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General Assembly Committee Bill No. 6749
January Session, 2019
LCO No. 4588
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT TO REORGANIZE THE ZONING ENABLING ACT AND
PROMOTE MUNICIPAL CO MPLIANCE.
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 Section 8-2 of the general statutes is repealed and the 1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 July 1, 2019): 2
(a) (1) The zoning commission of each city, town or borough is 3
authorized to regulate, within the limits of such municipality: [, the] 4
(A) The height, number of stories and size of buildings and other 5
structures; (B) the percentage of the area of the lot that may be 6
occupied; (C) the size of yards, courts and other open spaces; (D) the 7
density of population and the location and use of buildings, structures 8
and land for trade, industry, residence or other purposes, including 9
water-dependent uses, as defined in section 22a-93; [,] and (E) the 10
height, size, location, brightness and illumination of advertising signs 11
and billboards, [. Such bulk regulations may allow for cluster 12
development, as defined in section 8-18] except as provided in 13
subsection (f) of this section. 14
(2) Such zoning commission may divide the municipality into 15
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districts of such number, shape and area as may be best suited to carry 16
out the purposes of this chapter; and, within such districts, it may 17
regulate the erection, construction, reconstruction, alteration or use of 18
buildings or structures and the use of land. All [such] zoning 19
regulations shall be uniform for each class or kind of buildings, 20
structures or use of land throughout each district, but the regulations 21
in one district may differ from those in another district. [, and] 22
(3) Zoning regulations may provide that certain classes or kinds of 23
buildings, structures or uses of land are permitted only after obtaining 24
a special permit or special exception from a zoning commission, 25
planning commission, combined planning and zoning commission or 26
zoning board of appeals, whichever commission or board the 27
regulations may, notwithstanding any special act to the contrary, 28
designate, subject to standards set forth in the regulations and to 29
conditions necessary to protect the public health, safety, convenience 30
and property values. [Such] 31
(b) Zoning regulations adopted pursuant to subsection (a) of this 32
section shall: [be] 33
(1) Be made in accordance with a comprehensive plan and in 34
[adopting such regulations the commission shall consider ] 35
consideration of the plan of conservation and development [prepared] 36
adopted under section 8-23; [. Such regulations shall be] 37
(2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 38
safety from fire, panic, flood and other dangers; [to] (C) promote 39
health and the general welfare; [to] (D) provide adequate light and air; 40
[to] (E) prevent the overcrowding of land; [to] (F) avoid undue 41
concentration of population; [and to] (G) facilitate the adequate 42
provision for transportation, water, sewerage, schools, parks and other 43
public requirements; [. Such regulations shall be] and (H) affirmatively 44
further fair housing; 45
(3) Be made with reasonable consideration as to [the character of the 46
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district and its peculiar] a district's suitability for particular uses and 47
with a view to conserving the value of buildings and encouraging the 48
most appropriate use of land throughout [such] a municipality; [. Such 49
regulations may, to the extent consistent with soil types, terrain, 50
infrastructure capacity and the plan of conservation and development 51
for the community, provide for cluster development, as defined in 52
section 8-18, in residential zones. Such regulations shall also 53
encourage] 54
(4) Provide for the development of housing opportunities, including 55
opportunities for multifamily dwellings, consistent with soil types, 56
terrain and infrastructure capacity, for all residents of the municipality 57
and the planning region in which the municipality is located, as 58
designated by the Secretary of the Office of Policy and Management 59
under section 16a-4a; [. Such regulations shall also promote] 60
(5) Promote housing choice and economic diversity in housing, 61
including housing for both low and moderate income households; [, 62
and shall encourage] 63
(6) Provide for the development of housing which will meet the 64
housing needs identified in the state's consolidated plan for housing 65
and community development prepared pursuant to section 8-37t and 66
in the housing component and the other components of the state plan 67
of conservation and development prepared pursuant to section 16a-26; 68
[. Zoning regulations shall be] 69
(7) Be made with reasonable consideration for their impact on 70
agriculture, as defined in subsection (q) of section 1-1; [.] 71
(8) Provide that proper provisions be made for soil erosion and 72
sediment control pursuant to section 22a-329; 73
(9) Be made with reasonable consideration for the protection of 74
existing and potential public surface and ground drinking water 75
