Lyme City Zoning Code
ARTICLE 4
Rural Districts
§ 315-4.1 Purpose of Rural Districts.
The purpose of the Rural Districts is to ensure a sound residential development of the Town in accordance with the aims of the Plan of Conservation and Development and in keeping with the rural character of the community and the natural features of the land.
§ 315-4.2 Uses permitted in Rural Districts.
A.
A family dwelling unit, and conversions to two-family dwellings only as allowed under § 315-7.14. A family dwelling may be located in a manufactured home, but shall not be located in a trailer coach, as defined in these regulations.
B.
A customary home occupation of the occupant of the premises, located in the dwelling occupied by such person as his residence, or in any accessory building, and meeting the requirements of § 315-8.1.
E.
Farms and agriculture, as defined in Article 2, including farm wineries as defined in Article 2.
F.
Permitted accessory uses. Accessory uses customarily incidental to a permitted use on the same lot.
§ 315-4.3 Special permit uses.
The following uses shall be permitted when specifically approved as a special permit by the Planning and Zoning Commission, in accordance with Article 12, subject to such conditions as said Commission may establish:
A.
Schools for pre-kindergarten through 12th grade, operated by or for the benefit of a governmental unit, including nursery schools, but excluding a camp.
B.
Churches, parish houses, convents, and similar religious buildings, including cemeteries.
C.
Clubs, lodges and community houses except those of which a chief activity is a gainful service or activity carried on as a business.
D.
Libraries and museums operated by governmental units or nonprofit corporations.
E.
Convalescent homes, homes for the elderly, and adult day care.
F.
Fire or police stations, Town office buildings and similar governmental buildings, including a post office.
G.
Utilities, as follows: electric transformer stations; telephone exchanges for local services; water or natural gas pumping stations or gate houses; antennas and towers. See § 315-8.4.
H.
Public parks and public playgrounds operated by a governmental unit or nonprofit corporation.
I.
Commercial kennels, located on not less than seven acres, for not more than 14 dogs. All buildings, enclosures or runs for dogs shall be located not less than 300 feet from any property line.
J.
Riding or boarding stables, provided that they are on lots of not less than 10 acres and that no buildings or structures used for the housing or containment of animals, including outdoor runs, are located within 300 feet from any property line. No horse shows or exhibitions shall be permitted except as approved by special permit. No exterior loudspeakers shall be used in conjunction with any horse shows or exhibitions.
K.
Boat houses, landings, docks, slips, wharfs, basins, and structures accessory thereto, for the use of the owners and/or occupants of the premises and their guests in residence; provided, however, that an applicant shall substantially meet the criteria of the Guidelines for Tidal Areas in Appendix F of these regulations.[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
M.
In order to meet the Town's need to facilitate the construction and occupancy of family dwelling units by young people and other family members identified in Subsection M(6) below who might have grown up in the Town but are unable to afford to purchase a home here, and to provide for reasonable uses of large parcels of land otherwise unbuildable because of a lack of the road frontage otherwise required by the zoning regulations, it is provided that a family dwelling unit consisting of only one free-standing single family house ("FDU"), and, except as limited by § 315-4.3M(4)(b)(ii), uses and structures accessory to a FDU use may be approved as a lot as meant by § 315-2.2 on all or part of a parcel of land that does not meet the frontage requirement in § 315-7.5, provided that the following requirements are met ("lot"):
[Added 8-12-2024]
(1)
The entire parcel of land comprising the lot or from which a lot is going to be created under this Subsection M must be in the RU-80 and/or in the RU-120 District and entirely outside of the Conservation District.
(2)
The lot on which the FDU is to be built must be, at the time of the filing of an application under this § 315-4.3M, part of a parcel of land that has existed as a parcel separately described from any adjoining parcel and shall not, since July 9, 1954, have been diminished in size or used as a pre-existing nonconforming building lot.
(3)
The lot must be no less than six acres unless the Commission finds that a smaller size lot will not adversely impact nearby residential properties or properties that have been permanently protected for conservation or open space purposes but not less than three acres.
(4)
The applicant for a special permit under this section must prove that a safe means of access to and from the lot and all structures thereon exists to and from a Town or state accepted street (public street).
(a)
As to any part of the claimed means of ingress and egress that does not consist of a public street, the applicant must prove that there is a permanent, irrevocable, deeded and recorded, or a court-established or declared, right running with the lot to use and maintain said private accessway for ingress and egress to and from the lot to and from a public street.
(b)
Said private accessway must: i) provide adequate, free, safe and unimpeded ingress and egress at all times by vehicles of all sizes and types potentially used in association with the lot, including without limitation fire, police, ambulances and other emergency vehicles, to and from the lot and to the FDU and all permitted accessory structures on it to and from a public street, and ii) be sufficient in width, grade, surface, alignment, visibility, and sight lines at intersections to safely serve the levels and types of traffic reasonably expected to result from its existing and intended use, including equipment for construction of improvements on the lot.
[1]
Except for river, stream or wetland crossings, said private accessway must maintain a minimum road base width of 12 feet when serving a total of three or fewer dwellings and a minimum road base width of 18 feet when serving a total of four or more dwellings.
(c)
The applicant must also prove that the capacity of adjacent and feeder public streets and private accessway(s) is adequate to accommodate peak and average traffic volume for all users of the accessway and shall account for any special traffic characteristics reasonably expected to result from the proposed use.
(d)
Unless the Commission expressly declares it to be unnecessary, the applicant shall provide the Commission with reports from Connecticut-licensed experts, including from traffic experts, regarding the information required by this § 315-4.3M.
