohibited as part of a short-term rental facility:
(1) 
Short-term rentals made without permits or in violation of the terms of an issued permit are prohibited.
(2) 
Illegal activities conducted on the premises by the host or guests.
(3) 
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.
(4) 
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.
(5) 
Parking on the public right-of-way is prohibited.
(6) 
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.
D. 
Permits, inspections, fees, and enforcement.
(1) 
Permits, inspections, and fees.
(a) 
Town of Lyme permit to operate a short-term rental facility.
[1] 
An approved permit is required before short-term rental activities may commence.
[2] 
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.
[3] 
The application form requires (but is not limited to) the following information:
[a] 
Address of premises.
[b] 
Names of premises' owners along with contact information.
[c] 
Certification of primary residence of owners.
[d] 
Description of proposed rental structure.
[e] 
Maximum number of guests.
[f] 
Description of parking availability.
[g] 
Designated host(s): name, age, relationship to owner, contact information.
[h] 
Certification of primary residence of designated hosts.
[i] 
Intent to serve morning meals to overnight guests.
[4] 
A permit fee is required as part of the application. The fee amount may be found at https://townlyme.org/fees/.
[5] 
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.
[6] 
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).
(b) 
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.
(c) 
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.
(d) 
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.
(2) 
Enforcement; penalties.
(a) 
Sections 315-10.1 and 315-10.2 are applicable to short-term rentals.
(b) 
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.
(c) 
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.
A. 
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.
B. 
Siting preferences. Persons or organizations seeking to locate such structures within the Town of Lyme should use the following guidelines for site selection:
(1) 
Use nonresidential buildings and structures, such as silos, and power line structures for new towers and facilities.
(2) 
Jointly use new or existing towers and facilities, where feasible.
(3) 
Avoid potential damage to adjacent properties from tower failure through engineering and careful siting of towers.
(4) 
Protect historic and residential areas from potential adverse impacts of wireless communication facilities.
(5) 
Use careful siting and suitable design measures in order to minimize adverse visual impacts of wireless communication facilities.
(6) 
Site initial towers to reduce the number of towers and/or antennas needed in the future.
(7) 
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:
(a) 
Antennas on existing structures such as nonresidential buildings/facades, utility poles, steeples, chimneys, silos, windmills and existing approved towers.
(b) 
On new towers located on property occupied by one or more existing towers.
(c) 
On new towers located in Rural and Commercial Districts, excluding the conservation zone.
(d) 
On new towers located in Waterfront Districts, and the Conservation District.
C. 
Design guidelines. The Commission will be guided by the following preferences when reviewing applications for activities under § 315-8.4:
(1) 
Wireless telecommunication facilities where the antennas are mounted on the rooftop or facade of a nonresidential building:
(a) 
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.
(b) 
Facade-mounted antennas shall not protrude above the building structure and shall not project more than three feet beyond the wall or facade.
(c) 
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.
(2) 
Wireless telecommunication facilities where the antennas are mounted on existing utility poles, chimneys, silos and windmills:
(a) 
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.
(3) 
Wireless telecommunication facilities where a tower is located on property occupied by one or more towers:
(a) 
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.
(4) 
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.
(5) 
Towers not requiring Federal Aviation Administration (FAA) paintings or markings shall be painted a non-contrasting blue, gray or other neutral non-obtrusive color.
(6) 
No lights or illumination shall be permitted unless required by the FAA.
(7) 
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.
(8) 
A proposed tower shall be designed and constructed to all applicable standards of the American National Standards Institute, as amended.
(9) 
All towers shall meet the minimum setback requirements for the underlying zone. In addition, the following standards shall be met:
(a) 
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;
(b) 
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
(c) 
No new tower shall be located within a distance of three times the tower height, or be within a historic district.
(10) 
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.
(11) 
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.
D. 
Zoning interpretation. In addition to all other standards set forth in these regulations, the following requirements are applicable to towers, antennas and related facilities:
(1) 
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.
(2) 
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.
E. 
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.
(1) 
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) 
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.
(b) 
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.
(c) 
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.
(d) 
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.
(e) 
A detailed list of all antennas and mounting supports indicating size and color.
(f) 
Elevations of all proposed visual screening and fencing and details of material including color.
(g) 
Elevations of all proposed equipment buildings, enclosures and cabinets.
(h) 
Design plans and tower base elevation showing the height and fall circles of all towers.
(i) 
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.
(j) 
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.
(k) 
Proposed access to the site.
(l) 
Proximity of the tower to residential structures.
(m) 
Nature of uses on adjacent and nearby properties within 1,000 feet.
(n) 
Surrounding topography within 1,000 feet at contour intervals not exceeding 10 feet per USGS quad map of the area.
(o) 
Design of the tower with particular reference to design characteristics that have the effect of reducing or eliminating visual obtrusiveness.
(p) 
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.
(q) 
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.
(2) 
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.
(3) 
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:
(a) 
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.
(b) 
Detailed propagation and antenna separation analysis relative to tower height.
(c) 
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.
(d) 
Assessment of tower structure type.
(e) 
Achievement of design characteristics/architectural treatments that mitigate, reduce or eliminate adverse visual obtrusiveness on adjacent areas.
(f) 
Consideration of future use or reuse of the site, with provisions for facility removal and site restoration.
F. 
Accessory buildings and cabinets. All accessory buildings and cabinets associated with wireless telecommunication facilities shall comply with the following:
(1) 
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.
(2) 
Each building shall comply with the setback requirements for accessory buildings for the zoning district in which it is located.
(3) 
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.
(4) 
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.
(5) 
All utilities shall be underground.
G. 
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.
A. 
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.
B. 
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.
C. 
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.
D. 
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.
E. 
No more than 75% of fruit that is to be used in the manufacture of wine at a farm winery may be imported from alternate sources.
F. 
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.
G. 
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:
(1) 
Produce wine on site;
(2) 
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;
(3) 
Sell sealed bottles of wine not to be opened or consumed on site; and
(4) 
During wine tastings conduct activities secondary and accessory to the principal use as a farm winery, including but not limited to:
(a) 
The on-site sale of wine-related merchandise, e.g. corkscrews, hats, tee shirts, wine glasses and other wine-related merchandise; and
(b) 
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.
H. 
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:
(1) 
A precise description of each proposed use and activity;
(2) 
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;
(3) 
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;
(4) 
The days on which the applicant proposes to conduct activities and the hours of operation proposed for each day; and
(5) 
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.
I. 
Farm winery parking.
(1) 
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.
(2) 
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.
J. 
Single-family residential structures may be permitted on site subject to all other applicable regulations.