Connecticut 2019 Regular Session

Connecticut House Bill HB05229 Compare Versions

Version 1 (Old)

Version 2 (New)

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7	6		General Assembly Committee Bill No. 5229
8	7		January Session, 2019
9	8		LCO No. 6021
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12	11		Referred to Committee on PLANNING AND DEVELOPMENT
13	12
14	13
15	14		Introduced by:
16	15		(PD)
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19	18
20	19		AN ACT CONCERNING TH E REGULATION OF SIGNS BY ZONING
21	20		COMMISSIONS.
22	21		Be it enacted by the Senate and House of Representatives in General
23	22		Assembly convened:
24	23
25	24		Section 1. Section 8-2 of the general statutes is repealed and the 1
26	25		following is substituted in lieu thereof (Effective October 1, 2019): 2
27	26		(a) The zoning commission of each city, town or borough is 3
28	27		authorized to regulate, within the limits of such municipality, the 4
29	28		height, number of stories and size of buildings and other structures; 5
30	29		the percentage of the area of the lot that may be occupied; the size of 6
31	30		yards, courts and other open spaces; the density of population and the 7
32	31		location and use of buildings, structures and land for trade, industry, 8
33	32		residence or other purposes, including water-dependent uses, as 9
34	33		defined in section 22a-93, and the height, size, location, brightness and 10
35	34		illumination of [advertising] signs and billboards. Such bulk 11
36	35		regulations may allow for cluster development, as defined in section 8-12
37	36		18. Such zoning commission may divide the municipality into districts 13
38	37		of such number, shape and area as may be best suited to carry out the 14
39	38		purposes of this chapter; and, within such districts, it may regulate the 15
40		-	erection, construction, reconstruction, alteration or use of buildings or 16 Committee Bill No. 5229
	39	+	erection, construction, reconstruction, alteration or use of buildings or 16
	40	+	Committee Bill No. 5229
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47	45		structures and the use of land. All such regulations shall be uniform 17
48	46		for each class or kind of buildings, structures or use of land throughout 18
49	47		each district, but the regulations in one district may differ from those 19
50	48		in another district, and may provide that certain classes or kinds of 20
51	49		buildings, structures or uses of land are permitted only after obtaining 21
52	50		a special permit or special exception from a zoning commission, 22
53	51		planning commission, combined planning and zoning commission or 23
54	52		zoning board of appeals, whichever commission or board the 24
55	53		regulations may, notwithstanding any special act to the contrary, 25
56	54		designate, subject to standards set forth in the regulations and to 26
57	55		conditions necessary to protect the public health, safety, convenience 27
58	56		and property values. Such regulations shall be made in accordance 28
59	57		with a comprehensive plan and in adopting such regulations the 29
60	58		commission shall consider the plan of conservation and development 30
61	59		prepared under section 8-23. Such regulations shall be designed to 31
62	60		lessen congestion in the streets; to secure safety from fire, panic, flood 32
63	61		and other dangers; to promote health and the general welfare; to 33
64	62		provide adequate light and air; to prevent the overcrowding of land; to 34
65	63		avoid undue concentration of population and to facilitate the adequate 35
66	64		provision for transportation, water, sewerage, schools, parks and other 36
67	65		public requirements. Such regulations shall be made with reasonable 37
68	66		consideration as to the character of the district and its peculiar 38
69	67		suitability for particular uses and with a view to conserving the value 39
70	68		of buildings and encouraging the most appropriate use of land 40
71	69		throughout such municipality. Such regulations may, to the extent 41
72	70		consistent with soil types, terrain, infrastructure capacity and the plan 42
73	71		of conservation and development for the community, provide for 43
74	72		cluster development, as defined in section 8-18, in residential zones. 44
75	73		Such regulations shall also encourage the development of housing 45
76	74		opportunities, including opportunities for multifamily dwellings, 46
77	75		consistent with soil types, terrain and infrastructure capacity, for all 47
78	76		residents of the municipality and the planning region in which the 48
79	77		municipality is located, as designated by the Secretary of the Office of 49
80	78		Policy and Management under section 16a-4a. Such regulations shall 50
81		-	~~also promote housing choice and economic diversity in housing, 51~~ Committee Bill No. 5229
	79	+	Committee Bill No. 5229
