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General Assembly Substitute Bill No. 6107
January Session, 2021
AN ACT CONCERNING TH E REORGANIZATION OF THE ZONING
ENABLING ACT AND THE PROMOTION OF MUNICI PAL
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 Section 8-2 of the general statutes is repealed and the 1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, 2021): 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
(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 Substitute Bill No. 6107
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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) Such zoning regulations may provide that certain classes or kinds 23
of buildings, structures or [uses] use of land are permitted only after 24
obtaining a special permit or special exception from a zoning 25
commission, planning commission, combined planning and zoning 26
commission or zoning board of appeals, whichever commission or 27
board the regulations may, notwithstanding any special act to the 28
contrary, designate, subject to standards set forth in the regulations and 29
to conditions necessary to protect the public health, safety, convenience 30
and property values. [Such regulations shall be] 31
(b) Zoning regulations adopted pursuant to subsection (a) of this 32
section shall: 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
(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 Substitute Bill No. 6107
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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] the impact of 70
such regulations on agriculture, as defined in subsection (q) of section 71
1-1; [. Zoning regulations may be] 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, (A) 78 Substitute Bill No. 6107
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be made with reasonable consideration for the restoration and 79
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 such 82
municipality's zoning commission consider the environmental impact 83
on Long Island Sound of any proposal for development. 84
(c) Zoning regulations adopted pursuant to subsection (a) of this 85
section may: 86
(1) To the extent consistent with soil types, terrain and infrastructure 87
capacity for the community, provide for cluster development, as defined 88
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 Substitute Bill No. 6107
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with any such transfer; [. Such regulations may also provide] 110
(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 setback 119
areas, as of right: (i) Emergency work necessary to protect life and 120
property; (ii) any nonconforming uses that were in existence and that 121
were approved on or before the effective date of regulations adopted 122
pursuant to this section; and (iii) selective timbering, grazing of 123
domesticated animals and passive recreation. 124
(d) Zoning regulations adopted pursuant to subsection (a) of this 125
section shall not: 126
(1) Prohibit the operation of any family child care home or group 127
child care home in a residential zone; [. No such regulations shall 128
prohibit] 129
(2) (A) Prohibit the use of receptacles for the storage of items 130
designated for recycling in accordance with section 22a-241b or require 131
that such receptacles comply with provisions for bulk or lot area, or 132
similar provisions, except provisions for side yards, rear yards and front 133
yards; [. No such regulations shall] or (B) unreasonably restrict access to 134
or the size of such receptacles for businesses, given the nature of the 135
business and the volume of items designated for recycling in accordance 136
with section 22a-241b, that such business produces in its normal course 137
of business, provided nothing in this section shall be construed to 138
prohibit such regulations from requiring the screening or buffering of 139
such receptacles for aesthetic reasons; [. Such regulations shall not 140 Substitute Bill No. 6107
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impose] 141
(3) Impose conditions and requirements on manufactured homes, 142
including mobile manufactured homes, having as their narrowest 143
dimension twenty-two feet or more and built in accordance with federal 144
manufactured home construction and safety standards or on lots 145
containing such manufactured homes, [which] including mobile 146
manufactured home parks, if those conditions and requirements are 147
substantially different from conditions and requirements imposed on 148
(A) single-family dwellings; [and] (B) lots containing single-family 149
dwellings; [. Such regulations shall not impose conditions and 150
requirements on developments to be occupied by manufactured homes 151
having as their narrowest dimension twenty-two feet or more and built 152
in accordance with federal manufactured home construction and safety 153
standards which are substantially different from conditions and 154
requirements imposed on] or (C) multifamily dwellings, lots containing 155
multifamily dwellings, cluster developments or planned unit 156
developments; [. Such regulations shall not prohibit] 157
(4) (A) Prohibit the continuance of any nonconforming use, building 158
or structure existing at the time of the adoption of such regulations; [or] 159
(B) require a special permit or special exception for any such 160
continuance; [. Such regulations shall not] (C) provide for the 161
termination of any nonconforming use solely as a result of nonuse for a 162
specified period of time without regard to the intent of the property 163
owner to maintain that use; [. Such regulations shall not] or (D) 164
terminate or deem abandoned a nonconforming use, building or 165
structure unless the property owner of such use, building or structure 166
voluntarily discontinues such use, building or structure and such 167
discontinuance is accompanied by an intent to not reestablish such use, 168
building or structure. The demolition or deconstruction of a 169
nonconforming use, building or structure shall not by itself be evidence 170
