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 Section 8-2 of the general statutes is repealed and the 1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