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	84	+	also promote housing choice and economic diversity in housing, 51
88	85		including housing for both low and moderate income households, and 52
89	86		shall encourage the development of housing which will meet the 53
90	87		housing needs identified in the state's consolidated plan for housing 54
91	88		and community development prepared pursuant to section 8-37t and 55
92	89		in the housing component and the other components of the state plan 56
93	90		of conservation and development prepared pursuant to section 16a-26. 57
94	91		Zoning regulations shall be made with reasonable consideration for 58
95	92		their impact on agriculture, as defined in subsection (q) of section 1-1. 59
96	93		Zoning regulations may be made with reasonable consideration for the 60
97	94		protection of historic factors and shall be made with reasonable 61
98	95		consideration for the protection of existing and potential public surface 62
99	96		and ground drinking water supplies. On and after July 1, 1985, the 63
100	97		regulations shall provide that proper provision be made for soil 64
101	98		erosion and sediment control pursuant to section 22a-329. Such 65
102	99		regulations may also encourage energy -efficient patterns of 66
103	100		development, the use of solar and other renewable forms of energy, 67
104	101		and energy conservation. The regulations may also provide for 68
105	102		incentives for developers who use passive solar energy techniques, as 69
106	103		defined in subsection (b) of section 8-25, in planning a residential 70
107	104		subdivision development. The incentives may include, but not be 71
108	105		limited to, cluster development, higher density development and 72
109	106		performance standards for roads, sidewalks and underground facilities 73
110	107		in the subdivision. Such regulations may provide for a municipal 74
111	108		system for the creation of development rights and the permanent 75
112	109		transfer of such development rights, which may include a system for 76
113	110		the variance of density limits in connection with any such transfer. 77
114	111		Such regulations may also provide for notice requirements in addition 78
115	112		to those required by this chapter. Such regulations may provide for 79
116	113		conditions on operations to collect spring water or well water, as 80
117	114		defined in section 21a-150, including the time, place and manner of 81
118	115		such operations. No such regulations shall prohibit the operation of 82
119	116		any family child care home or group child care home in a residential 83
120	117		zone. No such regulations shall prohibit the use of receptacles for the 84
121		-	storage of items designated for recycling in accordance with section 85
122		-	22a-241b or require that such receptacles comply with provisions for 86 Committee Bill No. 5229
	118	+	Committee Bill No. 5229
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	123	+	storage of items designated for recycling in accordance with section 85
	124	+	22a-241b or require that such receptacles comply with provisions for 86
129	125		bulk or lot area, or similar provisions, except provisions for side yards, 87
130	126		rear yards and front yards. No such regulations shall unreasonably 88
131	127		restrict access to or the size of such receptacles for businesses, given 89
132	128		the nature of the business and the volume of items designated for 90
133	129		recycling in accordance with section 22a-241b, that such business 91
134	130		produces in its normal course of business, provided nothing in this 92
135	131		section shall be construed to prohibit such regulations from requiring 93
136	132		the screening or buffering of such receptacles for aesthetic reasons. 94
137	133		Such regulations shall not impose conditions and requirements on 95
138	134		manufactured homes having as their narrowest dimension twenty-two 96
139	135		feet or more and built in accordance with federal manufactured home 97
140	136		construction and safety standards or on lots containing such 98
141	137		manufactured homes which are substantially different from conditions 99
142	138		and requirements imposed on single-family dwellings and lots 100
143	139		containing single-family dwellings. Such regulations shall not impose 101
144	140		conditions and requirements on developments to be occupied by 102
145	141		manufactured homes having as their narrowest dimension twenty-two 103
146	142		feet or more and built in accordance with federal manufactured home 104
147	143		construction and safety standards which are substantially different 105
148	144		from conditions and requirements imposed on multifamily dwellings, 106
149	145		lots containing multifamily dwellings, cluster developments or 107
150	146		planned unit developments. Such regulations shall not prohibit the 108
151	147		continuance of any nonconforming use, building or structure existing 109
