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General Assembly Substitute Bill No. 6749
January Session, 2019
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 Section 8-2 of the general statutes is repealed and the 1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
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 Substitute Bill No. 6749
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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 the purposes of the federal Fair Housing Act, 42 USC 3600 et 45
seq., as amended from time to time; 46
(3) Be made with reasonable consideration as to [the character of the 47
district and its peculiar] a district's suitability for particular uses and 48
with a view to conserving the value of buildings and encouraging the 49 Substitute Bill No. 6749
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most appropriate use of land throughout [such] a municipality; [. Such 50
regulations may, to the extent consistent with soil types, terrain, 51
infrastructure capacity and the plan of conservation and development 52
for the community, provide for cluster development, as defined in 53
section 8-18, in residential zones. Such regulations shall also 54
encourage] 55
(4) Provide for the development of housing opportunities, including 56
opportunities for multifamily dwellings, consistent with soil types, 57
terrain and infrastructure capacity, for all residents of the municipality 58
and the planning region in which the municipality is located, as 59
designated by the Secretary of the Office of Policy and Management 60
under section 16a-4a; [. Such regulations shall also promote] 61
(5) Promote housing choice and economic diversity in housing, 62
including housing for both low and moderate income households; [, 63
and shall encourage] 64
(6) Provide for the development of housing which will meet the 65
housing needs identified in the state's consolidated plan for housing 66
and community development prepared pursuant to section 8-37t and 67
in the housing component and the other components of the state plan 68
of conservation and development prepared pursuant to section 16a-26; 69
[. Zoning regulations shall be] 70
(7) Be made with reasonable consideration for their impact on 71
agriculture, as defined in subsection (q) of section 1-1; [.] 72
(8) Provide that proper provisions be made for soil erosion and 73
sediment control pursuant to section 22a-329; 74
(9) Be made with reasonable consideration for the protection of 75
existing and potential public surface and ground drinking water 76
supplies; and 77
(10) In any municipality that is contiguous to Long Island Sound, 78
(A) be made with reasonable consideration for the restoration and 79 Substitute Bill No. 6749
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protection of the ecosystem and habitat of Long Island Sound; (B) be 80
designed to reduce hypoxia, pathogens, toxic contaminants and 81
floatable debris on Long Island Sound; and (C) provide that the 82
commission consider the environmental impact on Long Island Sound 83
of any proposal for development. 84
(c) Zoning regulations adopted pursuant to subsection (a) of this 85
section may: [be] 86
(1) To the extent consistent with soil types, terrain and 87
infrastructure capacity for the community, provide for cluster 88
development, as defined in section 8-18; 89
(2) Be made with reasonable consideration for the protection of 90
historic factors; [and shall be made with reasonable consideration for 91
the protection of existing and potential public surface and ground 92
drinking water supplies. On and after July 1, 1985, the regulations shall 93
provide that proper provision be made for soil erosion and sediment 94
control pursuant to section 22a-329. Such regulations may also 95
encourage] 96
(3) Encourage energy-efficient patterns of development, the use of 97
solar and other renewable forms of energy, and energy conservation; [. 98
The regulations may also provide] 99
(4) Provide for incentives for developers who use passive solar 100
energy techniques, as defined in subsection (b) of section 8-25, in 101
planning a residential subdivision development, [. The incentives may 102
include, but not be] including, but not limited to, cluster development, 103
higher density development and performance standards for roads, 104
sidewalks and underground facilities in the subdivision; [. Such 105
regulations may provide] 106
(5) Provide for a municipal system for the creation of development 107
rights and the permanent transfer of such development rights, which 108
may include a system for the variance of density limits in connection 109
with any such transfer; [. Such regulations may also provide] 110 Substitute Bill No. 6749
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(6) Provide for notice requirements in addition to those required by 111
this chapter; [. Such regulations may provide] 112
(7) Provide for conditions on operations to collect spring water or 113
well water, as defined in section 21a-150, including the time, place and 114
manner of such operations; [. No such regulations shall prohibit] and 115
(8) In any municipality where a traprock ridge or an amphibolite 116
ridge is located, (A) provide for development restrictions in ridgeline 117
setback areas; and (B) restrict quarrying and clear cutting, except that 118
the following operations and uses shall be permitted in ridgeline 119
setback areas, as of right: (i) Emergency work necessary to protect life 120
and property; (ii) any nonconforming uses that were in existence and 121
that were approved on or before the effective date of regulations 122
adopted pursuant to this section; and (iii) selective timbering, grazing 123
of domesticated animals and passive recreation. As used in this 124
subdivision, "traprock ridge", "amphibolite ridge" and "ridgeline 125
setback area" have the same meanings as provided in section 8-1aa. 126
(d) Zoning regulations adopted pursuant to subsection (a) of this 127
section shall not: 128
(1) Prohibit the operation of any family child care home or group 129
