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General Assembly Raised Bill No. 6612
January Session, 2021
LCO No. 4338
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING PR OTECTIONS FOR FAMILY CHILD CARE
HOMES AND THE ZONING ENABLING ACT.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-3j of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
(a) No zoning regulation shall treat any family child care home 3
[registered] licensed pursuant to section [17b-733] 19a-87b in a manner 4
different from single or multifamily dwellings. 5
(b) Not later than December 1, 2021, and annually thereafter, each 6
municipality shall submit to the Office of Policy and Management a 7
sworn statement from the chief planning official of the municipality 8
stating (1) that the municipality's zoning ordinance is in compliance 9
with (A) subsection (a) of this section, and (B) the provision relating to 10
family child care homes in subsection (d) of section 8-2, as amended by 11
this act, or (2) the time frame within which the municipality will bring 12
its zoning ordinance into compliance with subsection (a) of this section 13
and subsection (d) of section 8-2, as amended by this act. 14 Raised Bill No. 6612
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Sec. 2. Section 8-2 of the general statutes is repealed and the following 15
is substituted in lieu thereof (Effective October 1, 2021): 16
(a) (1) The zoning commission of each city, town or borough is 17
authorized to regulate, within the limits of such municipality: [, the] (A) 18
The height, number of stories and size of buildings and other structures; 19
(B) the percentage of the area of the lot that may be occupied; (C) the 20
size of yards, courts and other open spaces; (D) the density of 21
population and the location and use of buildings, structures and land 22
for trade, industry, residence or other purposes, including water-23
dependent uses, as defined in section 22a-93; [,] and (E) the height, size, 24
location, brightness and illumination of advertising signs and 25
billboards. Such bulk regulations may allow for cluster development, as 26
defined in section 8-18. 27
(2) Such zoning commission may divide the municipality into 28
districts of such number, shape and area as may be best suited to carry 29
out the purposes of this chapter; and, within such districts, it may 30
regulate the erection, construction, reconstruction, alteration or use of 31
buildings or structures and the use of land. All [such] zoning regulations 32
shall be uniform for each class or kind of buildings, structures or use of 33
land throughout each district, but the regulations in one district may 34
differ from those in another district. [, and may] 35
(3) Such zoning regulations may, except as otherwise specified in this 36
section, provide that certain classes or kinds of buildings, structures or 37
uses of land are permitted only after obtaining a special permit or 38
special exception from a zoning commission, planning commission, 39
combined planning and zoning commission or zoning board of appeals, 40
whichever commission or board the regulations may, notwithstanding 41
any special act to the contrary, designate, subject to standards set forth 42
in the regulations and to conditions necessary to protect the public 43
health, safety, convenience and property values. [Such regulations shall 44
be] 45
(b) Zoning regulations adopted pursuant to subsection (a) of this 46 Raised Bill No. 6612
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section shall: 47
(1) Be made in accordance with a comprehensive plan and in 48
[adopting such regulations the commission shall consider ] 49
consideration of the plan of conservation and development [prepared] 50
adopted under section 8-23; [. Such regulations shall be] 51
(2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 52
safety from fire, panic, flood and other dangers; [to] (C) promote health 53
and the general welfare; [to] (D) provide adequate light and air; [to] (E) 54
prevent the overcrowding of land; [to] (F) avoid undue concentration of 55
population; and [to] (G) facilitate the adequate provision for 56
transportation, water, sewerage, schools, parks and other public 57
requirements; [. Such regulations shall be] 58
(3) Be made with reasonable consideration as to the character of the 59
district and its peculiar suitability for particular uses and with a view to 60
conserving the value of buildings and encouraging the most appropriate 61
use of land throughout [such] a municipality; [. Such regulations may, 62
to the extent consistent with soil types, terrain, infrastructure capacity 63
and the plan of conservation and development for the community, 64
provide for cluster development, as defined in section 8-18, in 65
residential zones. Such regulations shall also encourage] 66
(4) Provide for the development of housing opportunities, including 67
opportunities for multifamily dwellings, consistent with soil types, 68
