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Connecticut House Bill HB06749

Connecticut 2019 Regular Session

Connecticut House Bill HB06749 Compare Versions

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77 General Assembly Substitute Bill No. 6749
88 January Session, 2019
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1414 AN ACT TO REORGANIZE THE ZONING ENABLING ACT AND
1515 PROMOTE MUNICIPAL CO MPLIANCE.
1616 Be it enacted by the Senate and House of Representatives in General
1717 Assembly convened:
1818
1919 Section 1. Section 8-2 of the general statutes is repealed and the 1
2020 following is substituted in lieu thereof (Effective July 1, 2019): 2
2121 (a) (1) The zoning commission of each city, town or borough is 3
2222 authorized to regulate, within the limits of such municipality: [, the] 4
2323 (A) The height, number of stories and size of buildings and other 5
2424 structures; (B) the percentage of the area of the lot that may be 6
2525 occupied; (C) the size of yards, courts and other open spaces; (D) the 7
2626 density of population and the location and use of buildings, structures 8
2727 and land for trade, industry, residence or other purposes, including 9
2828 water-dependent uses, as defined in section 22a-93; [,] and (E) the 10
2929 height, size, location, brightness and illumination of advertising signs 11
3030 and billboards, [. Such bulk regulations may allow for cluster 12
3131 development, as defined in section 8-18] except as provided in 13
3232 subsection (f) of this section. 14
3333 (2) Such zoning commission may divide the municipality into 15
3434 districts of such number, shape and area as may be best suited to carry 16
3535 out the purposes of this chapter; and, within such districts, it may 17
3636 regulate the erection, construction, reconstruction, alteration or use of 18 Substitute Bill No. 6749
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4343 buildings or structures and the use of land. All [such] zoning 19
4444 regulations shall be uniform for each class or kind of buildings, 20
4545 structures or use of land throughout each district, but the regulations 21
4646 in one district may differ from those in another district. [, and] 22
4747 (3) Zoning regulations may provide that certain classes or kinds of 23
4848 buildings, structures or uses of land are permitted only after obtaining 24
4949 a special permit or special exception from a zoning commission, 25
5050 planning commission, combined planning and zoning commission or 26
5151 zoning board of appeals, whichever commission or board the 27
5252 regulations may, notwithstanding any special act to the contrary, 28
5353 designate, subject to standards set forth in the regulations and to 29
5454 conditions necessary to protect the public health, safety, convenience 30
5555 and property values. [Such] 31
5656 (b) Zoning regulations adopted pursuant to subsection (a) of this 32
5757 section shall: [be] 33
5858 (1) Be made in accordance with a comprehensive plan and in 34
5959 [adopting such regulations the commission shall consider ] 35
6060 consideration of the plan of conservation and development [prepared] 36
6161 adopted under section 8-23; [. Such regulations shall be] 37
6262 (2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 38
6363 safety from fire, panic, flood and other dangers; [to] (C) promote 39
6464 health and the general welfare; [to] (D) provide adequate light and air; 40
6565 [to] (E) prevent the overcrowding of land; [to] (F) avoid undue 41
6666 concentration of population; [and to] (G) facilitate the adequate 42
6767 provision for transportation, water, sewerage, schools, parks and other 43
6868 public requirements; [. Such regulations shall be] and (H) affirmatively 44
6969 further the purposes of the federal Fair Housing Act, 42 USC 3600 et 45
7070 seq., as amended from time to time; 46
7171 (3) Be made with reasonable consideration as to [the character of the 47
7272 district and its peculiar] a district's suitability for particular uses and 48
7373 with a view to conserving the value of buildings and encouraging the 49 Substitute Bill No. 6749
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8080 most appropriate use of land throughout [such] a municipality; [. Such 50
8181 regulations may, to the extent consistent with soil types, terrain, 51
8282 infrastructure capacity and the plan of conservation and development 52
8383 for the community, provide for cluster development, as defined in 53
8484 section 8-18, in residential zones. Such regulations shall also 54
8585 encourage] 55
8686 (4) Provide for the development of housing opportunities, including 56
8787 opportunities for multifamily dwellings, consistent with soil types, 57