child care home in a residential zone; [. No such regulations shall 130
prohibit] 131
(2) (A) Prohibit the use of receptacles for the storage of items 132
designated for recycling in accordance with section 22a-241b or require 133
that such receptacles comply with provisions for bulk or lot area, or 134
similar provisions, except provisions for side yards, rear yards and 135
front yards; [. No such regulations shall] or (B) unreasonably restrict 136
access to or the size of such receptacles for businesses, given the nature 137
of the business and the volume of items designated for recycling in 138
accordance with section 22a-241b, that such business produces in its 139
normal course of business, provided nothing in this section shall be 140
construed to prohibit such regulations from requiring the screening or 141 Substitute Bill No. 6749
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buffering of such receptacles for aesthetic reasons; [. Such regulations 142
shall not impose] 143
(3) Impose conditions and requirements on manufactured homes, 144
including mobile manufactured homes, having as their narrowest 145
dimension twenty-two feet or more and built in accordance with 146
federal manufactured home construction and safety standards, or on 147
lots containing such manufactured homes, [which] including mobile 148
manufactured home parks, if those conditions and requirements are 149
substantially different from conditions and requirements imposed on 150
(A) single-family dwellings; [and] (B) lots containing single-family 151
dwellings; [. Such regulations shall not impose conditions and 152
requirements on developments to be occupied by manufactured homes 153
having as their narrowest dimension twenty-two feet or more and 154
built in accordance with federal manufactured home construction and 155
safety standards which are substantially different from conditions and 156
requirements imposed on] or (C) multifamily dwellings, lots 157
containing multifamily dwellings, cluster developments or planned 158
unit developments; [. Such regulations shall not prohibit] 159
(4) (A) Prohibit the continuance of any nonconforming use, building 160
or structure existing at the time of the adoption of such regulations; 161
[or] (B) require a special permit or special exception for any such 162
continuance; [. Such regulations shall not] (C) provide for the 163
termination of any nonconforming use solely as a result of nonuse for a 164
specified period of time without regard to the intent of the property 165
owner to maintain that use; [. Such regulations shall not] or (D) 166
terminate or deem abandoned a nonconforming use, building or 167
structure unless the property owner of such use, building or structure 168
voluntarily discontinues such use, building or structure and such 169
discontinuance is accompanied by an intent to not reestablish such use, 170
building or structure. The demolition or deconstruction of a 171
nonconforming use, building or structure shall not by itself be 172
evidence of such property owner's intent to not reestablish such use, 173
building or structure; [. Unless such town opts out, in accordance with 174 Substitute Bill No. 6749
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the provisions of subsection (j) of section 8-1bb, such regulations shall 175
not prohibit] and 176
(5) Prohibit the installation of temporary health care structures for 177
use by mentally or physically impaired persons [in accordance with 178
the provisions of section 8-1bb if such structures comply with the 179
provisions of said section] pursuant to section 8-1bb, as amended by 180
this act, unless the municipality opts out pursuant to subsection (j) of 181
said section. 182
(e) Any city, town or borough which adopts the provisions of this 183
chapter may, by vote of its legislative body, exempt municipal 184
property from the regulations prescribed by the zoning commission of 185
such city, town or borough, [;] but unless it is so voted, municipal 186
property shall be subject to such regulations. 187
[(b) In any municipality that is contiguous to Long Island Sound the 188
regulations adopted under this section shall be made with reasonable 189
consideration for restoration and protection of the ecosystem and 190
habitat of Long Island Sound and shall be designed to reduce hypoxia, 191
pathogens, toxic contaminants and floatable debris in Long Island 192
Sound. Such regulations shall provide that the commission consider 193
the environmental impact on Long Island Sound of any proposal for 194
development. 195
(c) In any municipality where a traprock ridge, as defined in section 196
8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located 197
the regulations may provide for development restrictions in ridgeline 198
setback areas, as defined in said section. The regulations may restrict 199
quarrying and clear cutting, except that the following operations and 200
uses shall be permitted in ridgeline setback areas, as of right: (1) 201
Emergency work necessary to protect life and property; (2) any 202
nonconforming uses that were in existence and that were approved on 203
or before the effective date of regulations adopted under this section; 204
and (3) selective timbering, grazing of domesticated animals and 205
passive recreation.] 206 Substitute Bill No. 6749
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[(d)] (f) Any advertising sign or billboard that is not equipped with 207
the ability to calibrate brightness or illumination shall be exempt from 208
any municipal ordinance or regulation regulating such brightness or 209
illumination that is adopted by a city, town or borough, pursuant to 210
subsection (a) of this section, after the date of installation of such 211
advertising sign or billboard. [pursuant to subsection (a) of this 212
section.] 213
Sec. 2. Subsection (a) of section 8-30j of the general statutes is 214
repealed and the following is substituted in lieu thereof (Effective July 215
1, 2019): 216
(a) [At] Not later than January 1, 2021, and at least once every five 217
years thereafter, each municipality shall prepare or amend and adopt 218
