Words in the present tense include the future; the singular
number includes the plural and vice versa; the word "person" includes
a partnership, corporation or other entity; the word "lot" includes
the words "plot" and "parcel"; the word "building" includes the word
"structure."
For the purpose of these regulations, certain terms or words
shall be defined as below. Additional definitions are found elsewhere
in these regulations.
A second dwelling unit, within and accessory to an existing single-family dwelling, or in a separate accessory structure on the same lot as the principal dwelling, for use by a separate household, with provision for cooking, eating, sleeping and sanitation, meeting the requirements of § 315-8.2.
Any building which is subordinate to and whose use is incidental
and accessory to the use of the principal building on the same lot.
A detached accessory building shall be one which is not attached to
the principal building by any covered porch, breezeway, or other roofed
structure.
See "short-term rentals" (STRs).
[Amended 9-12-2022]
Any structure having a roof and intended for the shelter,
housing or enclosure of persons, animals, equipment or materials.
Any other structure more than six feet high shall be considered as
a building, including a solid fence or wall, but excluding an electric
transmission line or an electric light, telephone or telegraph pole,
highway bridge or railroad bridge or flagpole.
The ground area enclosed by the walls of a building together
with the area of all covered porches and other roofed portions.
The percentage which the aggregate building area of all buildings
and structures on a lot bears to the total area of that lot.
A line drawn within lot boundaries, with a length equal to
or greater than the required minimum lot width, parallel to a street
at a distance equal to or greater than the required front yard setback,
or at such distance otherwise required by Town ordinance, these regulations,
or by a plan of subdivision or resubdivision approved by the Planning
and Zoning Commission.
A space in a suitable and permanent building kept, used,
maintained, advertised and held out to the public to be a place where
alcoholic liquor or food is served for sale at retail for consumption
on the premises, but which does not necessarily serve hot meals, and
need not have a kitchen or dining room.
The area subject to the provisions of Chapter 444 of the Connecticut General Statutes, as may from time to time be amended. The coastal area is defined and delineated on coastal boundary maps on file in the Lyme Town Hall. See Article 13 for requirements within the coastal area.
Any cutting or removal of forest tree species which exceeds one acre in extent and is not covered under the definition of "noncommercial cutting." See Article 17.
A plan showing the applicant's property and abutting property owners, a description of the activity to be undertaken, and a certification by a public or consulting forester that the plan is consistent with the minimum standards for the cutting of timber set forth in Article 17 of these regulations.
A kennel maintained for the keeping of dogs for commercial purposes, including boarding, grooming, and breeding two or more litters of dogs per year, as provided in § 315-4.3I.
The Planning and Zoning Commission of Lyme.
Vegetative management or minor land disturbing activities
intended to benefit native wildlife, ecological integrity, or biodiversity
that do not conflict with the purposes of the district. Activities
may be for the purposes of native wildlife habitat management and
augmentation, removal of species with invasive characteristics, or
restoration, augmentation or regeneration of native plant species.
Activities performed as a conservation activity must not leave any
portion of the district in an unvegetative state.
As established in accordance with Connecticut General Statutes § 25-102c, the area of land in the Town of Lyme within the watershed of the Connecticut River, commencing at a point of the southerly boundary line of the Town of Lyme and the northerly boundary line of the Town of Old Lyme, a distance of 300 feet to the east of the center line of Connecticut Route #156; thence northerly in a line parallel to and 300 feet easterly from Route #156 to a point 300 feet northerly of the intersection of the center lines of Joshuatown Road and Route #156; thence westerly and northerly parallel to and always 300 feet northerly and easterly from Joshuatown Road to a point, said point being 300 feet easterly from the intersection of Joshuatown Road and Route #148 and 300 feet northerly from the intersection of the center line of Route #148 and Joshuatown Road; thence running westerly parallel to and always 300 feet northerly of Route #148 to a point, said point being 300 feet northerly of Route #148 and 300 feet easterly of River Road; thence northerly parallel to and always 300 feet easterly from the center line of River Road to a point on the northerly boundary line of Lyme and the southerly boundary line of East Haddam; thence westerly following the boundary line between said Towns to a point, said point being the center line of the Connecticut River; thence southerly following the center line of the Connecticut River to a point, said point being a westerly extension of the boundary line between the Towns of Lyme and Old Lyme; thence easterly following the extension of the southerly boundary line of the Town of Lyme and the northerly boundary line of the Town of Old Lyme to a point, said point being the point or place of beginning. Regulations for the Conservation District are set forth in Article 14.
Any effect that, when considered together with any likely
current or future activity potentially subject to the Eightmile River
Overlay District zoning regulations, would have a significant adverse
effect on the purpose of the Eightmile River Overlay District.
