Submission of application. Each application for a special permit shall be filed with the Zoning Enforcement Officer on a form provided by the Commission at least 14 days prior to the next regular meeting of the Commission and shall be accompanied by a fee as established by the Commission. An application will be considered complete when an application form, fee, maps and other materials conforming substantially to the requirements of Article 11 have been received. The information submitted for the special permit shall be voted on as part of the special permit application. Failure to submit a complete application shall be grounds for denial of the application.

Official date of receipt. The date of official receipt of a special permit application shall be the date of the next regularly scheduled meeting of the Commission following the date of submission of a completed application to the ZEO.

Public hearing. The Commission shall hold a public hearing on all applications for a special permit in accordance with the requirements of § 8-3c of the Connecticut General Statutes.

Complete application. That the application contains all information required by these regulations, that the information has been prepared by persons having the necessary expertise to prepare it, and that the information is submitted so as to permit the Commission to understand it and determine compliance with these regulations. Failure to meet these criteria shall be grounds for denial without prejudice to future complete applications.

Compliance with Zoning Regulations. That, in addition to meeting all other conditions, the proposed use and the arrangement of all proposed buildings, structures, facilities and other site improvements shall comply with all applicable provisions of these Zoning Regulations, unless a certified copy of a variance is submitted with the application, or the Zoning Enforcement Officer determines that there is a legal preexisting nonconformity. Further, the application shall conform to all provisions of the Lyme Subdivision Regulations, the Lyme Inland Wetlands and Watercourses Regulations,[1] the Public Health Code, and all relevant provisions of the Connecticut General Statutes, whether or not cited in these regulations.

Harmony with development. That the proposed use is of such location, size, scale, density, character and intensity that it will be in harmony with the appropriate and orderly development of the district in which it is proposed to be situated, in relation to existing land uses; and that the use will not be detrimental to the orderly development of adjacent properties in accordance with the zoning classification of such properties; and that the use is in harmony with the Lyme Plan of Conservation and Development.

Public safety. That the nature and location of the proposed use of any building or other structure in connection with the special permit is such that there is adequate access to it for the purpose of fire protection, police protection, and other emergency equipment, including fire lanes, access drives to remote portions of the building or site, and adequate lighting; that there is adequate utility capacity for the use, including water supply for firefighting; that all appropriate floodproofing measures have been met; and that existing provisions for fire and police, water, sewerage and other public requirements are adequate.

Impact on environment. That the location and size of such use, the nature and intensity of operations involved in connection therewith, and the site layout and development will not have a significant adverse impact on any environmental and natural resource areas on or adjacent to the site or within the neighborhood, and that the use can be conducted without undue destruction of and/or pollution of lakes, streams and other water bodies, natural topography, habitat and other natural resources.

Property values and character. That the proposed use will not depreciate adjacent property values; that the size and height of all proposed buildings and the extent of all proposed site improvements shall harmonize with the existing character of the neighborhood in which the use is to be established; that the site design is the best possible design of structures and land uses compatible with the shape, size, topography and natural character of the area; that scenic vistas and public access are preserved; that materials used, rooflines, doors and windows, site and building lighting, paving materials, landscaping, signs, colors and other features of the site and buildings which are visible from the exterior of any building or from adjoining properties or streets are appropriate for the site's location; and that light, noise and odors are controlled so as to not be detrimental to the surrounding area.

Traffic considerations. That the streets serving the proposed use are adequate to carry all prospective traffic; that adequate provision is made for entering and leaving the subject site in such a manner that no undue hazard to traffic or undue traffic congestion shall be created; that adequate off-street parking and loading facilities are provided; that the development of the subject site provides for the continuation and appropriate improvement of streets terminating at or proposed to be constructed through the lot on which the proposed use is to be located; that the use is within the capacity of adjacent and feeder streets to accommodate peak and nonresidential traffic through residential streets; that all driveways, parking areas, paths and sidewalks on the site for nonresidential uses are interconnected and/or combined with adjacent parking areas, driveways, paths and sidewalks to minimize curb cuts and maximize pedestrian and vehicular movement; and that there is adequate and safe circulation within the property for vehicles and pedestrians.

Landscaping and buffers. That the site on which the proposed use is to be located will be suitably landscaped to protect the neighborhood and adjacent property; that the grading, improvements and landscaping of the site are designed to protect and enhance the historic and rural character of the Town; and that the proposed use of the property will maintain sufficient buffering between the subject site and adjacent residential uses. When adequate buffering does not exist, sufficient buffers between the proposed use and adjacent properties, satisfactory to the Commission, shall be provided through use of grade separation, landscaped buffer areas, and/or natural open spaces.

Relationship to utility systems and drainage systems and impact on community facilities. That the subject site shall have adequate water and sewerage systems for the proposed use; that the use will not place undue burden on utilities; that adequate provision for stormwater runoff has been made so that quantity and quality of runoff from the property are maintained or improved; that adequate provision is made for solid and hazardous waste disposal and for recycling; and the proposed use will not adversely impact other existing community facilities.

Violation of conditions. Whenever the Commission shall find that any terms, conditions or restrictions upon which a special permit was granted are not being complied with, the Commission may rescind and revoke such approval after giving due notice to the owner of record of the property involved and to the applicant for the special permit.

Abandonment. Whenever a use permitted by special permit is abandoned, the approval of such special permit shall be rescinded and revoked. Resumption of a use for which a special permit approval has been rescinded shall constitute a violation of these regulations.

In approving a special permit, the Commission may set or impose time periods or limits on a special permit use, or require periodic renewal with or without a public hearing. In the event an appeal is taken from the Commission's approval of a special permit, then the time period shall commence on the date of final resolution or disposition of such litigation. Expired special permits shall be considered null and void and of no effect.

Substantial construction within one year. If within one year of the date of approval of a special permit substantial construction has not begun on a building or structure, or no use authorized by the special permit has been established, the special permit shall become null and void. Substantial construction shall include the erection of all foundation structures and at-grade slabs. At the Commission's discretion and for good cause, upon request of the applicant, the Commission may extend for an addition one-year period the time allotted for the beginning of substantial construction or establishment of a use.