an affordable housing plan for the municipality. Such plan shall 219
specify how the municipality intends to increase the number of 220
affordable housing developments in the municipality. 221
Sec. 3. (NEW) (Effective July 1, 2019) (a) (1) The Commissioner of 222
Housing shall convene a working group to conduct a study of the 223
requirements for municipal zoning to: 224
(A) Provide for the development of housing opportunities, 225
including opportunities for multifamily dwellings consistent with soil 226
types, terrain and infrastructure capacity, for all residents of a 227
municipality and the planning region in which such municipality is 228
located, as designated by the Secretary of the Office of Policy and 229
Management pursuant to section 16a-4a of the general statutes; 230
(B) Promote housing choice and economic diversity in housing, 231
including housing for both low and moderate income households; and 232
(C) Provide for the development of housing that will meet the needs 233
identified in the state's consolidated plan for housing and community 234
development, prepared pursuant to section 8-37t of the general 235
statutes, and in the housing and other components of the state plan of 236
conservation and development, prepared pursuant to section 16a-26 of 237 Substitute Bill No. 6749
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the general statutes. 238
(2) Such study shall include an examination of (A) how the 239
Commissioner of Housing should determine each municipality's 240
compliance with such zoning requirements, (B) the form and manner 241
in which evidence of such compliance should be provided to said 242
commissioner, and (C) how such compliance should be incorporated 243
into each municipality's affordable housing plan prepared pursuant to 244
section 8-30j of the general statutes, as amended by this act. 245
(3) The working group shall consist of the following members, who 246
shall be appointed by the Commissioner of Housing not later than 247
sixty days after the effective date of this section: 248
(A) Two representatives with expertise in fair housing issues; 249
(B) Two representatives with expertise in state or local planning; 250
(C) Two representatives with expertise in addressing homelessness 251
in the state; 252
(D) One representative of a municipal advocacy organization; 253
(E) One representative with expertise in the housing construction 254
trade; and 255
(F) The Secretary of the Office of Policy and Management, or said 256
secretary's designee. 257
(4) Not later than January 1, 2020, the Commissioner of Housing 258
shall submit a report regarding the outcome and recommendations of 259
the working group, including any recommended legislation, to the 260
joint standing committee of the General Assembly having cognizance 261
of matters relating to planning and development, in accordance with 262
section 11-4a of the general statutes. 263
(b) (1) Not later than January 1, 2021, and at least once every ten 264
years thereafter, each municipality that adopts the provisions of 265 Substitute Bill No. 6749
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chapter 124 of the general statutes pursuant to section 8-1 of the 266
general statutes, as amended by this act, shall demonstrate, in a form 267
and manner prescribed by the Commissioner of Housing, compliance 268
with subdivisions (4) to (6), inclusive, of subsection (b) of section 8-2 of 269
the general statutes, as amended by this act. Said commissioner, in 270
consultation with the working group established pursuant to 271
subsection (a) of this section, shall prescribe the form and manner in 272
which each municipality shall provide evidence of such compliance, 273
except that, not later than April 1, 2020, said commissioner shall 274
provide guidance to municipalities regarding the demonstration of 275
such compliance. 276
(2) The Commissioner of Housing shall notify the Secretary of the 277
Office of Policy and Management of the failure of any municipality to 278
demonstrate compliance in accordance with subdivision (1) of this 279
subsection. Any municipality that fails to demonstrate such 280
compliance shall be ineligible for discretionary state funding until said 281
commissioner notifies said secretary that such municipality has so 282
complied, except that said secretary may expressly waive such 283
ineligibility. 284
Sec. 4. Subsection (j) of section 8-1bb of the general statutes is 285
repealed and the following is substituted in lieu thereof (Effective July 286
1, 2019): 287
(j) A municipality, by vote of its legislative body or, in a 288
municipality where the legislative body is a town meeting, by vote of 289
the board of selectmen, may opt out of the provisions of this section 290
and the [provision] provisions of subdivision (5) of subsection [(a)] (d) 291
of section 8-2, as amended by this act, regarding authorization for the 292
installation of temporary health care structures, provided the zoning 293
commission or combined planning and zoning commission of the 294
municipality: (1) First holds a public hearing in accordance with the 295
provisions of section 8-7d on such proposed opt-out, (2) affirmatively 296
decides to opt out of the provisions of said sections within the period 297
of time permitted under section 8-7d, (3) states upon its records the 298 Substitute Bill No. 6749
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reasons for such decision, and (4) publishes notice of such decision in a 299
newspaper having a substantial circulation in the municipality not 300
later than fifteen days after such decision has been rendered. 301
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2019 8-2
Sec. 2 July 1, 2019 8-30j(a)
Sec. 3 July 1, 2019 New section
Sec. 4 July 1, 2019 8-1bb(j)
Statement of Legislative Commissioners:
In Section 1(f), the sentence was re-structured for clarity; in Sec. 3, "the
secretary" was changed to "said secretary" throughout, and "this
chapter" was changed to "chapter 124 of the general statutes" in
Subsec. (b)(1), for accuracy; and Sec. 4 was added to make a
conforming change.
PD Joint Favorable Subst.