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General Assembly Raised Bill No. 5132
February Session, 2020
LCO No. 1215
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING TH E REORGANIZATION OF THE ZONING
ENABLING ACT AND THE PROMOTION OF MUNICIPAL
COMPLIANCE.
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 Section 8-2 of the general statutes is repealed and the 1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, 2020): 2
(a) (1) The zoning commission of each city, town or borough is 3
authorized to regulate, within the limits of such municipality: [, the] (A) 4
The height, number of stories and size of buildings and other structures; 5
(B) the percentage of the area of the lot that may be occupied; (C) the 6
size of yards, courts and other open spaces; (D) the density of 7
population and the location and use of buildings, structures and land 8
for trade, industry, residence or other purposes, including water-9
dependent uses, as defined in section 22a-93; [,] and (E) the height, size, 10
location, brightness and illumination of advertising signs and 11
billboards, [. Such bulk regulations may allow for cluster development, 12
as defined in section 8-18] except as provided in subsection (f) of this 13
section. 14 Raised Bill No. 5132
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(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
buildings or structures and the use of land. All [such] zoning regulations 19
shall be uniform for each class or kind of buildings, structures or use of 20
land throughout each district, but the regulations in one district may 21
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 health 39
and the general welfare; [to] (D) provide adequate light and air; [to] (E) 40
prevent the overcrowding of land; [to] (F) avoid undue concentration of 41
population; [and to] (G) facilitate the adequate provision for 42
transportation, water, sewerage, schools, parks and other public 43
requirements; [. Such regulations shall be] and (H) affirmatively further 44
the purposes of the federal Fair Housing Act, 42 USC 3601 et seq., as 45
amended from time to time; 46 Raised Bill No. 5132
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(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
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 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; [, and 62
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 and 65
community development prepared pursuant to section 8-37t and in the 66
housing component and the other components of the state plan of 67
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 Raised Bill No. 5132
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(10) In any municipality that is contiguous to Long Island Sound, (A) 77
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 such 81
municipality's zoning commission consider the environmental impact 82
on Long Island Sound 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 infrastructure 86
capacity for the community, provide for cluster development, as defined 87
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
rights and the permanent transfer of such development rights, which 107 Raised Bill No. 5132
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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 setback 118
areas, as of right: (i) Emergency work necessary to protect life and 119
property; (ii) any nonconforming uses that were in existence and that 120
were approved on or before the effective date of regulations adopted 121
pursuant to this section; and (iii) selective timbering, grazing of 122
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 front 134
yards; [. No such regulations shall] or (B) unreasonably restrict access to 135
or the size of such receptacles for businesses, given the nature of the 136
business and the volume of items designated for recycling in accordance 137
with section 22a-241b, that such business produces in its normal course 138 Raised Bill No. 5132
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of business, provided nothing in this section shall be construed to 139
prohibit such regulations from requiring the screening or buffering of 140
such receptacles for aesthetic reasons; [. Such regulations shall not 141
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 federal 145
manufactured home construction and safety standards or on lots 146
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 built 153
in accordance with federal manufactured home construction and safety 154
standards which are substantially different from conditions and 155
requirements imposed on] or (C) multifamily dwellings, lots containing 156
multifamily dwellings, cluster developments or planned unit 157
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; [or] 160
(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
building or structure. The demolition or deconstruction of a 170
nonconforming use, building or structure shall not by itself be evidence 171
of such property owner's intent to not reestablish such use, building or 172 Raised Bill No. 5132
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structure; [. Unless such town opts out, in accordance with the 173