supplies; and 76
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(10) In any municipality that is contiguous to Long Island Sound, 77
(A) be made with reasonable consideration for the restoration and 78
protection of the ecosystem and habitat of Long Island Sound; (B) be 79
designed to reduce hypoxia, pathogens, toxic contaminants and 80
floatable debris on Long Island Sound; and (C) provide that the 81
commission consider the environmental impact on Long Island Sound 82
of any proposal for development. 83
(c) Zoning regulations adopted pursuant to subsection (a) of this 84
section may: [be] 85
(1) To the extent consistent with soil types, terrain and 86
infrastructure capacity for the community, provide for cluster 87
development, as defined in section 8-18; 88
(2) Be made with reasonable consideration for the protection of 89
historic factors; [and shall be made with reasonable consideration for 90
the protection of existing and potential public surface and ground 91
drinking water supplies. On and after July 1, 1985, the regulations shall 92
provide that proper provision be made for soil erosion and sediment 93
control pursuant to section 22a-329. Such regulations may also 94
encourage] 95
(3) Encourage energy-efficient patterns of development, the use of 96
solar and other renewable forms of energy, and energy conservation; [. 97
The regulations may also provide] 98
(4) Provide for incentives for developers who use passive solar 99
energy techniques, as defined in subsection (b) of section 8-25, in 100
planning a residential subdivision development; [. The incentives may 101
include, but not be] including, but not limited to, cluster development, 102
higher density development and performance standards for roads, 103
sidewalks and underground facilities in the subdivision; [. Such 104
regulations may provide] 105
(5) Provide for a municipal system for the creation of development 106
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rights and the permanent transfer of such development rights, which 107
may include a system for the variance of density limits in connection 108
with any such transfer; [. Such regulations may also provide] 109
(6) Provide for notice requirements in addition to those required by 110
this chapter; [. Such regulations may provide] 111
(7) Provide for conditions on operations to collect spring water or 112
well water, as defined in section 21a-150, including the time, place and 113
manner of such operations; [. No such regulations shall prohibit] and 114
(8) In any municipality where a traprock ridge or an amphibolite 115
ridge is located, (A) provide for development restrictions in ridgeline 116
setback areas; and (B) restrict quarrying and clear cutting, except that 117
the following operations and uses shall be permitted in ridgeline 118
setback areas, as of right: (i) Emergency work necessary to protect life 119
and property; (ii) any nonconforming uses that were in existence and 120
that were approved on or before the effective date of regulations 121
adopted pursuant to this section; and (iii) selective timbering, grazing 122
of domesticated animals and passive recreation. As used in this 123
subdivision, "traprock ridge", "amphibolite ridge" and "ridgeline 124
setback area" have the same meanings as provided in section 8-1aa. 125
(d) Zoning regulations adopted pursuant to subsection (a) of this 126
section shall not: 127
(1) Prohibit the operation of any family child care home or group 128
child care home in a residential zone; [. No such regulations shall 129
prohibit] 130
(2) (A) Prohibit the use of receptacles for the storage of items 131
designated for recycling in accordance with section 22a-241b or require 132
that such receptacles comply with provisions for bulk or lot area, or 133
similar provisions, except provisions for side yards, rear yards and 134
front yards; [. No such regulations shall] or (B) unreasonably restrict 135
access to or the size of such receptacles for businesses, given the nature 136
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of the business and the volume of items designated for recycling in 137
accordance with section 22a-241b, that such business produces in its 138
normal course of business, provided nothing in this section shall be 139
construed to prohibit such regulations from requiring the screening or 140
buffering of such receptacles for aesthetic reasons; [. Such regulations 141
shall not impose] 142
(3) Impose conditions and requirements on manufactured homes, 143
including mobile manufactured homes, having as their narrowest 144
dimension twenty-two feet or more and built in accordance with 145
federal manufactured home construction and safety standards, or on 146
lots containing such manufactured homes, [which] including mobile 147
manufactured home parks, if those conditions and requirements are 148
substantially different from conditions and requirements imposed on 149
(A) single-family dwellings; [and] (B) lots containing single-family 150
dwellings; [. Such regulations shall not impose conditions and 151
requirements on developments to be occupied by manufactured homes 152
having as their narrowest dimension twenty-two feet or more and 153
built in accordance with federal manufactured home construction and 154