8888 terrain and infrastructure capacity, for all residents of the municipality 58
8989 and the planning region in which the municipality is located, as 59
9090 designated by the Secretary of the Office of Policy and Management 60
9191 under section 16a-4a; [. Such regulations shall also promote] 61
9292 (5) Promote housing choice and economic diversity in housing, 62
9393 including housing for both low and moderate income households; [, 63
9494 and shall encourage] 64
9595 (6) Provide for the development of housing which will meet the 65
9696 housing needs identified in the state's consolidated plan for housing 66
9797 and community development prepared pursuant to section 8-37t and 67
9898 in the housing component and the other components of the state plan 68
9999 of conservation and development prepared pursuant to section 16a-26; 69
100100 [. Zoning regulations shall be] 70
101101 (7) Be made with reasonable consideration for their impact on 71
102102 agriculture, as defined in subsection (q) of section 1-1; [.] 72
103103 (8) Provide that proper provisions be made for soil erosion and 73
104104 sediment control pursuant to section 22a-329; 74
105105 (9) Be made with reasonable consideration for the protection of 75
106106 existing and potential public surface and ground drinking water 76
107107 supplies; and 77
108108 (10) In any municipality that is contiguous to Long Island Sound, 78
109109 (A) be made with reasonable consideration for the restoration and 79 Substitute Bill No. 6749
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116116 protection of the ecosystem and habitat of Long Island Sound; (B) be 80
117117 designed to reduce hypoxia, pathogens, toxic contaminants and 81
118118 floatable debris on Long Island Sound; and (C) provide that the 82
119119 commission consider the environmental impact on Long Island Sound 83
120120 of any proposal for development. 84
121121 (c) Zoning regulations adopted pursuant to subsection (a) of this 85
122122 section may: [be] 86
123123 (1) To the extent consistent with soil types, terrain and 87
124124 infrastructure capacity for the community, provide for cluster 88
125125 development, as defined in section 8-18; 89
126126 (2) Be made with reasonable consideration for the protection of 90
127127 historic factors; [and shall be made with reasonable consideration for 91
128128 the protection of existing and potential public surface and ground 92
129129 drinking water supplies. On and after July 1, 1985, the regulations shall 93
130130 provide that proper provision be made for soil erosion and sediment 94
131131 control pursuant to section 22a-329. Such regulations may also 95
132132 encourage] 96
133133 (3) Encourage energy-efficient patterns of development, the use of 97
134134 solar and other renewable forms of energy, and energy conservation; [. 98
135135 The regulations may also provide] 99
136136 (4) Provide for incentives for developers who use passive solar 100
137137 energy techniques, as defined in subsection (b) of section 8-25, in 101
138138 planning a residential subdivision development, [. The incentives may 102
139139 include, but not be] including, but not limited to, cluster development, 103
140140 higher density development and performance standards for roads, 104
141141 sidewalks and underground facilities in the subdivision; [. Such 105
142142 regulations may provide] 106
143143 (5) Provide for a municipal system for the creation of development 107
144144 rights and the permanent transfer of such development rights, which 108
145145 may include a system for the variance of density limits in connection 109
146146 with any such transfer; [. Such regulations may also provide] 110 Substitute Bill No. 6749
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153153 (6) Provide for notice requirements in addition to those required by 111
154154 this chapter; [. Such regulations may provide] 112
155155 (7) Provide for conditions on operations to collect spring water or 113
156156 well water, as defined in section 21a-150, including the time, place and 114
157157 manner of such operations; [. No such regulations shall prohibit] and 115
158158 (8) In any municipality where a traprock ridge or an amphibolite 116
159159 ridge is located, (A) provide for development restrictions in ridgeline 117
160160 setback areas; and (B) restrict quarrying and clear cutting, except that 118
161161 the following operations and uses shall be permitted in ridgeline 119
162162 setback areas, as of right: (i) Emergency work necessary to protect life 120
163163 and property; (ii) any nonconforming uses that were in existence and 121
164164 that were approved on or before the effective date of regulations 122