provisions of subsection (j) of section 8-1bb, such regulations shall not 174
prohibit] and 175
(5) Prohibit the installation of temporary health care structures for 176
use by mentally or physically impaired persons [in accordance with the 177
provisions of section 8-1bb if such structures comply with the provisions 178
of said section] pursuant to section 8-1bb, as amended by this act, unless 179
the 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 property 182
from the regulations prescribed by the zoning commission of such city, 183
town or borough, [;] but unless it is so voted, municipal property shall 184
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 the 191
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 the 195
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
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 Raised Bill No. 5132
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[(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, pursuant to 208
subsection (a) of this section, after the date of installation of such 209
advertising sign or billboard. [pursuant to subsection (a) of this section.] 210
Sec. 2. Section 8-30j of the general statutes is repealed and the 211
following is substituted in lieu thereof (Effective July 1, 2020): 212
(a) [At] (1) Not later than June 1, 2022, and at least once every five 213
years thereafter, each municipality shall prepare or amend and adopt an 214
affordable housing plan for the municipality and shall submit a copy of 215
such plan to the Secretary of the Office of Policy and Management, who 216
shall post such plan on the Internet web site of said office. Such plan 217
shall specify how the municipality intends to increase the number of 218
affordable housing developments in the municipality. 219
(2) If, at the same time the municipality is required to submit to the 220
Secretary of the Office of Policy and Management an affordable housing 221
plan pursuant to subdivision (1) of this section, the municipality is also 222
required to submit to the secretary a plan of conservation and 223
development pursuant to section 8-23, such plan of conservation and 224
development may be included as part of such affordable housing plan. 225
The municipality may, to coincide with its submission to the secretary 226
of a plan of conservation and development, submit to the secretary an 227
affordable housing plan early, provided the municipality's next such 228
submission of an affordable housing plan shall be five years thereafter. 229
(b) The municipality may hold public informational meetings or 230
organize other activities to inform residents about the process of 231
preparing the plan and shall post a copy of any draft plan or amendment 232
to such plan on the Internet web site of the municipality. If the 233
municipality holds a public hearing, such posting shall occur at least 234
thirty-five days prior to the public hearing. [on the adoption, the 235
municipality shall file in the office of the town clerk of such municipality 236 Raised Bill No. 5132
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a copy of such draft plan or any amendments to the plan, and if 237
applicable, post such draft plan on the Internet web site of the 238
municipality.] After adoption of the plan, the municipality shall file the 239
final plan in the office of the town clerk of such municipality and [, if 240
applicable,] post the plan on the Internet web site of the municipality. 241
(c) Following adoption, the municipality shall regularly review and 242
maintain such plan. The municipality may adopt such geographical, 243
functional or other amendments to the plan or parts of the plan, in 244
accordance with the provisions of this section, as it deems necessary. If 245
the municipality fails to amend and submit to the Secretary of the Office 246
of Policy and Management such plan every five years, the chief elected 247
official of the municipality shall submit a letter to [the Commissioner of 248
Housing] the secretary that (1) explains why such plan was not 249
amended, and (2) designates a date by which an amended plan shall be 250
submitted. 251
Sec. 3. (NEW) (Effective July 1, 2020) (a) (1) The Secretary of the Office 252
of Policy and Management, or the secretary's designee, shall convene 253
and chair a working group to develop and recommend to the secretary 254
guidelines and incentives for compliance with (A) the requirements for 255
affordable housing plans prepared pursuant to section 8-30j of the 256
general statutes, as amended by this act, and (B) subdivisions (4) to (6), 257
inclusive, of subsection (b) of section 8-2 of the general statutes, as 258
amended by this act. The working group shall also make 259
recommendations to the secretary as to how such compliance should be 260
determined, as well as the form and manner in which evidence of such 261
compliance should be demonstrated. 262
(2) The working group shall consist of the following members, who 263
shall be appointed by the Secretary of the Office of Policy and 264
Management, in consultation with the Commissioner of Housing, not 265
later than sixty days after the effective date of this section: 266
(A) The Secretary of the Office of Policy and Management, or the 267
