Connecticut 2020 Regular Session

Connecticut House Bill HB05135 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
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3	3	LCO No. 1094 1 of 6
4	4
5	5	General Assembly Raised Bill No. 5135
6	6	February Session, 2020
7	7	LCO No. 1094
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9	9
10	10	Referred to Committee on PLANNING AND DEVELOPMENT
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12	12
13	13	Introduced by:
14	14	(PD)
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19	19	AN ACT CONCERNING TH E REGULATION OF SIGNS BY ZONING
20	20	COMMISSIONS.
21	21	Be it enacted by the Senate and House of Representatives in General
22	22	Assembly convened:
23	23
24	24	Section 1. Section 8-2 of the general statutes is repealed and the 1
25	25	following is substituted in lieu thereof (Effective October 1, 2020): 2
26	26	(a) The zoning commission of each city, town or borough is 3
27	27	authorized to regulate, within the limits of such municipality, the 4
28	28	height, number of stories and size of buildings and other structures; the 5
29	29	percentage of the area of the lot that may be occupied; the size of yards, 6
30	30	courts and other open spaces; the density of population and the location 7
31	31	and use of buildings, structures and land for trade, industry, residence 8
32	32	or other purposes, including water-dependent uses, as defined in 9
33	33	section 22a-93, and the height, size, location, brightness and 10
34	34	illumination of [advertising] signs and billboards. Such bulk regulations 11
35	35	may allow for cluster development, as defined in section 8-18. Such 12
36	36	zoning commission may divide the municipality into districts of such 13
37	37	number, shape and area as may be best suited to carry out the purposes 14
38	38	of this chapter; and, within such districts, it may regulate the erection, 15
39	39	Raised Bill No. 5135
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43	43	LCO No. 1094 2 of 6
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45	45	construction, reconstruction, alteration or use of buildings or structures 16
46	46	and the use of land. All such regulations shall be uniform for each class 17
47	47	or kind of buildings, structures or use of land throughout each district, 18
48	48	but the regulations in one district may differ from those in another 19
49	49	district, and may provide that certain classes or kinds of buildings, 20
50	50	structures or uses of land are permitted only after obtaining a special 21
51	51	permit or special exception from a zoning commission, planning 22
52	52	commission, combined planning and zoning commission or zoning 23
53	53	board of appeals, whichever commission or board the regulations may, 24
54	54	notwithstanding any special act to the contrary, designate, subject to 25
55	55	standards set forth in the regulations and to conditions necessary to 26
56	56	protect the public health, safety, convenience and property values. Such 27
57	57	regulations shall be made in accordance with a comprehensive plan and 28
58	58	in adopting such regulations the commission shall consider the plan of 29
59	59	conservation and development prepared under section 8-23. Such 30
60	60	regulations shall be designed to lessen congestion in the streets; to 31
61	61	secure safety from fire, panic, flood and other dangers; to promote 32
62	62	health and the general welfare; to provide adequate light and air; to 33
63	63	prevent the overcrowding of land; to avoid undue concentration of 34
64	64	population and to facilitate the adequate provision for transportation, 35
65	65	water, sewerage, schools, parks and other public requirements. Such 36
66	66	regulations shall be made with reasonable consideration as to the 37
67	67	character of the district and its peculiar suitability for particular uses 38
68	68	and with a view to conserving the value of buildings and encouraging 39
69	69	the most appropriate use of land throughout such municipality. Such 40
70	70	regulations may, to the extent consistent with soil types, terrain, 41
71	71	infrastructure capacity and the plan of conservation and development 42
72	72	for the community, provide for cluster development, as defined in 43
73	73	section 8-18, in residential zones. Such regulations shall also encourage 44
74	74	the development of housing opportunities, including opportunities for 45
75	75	multifamily dwellings, consistent with soil types, terrain and 46
76	76	infrastructure capacity, for all residents of the municipality and the 47
77	77	planning region in which the municipality is located, as designated by 48
78	78	the Secretary of the Office of Policy and Management under section 16a-49
79	79	Raised Bill No. 5135
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83	83	LCO No. 1094 3 of 6
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85	85	4a. Such regulations shall also promote housing choice and economic 50
86	86	diversity in housing, including housing for both low and moderate 51
87	87	income households, and shall encourage the development of housing 52
88	88	which will meet the housing needs identified in the state's consolidated 53
89	89	plan for housing and community development prepared pursuant to 54
90	90	section 8-37t and in the housing component and the other components 55
91	91	of the state plan of conservation and development prepared pursuant to 56
92	92	section 16a-26. Zoning regulations shall be made with reasonable 57
93	93	consideration for their impact on agriculture, as defined in subsection 58
94	94	(q) of section 1-1. Zoning regulations may be made with reasonable 59
95	95	consideration for the protection of historic factors and shall be made 60
96	96	with reasonable consideration for the protection of existing and 61
97	97	potential public surface and ground drinking water supplies. On and 62
98	98	after July 1, 1985, the regulations shall provide that proper provision be 63
99	99	made for soil erosion and sediment control pursuant to section 22a-329. 64
100	100	Such regulations may also encourage energy-efficient patterns of 65
101	101	development, the use of solar and other renewable forms of energy, and 66
102	102	energy conservation. The regulations may also provide for incentives 67
103	103	for developers who use passive solar energy techniques, as defined in 68
104	104	subsection (b) of section 8-25, in planning a residential subdivision 69
105	105	development. The incentives may include, but not be limited to, cluster 70
106	106	development, higher density development and performance standards 71
107	107	for roads, sidewalks and underground facilities in the subdivision. Such 72
108	108	regulations may provide for a municipal system for the creation of 73
109	109	development rights and the permanent transfer of such development 74
110	110	rights, which may include a system for the variance of density limits in 75
111	111	connection with any such transfer. Such regulations may also provide 76
