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Zoning Commission - Registry Regulations Effective December 31, 2009
11.19   Seasonal Use, Year Round Use, and Conversion of a Seasonal Use Dwelling to Year-round Use in the R-10 District.

        11.19A  Registration for Dwellings in the R-10 District

        11.19A.1        Registry for all Dwellings in the R-10 Zone District. For purposes of administration of this section, there shall be a Registry on file with the Zoning Enforcement Officer and in the Town Clerks Office, of all Dwellings in the R-10 District (the Registry), which Registry shall be recorded on the Land Records of the Town of Old Lyme, said recording to be by listing in the Grantor index, by filing the entire Registry, or as the Town Clerk and the Zoning Enforcement Officer may consider suitable for providing constructive notice of the contents of the Registry.  The Registry shall contain those properties in the R-10 District designated as either Year-Round Dwellings or Seasonal Dwellings in accordance with the registration procedure set forth in subsection 11.19A.3 hereof.   [Revised effective 12/31/09.]


        11.19A.2        Registry; Notice to Property Owners.  Commencing upon the compilation of the Grand List effective October 1, 2009 by the Tax Assessor, the Zoning Enforcement Officer shall send notices to all owners of record property within the R-10 District.  Ownership shall be determined by use of the Grand List effective October 1, 2009, and the mailing address for the owners as shall be on file with the Assessor.  These notices shall be sent by certified mail, return receipt requested, and shall contain the following information:

        a.      That the Town of Old Lyme is conducting a registration program for all Dwellings within the R10 Zone District.

        b.      A description and explanation of the registration program, as set forth in this Section 11.19A.

        c.      A copy of the entire zoning file for the property.

        d.      A copy of the Registration form.  
[Preceding Added Effective 12/31/09.]

        11.19A.3        Registry; Filing with Zoning Enforcement Officer.  Every owner of a Dwelling in the R-10 Zone District must fill out and submit a registration form to the Zoning Enforcement Officer. The owner shall register the Dwelling as either legal Year-Round Use or Seasonal Use.  

        a.      Registration Submissions.  Registration shall require the completion of a registration form, containing the following information for conditions prior to December 31, 1999:

        (1)     the declaration by the property owner of whether, as evidenced by materials, records and evidence in possession of the property owner, the property is legally Seasonal Use or Year-Round Use;
        (2)     source of potable water, and whether such source is Year-Round or Seasonal; if the source of potable water is a well, evidence that a permit for such well was issued by the Old Lyme Director of Public Health; if the source of potable water is from a community or public water system, evidence that such water system operated Year-Round or Seasonally;
        (3)     type of septic system; if public sewers, evidence that said system was authorized by the Town of Old Lymes Water Pollution Control Authority or the Water Pollution Control Authority with jurisdiction over the public sewer system;
        (4)     the Dwellings source of heat, and approximate age of the heating system, copies of Building Permits for the installation of such heating system, as well as such evidence of the age of the heating system as the property owner possesses; as well as evidence that the Dwelling complied with the Town of Old Lyme Housing Code of April 28, 1966.

        (5)     Evidence of occupancy that is indicative of Year-Round Use on or before December 31, 1999.  The requirement for occupancy to establish  legally, pre-existing, non-conforming Year-Round Use shall not be satisfied by occasional occupancy of a Dwelling without central heat, running water, or other basic requirements for cold-weather occupancy.  Even with such basic utilities, sporadic or intermittent off-season occupancy shall similarly not establish Year-Round Use for purposes of the Registry.
        (6)     Evidence that the Dwelling has been designated as a Year-Round Use in accordance with the resolution of U.S. District Court Docket No. 300CV97 (EBB).  The list of properties which have been designated as Year Round Use in accordance with the resolution of U.S. District Court Docket No. 300CV97 (EBB) is on file with the Zoning Department of the Town of Old Lyme as Table 11.19A.3, and is available for inspection during regular business hours of the Department.   
        (7)     Such additional information as the owner may wish to provide in order establish lawful Year-Round occupancy prior to December 31, 1999.  All documents, including but not limited to affidavits regarding Year-Round Use, should be included with the registration form.
        (8)     A fee for the submission of a zoning application, as set forth in the fee table of the Zoning Regulations.

        b.      Final Date for Submission of Complete Registration form.  The final date for submission to the Zoning Enforcement Officer of the completed registration form shall be September 30, 2010.  The submission must be delivered to the Zoning Enforcement Officers office, or must be post marked on or before September 30, 2010.