[Amended 12-12-2022]
A zoning district established by the provisions of Article
3 of these regulations.
An area where the ground cover is destroyed or removed, leaving
the land subject to accelerated erosion or providing a host site for
invasive species, caused by a land disturbing activity.
A building which contains living, sleeping, and sanitary
accommodations for human occupancy.
The removal, excavation or mining of minerals, sand, gravel,
clay, bedrock, peat, loam or topsoil.
A public or social occasion that impacts or encroaches on
streets, rights-of-way, or is likely to draw a crowd to a venue.
[Added 9-12-2022]
A scheme that minimizes soil erosion and sedimentation resulting from development and includes, but is not limited to, a map and narrative, as required in Article 16.
Land that is left unsown in grasses, forbs or other nonwoody
herbaceous plants or sown with cover crops for a period in order to
restore its fertility as part of a crop rotation or to avoid surplus
production. A cover crop is a planting that is used primarily to slow
erosion, enhance water availability, smother weeds, help control pests
and diseases, increase biodiversity and otherwise improve soil health.
[Added 12-12-2022]
Any number of individuals related by blood, marriage, or
adoption living together as a single housekeeping unit, or a group
of not more than five persons keeping house together but not necessarily
related by blood or marriage.
A dwelling, part of a dwelling, or accessory building occupied
or intended to be occupied by one family for residential purposes.
[Amended 9-12-2022]
A farm shall be construed to mean land, with or without buildings
which are mainly used for and incidental to farming. Except as otherwise
specifically defined, the words "agriculture" and "farming" shall
include cultivation of the soil, dairying, forestry, raising or harvesting
any agricultural or horticultural commodity, including the raising,
shearing, feeding, caring for, training and management of livestock,
including but not limited to horses, bees, poultry, fur-bearing animals
and wildlife, and the raising or harvesting of oysters, clams, mussels,
other molluscan shellfish or fish; the operation, management, conservation,
improvement or maintenance of a farm and its buildings, tools and
equipment, or salvaging timber or cleared land of brush or other debris
left by a storm, as an incident to such farming operations; the production
or harvesting of maple syrup or maple sugar, or any agricultural commodity,
including lumber, as an incident to ordinary farming operations or
the harvesting of mushrooms, the hatching of poultry, or the construction,
operation or maintenance of ditches, canals, ponds, reservoirs or
waterways used exclusively for farming purposes; handling, planting,
drying, packing, packaging, processing, freezing, grading, storing
or delivering to storage or to market, or to a carrier for transportation
to market, or for direct sale any agricultural or horticultural commodity
as an incident to ordinary farming operations, or, in the case of
fruits or vegetables, as an incident to the preparation of such fruits
or vegetables for market or for direct sale. The term "farm" includes
farm buildings, and accessory buildings thereto, nurseries, orchards,
ranges, greenhouses, hoop houses and other temporary structures or
other structures used primarily for the raising and, as an incident
to ordinary farming operations, the sale of agricultural or horticultural
commodities. The term "aquaculture" means the farming of the waters
of the state and tidal wetlands and the production of protein food,
including fish, oysters, clams, mussels and other molluscan shellfish,
on leased, franchised and public underwater farm lands.
Any place or premises located on a farm in which wine is
manufactured from grapes or fruit grown on the farm and sold. Such
wine may include any alcoholic beverages, including brandy, obtained
by the fermentation of the natural sugar of fruits, such as grapes
or apples.
The original grade is the ground level of the naturally occurring
topography, prior to any site grading. The finished grade is the ground
level adjoining the base of all exterior walls of a building or structure
and including any related earth-retaining structure such as a retaining
wall or berm.
Any excavating, grubbing, filling (including hydraulic fill)
or stockpiling of earth materials or any combination thereof, including
the land in its excavated or filled condition.
The vertical distance between a horizontal plane drawn through
the highest point of a building or structure, excluding chimneys,
cupolas, spires and silos, or similar structures, provided that they
are not used for human habitation or occupation, and the lowest point
of a building or structure above natural grade prior to site grading,
or which is visible from a new, excavated grade, whichever creates
the greater height dimension. Stairwells for the purpose of human
ingress and egress of buildings from below grade with a maximum width
of four feet clear passage space and opaque doors are exempt from
this provision. The height of any retaining wall constructed to create
a site platform, and of any backfill along the foundation in excess
of the existing natural grade, shall be included as part of the measured
height.
[Amended 9-12-2022]
Plants having little or no woody tissue. Leaves and stems
usually die back to ground level at the end of the growing season.
An accessory use usually conducted for financial gain within a dwelling or accessory building on the same lot by occupants of the dwelling unit, which use is incidental and subordinate to the dwelling use, and which does not in any manner change the residential character of the building premises or neighborhood. See § 315-8.1.