(e)
The owners of the lot and the parcel from which the lot was created shall be responsible for all maintenance required to keep the private accessway in safe and adequate condition. The foregoing is not intended to limit such owners’ right to seek contribution from other users of the private accessway for reasonable repairs and maintenance in accordance with Connecticut law. The Town of Lyme shall have no responsibility for the construction, maintenance or condition of said private way or to provide public services such as, by way of illustration and not limitation, garbage or trash pickup, school bus service or plowing beyond the intersection of a private accessway and a public street.
(5)
The Commission may require that the front, rear and/or side yard setback(s) otherwise required by any section of these regulations for any side, front and/or rear lot line of any portion of the lot that borders on another parcel of land not owned by the applicant or the property owner from whose land the lot is being created be extended. In deciding upon the size of an increased front, rear or side yard, the Commission may consider such factors as: the current and future use of the adjoining parcel, the topography of the land, the natural features of the land such as whether the land is wooded or open, and the proposed and potential location of primary and accessory structures on the lot.
(6)
This § 315-4.3M shall only apply to a lot the title to which is to be conveyed by the applicant (for no consideration) to, and the FDU is to be occupied by, a grandparent, parent, child or stepchild, brother, sister, niece, nephew or grandchild of the applicant, including where such relationship is by marriage or adoption. Said lot, at the time of the application for a special permit, must be subject to or, as a condition of a special permit under this section, shall be made to be subject to deeded and recorded covenants and restrictions prohibiting it from being conveyed to anyone other than a grandparent, parent, child, brother, sister or grandchild of the applicant, including where such relationship is by marriage or adoption. Such covenants and restrictions shall expressly be made enforceable by the Town of Lyme, acting through its Zoning Enforcement Officer, or other duly authorized official or agent. Unless otherwise approved by the Commission for good cause shown, said restrictions and covenants shall be made to last for a minimum of 20 years from the date of the initial occupancy of the FDU on the lot. The Commission may also approve an amendment to a special permit issued under this § 315-4.3M to waive the enforcement of the remaining term of said restrictions and covenants upon presentation of affidavits setting forth a change in circumstances that justify a shortening of the term set forth in this section. By way of illustration but not limitation, examples of grounds for approval of a reduction of the 20-year term at the time of the issuance of a special permit under this § 315-4.3M or of an application to amend a special permit to waive the remaining term of said restrictions and covenants include, by way of illustration and not limitation: death or illness of the lot owner, death of family member, illness in the family requiring the family member to move their residence to care for a family member or relocation of residence for an employment opportunity outside of reasonable commuting distance from Lyme. Any violations of the requirements of this subsection or failure to maintain a safe private accessway shall result in the imposition of sanctions up to and including revocation of all zoning permits, including without limitation the special permit, issued for the lot. Pursuant to Section 8-2o of the Connecticut General Statutes, this regulation shall not be construed to require that a family member occupy any accessory apartment located on the lot.
(7)
The owner of the lot must formally, by way of a document recorded on the Lyme Land Records, dedicate a portion of the lot or of the parcel from which it is created to open space in accordance with the provisions of § 310-5.7 of the Town’s subdivision regulations.
(8)
All areas within inland wetlands, the upland review area for inland wetlands or a FEMA Zone A or AE flood hazard area must comply with all applicable sections of these regulations and the Inland Wetlands regulations without exception.
(9)
This section provides relief only from the frontage requirements of § 315-7.5 and only if the Commission finds that the requirements of this section have been met. The lot and the proposed development must comply with all other relevant requirements in these regulations.
(10)
If a lot approved under this regulation § 315-4.3M contains only a portion of the parcel from which it was divided, nothing contained in this regulation shall be deemed to approve or consider the remainder of said parcel, or any other parcel, to be a lot as meant by § 315-2.2 of these regulations or for purposes of this § 315-4.3M.
§ 315-4.4 Signs.
All signs in Rural Districts shall be in conformance with Article 22 of these regulations.
§ 315-4.5 Required lot area, width, yards and coverage.
All new lots created within Rural Districts shall meet the following minimum dimensions and areas. All lots shall have a minimum lot frontage of 50 feet at the front lot line.
District | Minimum Gross Lot Area (square feet) | Minimum Net Buildable Lot Area (square feet**) | Minimum Lot Width (feet) | Front and Rear Yard (feet) | Side Yards Each (feet) | Maximum Building Coverage | Maximum Impervious Surface Coverage |
|---|---|---|---|---|---|---|---|
RU-120 | 120,000 | 42,000 | 200 | 50 | * | 8% | 12% |
RU-80 | 80,000 | 28,000 | 200 | 50 | * | 8% | 10% |
RU-40 | 40,000 | 14,000 | 150 | 50 | * | 8% | 10% |
B.
A rectangle conforming to the shape factor, as defined in Article 2, must totally fit within the limits of the area used to establish the net buildable area.
C.
The building coverage percentage and impervious surface percentage shall be based on the gross lot area.
D.
**On a lot where the minimum lot width/building setback line is not achieved within 300 feet of the front lot line (also commonly described as a "flag lot" or "rear lot"), the portion of the lot between the front lot line and the building setback line shall not be used as part of the minimum gross lot area requirement. In no case shall the area between the front lot line and the building setback line be less than 50 feet in width. On flag lots, no vehicles may be parked or material stored on a regular basis between the building setback line and the street.
§ 315-4.6 Special flood hazard areas.
§ 315-4.7 Tidal area frontage.
The tidal area frontage shall be at least 100 feet in RU-40 Districts and at least 200 feet in RU-80 Districts and RU-120 Districts. Required frontage length is established by the straight line distance between any two points on the tidal area frontage of a lot.