        c.      Failure to submit a completed registration form shall result in the form being returned as such to the applicant by the Zoning Enforcement Officer.~ NOTE: during this part of the process, the Zoning Enforcement Officer, or such other individual as is designated by the Zoning Commission, is not evaluating whether an application is sufficient, simply whether it is complete, in the sense that it has been signed, comes with the appropriate fee and the declaration as to whether the property is Seasonal or Year-Round.~ The Zoning Enforcement Officer or such other individual as is designated by the Zoning Commission, will not return any application which is complete, irrespective of its merits.~ A property owner whose registration is returned as incomplete shall have thirty (30) days from receipt of the returned registration form to correct and/or augment the registration form and resubmit it to the Zoning Enforcement Officer.

        d.        Failure to submit any registration form, or failure to submit a complete registration form, shall result in the property being listed as a Seasonal Dwelling on the Registry. Thereafter, such Dwelling shall not be Used as a Year-Round Dwelling unless it has been approved by the Zoning Enforcement Officer pursuant to Section 11.19A.8 below, or has obtained a Special Permit from the Zoning Commission in accordance with Section 11.19A.7 below.    

        e.      Decision on Registration by Zoning Enforcement Officer or other official designated by the Zoning Commission. At any time on or before September 30, 2011, the Zoning Enforcement Officer, or other official designated by the Zoning Commission, may:  


        (1)     list a property as Seasonal Use or Year-Round Use on the Registry, in agreement with the registration form submitted by the owner of the property;
        (2)     deny a registration as a Year-Round Dwelling on the Registry by issuing a written decision to that effect;  this decision on a registration shall state that the Dwelling may be occupied only as a Seasonal Dwelling as defined by these Regulations;

Notice of the action of the Zoning Enforcement Officer, or other official designated by the Zoning Commission, shall be sent to the owner of the property by certified mail, return receipt requested.

        f.      All Dwellings for which a registration form was timely filed, and which filed to be placed on the Registry as Year-Round Dwellings, and not denied by the Zoning Enforcement Officer, or by any other official designated by the Zoning Commission, on or before September 30, 2011, shall be designated as legal Year-Round Dwellings for the purposes of these Regulations, and indicated as such on the Registry.  

        11.19A.4        Criteria for Decision on Registration.  In making a determination as to the sufficiency of the evidence to establish Year-Round Use of a Dwelling as of December 31, 1999, the Zoning Enforcement Officer, or other official designated by the Zoning Commission, or, on appeal, the Zoning Board of Appeals, shall consider the following criteria:
     
        a.      That as of December 31, 1999, the Dwelling possessed those basic utilities and structural qualities as to allow occupancy in accordance with the Public Health Code, the Building Code, the Housing Code, and other applicable codes and regulations including, but not limited to: heat in all habitable rooms; electricity; running water; effluent disposal; roof, walls, windows and other exterior surfaces sufficient to retain heat and keep out cold, rain, snow or wind.

        b.      That such utilities (running water, heat, etc.) had been installed in accordance with applicable regulations and codes, such as the Public Health Code, the Housing Code, and the Building Code, and that required permits for the same had been issued by those agencies authorized to issue them.

        c.      That as of December 31, 1999, the Dwelling had been Used, as that term is defined in these Regulations, as a Year-Round Dwelling.  The requirement for occupancy to establish Year-Round Use shall not be satisfied by occasional occupancy of a Dwelling without central heat, running water, or other basic requirements for cold-weather occupancy. Even with such basic utilities, sporadic or intermittent off season occupancy shall similarly not establish Year-Round Use for purposes of the Registry.

        d.      That the Dwelling has been designated as a Year-Round Use in accordance with the resolution of U. S. District Court Docket No. 300CV97 (EBB).  NOTE: compliance with this subsection (d) of Section 11.19A.4 shall obviate the need to demonstrate compliance with the other subsections of this Section 11.19A.4, but shall not remove the requirement of the registrant to complete in full the Registry application.


        e.      The validity of the documents submitted, such as whether they are certified copies or otherwise validated by a public agency; the source of the documents provided; the probability that witnesses may be biased or otherwise unreliable or that documents have been altered or falsified; and the overall credibility of the evidence and statements submitted.     

        f.      The Zoning Enforcement Officer, or other official designated by the Zoning Commission, may perform his/her own research to determine the validity of the allegations and facts contained in any registration and to confirm or disprove the allegations and evidence submitted in support thereof.    [Preceding Added Effective ^.]