terrain and infrastructure capacity, for all residents of the municipality 69
and the planning region in which the municipality is located, as 70
designated by the Secretary of the Office of Policy and Management 71
under section 16a-4a; [. Such regulations shall also promote] 72
(5) Promote housing choice and economic diversity in housing, 73
including housing for both low and moderate income households; [, and 74
shall encourage] 75
(6) Provide for the development of housing which will meet the 76
housing needs identified in the state's consolidated plan for housing and 77 Raised Bill No. 6612
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community development prepared pursuant to section 8-37t and in the 78
housing component and the other components of the state plan of 79
conservation and development prepared pursuant to section 16a-26; [. 80
Zoning regulations shall be] 81
(7) Be made with reasonable consideration for their impact on 82
agriculture, as defined in subsection (q) of section 1-1; [.] 83
(8) Provide that proper provisions be made for soil erosion and 84
sediment control pursuant to section 22a-329; 85
(9) Be made with reasonable consideration for the protection of 86
existing and potential public surface and ground drinking water 87
supplies; and 88
(10) In any municipality that is contiguous to Long Island Sound, (A) 89
be made with reasonable consideration for the restoration and 90
protection of the ecosystem and habitat of Long Island Sound; (B) be 91
designed to reduce hypoxia, pathogens, toxic contaminants and 92
floatable debris on Long Island Sound; and (C) provide that such 93
municipality's zoning commission consider the environmental impact 94
on Long Island Sound of any proposal for development. 95
(c) Zoning regulations adopted pursuant to subsection (a) of this 96
section may: [be] 97
(1) To the extent consistent with soil types, terrain and infrastructure 98
capacity and the plan of conservation and development for the 99
community, provide for cluster development, as defined in section 8-18; 100
(2) Be made with reasonable consideration for the protection of 101
historic factors; [and shall be made with reasonable consideration for 102
the protection of existing and potential public surface and ground 103
drinking water supplies. On and after July 1, 1985, the regulations shall 104
provide that proper provision be made for soil erosion and sediment 105
control pursuant to section 22a-329. Such regulations may also 106
encourage] 107 Raised Bill No. 6612
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(3) Encourage energy-efficient patterns of development, the use of 108
solar and other renewable forms of energy, and energy conservation; [. 109
The regulations may also provide] 110
(4) Provide for incentives for developers who use passive solar 111
energy techniques, as defined in subsection (b) of section 8-25, in 112
planning a residential subdivision development, [. The incentives may 113
include, but not be] including, but not limited to, cluster development, 114
higher density development and performance standards for roads, 115
sidewalks and underground facilities in the subdivision; [. Such 116
regulations may provide] 117
(5) Provide for a municipal system for the creation of development 118
rights and the permanent transfer of such development rights, which 119
may include a system for the variance of density limits in connection 120
with any such transfer; [. Such regulations may also provide] 121
(6) Provide for notice requirements in addition to those required by 122
this chapter; [. Such regulations may provide] 123
(7) Provide for conditions on operations to collect spring water or 124
well water, as defined in section 21a-150, including the time, place and 125
manner of such operations; [. No such regulations shall prohibit] and 126
(8) In any municipality where a traprock ridge or an amphibolite 127
ridge is located, (A) provide for development restrictions in ridgeline 128
setback areas; and (B) restrict quarrying and clear cutting, except that 129
the following operations and uses shall be permitted in ridgeline setback 130
areas, as of right: (i) Emergency work necessary to protect life and 131
property; (ii) any nonconforming uses that were in existence and that 132
were approved on or before the effective date of regulations adopted 133
pursuant to this section; and (iii) selective timbering, grazing of 134
domesticated animals and passive recreation. 135
(d) Zoning regulations adopted pursuant to subsection (a) of this 136
section shall not: 137 Raised Bill No. 6612
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(1) (A) Prohibit the operation of any family child care home or group 138
child care home in a residential zone, [. No such regulations shall 139
prohibit] or (B) require any special zoning permit or special zoning 140
exception for the operation of any family child care home in a residential 141
zone; 142
(2) (A) Prohibit the use of receptacles for the storage of items 143