Person or persons for whom the designated short-term rental
premises is their primary residence and are specifically named and
approved on the application for permit to serve as host. A permitted
host shall be physically present on the rented premises at all times
while it is occupied as a short-term rental and shall be responsible
for the acceptable use of the rental premises according to the conditions
set forth in these regulations.
[Added 9-12-2022]
The use of an enclosed space having a means of egress, light,
ventilation and access to sanitary facilities to house any person
or persons for the purpose of living, working or playing.
Any man-made area that does not readily absorb or retain
water, including but not limited to building roofs, parking and driveway
areas, graveled areas, sidewalks and paved recreation areas (tennis
courts, basketball courts, etc.).
The percentage which the aggregate total of all impervious
surfaces on a lot bears to the total area of that lot.
Any effect that when taken into consideration on an individual
site basis within the Eightmile River Overlay District would have
an adverse effect on the purpose of the Eightmile River Overlay District.
[Amended 12-12-2022]
When used in the context of plants, grasses, forbs, shrubs
and trees means:
Non-native or introduced species of flora exhibiting aggressive
growth characteristics that threaten or exclude native species of
flora or fauna; and
Native species of flora exhibiting aggressive growth characteristics
that threaten or limit natural biological diversity or important natural
communities on or abutting the protected property.
Any use or activity that causes significant changes in vegetation or soil structure. These activities may include, but are not limited to, any activity which involves the alteration of the surface of the earth as it existed on the effective date of these regulations, including but not limited to filling, removal, or regrading of earth; placement, construction, removal, or alteration of buildings or structures; establishment, removal, or alteration of uses of land; removal of vegetation; or planting of invasive plants, but not including those activities listed as exceptions in § 315-19.3C.
[Amended 12-12-2022]
A plot or parcel of land occupied or eligible under these
regulations to be occupied by one or more principal buildings and
the accessory buildings or structures or uses customarily incidental
thereto.
The established property division line between lots or between
a lot and a street.
All property dividing lines between any abutting street and
the lot shall be considered front lot lines.
The property line or lines bounding a lot at the rear and
opposite to and at the maximum distance from the front lot line.
The property line or lines bounding a lot which extend from
the front lot line to the rear lot line. In the case of corner lots
or through lots, all lines extending from streets shall be considered
side lot lines.
A lot at the intersection of and abutting on two or more
streets 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.
A lot other than a corner lot or through lot.
The distance between side lot lines measured at the building
setback line, which line shall be measured parallel to and at the
distance from the front property line which establishes the minimum
required front yard. In the case of a corner lot, for the purpose
of this measurement only, the front lot line which has the least dimension
shall be considered the front lot line and the lot lines adjacent
thereto shall be considered as side lot lines.
A lot other than a corner lot which abuts two or more streets
which do not intersect at the lot.
A structure, manufactured off-site and assembled on-site,
transportable in one or more sections, designed for use on a permanent
foundation and connected to the required utilities.
[Amended 9-12-2022]
A dock, wharf, slip, basin or similar landing facility for
waterborne vessels and/or an open yard for the building, storing,
repairing, servicing or refueling of such vessels, together with any
accessory buildings or other structures necessary for the operation
of the foregoing.
Any group of three or more dwelling units in one or more
buildings on a single lot.
Plants, trees or shrubs indigenous to southern New England
and northern mid-Atlantic regions.
The area of contiguous real estate required by these regulations for the purpose of obtaining permission from the Town to build thereon in order to protect the public health and safety, to maintain the quality of surface water and groundwater, and to maintain the open space character of the Town. Regulations for calculating net buildable lot area are set forth in Article 20.
The cutting or removal of forest tree species on a lot for the purpose of preparing a site for the construction of a building or other structure and/or cutting for the customary maintenance and improvement of a lot. See Article 17.
A plan showing the existing mix of forest tree species, their approximate height, age and density, a description of the cutting or removal activities to be undertaken and any other information that may be necessary and reasonably required. See Article 17.
A building or structure, the location and/or dimension of
which does not conform to all the applicable provisions of these regulations,
but which was legally existing on the effective date of the governing
regulation.
A lot which does not contain the minimum lot area and/or the minimum required frontage for the district in which it is located, but which was legally existing on the effective date of the governing regulations. To be nonconforming, a lot must have been continuously owned separately from any adjoining lot since the date it became nonconforming. See Article 23.
A use of land or premises which is not now a use permitted
by the provisions of these regulations for the district in which such
land or premises is situated, but which was legally existing on the
effective date of the governing regulations.
The dwelling unit in which a person lives for the majority
of the year. A person can have only one primary residence at any given
time, and it may be documented with a driver's license, passport,
voter registration card, etc.
[Added 9-12-2022]
A lot, as defined in these regulations.