        11.19A.5        Right of Appeal Decision by Zoning Enforcement Officer, or other official designated by the Zoning Commission.  Any person aggrieved by a determination of the Zoning Enforcement Officer, or other official designated by the Zoning Commission, that a Dwelling for which a registration form has been submitted does not qualify as legal Year-Round Dwelling, but is rather a Seasonal Dwelling as defined by these Regulations, shall have the right of appeal to the Zoning Board of Appeals pursuant to Conn. Gen. Stats.  8-7 and these Regulations. Similarly, any person aggrieved by any formal determination of the Zoning Enforcement Officer, or other official designated by the Zoning Commission, that a Dwelling registered as a legal Year-Round Dwelling does not qualify as an actual legal Year-Round Dwelling, but is rather a Seasonal Dwelling as defined by these Regulations, shall have the right of appeal to the Zoning Board of Appeals pursuant to Conn. Gen. Stats.  8-7 and these Regulations.  In any such appeal, the Zoning Board of Appeals shall have the authority to determine the scope of any legal off-season occupancy as the evidence may establish; such as, for example, a specified duration of occupancy per visit, number of visits or days per year, and/or number of occupants per visit.   

        11.19A.6        Correction of Registry Following Appeal.  Should any decision of the Zoning Enforcement Officer, or other official designated by the Zoning Commission, be overturned as a result of an appeal to the Zoning Board of Appeals and/or subsequent appeals from that Board to a court of competent jurisdiction, the Registry shall be modified accordingly by the Zoning Enforcement Officer.  A copy of the amended Registry or list shall be transmitted by the Zoning Enforcement Officer to the Town Clerk.  The Zoning Enforcement Officer shall also give notice in writing to the property owner indicating that the Registry or list has been altered per the decision of the Zoning Board of Appeals or court.    

        11.19A.7        Effect of Failure to Appeal Zoning Enforcement Officer, or other official designated by the Zoning Commission; Special Permit for Late Filings. Failure to appeal a decision issued in accordance with the preceding paragraph within the time period prescribed by law shall cause such decision or order to be final and unappealable; provided, however, that the Zoning Commission may grant a Special Permit to allow the listing of a Dwelling designated as Seasonal Use on the Registry to be changed to a Year-Round Use where the applicant establishes that one of the following is the case:   

Situation #1:

(i)         The owner failed to file a registration form for the Registry for good cause; and
(ii)    The evidence indicates that, had the registration form for the Registry been timely filed, the Dwelling would have been listed as a Year-Round Dwelling by the Zoning Enforcement Officer, or other official designated by the Zoning Commission, in accordance with the criteria of Section 11.19A.4 above; and
(iii)      The Commission determines that designation of the Dwelling for Year-Round Use would not adversely impact the public health, safety, or welfare and would be in harmony with the purpose and spirit of these Regulations; and
(iv)     The Special Permit application to the Commission has been filed no more than ten (10) years after the closure date of the Registry (no later than September 30, 2020).

Situation #2:

(i)        The evidence indicates that conversion of the Seasonal Dwelling has been approved under subsection (k) of section 11.19A.9 below; or
(ii)       The original building permit was expressly issued for a Year-Round Dwelling; or
(iii)      The Zoning Enforcement Officer has, as of the effective date of this amendment (December 31, 2009), issued a formal written determination of Year-Round Dwelling.

        11.19A.8        Registry Not Evidence of Compliance with Other Applicable Laws. Designation as Year-Round Dwelling under this Section shall not constitute evidence of compliance with the Public Health Code, the Building Code, or any other applicable laws or regulations.
[Preceding Added Effective 12/31/09.]

        11.19A.9        No Conversion Without Application to Zoning Enforcement Officer. A Seasonal Dwelling in the R-10 District which, is not listed as Year-Round on the Registry described in Section 11.19A.3, shall not be converted to a Year-Round Dwelling unless an application for such conversion has been approved by the Zoning Enforcement Officer under the requirements of subsection 11.19B.1 and all other Town officials as appropriate.  No Dwelling shall be Used as a Year-Round Dwelling absent conformance with the Building Code, Health Code, Housing Code, Fire Code and such other codes and regulations as may apply.  Nothing herein shall be deemed as granting permission or consent to the use of property except in accordance with all such applicable codes and regulations. [From former Section 21.2.5.a, Am ended Effective June 5, 1995; Renumbered only to 11.19.a, effective 3-8-08; Revised and renumbered Effective 12/31/09.]