secretary's designee; 268 Raised Bill No. 5132
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(B) The Commissioner of Housing, or the commissioner's designee; 269
(C) Two representatives with expertise in fair housing issues; 270
(D) Two representatives with expertise in state or local planning; 271
(E) Two representatives of municipal advocacy organizations, one of 272
whom is from the Connecticut Conference of Municipalities and one of 273
whom is from the Connecticut Council of Small Towns; 274
(F) One representative with expertise in addressing homelessness in 275
the state; 276
(G) One representative with expertise in state affordable housing 277
policy; 278
(H) One representative with expertise in the residential housing 279
construction trade; and 280
(I) One attorney with expertise in zoning practices that promote the 281
creation of affordable housing opportunities. 282
(3) Not later than December 1, 2020, the working group convened 283
pursuant to this subsection shall provide its recommendations to the 284
Secretary of the Office of Policy and Management. Not later than March 285
1, 2021, the secretary shall submit a report regarding such 286
recommendations, including any recommended legislation, to the joint 287
standing committees of the General Assembly having cognizance of 288
matters relating to planning and development and to housing, in 289
accordance with section 11-4a of the general statutes. 290
(b) (1) Not later than June 1, 2021, the Secretary of the Office of Policy 291
and Management, in consultation with the working group convened 292
pursuant to subsection (a) of this section, shall provide guidance to 293
municipalities regarding the demonstration of compliance with section 294
8-30j of the general statutes, as amended by this act, and subdivisions 295
(4) to (6), inclusive, of subsection (b) of section 8-2 of the general statutes, 296
as amended by this act. 297 Raised Bill No. 5132
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(2) Not later than June 1, 2022, and at least once every five years 298
thereafter, each municipality that has a zoning commission or a 299
combined planning and zoning commission shall demonstrate, in a 300
form and manner prescribed by the Secretary of the Office of Policy and 301
Management, compliance with subdivisions (4) to (6), inclusive, of 302
subsection (b) of section 8-2 of the general statutes, as amended by this 303
act. The secretary shall post on the Internet web site of said office all 304
evidence submitted by a municipality to demonstrate compliance in 305
accordance with this subdivision. 306
(3) Not later than June 1, 2027, and at least once every five years 307
thereafter, each municipality shall demonstrate, in a form and manner 308
prescribed by the Secretary of the Office of Policy and Management, 309
compliance with section 8-30j of the general statutes, as amended by this 310
act, except that, if the provision of guidance by the secretary as to said 311
section under subdivision (1) of this subsection is delayed beyond June 312
1, 2021, the time for satisfying the requirement to demonstrate such 313
compliance shall be extended by the length of time of any such delay. 314
The secretary shall post on the Internet web site of said office all 315
evidence submitted by a municipality to demonstrate compliance in 316
accordance with this subdivision. 317
Sec. 4. Subsection (j) of section 8-1bb of the general statutes is repealed 318
and the following is substituted in lieu thereof (Effective July 1, 2020): 319
(j) A municipality, by vote of its legislative body or, in a municipality 320
where the legislative body is a town meeting, by vote of the board of 321
selectmen, may opt out of the provisions of this section and the 322
[provision] provisions of subdivision (5) of subsection [(a)] (d) of section 323
8-2, as amended by this act, regarding authorization for the installation 324
of temporary health care structures, provided the zoning commission or 325
combined planning and zoning commission of the municipality: (1) First 326
holds a public hearing in accordance with the provisions of section 8-7d 327
on such proposed opt-out, (2) affirmatively decides to opt out of the 328
provisions of said sections within the period of time permitted under 329
section 8-7d, (3) states upon its records the reasons for such decision, 330 Raised Bill No. 5132
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and (4) publishes notice of such decision in a newspaper having a 331
substantial circulation in the municipality not later than fifteen days 332
after such decision has been rendered. 333
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2020 8-2
Sec. 2 July 1, 2020 8-30j
Sec. 3 July 1, 2020 New section
Sec. 4 July 1, 2020 8-1bb(j)
Statement of Purpose:
To (1) restructure the Zoning Enabling Act for clarity, (2) promote the
purposes of the federal Fair Housing Act, (3) provide an administrative
mechanism to promote compliance with municipal affordable housing
plans, and (4) require the Secretary of the Office of Policy and
Management to convene a working group to study municipal affordable
housing plans and zoning regulations.
[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.]