A vehicle which is:
Built on a single chassis;
Four hundred square feet or less when measured at the longest
horizontal projections;
Designed to be self-propelled or permanently towable by a light-duty
truck; and
Designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal
use.
Waste, junk, garbage, debris, rubbish or trash, but not including
sewage collected or disposed of in lawful facilities.
A space in a permanent building used, maintained and advertised
to the public primarily as a place where hot meals are regularly served,
and which has a kitchen and dining room. A restaurant may or may not
have a license under the Liquor Control Act.[1] For purposes of these regulations, the term "restaurant"
does not include a tavern, bar, cafe as defined in the Connecticut
State Liquor Control and Regulations, or other establishment primarily
for the service of liquor, where meals are an accessory activity.
Relating to, formed by, or resembling a river (including
tributaries), stream, brook, etc.
A rectangle with an aspect ratio no greater than two to one
and with a total area equal to 67% of the required net buildable area
divided by the natural resource characteristic percentage allowance.
Use an area-weighted-average allowance when the buildable area contains
several different natural resource characteristic zones. See Appendix
E for example of calculations.[2]
The rental of a family dwelling unit (FDU), or any part thereof,
for no more than 30 consecutive days to no more than six guests, 12
guests with a special permit, on any day for overnight occupancy.
[Added 9-12-2022]
Any letter, word, model, pennant, insignia, trade flag, device or representation used as, or which is in the nature of, an advertisement, announcement, attraction or directive. See Article 22.
A plan meeting the requirements of Article 11 of these regulations which includes, at minimum, the description and location of all existing and/or proposed buildings, structures and uses on a lot; utility lines, vehicular drives and parking areas, access, lighting, drainage, and waste disposal facilities; adjacent ownership, outstanding physical features, watercourses, and wetlands; any proposed modification or alteration of the lot's natural features, including the disturbance of vegetation and soil cover; and such further information as may reasonably be required.
A public way or a way opened to the public use. "Street"
shall be deemed to include the entire width of the right-of-way. See
Appendix C for a map of Town-approved roads.[3]
The property line dividing the street and the lot.
Anything constructed or which is located on, above or beneath
the ground, except driveways, sidewalks, patios, subsurface sewage
disposal systems, wells, parking areas, curbing and fences which are
six feet high or less.
[Amended 9-12-2022]
A place where beer and/or liquor is sold under a tavern permit
in accordance with the provisions of the Liquor Control Act.[4]
Any marine or estuary area submerged at mean high water.
Those areas defined as "tidal wetlands" in Connecticut General
Statutes § 22a-29(2), as may be amended from time to time.
The sum of the gross floor area of all floors in a structure,
measured from the exterior faces of exterior walls. Gross floor area
includes any area which is capable of being used for human occupancy,
including garage or attic space, whether finished or not, provided
the area has a structural headroom of at least six feet. A basement
or first floor which is located entirely below ground surface shall
not be included in total floor area calculations.
Any premises used or permitted to be used for the parking
of more than one trailer coach.
Any motorized vehicle or any vehicle with or without wheels
and having no motive power of its own, but which is drawn by, or designed
to be drawn by or used in connection with, a motor vehicle, and which
is so designed and constructed or added to by means of such accessories
as to permit use and occupancy thereof for human habitation, whether
resting on wheels, jacks or other foundation, including the type of
vehicle known as a mobile home.
Those areas defined as "watercourses" in Connecticut General
Statutes § 22a-38(16) as amended from time to time.
Those areas defined as "inland wetlands" in Connecticut General
Statutes § 22a-38(15) as amended from time to time.
The depth of front and rear yards and the width of side yards
shall be measured at the shortest distance between the building and
the lot line.
The space between the building closest to the front lot line
and that front lot line, extending the full width of the lot, in which
no building or structure or portion thereof shall be located. In the
case of a corner lot, the front yard shall extend along all streets.
The space between the building closest to the rear lot line
and that rear lot line, extending the full width of the lot, in which
no building or structure or portion thereof shall be located.
The space between a building closest to a side lot line and
that side lot line, extending from the front yard to the rear yard,
in which no building or structure or portion thereof shall be located.
Any yard not a rear yard or a front yard shall be deemed a side yard.
The person (or persons) designated by the Planning and Zoning Commission under Article 10 to be responsible for the enforcement of these regulations. The Zoning Enforcement Officer may also be referred to herein as the "Enforcement Officer" or "ZEO."
[1]
Editor's Note: See Connecticut General Statutes § 30-1
et seq.
[2]
Editor's Note: Appendix E is included as an attachment to this chapter.
[3]
Editor's Note: Appendix C is included as an attachment to this chapter.
[4]
Editor's Note: See Connecticut General Statutes § 30-1
et seq.
