Section V 9.  Accessory Apartments     

9.1.  Purpose and intent - The intent of this regulation is to allow the creation of “as of right” accessory apartment regulation in accordance with recent legislation which revised CGS 8-2 through Public Act No. 21-29 in 2021.  This section allows an accessory apartment within residential zones with the purpose of providing housing for the elderly, single persons, or small families.  This regulation is designed to ensure that in creating an accessory apartment, the single-family character of the existing principal dwelling and the neighborhood shall be retained.  

9.2.  Standards:

a.  An accessory apartment may be used for dwelling purposes provided that the property contains the required area and meets the conditions noted below and is on a conforming lot that is at least 8,000 square feet and has 60 feet of frontage.  All accessory apartment construction is subject to the required yard and building heights of these Regulations, the Connecticut Building Code, and the Connecticut Public Health Code. 

b.  An accessory apartment may have one or two bedrooms.

c.  An accessory apartment may have a maximum net floor area for an accessory apartment of not less than thirty percent of the net floor area of the principal dwelling, or one thousand square feet, whichever is less, as long as the lot has the minimum of 8,000 square feet of area and 60 feet of frontage.

d. For accessory apartments which will be constructed within the existing single-family dwelling and accessory structures, a competent floor plan drawings of the dwelling and apartment, and suitable sketches, architectural drawings and/or photographs sufficient to show the character and extent of exterior building and façade construction including any alterations shall be submitted with the application. 

e.  For accessory apartments that will require construction of additions or accessory structures, the application will require a submission of an A-2 survey as one would for an addition or new house construction.

f. Detached Accessory Apartment: The exterior materials, roof form, and window spacing and proportions of the accessory dwelling unit shall be in harmony with those of the existing or proposed principal single family dwelling. For an accessory dwelling unit located within an existing garage or other outbuilding, the structure is not required to approximate the exterior features of the existing single-family dwelling, but any exterior modifications should be consistent with the architectural style of that structure unless the building is upgraded per the requirement for new structures. 

g. The site plan shall demonstrate off street parking for a minimum of three (3) vehicles in the driveway or garage to accommodate both the principal dwelling and the accessory apartment of the premises and shall otherwise conform with Section 11 of these Regulations.  Each parking space and the driveway leading thereto shall be paved or shall have an all-weather surface.  No parking space shall be located within the boundary of a street right-of-way.

h. Either the single-family dwelling or the apartment unit shall be permanently occupied by the owner of the premises. An affidavit of ownership signed by the owner(s) of the premises and affirming intent of an owner(s) to occupy either the single-family dwelling or accessory apartment in required at the time of application and will be filed in the Town Land Record.

i.  In complying with the intent of Public Act 21-29 to provide housing, accessory apartments are prohibited from being used for short term rentals such as Air B&B, weekly or monthly rentals, and alike.

     Changes to  SECTION 1 - DEFINITIONS

NEW - Accessory apartment: a dwelling unit that is located on the lot of or within a single-family home.

NEW - Short Term Rentals     Short-term rental means a dwelling unit, or portion thereof, that is offered or provided to a guest by a short-term rental owner or operator for a fee. Commonly referred to as vacation rentals.

Changes to Section III.
SECTION III – DISTRICTS
The area of the Black Point Beach Club Association is hereby divided into two districts and zones, they being a Residence District and a Business District.

Residence District
All the zoned area of the Black Point Beach Club Association except the business district as herein defined.  This shall include all the land within the territorial limits of the Black Point Beach Club as described in a map made by Daboll & Crandall, received for filing May 27, 1931 and placed on file in the Town Clerk’s Office in the Town of East Lyme, Connecticut.

Permitted Uses. – The following uses of buildings and/or land and no others are permitted in the residence district.
1.	a. One single family detached.  Furnishing of meals or lodging for compensation, (i.e. the use of a dwelling or building as a hotel, motel, boarding house or restaurant), is prohibited in this zone.  The rental of an entire dwelling for a permitted use for a period of less than one week is prohibited in this zone.

b. Accessory apartments as regulated in Section V 9.	

Changes to Section VII – NONCONFORMING USES, BUILDINGS AND LOTS

12c.3 Alter the single-family status of the dwellings unless an application for an accessory apartment under Section V 9 is approved.