165165 adopted pursuant to this section; and (iii) selective timbering, grazing 123
166166 of domesticated animals and passive recreation. As used in this 124
167167 subdivision, "traprock ridge", "amphibolite ridge" and "ridgeline 125
168168 setback area" have the same meanings as provided in section 8-1aa. 126
169169 (d) Zoning regulations adopted pursuant to subsection (a) of this 127
170170 section shall not: 128
171171 (1) Prohibit the operation of any family child care home or group 129
172172 child care home in a residential zone; [. No such regulations shall 130
173173 prohibit] 131
174174 (2) (A) Prohibit the use of receptacles for the storage of items 132
175175 designated for recycling in accordance with section 22a-241b or require 133
176176 that such receptacles comply with provisions for bulk or lot area, or 134
177177 similar provisions, except provisions for side yards, rear yards and 135
178178 front yards; [. No such regulations shall] or (B) unreasonably restrict 136
179179 access to or the size of such receptacles for businesses, given the nature 137
180180 of the business and the volume of items designated for recycling in 138
181181 accordance with section 22a-241b, that such business produces in its 139
182182 normal course of business, provided nothing in this section shall be 140
183183 construed to prohibit such regulations from requiring the screening or 141 Substitute Bill No. 6749
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190190 buffering of such receptacles for aesthetic reasons; [. Such regulations 142
191191 shall not impose] 143
192192 (3) Impose conditions and requirements on manufactured homes, 144
193193 including mobile manufactured homes, having as their narrowest 145
194194 dimension twenty-two feet or more and built in accordance with 146
195195 federal manufactured home construction and safety standards, or on 147
196196 lots containing such manufactured homes, [which] including mobile 148
197197 manufactured home parks, if those conditions and requirements are 149
198198 substantially different from conditions and requirements imposed on 150
199199 (A) single-family dwellings; [and] (B) lots containing single-family 151
200200 dwellings; [. Such regulations shall not impose conditions and 152
201201 requirements on developments to be occupied by manufactured homes 153
202202 having as their narrowest dimension twenty-two feet or more and 154
203203 built in accordance with federal manufactured home construction and 155
204204 safety standards which are substantially different from conditions and 156
205205 requirements imposed on] or (C) multifamily dwellings, lots 157
206206 containing multifamily dwellings, cluster developments or planned 158
207207 unit developments; [. Such regulations shall not prohibit] 159
208208 (4) (A) Prohibit the continuance of any nonconforming use, building 160
209209 or structure existing at the time of the adoption of such regulations; 161
210210 [or] (B) require a special permit or special exception for any such 162
211211 continuance; [. Such regulations shall not] (C) provide for the 163
212212 termination of any nonconforming use solely as a result of nonuse for a 164
213213 specified period of time without regard to the intent of the property 165
214214 owner to maintain that use; [. Such regulations shall not] or (D) 166
215215 terminate or deem abandoned a nonconforming use, building or 167
216216 structure unless the property owner of such use, building or structure 168
217217 voluntarily discontinues such use, building or structure and such 169
218218 discontinuance is accompanied by an intent to not reestablish such use, 170
219219 building or structure. The demolition or deconstruction of a 171
220220 nonconforming use, building or structure shall not by itself be 172
221221 evidence of such property owner's intent to not reestablish such use, 173
222222 building or structure; [. Unless such town opts out, in accordance with 174 Substitute Bill No. 6749
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229229 the provisions of subsection (j) of section 8-1bb, such regulations shall 175
230230 not prohibit] and 176
231231 (5) Prohibit the installation of temporary health care structures for 177
232232 use by mentally or physically impaired persons [in accordance with 178
233233 the provisions of section 8-1bb if such structures comply with the 179
234234 provisions of said section] pursuant to section 8-1bb, as amended by 180
235235 this act, unless the municipality opts out pursuant to subsection (j) of 181
236236 said section. 182
237237 (e) Any city, town or borough which adopts the provisions of this 183
238238 chapter may, by vote of its legislative body, exempt municipal 184
