Connecticut 2021 Regular Session

Connecticut House Bill HB06612 Compare Versions

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66 General Assembly Raised Bill No. 6612
77 January Session, 2021
88 LCO No. 4338
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1111 Referred to Committee on PLANNING AND DEVELOPMENT
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2020 AN ACT CONCERNING PR OTECTIONS FOR FAMILY CHILD CARE
2121 HOMES AND THE ZONING ENABLING ACT.
2222 Be it enacted by the Senate and House of Representatives in General
2323 Assembly convened:
2424
2525 Section 1. Section 8-3j of the general statutes is repealed and the 1
2626 following is substituted in lieu thereof (Effective October 1, 2021): 2
2727 (a) No zoning regulation shall treat any family child care home 3
2828 [registered] licensed pursuant to section [17b-733] 19a-87b in a manner 4
2929 different from single or multifamily dwellings. 5
3030 (b) Not later than December 1, 2021, and annually thereafter, each 6
3131 municipality shall submit to the Office of Policy and Management a 7
3232 sworn statement from the chief planning official of the municipality 8
3333 stating (1) that the municipality's zoning ordinance is in compliance 9
3434 with (A) subsection (a) of this section, and (B) the provision relating to 10
3535 family child care homes in subsection (d) of section 8-2, as amended by 11
3636 this act, or (2) the time frame within which the municipality will bring 12
3737 its zoning ordinance into compliance with subsection (a) of this section 13
3838 and subsection (d) of section 8-2, as amended by this act. 14 Raised Bill No. 6612
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4444 Sec. 2. Section 8-2 of the general statutes is repealed and the following 15
4545 is substituted in lieu thereof (Effective October 1, 2021): 16
4646 (a) (1) The zoning commission of each city, town or borough is 17
4747 authorized to regulate, within the limits of such municipality: [, the] (A) 18
4848 The height, number of stories and size of buildings and other structures; 19
4949 (B) the percentage of the area of the lot that may be occupied; (C) the 20
5050 size of yards, courts and other open spaces; (D) the density of 21
5151 population and the location and use of buildings, structures and land 22
5252 for trade, industry, residence or other purposes, including water-23
5353 dependent uses, as defined in section 22a-93; [,] and (E) the height, size, 24
5454 location, brightness and illumination of advertising signs and 25
5555 billboards. Such bulk regulations may allow for cluster development, as 26
5656 defined in section 8-18. 27
5757 (2) Such zoning commission may divide the municipality into 28
5858 districts of such number, shape and area as may be best suited to carry 29
5959 out the purposes of this chapter; and, within such districts, it may 30
6060 regulate the erection, construction, reconstruction, alteration or use of 31
6161 buildings or structures and the use of land. All [such] zoning regulations 32
6262 shall be uniform for each class or kind of buildings, structures or use of 33
6363 land throughout each district, but the regulations in one district may 34
6464 differ from those in another district. [, and may] 35
6565 (3) Such zoning regulations may, except as otherwise specified in this 36
6666 section, provide that certain classes or kinds of buildings, structures or 37
6767 uses of land are permitted only after obtaining a special permit or 38
6868 special exception from a zoning commission, planning commission, 39
6969 combined planning and zoning commission or zoning board of appeals, 40
7070 whichever commission or board the regulations may, notwithstanding 41
7171 any special act to the contrary, designate, subject to standards set forth 42
7272 in the regulations and to conditions necessary to protect the public 43
7373 health, safety, convenience and property values. [Such regulations shall 44
7474 be] 45
7575 (b) Zoning regulations adopted pursuant to subsection (a) of this 46 Raised Bill No. 6612
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8181 section shall: 47
8282 (1) Be made in accordance with a comprehensive plan and in 48
8383 [adopting such regulations the commission shall consider ] 49
8484 consideration of the plan of conservation and development [prepared] 50
8585 adopted under section 8-23; [. Such regulations shall be] 51
8686 (2) Be designed to (A) lessen congestion in the streets; [to] (B) secure 52
8787 safety from fire, panic, flood and other dangers; [to] (C) promote health 53
8888 and the general welfare; [to] (D) provide adequate light and air; [to] (E) 54
8989 prevent the overcrowding of land; [to] (F) avoid undue concentration of 55
