Lyme City Zoning Code
ARTICLE 10
Administration and Enforcement
§ 315-10.1 Interpretation.
The provisions of these regulations shall be held to be the minimum requirements adopted for the promotion of public health, safety, convenience and general welfare. When these regulations impose greater restrictions upon the use and development of buildings or land than are imposed or required by any other regulations, permits, restrictions, easements, covenants, or agreements, the provisions of these regulations shall control. Nothing in this section shall require any change of the plans, construction or designated use of a building, the construction or use of which shall have been commenced prior to the effective date of these regulations or of any pertinent amendment thereto, and which shall be completed within one year thereafter.
§ 315-10.2 Enforcement; penalties for offenses.
A.
These regulations shall be enforced by the Planning and Zoning Commission through its Zoning Enforcement Officer (ZEO), who shall be empowered to cause any building or land to be inspected and to order in writing the remedying of any conditions found to exist in violation of these regulations or any permit or approval issued hereunder.
B.
Violations of these regulations shall be penalized in accordance with the provisions of Connecticut General Statutes. The owner or agent of a building, structure or property where such violation shall have been committed or shall exist, or the lessee or tenant of an entire lot where such violation shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in such violation or who shall maintain any building or premises in which such violation exists shall be punishable as provided in Chapter 124 of the Connecticut General Statutes. Furthermore, the Commission may, at its sole discretion, direct its attorney to commence criminal or civil action in the state or federal court for the purpose of enforcing the provisions of these regulations.
§ 315-10.3 Zoning permit and certificate of zoning compliance required.
No building shall be constructed, moved, altered, or used, nor shall any land be used, until a zoning permit and certificate of zoning compliance have been issued by the Zoning Enforcement Officer (ZEO). Such certificate shall be evidence that such use, building or structure conforms to all applicable provisions of these regulations. The ZEO shall require the applicant for the permit to provide such information as is necessary to determine compliance with these regulations. The ZEO shall deny any permit for buildings or use which is in violation of the provisions of these regulations.
A.
At a minimum, an application for a zoning permit shall include the application form, obtainable from the ZEO, indicating the name and address of the applicant and owner of the property, written consent by the landowner where applicable, a plot plan, drawn to scale, showing the existing conditions on the property, any existing easements on the property, and the location of any proposed structure or activity, and a written description of the proposed structure or activity for which a zoning permit is requested. The ZEO may require such additional information as is necessary to determine compliance with these regulations. A site plan, as described in Article 11, and a special permit, in accordance with Article 12, may also be required, as noted elsewhere in these regulations. Specific information requirements for certain activities are also set forth elsewhere in these Zoning Regulations.
B.
No certificate of zoning compliance shall be issued if it is determined that a violation of these regulations, the Lyme Subdivision Regulations, or the Lyme Inland Wetlands and Watercourses Regulations,[1] other ordinances of the Town of Lyme or any permit issued thereunder is proposed or exists. In accordance with Connecticut General Statutes § 8-3(f), no building permit or certificate of occupancy for any building, use or structure shall be issued by the Building Official without the prior issuance of a certificate of zoning compliance from the Zoning Enforcement Officer.
[1]
Editor's Note: See Ch. 310, Subdivision Regulations, and Ch. 300, Inland Wetlands and Watercourses Regulations.
§ 315-10.4 Fees.
Each application requiring a zoning permit, site plan, development plan, coastal site plan, commercial cutting plan, special permit, or any renewal or extension thereof shall be accompanied by a fee payable to the Town of Lyme in accordance with the schedule adopted by the Planning and Zoning Commission. The fee schedule is attached as Appendix A of these regulations.[1]
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
§ 315-10.5 House numbering required.
Whenever a zoning permit is required for any construction or activity within the Town of Lyme, the applicant shall post permanent house numbers at the access point of the property on which the proposed construction or activity is located. The house numbers shall be those assigned by the Town Assessor and shall be visible from the public street. When the property is served by a shared driveway, permanent house numbers shall be posted at the point where the driveway branches to serve the subject property. To enhance public health and safety, the house numbers shall be maintained in legible condition by the property owner for the duration of the structure or activity. House numbers must be permanently in place before a certificate of occupancy will be issued.
§ 315-10.6 Review and approval of first lot division.
A plan for any new lot created by the division into not more than two parts of a tract or parcel of land in existence prior to the date of adoption of the Lyme Subdivision Regulations, adopted November 6, 1964, shall be submitted to the Planning and Zoning Commission for review and approval of the division as to consistency with zoning and subdivision requirements. No lot shall be created unless both lots resulting from such division are in conformance with these Zoning Regulations.
§ 315-10.7 Exemption of free split for lots created for affordable housing use or conservation.
[Amended 9-12-2022]
In accordance with Public Act 06-97[1] and Chapter 140, Affordable Housing, Article I, Exemption from Subdivision Regulations, of the Town Code, any lot which existed prior to November 6, 1964, and would otherwise be eligible for division without approval of a subdivision plan shall not forfeit eligibility for division by reason of division for the creation of one lot conforming with these regulations, provided that such lot is created for affordable housing to be developed by the municipality or a nonprofit organization or that such lot is created for donation to a governmental entity or nonprofit organization for conservation purposes. This option is a single-use option only and once used cannot be used again.
[1]
Editor's Note: See Connecticut General Statutes § 8-19.
