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 Section 8-2 of the general statutes is repealed and the 1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