112	112	for notice requirements in addition to those required by this chapter. 77
113	113	Such regulations may provide for conditions on operations to collect 78
114	114	spring water or well water, as defined in section 21a-150, including the 79
115	115	time, place and manner of such operations. No such regulations shall 80
116	116	prohibit the operation of any family child care home or group child care 81
117	117	home in a residential zone. No such regulations shall prohibit the use of 82
118	118	receptacles for the storage of items designated for recycling in 83
119	119	Raised Bill No. 5135
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121	121
122	122
123	123	LCO No. 1094 4 of 6
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125	125	accordance with section 22a-241b or require that such receptacles 84
126	126	comply with provisions for bulk or lot area, or similar provisions, except 85
127	127	provisions for side yards, rear yards and front yards. No such 86
128	128	regulations shall unreasonably restrict access to or the size of such 87
129	129	receptacles for businesses, given the nature of the business and the 88
130	130	volume of items designated for recycling in accordance with section 22a-89
131	131	241b, that such business produces in its normal course of business, 90
132	132	provided nothing in this section shall be construed to prohibit such 91
133	133	regulations from requiring the screening or buffering of such receptacles 92
134	134	for aesthetic reasons. Such regulations shall not impose conditions and 93
135	135	requirements on manufactured homes having as their narrowest 94
136	136	dimension twenty-two feet or more and built in accordance with federal 95
137	137	manufactured home construction and safety standards or on lots 96
138	138	containing such manufactured homes which are substantially different 97
139	139	from conditions and requirements imposed on single-family dwellings 98
140	140	and lots containing single-family dwellings. Such regulations shall not 99
141	141	impose conditions and requirements on developments to be occupied 100
142	142	by manufactured homes having as their narrowest dimension twenty-101
143	143	two feet or more and built in accordance with federal manufactured 102
144	144	home construction and safety standards which are substantially 103
145	145	different from conditions and requirements imposed on multifamily 104
146	146	dwellings, lots containing multifamily dwellings, cluster developments 105
147	147	or planned unit developments. Such regulations shall not prohibit the 106
148	148	continuance of any nonconforming use, building or structure existing at 107
149	149	the time of the adoption of such regulations or require a special permit 108
150	150	or special exception for any such continuance. Such regulations shall not 109
151	151	provide for the termination of any nonconforming use solely as a result 110
152	152	of nonuse for a specified period of time without regard to the intent of 111
153	153	the property owner to maintain that use. Such regulations shall not 112
154	154	terminate or deem abandoned a nonconforming use, building or 113
155	155	structure unless the property owner of such use, building or structure 114
156	156	voluntarily discontinues such use, building or structure and such 115
157	157	discontinuance is accompanied by an intent to not reestablish such use, 116
158	158	building or structure. The demolition or deconstruction of a 117
159	159	Raised Bill No. 5135
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163	163	LCO No. 1094 5 of 6
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165	165	nonconforming use, building or structure shall not by itself be evidence 118
166	166	of such property owner's intent to not reestablish such use, building or 119
167	167	structure. Unless such town opts out, in accordance with the provisions 120
168	168	of subsection (j) of section 8-1bb, such regulations shall not prohibit the 121
169	169	installation of temporary health care structures for use by mentally or 122
170	170	physically impaired persons in accordance with the provisions of 123
171	171	section 8-1bb if such structures comply with the provisions of said 124
172	172	section. Any city, town or borough which adopts the provisions of this 125
173	173	chapter may, by vote of its legislative body, exempt municipal property 126
174	174	from the regulations prescribed by the zoning commission of such city, 127
175	175	town or borough; but unless it is so voted municipal property shall be 128
176	176	subject to such regulations. 129
177	177	(b) In any municipality that is contiguous to Long Island Sound the 130
178	178	regulations adopted under this section shall be made with reasonable 131
179	179	consideration for restoration and protection of the ecosystem and 132
180	180	habitat of Long Island Sound and shall be designed to reduce hypoxia, 133
181	181	pathogens, toxic contaminants and floatable debris in Long Island 134
182	182	Sound. Such regulations shall provide that the commission consider the 135
183	183	environmental impact on Long Island Sound of any proposal for 136
184	184	development. 137
185	185	(c) In any municipality where a traprock ridge, as defined in section 138
186	186	8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the 139
187	187	regulations may provide for development restrictions in ridgeline 140
188	188	setback areas, as defined in said section. The regulations may restrict 141
189	189	quarrying and clear cutting, except that the following operations and 142
190	190	uses shall be permitted in ridgeline setback areas, as of right: (1) 143
191	191	Emergency work necessary to protect life and property; (2) any 144
192	192	nonconforming uses that were in existence and that were approved on 145
193	193	or before the effective date of regulations adopted under this section; 146
194	194	and (3) selective timbering, grazing of domesticated animals and 147
195	195	passive recreation. 148
196	196	(d) Any [advertising] sign or billboard that is not equipped with the 149
197	197	Raised Bill No. 5135
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201	201	LCO No. 1094 6 of 6
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203	203	ability to calibrate brightness or illumination shall be exempt from any 150
204	204	municipal ordinance or regulation regulating such brightness or 151
205	205	illumination that is adopted by a city, town or borough after the date of 152
206	206	installation of such [advertising] sign or billboard pursuant to 153
207	207	subsection (a) of this section. 154
208	208	This act shall take effect as follows and shall amend the following
209	209	sections:
210	210
211	211	Section 1 October 1, 2020 8-2
212	212
213	213	Statement of Purpose:
214	214	To authorize municipal zoning commissions to regulate the height, size,
215	215	location, brightness and illumination of all signs.
216	216
217	217	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
218	218	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
219	219	underlined.]
220	220