of such property owner's intent to not reestablish such use, building or 171
structure; [. Unless such town opts out, in accordance with the 172
provisions of subsection (j) of section 8-1bb, such regulations shall not 173 Substitute Bill No. 6107
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prohibit] or 174
(5) Prohibit the installation of temporary health care structures for 175
use by mentally or physically impaired persons [in accordance with the 176
provisions of section 8-1bb if such structures comply with the provisions 177
of said section] pursuant to section 8-1bb, as amended by this act, unless 178
the municipality opts out pursuant to subsection (j) of said section. 179
(e) Any city, town or borough which adopts the provisions of this 180
chapter may, by vote of its legislative body, exempt municipal property 181
from the regulations prescribed by the zoning commission of such city, 182
town or borough, [;] but unless it is so voted, municipal property shall 183
be subject to such regulations. 184
[(b) In any municipality that is contiguous to Long Island Sound the 185
regulations adopted under this section shall be made with reasonable 186
consideration for restoration and protection of the ecosystem and 187
habitat of Long Island Sound and shall be designed to reduce hypoxia, 188
pathogens, toxic contaminants and floatable debris in Long Island 189
Sound. Such regulations shall provide that the commission consider the 190
environmental impact on Long Island Sound of any proposal for 191
development. 192
(c) In any municipality where a traprock ridge, as defined in section 193
8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the 194
regulations may provide for development restrictions in ridgeline 195
setback areas, as defined in said section. The regulations may restrict 196
quarrying and clear cutting, except that the following operations and 197
uses shall be permitted in ridgeline setback areas, as of right: (1) 198
Emergency work necessary to protect life and property; (2) any 199
nonconforming uses that were in existence and that were approved on 200
or before the effective date of regulations adopted under this section; 201
and (3) selective timbering, grazing of domesticated animals and 202
passive recreation.] 203
[(d)] (f) Any advertising sign or billboard that is not equipped with 204 Substitute Bill No. 6107
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the ability to calibrate brightness or illumination shall be exempt from 205
any municipal ordinance or regulation regulating such brightness or 206
illumination that is adopted by a city, town or borough, pursuant to 207
subsection (a) of this section, after the date of installation of such 208
advertising sign or billboard. [pursuant to subsection (a) of this section.] 209
Sec. 2. Section 8-30j of the general statutes is repealed and the 210
following is substituted in lieu thereof (Effective July 1, 2021): 211
(a) [At] (1) Not later than June 1, 2022, and at least once every five 212
years thereafter, each municipality shall prepare or amend and adopt an 213
affordable housing plan for the municipality and shall submit a copy of 214
such plan to the Secretary of the Office of Policy and Management, who 215
shall post such plan on the Internet web site of said office. Such plan 216
shall specify how the municipality intends to increase the number of 217
affordable housing developments in the municipality. 218
(2) If, at the same time the municipality is required to submit to the 219
Secretary of the Office of Policy and Management an affordable housing 220
plan pursuant to subdivision (1) of this section, the municipality is also 221
required to submit to the secretary a plan of conservation and 222
development pursuant to section 8-23, such affordable housing plan 223
may be included as part of such plan of conservation and development. 224
The municipality may, to coincide with its submission to the secretary 225
of a plan of conservation and development, submit to the secretary an 226
affordable housing plan early, provided the municipality's next such 227
submission of an affordable housing plan shall be five years thereafter. 228
(b) The municipality may hold public informational meetings or 229
organize other activities to inform residents about the process of 230
preparing the plan and shall post a copy of any draft plan or amendment 231
to such plan on the Internet web site of the municipality. If the 232
municipality holds a public hearing, such posting shall occur at least 233
thirty-five days prior to the public hearing. [on the adoption, the 234
municipality shall file in the office of the town clerk of such municipality 235
a copy of such draft plan or any amendments to the plan, and if 236 Substitute Bill No. 6107
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applicable, post such draft plan on the Internet web site of the 237
municipality.] After adoption of the plan, the municipality shall file the 238
final plan in the office of the town clerk of such municipality and [, if 239
applicable,] post the plan on the Internet web site of the municipality. 240
(c) Following adoption, the municipality shall regularly review and 241
maintain such plan. The municipality may adopt such geographical, 242
functional or other amendments to the plan or parts of the plan, in 243
accordance with the provisions of this section, as it deems necessary. If 244
the municipality fails to amend and submit to the Secretary of the Office 245
of Policy and Management such plan every five years, the chief elected 246
official of the municipality shall submit a letter to the [Commissioner of 247
Housing] secretary that (1) explains why such plan was not amended, 248
and (2) designates a date by which an amended plan shall be submitted. 249
Sec. 3. (NEW) (Effective July 1, 2021) (a) (1) The Secretary of the Office 250
of Policy and Management, or the secretary's designee, shall convene 251
and chair a working group to develop and recommend to the secretary 252
guidelines and incentives for compliance with (A) the requirements for 253