designated for recycling in accordance with section 22a-241b or require 144
that such receptacles comply with provisions for bulk or lot area, or 145
similar provisions, except provisions for side yards, rear yards and front 146
yards; [. No such regulations shall] or (B) unreasonably restrict access to 147
or the size of such receptacles for businesses, given the nature of the 148
business and the volume of items designated for recycling in accordance 149
with section 22a-241b, that such business produces in its normal course 150
of business, provided nothing in this section shall be construed to 151
prohibit such regulations from requiring the screening or buffering of 152
such receptacles for aesthetic reasons; [. Such regulations shall not 153
impose] 154
(3) Impose conditions and requirements on (A) manufactured homes 155
having as their narrowest dimension twenty-two feet or more and built 156
in accordance with federal manufactured home construction and safety 157
standards or on lots containing such manufactured homes which are 158
substantially different from conditions and requirements imposed on 159
single-family dwellings and lots containing single-family dwellings; [. 160
Such regulations shall not impose conditions and requirements on] or 161
(B) developments to be occupied by manufactured homes having as 162
their narrowest dimension twenty-two feet or more and built in 163
accordance with federal manufactured home construction and safety 164
standards which are substantially different from conditions and 165
requirements imposed on multifamily dwellings, lots containing 166
multifamily dwellings, cluster developments or planned unit 167
developments; [. Such regulations shall not prohibit] 168
(4) (A) Prohibit the continuance of any nonconforming use, building 169
or structure existing at the time of the adoption of such regulations; [or] 170 Raised Bill No. 6612
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(B) require a special permit or special exception for any such 171
continuance; [. Such regulations shall not] (C) provide for the 172
termination of any nonconforming use solely as a result of nonuse for a 173
specified period of time without regard to the intent of the property 174
owner to maintain that use; [. Such regulations shall not] or (D) 175
terminate or deem abandoned a nonconforming use, building or 176
structure unless the property owner of such use, building or structure 177
voluntarily discontinues such use, building or structure and such 178
discontinuance is accompanied by an intent to not reestablish such use, 179
building or structure. The demolition or deconstruction of a 180
nonconforming use, building or structure shall not by itself be evidence 181
of such property owner's intent to not reestablish such use, building or 182
structure; [. Unless such town opts out, in accordance with the 183
provisions of subsection (j) of section 8-1bb, such regulations shall not 184
prohibit] 185
(5) Prohibit the installation of temporary health care structures for 186
use by mentally or physically impaired persons [in accordance with the 187
provisions of section 8-1bb if such structures comply with the provisions 188
of said section] pursuant to section 8-1bb, as amended by this act, unless 189
the municipality opts out pursuant to subsection (j) of said section. 190
(e) Any city, town or borough which adopts the provisions of this 191
chapter may, by vote of its legislative body, exempt municipal property 192
from the regulations prescribed by the zoning commission of such city, 193
town or borough, [;] but unless it is so voted, municipal property shall 194
be subject to such regulations. 195
[(b) In any municipality that is contiguous to Long Island Sound the 196
regulations adopted under this section shall be made with reasonable 197
consideration for restoration and protection of the ecosystem and 198
habitat of Long Island Sound and shall be designed to reduce hypoxia, 199
pathogens, toxic contaminants and floatable debris in Long Island 200
Sound. Such regulations shall provide that the commission consider the 201
environmental impact on Long Island Sound of any proposal for 202
development. 203 Raised Bill No. 6612
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(c) In any municipality where a traprock ridge, as defined in section 204
8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the 205
regulations may provide for development restrictions in ridgeline 206
setback areas, as defined in said section. The regulations may restrict 207
quarrying and clear cutting, except that the following operations and 208
uses shall be permitted in ridgeline setback areas, as of right: (1) 209
Emergency work necessary to protect life and property; (2) any 210
nonconforming uses that were in existence and that were approved on 211
or before the effective date of regulations adopted under this section; 212
and (3) selective timbering, grazing of domesticated animals and 213