152	148		at the time of the adoption of such regulations or require a special 110
153	149		permit or special exception for any such continuance. Such regulations 111
154	150		shall not provide for the termination of any nonconforming use solely 112
155	151		as a result of nonuse for a specified period of time without regard to 113
156	152		the intent of the property owner to maintain that use. Such regulations 114
157	153		shall not terminate or deem abandoned a nonconforming use, building 115
158	154		or structure unless the property owner of such use, building or 116
159	155		structure voluntarily discontinues such use, building or structure and 117
160	156		such discontinuance is accompanied by an intent to not reestablish 118
	157	+	Committee Bill No. 5229
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	159	+
	160	+	LCO No. 6021 5 of 6
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161	162		such use, building or structure. The demolition or deconstruction of a 119
162	163		nonconforming use, building or structure shall not by itself be 120
163		-	evidence of such property owner's intent to not reestablish such use, 121 Committee Bill No. 5229
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	164	+	evidence of such property owner's intent to not reestablish such use, 121
170	165		building or structure. Unless such town opts out, in accordance with 122
171	166		the provisions of subsection (j) of section 8-1bb, such regulations shall 123
172	167		not prohibit the installation of temporary health care structures for use 124
173	168		by mentally or physically impaired persons in accordance with the 125
174	169		provisions of section 8-1bb if such structures comply with the 126
175	170		provisions of said section. Any city, town or borough which adopts the 127
176	171		provisions of this chapter may, by vote of its legislative body, exempt 128
177	172		municipal property from the regulations prescribed by the zoning 129
178	173		commission of such city, town or borough; but unless it is so voted 130
179	174		municipal property shall be subject to such regulations. 131
180	175		(b) In any municipality that is contiguous to Long Island Sound the 132
181	176		regulations adopted under this section shall be made with reasonable 133
182	177		consideration for restoration and protection of the ecosystem and 134
183	178		habitat of Long Island Sound and shall be designed to reduce hypoxia, 135
184	179		pathogens, toxic contaminants and floatable debris in Long Island 136
185	180		Sound. Such regulations shall provide that the commission consider 137
186	181		the environmental impact on Long Island Sound of any proposal for 138
187	182		development. 139
188	183		(c) In any municipality where a traprock ridge, as defined in section 140
189	184		8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located 141
190	185		the regulations may provide for development restrictions in ridgeline 142
191	186		setback areas, as defined in said section. The regulations may restrict 143
192	187		quarrying and clear cutting, except that the following operations and 144
193	188		uses shall be permitted in ridgeline setback areas, as of right: (1) 145
194	189		Emergency work necessary to protect life and property; (2) any 146
195	190		nonconforming uses that were in existence and that were approved on 147
196	191		or before the effective date of regulations adopted under this section; 148
197	192		and (3) selective timbering, grazing of domesticated animals and 149
198	193		passive recreation. 150
	194	+	Committee Bill No. 5229
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	197	+	LCO No. 6021 6 of 6
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199	199		(d) Any [advertising] sign or billboard that is not equipped with the 151
200	200		ability to calibrate brightness or illumination shall be exempt from any 152
201	201		municipal ordinance or regulation regulating such brightness or 153
202		-	illumination that is adopted by a city, town or borough after the date 154 Committee Bill No. 5229
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	202	+	illumination that is adopted by a city, town or borough after the date 154
209	203		of installation of such [advertising] sign or billboard pursuant to 155
210	204		subsection (a) of this section. 156
211	205		This act shall take effect as follows and shall amend the following
212	206		sections:
213	207
214	208		Section 1 October 1, 2019 8-2
215	209
216		-	PD Joint Favorable
	210	+	Statement of Purpose:
	211	+	To authorize municipal zoning commissions to regulate the height,
	212	+	size, location, brightness and illumination of all signs.
	213	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
	214	+	except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
	215	+	not underlined.]
	216	+
	217	+	Co-Sponsors: REP. CANDELORA, 86th Dist.
	218	+
	219	+	H.B. 5229
	220	+
217	221