11.19B Conversion of Seasonal Dwelling to Year-Round Dwelling.

        11.19B.1 Application for Conversion.  An application to convert a Seasonal Dwelling to a Year-Round Dwelling shall be subject to the following application requirements and standards:
        a.       The lot shall contain a minimum of 10,000 square feet and there shall be no more than one Dwelling Unit located on the lot;

        b.       The application shall be accompanied by a site plan of the subject premises, prepared and certified in accordance with A-2 standards and in compliance with the requirements of Section13 of these Regulations, showing the existing house location and the proposed or as-built location and design of the existing subsurface sewage disposal system, as appropriate.  The site plan shall, as applicable, demonstrate that the provisions of the Public Health Code of the State of Connecticut regarding Building Conversion, Well Permits and the required separating distances, as the same may be and the required separating distances, as the same may be amended from time to time, are complied with;
        c.       The structures insulation, electrical system and heating system shall comply with the minimum standards then in effect established for a year-round dwelling by the State Building Code and other applicable standards;
        d.      In other than flood hazard zones, the space below the structures lowest floor shall be enclosed with a suitable foundation wall.  In flood hazard zones, such enclosure shall be in accordance with the construction and engineering standards then in effect established for new construction within such zones;
        e.      The Dwelling shall be served by a Year-Round water supply complying with all applicable State of Connecticut Health Department standards then in effect and which shall have been approved and granted a permit for year-round use by the Director of Health of Old Lyme or the Directors authorized agent;
        f.      If the site is served by an on-site sewage disposal system, said on-site sewage disposal system serving the Dwelling shall comply with applicable State of Connecticut Health Department standards then in effect and which shall have been approved and granted a permit for year-round use by the Director of Health of Old Lyme or the Directors authorized agent who will issue a permit to discharge sewage as required by State Statute.  No Certificate of Zoning Compliance shall be issued until such septic system has been completed, inspected and approved for use by the Director of Health or the Directors authorized agent, and a copy of the as-built system and its location, certified by the designing sanitarian or engineer, has been provided to the Zoning Enforcement Officer;
        g.      If the site is served by a community septic or sewerage system, said community septic or sewerage system shall have been properly approved and permitted by the appropriate Water Pollution Control Authority having jurisdiction over said system as well as by the Department of Public Health or the Department of Environmental Protection, as required by law.
        h.       No grading, filling or other site development for the proposed dwelling or appurtenant structures or facilities shall cause ponding, flooding or adverse drainage conditions on any adjacent property;

        i.       In the determination of compliance with this subparagraph, the Director of Health, the Sanitarian, Building Official, Zoning Enforcement Officer or his/her authorized agent, shall make site and structure inspections and/or require the applicant to submit written reports prepared by the suitable professional individual(s) providing information regarding compliance with the noted requirements;
        j.       The Dwelling and associated Lot shall not contain violations of the Old Lyme Zoning Regulations or the Town of Old Lymes Housing Ordinance of April 28, 1966;
        k.      A Certificate of Zoning Compliance shall be issued only upon full compliance with these Regulations.  Upon the issuance of the Certificate of Occupancy at the completion of the conversion, the Registry shall be amended by the Zoning Enforcement Officer to reflect the Year-Round Use of the property.  A copy of the amended Registry shall be transmitted by the Zoning Enforcement Officer to the Town Clerk for re-recording or otherwise updated as the Zoning Enforcement Officer and the Town Clerk may consider suitable for providing constructive notice of the contents of the Registry.

[Preceding from former Section 21.2.5.c, Amended June 5, 1995; renumbered to 11.19.c effective 3-7-08; renumbered effective 12/31/09.]

        11.19B.2        Maintaining Currency of Registry.  The Zoning Enforcement Officer shall update the Registry described in Section 11.19A above to reflect conversions approved pursuant to Section 11.19B.1, which Registry shall be kept in duplicate at the Zoning Office and the Town Clerks Office, where it shall be re-recorded on the Land Records each time it is amended or otherwise updated as the Zoning Enforcement Officer and the Town Clerk may consider suitable for providing constructive notice of the contents of the Registry.
[Preceding Added Effective 12/31/09.]



[From former Section 21.2.5, Amended Effective June 5, 1995]


 
 
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