affordable housing plans prepared pursuant to section 8-30j of the 254
general statutes, as amended by this act, and (B) subdivisions (4) to (6), 255
inclusive, of subsection (b) of section 8-2 of the general statutes, as 256
amended by this act. The working group shall also make 257
recommendations to the secretary as to how such compliance should be 258
determined, as well as the form and manner in which evidence of such 259
compliance should be demonstrated. 260
(2) The working group shall consist of the following members, who 261
shall be appointed by the Secretary of the Office of Policy and 262
Management, in consultation with the Commissioner of Housing, not 263
later than sixty days after July 1, 2021: 264
(A) The Secretary of the Office of Policy and Management, or the 265
secretary's designee; 266
(B) The Commissioner of Housing, or the commissioner's designee; 267 Substitute Bill No. 6107
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(C) Two representatives with expertise in fair housing issues; 268
(D) Two representatives with expertise in state or local planning; 269
(E) Two representatives of municipal advocacy organizations, one of 270
whom is from the Connecticut Conference of Municipalities and one of 271
whom is from the Connecticut Council of Small Towns; 272
(F) One representative of an organization that promotes 273
comprehensive zoning enforcement policies, who is from the 274
Connecticut Association of Zoning Enforcement Officials; 275
(G) One representative with expertise in addressing homelessness in 276
the state; 277
(H) One representative with expertise in state affordable housing 278
policy; 279
(I) One representative with expertise in the residential housing 280
construction trade; and 281
(J) One attorney with expertise in zoning practices that promote the 282
creation of affordable housing opportunities. 283
(3) Not later than December 1, 2021, the working group convened 284
pursuant to this subsection shall provide its recommendations to the 285
Secretary of the Office of Policy and Management. Not later than March 286
1, 2022, the secretary shall submit a report regarding such 287
recommendations, including any recommended legislation, to the joint 288
standing committees of the General Assembly having cognizance of 289
matters relating to planning and development and housing, in 290
accordance with section 11-4a of the general statutes. 291
(b) (1) Not later than June 1, 2022, the Secretary of the Office of Policy 292
and Management, in consultation with the working group convened 293
pursuant to subsection (a) of this section, shall provide guidance to 294
municipalities regarding the demonstration of compliance with section 295 Substitute Bill No. 6107
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8-30j of the general statutes, as amended by this act, and subdivisions 296
(4) to (6), inclusive, of subsection (b) of section 8-2 of the general statutes, 297
as amended by this act. 298
(2) Not later than June 1, 2023, and at least once every five years 299
thereafter, each municipality that has a zoning commission or a 300
combined planning and zoning commission shall demonstrate, in a 301
form and manner prescribed by the Secretary of the Office of Policy and 302
Management, compliance with subdivisions (4) to (6), inclusive, of 303
subsection (b) of section 8-2 of the general statutes, as amended by this 304
act. The secretary shall post on the Internet web site of said office all 305
evidence submitted by a municipality to demonstrate compliance in 306
accordance with this subdivision. 307
(3) Not later than June 1, 2023, and at least once every five years 308
thereafter, each municipality shall demonstrate, in a form and manner 309
prescribed by the Secretary of the Office of Policy and Management, 310
compliance with section 8-30j of the general statutes, as amended by this 311
act, except that, if the provision of guidance by the secretary as to said 312
section under subdivision (1) of this subsection is delayed beyond June 313
1, 2022, the time for satisfying the requirement to demonstrate such 314
compliance shall be extended by the length of time of any such delay. 315
The secretary shall post on the Internet web site of said office all 316
evidence submitted by a municipality to demonstrate compliance in 317
accordance with this subdivision. 318
Sec. 4. Subsection (j) of section 8-1bb of the general statutes is repealed 319
and the following is substituted in lieu thereof (Effective July 1, 2021): 320
(j) A municipality, by vote of its legislative body or, in a municipality 321
where the legislative body is a town meeting, by vote of the board of 322
selectmen, may opt out of the provisions of this section and the 323
[provision] provisions of subdivision (5) of subsection [(a)] (d) of section 324
8-2, as amended by this act, regarding authorization for the installation 325
of temporary health care structures, provided the zoning commission or 326
combined planning and zoning commission of the municipality: (1) First 327 Substitute Bill No. 6107
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holds a public hearing in accordance with the provisions of section 8-7d 328
on such proposed opt-out, (2) affirmatively decides to opt out of the 329
provisions of said sections within the period of time permitted under 330
section 8-7d, (3) states upon its records the reasons for such decision, 331
and (4) publishes notice of such decision in a newspaper having a 332
substantial circulation in the municipality not later than fifteen days 333
after such decision has been rendered. 334
This act shall take effect as follows and shall amend the following
sections:
Section 1 July 1, 2021 8-2
Sec. 2 July 1, 2021 8-30j
Sec. 3 July 1, 2021 New section
Sec. 4 July 1, 2021 8-1bb(j)
Statement of Legislative Commissioners:
"In Section 1(a)(3), "uses" was changed to "[uses] use" for consistency; in
Section 1(b)(7), "their impact" was changed to "[their] the impact of such
regulations" for clarity; and in Section 1(d)(4), after the semi-colon in the
last sentence, "or" was inserted for consistency.
PD Joint Favorable Subst.