239239 property from the regulations prescribed by the zoning commission of 185
240240 such city, town or borough, [;] but unless it is so voted, municipal 186
241241 property shall be subject to such regulations. 187
242242 [(b) In any municipality that is contiguous to Long Island Sound the 188
243243 regulations adopted under this section shall be made with reasonable 189
244244 consideration for restoration and protection of the ecosystem and 190
245245 habitat of Long Island Sound and shall be designed to reduce hypoxia, 191
246246 pathogens, toxic contaminants and floatable debris in Long Island 192
247247 Sound. Such regulations shall provide that the commission consider 193
248248 the environmental impact on Long Island Sound of any proposal for 194
249249 development. 195
250250 (c) In any municipality where a traprock ridge, as defined in section 196
251251 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located 197
252252 the regulations may provide for development restrictions in ridgeline 198
253253 setback areas, as defined in said section. The regulations may restrict 199
254254 quarrying and clear cutting, except that the following operations and 200
255255 uses shall be permitted in ridgeline setback areas, as of right: (1) 201
256256 Emergency work necessary to protect life and property; (2) any 202
257257 nonconforming uses that were in existence and that were approved on 203
258258 or before the effective date of regulations adopted under this section; 204
259259 and (3) selective timbering, grazing of domesticated animals and 205
260260 passive recreation.] 206 Substitute Bill No. 6749
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267267 [(d)] (f) Any advertising sign or billboard that is not equipped with 207
268268 the ability to calibrate brightness or illumination shall be exempt from 208
269269 any municipal ordinance or regulation regulating such brightness or 209
270270 illumination that is adopted by a city, town or borough, pursuant to 210
271271 subsection (a) of this section, after the date of installation of such 211
272272 advertising sign or billboard. [pursuant to subsection (a) of this 212
273273 section.] 213
274274 Sec. 2. Subsection (a) of section 8-30j of the general statutes is 214
275275 repealed and the following is substituted in lieu thereof (Effective July 215
276276 1, 2019): 216
277277 (a) [At] Not later than January 1, 2021, and at least once every five 217
278278 years thereafter, each municipality shall prepare or amend and adopt 218
279279 an affordable housing plan for the municipality. Such plan shall 219
280280 specify how the municipality intends to increase the number of 220
281281 affordable housing developments in the municipality. 221
282282 Sec. 3. (NEW) (Effective July 1, 2019) (a) (1) The Commissioner of 222
283283 Housing shall convene a working group to conduct a study of the 223
284284 requirements for municipal zoning to: 224
285285 (A) Provide for the development of housing opportunities, 225
286286 including opportunities for multifamily dwellings consistent with soil 226
287287 types, terrain and infrastructure capacity, for all residents of a 227
288288 municipality and the planning region in which such municipality is 228
289289 located, as designated by the Secretary of the Office of Policy and 229
290290 Management pursuant to section 16a-4a of the general statutes; 230
291291 (B) Promote housing choice and economic diversity in housing, 231
292292 including housing for both low and moderate income households; and 232
293293 (C) Provide for the development of housing that will meet the needs 233
294294 identified in the state's consolidated plan for housing and community 234
295295 development, prepared pursuant to section 8-37t of the general 235
296296 statutes, and in the housing and other components of the state plan of 236
297297 conservation and development, prepared pursuant to section 16a-26 of 237 Substitute Bill No. 6749
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304304 the general statutes. 238
305305 (2) Such study shall include an examination of (A) how the 239
306306 Commissioner of Housing should determine each municipality's 240
307307 compliance with such zoning requirements, (B) the form and manner 241
308308 in which evidence of such compliance should be provided to said 242
309309 commissioner, and (C) how such compliance should be incorporated 243
310310 into each municipality's affordable housing plan prepared pursuant to 244
311311 section 8-30j of the general statutes, as amended by this act. 245
312312 (3) The working group shall consist of the following members, who 246
313313 shall be appointed by the Commissioner of Housing not later than 247