safety standards which are substantially different from conditions and 155
requirements imposed on] or (C) multifamily dwellings, lots 156
containing multifamily dwellings, cluster developments or planned 157
unit developments; [. Such regulations shall not prohibit] 158
(4) (A) Prohibit the continuance of any nonconforming use, building 159
or structure existing at the time of the adoption of such regulations; 160
[or] (B) require a special permit or special exception for any such 161
continuance; [. Such regulations shall not] (C) provide for the 162
termination of any nonconforming use solely as a result of nonuse for a 163
specified period of time without regard to the intent of the property 164
owner to maintain that use; [. Such regulations shall not] or (D) 165
terminate or deem abandoned a nonconforming use, building or 166
structure unless the property owner of such use, building or structure 167
voluntarily discontinues such use, building or structure and such 168
discontinuance is accompanied by an intent to not reestablish such use, 169
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building or structure. The demolition or deconstruction of a 170
nonconforming use, building or structure shall not by itself be 171
evidence of such property owner's intent to not reestablish such use, 172
building or structure; [. Unless such town opts out, in accordance with 173
the provisions of subsection (j) of section 8-1bb, such regulations shall 174
not prohibit] and 175
(5) Prohibit the installation of temporary health care structures for 176
use by mentally or physically impaired persons [in accordance with 177
the provisions of section 8-1bb if such structures comply with the 178
provisions of said section] pursuant to section 8-1bb, unless the 179
municipality opts out pursuant to subsection (j) of said section. 180
(e) Any city, town or borough which adopts the provisions of this 181
chapter may, by vote of its legislative body, exempt municipal 182
property from the regulations prescribed by the zoning commission of 183
such city, town or borough, [;] but unless it is so voted, municipal 184
property shall be subject to such regulations. 185
[(b) In any municipality that is contiguous to Long Island Sound the 186
regulations adopted under this section shall be made with reasonable 187
consideration for restoration and protection of the ecosystem and 188
habitat of Long Island Sound and shall be designed to reduce hypoxia, 189
pathogens, toxic contaminants and floatable debris in Long Island 190
Sound. Such regulations shall provide that the commission consider 191
the environmental impact on Long Island Sound of any proposal for 192
development. 193
(c) In any municipality where a traprock ridge, as defined in section 194
8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located 195
the regulations may provide for development restrictions in ridgeline 196
setback areas, as defined in said section. The regulations may restrict 197
quarrying and clear cutting, except that the following operations and 198
uses shall be permitted in ridgeline setback areas, as of right: (1) 199
Emergency work necessary to protect life and property; (2) any 200
nonconforming uses that were in existence and that were approved on 201
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or before the effective date of regulations adopted under this section; 202
and (3) selective timbering, grazing of domesticated animals and 203
passive recreation.] 204
[(d)] (f) Any advertising sign or billboard that is not equipped with 205
the ability to calibrate brightness or illumination shall be exempt from 206
any municipal ordinance or regulation regulating such brightness or 207
illumination that is adopted by a city, town or borough after the date 208
of installation of such advertising sign or billboard pursuant to 209
subsection (a) of this section. 210
(g) (1) On or before July 1, 2020, and at least once every five years 211
thereafter, each municipality that adopts the provisions of this chapter 212
pursuant to section 8-1 shall demonstrate, in a form and manner 213
prescribed by the Commissioner of Housing, compliance with 214
subdivisions (4) to (6), inclusive, of subsection (b) of this section. The 215
commissioner shall notify the Secretary of the Office of Policy and 216
Management of the failure of any municipality to demonstrate 217
compliance. 218
(2) A municipality that fails to demonstrate such compliance shall 219
be ineligible for discretionary state funding until the commissioner 220
notifies the secretary that the municipality has satisfied the 221
requirements, unless such ineligibility is expressly waived by the 222
secretary. 223
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 8-2
Statement of Purpose:
To enable zoning commissions and lay people to more easily
understand the requirements of section 8-2 of the general statutes and
provide an administrative mechanism to promote municipal
compliance with said section.
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[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline,
except that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is
not underlined.]
Co-Sponsors: REP. LEMAR, 96th Dist.
H.B. 6749