passive recreation.] 214
[(d)] (f) Any advertising sign or billboard that is not equipped with 215
the ability to calibrate brightness or illumination shall be exempt from 216
any municipal ordinance or regulation regulating such brightness or 217
illumination that is adopted by a city, town or borough, pursuant to 218
subsection (a) of this section, after the date of installation of such 219
advertising sign or billboard. [pursuant to subsection (a) of this section.] 220
Sec. 3. Section 47a-4 of the general statutes is repealed and the 221
following is substituted in lieu thereof (Effective October 1, 2021): 222
(a) A rental agreement shall not provide that the tenant: (1) Agrees to 223
waive or forfeit rights or remedies under this chapter and sections 47a-224
21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 225
47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of 226
the general statutes or any municipal ordinance unless such section or 227
ordinance expressly states that such rights may be waived; (2) 228
authorizes the landlord to confess judgment on a claim arising out of the 229
rental agreement; (3) agrees to the exculpation or limitation of any 230
liability of the landlord arising under law or to indemnify the landlord 231
for that liability or the costs connected therewith; (4) agrees to waive his 232
right to the interest on the security deposit pursuant to section 47a-21; 233
(5) agrees to permit the landlord to dispossess him without resort to 234
court order; (6) consents to the distraint of his property for rent; (7) 235
agrees to pay the landlord's attorney's fees in excess of fifteen per cent 236 Raised Bill No. 6612
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of any judgment against the tenant in any action in which money 237
damages are awarded; (8) agrees to pay a late charge prior to the 238
expiration of the grace period set forth in section 47a-15a or to pay rent 239
in a reduced amount if such rent is paid prior to the expiration of such 240
grace period; [or] (9) agrees to pay a heat or utilities surcharge if heat or 241
utilities is included in the rental agreement; or (10) is prohibited from 242
operating a family child care home licensed pursuant to section 19a-87b 243
or otherwise restricted in the operation of such family child care home. 244
(b) A provision prohibited by subsection (a) of this section included 245
in a rental agreement is unenforceable. 246
Sec. 4 (NEW) (Effective October 1, 2021) In any renter's or homeowner's 247
insurance policy providing coverage for the operator of a family child 248
care home licensed pursuant to section 19a-87b of the general statutes, 249
such operator may name such operator's landlord, association of unit 250
owners for a condominium or unit owners' association of a common 251
interest community, as applicable, as an additional insured on such 252
policy. For the purposes of this section, "landlord" has the same meaning 253
as provided in section 47a-1 of the general statutes, "condominium" and 254
"association of unit owners" have the same meanings as provided in 255
section 47-68a of the general statutes, and "unit owners' association" and 256
"common interest community" have the same meanings as provided in 257
section 47-202 of the general statutes. 258
Sec. 5. Subsection (j) of section 8-1bb of the general statutes is repealed 259
and the following is substituted in lieu thereof (Effective October 1, 2021): 260
(j) A municipality, by vote of its legislative body or, in a municipality 261
where the legislative body is a town meeting, by vote of the board of 262
selectmen, may opt out of the provisions of this section and the 263
provision of subsection [(a)] (d) of section 8-2, as amended by this act, 264
regarding authorization for the installation of temporary health care 265
structures, provided the zoning commission or combined planning and 266
zoning commission of the municipality: (1) First holds a public hearing 267
in accordance with the provisions of section 8-7d on such proposed opt-268 Raised Bill No. 6612
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out, (2) affirmatively decides to opt out of the provisions of said sections 269
within the period of time permitted under section 8-7d, (3) states upon 270
its records the reasons for such decision, and (4) publishes notice of such 271
decision in a newspaper having a substantial circulation in the 272
municipality not later than fifteen days after such decision has been 273
rendered. 274
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 8-3j
Sec. 2 October 1, 2021 8-2
Sec. 3 October 1, 2021 47a-4
Sec. 4 October 1, 2021 New section
Sec. 5 October 1, 2021 8-1bb(j)
Statement of Purpose:
To (1) clarify and enforce protections for licensed family child care
homes and prevent landlords and certain homeowners associations
from placing restrictions on the operation of such homes, and (2)
reorganize the zoning enabling act.
[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.]