314314 sixty days after the effective date of this section: 248
315315 (A) Two representatives with expertise in fair housing issues; 249
316316 (B) Two representatives with expertise in state or local planning; 250
317317 (C) Two representatives with expertise in addressing homelessness 251
318318 in the state; 252
319319 (D) One representative of a municipal advocacy organization; 253
320320 (E) One representative with expertise in the housing construction 254
321321 trade; and 255
322322 (F) The Secretary of the Office of Policy and Management, or said 256
323323 secretary's designee. 257
324324 (4) Not later than January 1, 2020, the Commissioner of Housing 258
325325 shall submit a report regarding the outcome and recommendations of 259
326326 the working group, including any recommended legislation, to the 260
327327 joint standing committee of the General Assembly having cognizance 261
328328 of matters relating to planning and development, in accordance with 262
329329 section 11-4a of the general statutes. 263
330330 (b) (1) Not later than January 1, 2021, and at least once every ten 264
331331 years thereafter, each municipality that adopts the provisions of 265 Substitute Bill No. 6749
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338338 chapter 124 of the general statutes pursuant to section 8-1 of the 266
339339 general statutes, as amended by this act, shall demonstrate, in a form 267
340340 and manner prescribed by the Commissioner of Housing, compliance 268
341341 with subdivisions (4) to (6), inclusive, of subsection (b) of section 8-2 of 269
342342 the general statutes, as amended by this act. Said commissioner, in 270
343343 consultation with the working group established pursuant to 271
344344 subsection (a) of this section, shall prescribe the form and manner in 272
345345 which each municipality shall provide evidence of such compliance, 273
346346 except that, not later than April 1, 2020, said commissioner shall 274
347347 provide guidance to municipalities regarding the demonstration of 275
348348 such compliance. 276
349349 (2) The Commissioner of Housing shall notify the Secretary of the 277
350350 Office of Policy and Management of the failure of any municipality to 278
351351 demonstrate compliance in accordance with subdivision (1) of this 279
352352 subsection. Any municipality that fails to demonstrate such 280
353353 compliance shall be ineligible for discretionary state funding until said 281
354354 commissioner notifies said secretary that such municipality has so 282
355355 complied, except that said secretary may expressly waive such 283
356356 ineligibility. 284
357357 Sec. 4. Subsection (j) of section 8-1bb of the general statutes is 285
358358 repealed and the following is substituted in lieu thereof (Effective July 286
359359 1, 2019): 287
360360 (j) A municipality, by vote of its legislative body or, in a 288
361361 municipality where the legislative body is a town meeting, by vote of 289
362362 the board of selectmen, may opt out of the provisions of this section 290
363363 and the [provision] provisions of subdivision (5) of subsection [(a)] (d) 291
364364 of section 8-2, as amended by this act, regarding authorization for the 292
365365 installation of temporary health care structures, provided the zoning 293
366366 commission or combined planning and zoning commission of the 294
367367 municipality: (1) First holds a public hearing in accordance with the 295
368368 provisions of section 8-7d on such proposed opt-out, (2) affirmatively 296
369369 decides to opt out of the provisions of said sections within the period 297
370370 of time permitted under section 8-7d, (3) states upon its records the 298 Substitute Bill No. 6749
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377377 reasons for such decision, and (4) publishes notice of such decision in a 299
378378 newspaper having a substantial circulation in the municipality not 300
379379 later than fifteen days after such decision has been rendered. 301
380380 This act shall take effect as follows and shall amend the following
381381 sections:
382382
383383 Section 1 July 1, 2019 8-2
384384 Sec. 2 July 1, 2019 8-30j(a)
385385 Sec. 3 July 1, 2019 New section
386386 Sec. 4 July 1, 2019 8-1bb(j)
387387
388+Statement of Legislative Commissioners:
389+In Section 1(f), the sentence was re-structured for clarity; in Sec. 3, "the
390+secretary" was changed to "said secretary" throughout, and "this
391+chapter" was changed to "chapter 124 of the general statutes" in
392+Subsec. (b)(1), for accuracy; and Sec. 4 was added to make a
393+conforming change.
388394
389395 PD Joint Favorable Subst.
390-HSG Joint Favorable
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