9090 population; and [to] (G) facilitate the adequate provision for 56
9191 transportation, water, sewerage, schools, parks and other public 57
9292 requirements; [. Such regulations shall be] 58
9393 (3) Be made with reasonable consideration as to the character of the 59
9494 district and its peculiar suitability for particular uses and with a view to 60
9595 conserving the value of buildings and encouraging the most appropriate 61
9696 use of land throughout [such] a municipality; [. Such regulations may, 62
9797 to the extent consistent with soil types, terrain, infrastructure capacity 63
9898 and the plan of conservation and development for the community, 64
9999 provide for cluster development, as defined in section 8-18, in 65
100100 residential zones. Such regulations shall also encourage] 66
101101 (4) Provide for the development of housing opportunities, including 67
102102 opportunities for multifamily dwellings, consistent with soil types, 68
103103 terrain and infrastructure capacity, for all residents of the municipality 69
104104 and the planning region in which the municipality is located, as 70
105105 designated by the Secretary of the Office of Policy and Management 71
106106 under section 16a-4a; [. Such regulations shall also promote] 72
107107 (5) Promote housing choice and economic diversity in housing, 73
108108 including housing for both low and moderate income households; [, and 74
109109 shall encourage] 75
110110 (6) Provide for the development of housing which will meet the 76
111111 housing needs identified in the state's consolidated plan for housing and 77 Raised Bill No. 6612
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117117 community development prepared pursuant to section 8-37t and in the 78
118118 housing component and the other components of the state plan of 79
119119 conservation and development prepared pursuant to section 16a-26; [. 80
120120 Zoning regulations shall be] 81
121121 (7) Be made with reasonable consideration for their impact on 82
122122 agriculture, as defined in subsection (q) of section 1-1; [.] 83
123123 (8) Provide that proper provisions be made for soil erosion and 84
124124 sediment control pursuant to section 22a-329; 85
125125 (9) Be made with reasonable consideration for the protection of 86
126126 existing and potential public surface and ground drinking water 87
127127 supplies; and 88
128128 (10) In any municipality that is contiguous to Long Island Sound, (A) 89
129129 be made with reasonable consideration for the restoration and 90
130130 protection of the ecosystem and habitat of Long Island Sound; (B) be 91
131131 designed to reduce hypoxia, pathogens, toxic contaminants and 92
132132 floatable debris on Long Island Sound; and (C) provide that such 93
133133 municipality's zoning commission consider the environmental impact 94
134134 on Long Island Sound of any proposal for development. 95
135135 (c) Zoning regulations adopted pursuant to subsection (a) of this 96
136136 section may: [be] 97
137137 (1) To the extent consistent with soil types, terrain and infrastructure 98
138138 capacity and the plan of conservation and development for the 99
139139 community, provide for cluster development, as defined in section 8-18; 100
140140 (2) Be made with reasonable consideration for the protection of 101
141141 historic factors; [and shall be made with reasonable consideration for 102
142142 the protection of existing and potential public surface and ground 103
143143 drinking water supplies. On and after July 1, 1985, the regulations shall 104
144144 provide that proper provision be made for soil erosion and sediment 105
145145 control pursuant to section 22a-329. Such regulations may also 106
146146 encourage] 107 Raised Bill No. 6612
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152152 (3) Encourage energy-efficient patterns of development, the use of 108
153153 solar and other renewable forms of energy, and energy conservation; [. 109
154154 The regulations may also provide] 110
155155 (4) Provide for incentives for developers who use passive solar 111
156156 energy techniques, as defined in subsection (b) of section 8-25, in 112
157157 planning a residential subdivision development, [. The incentives may 113
158158 include, but not be] including, but not limited to, cluster development, 114
159159 higher density development and performance standards for roads, 115
160160 sidewalks and underground facilities in the subdivision; [. Such 116
161161 regulations may provide] 117
162162 (5) Provide for a municipal system for the creation of development 118
163163 rights and the permanent transfer of such development rights, which 119
164164 may include a system for the variance of density limits in connection 120
165165 with any such transfer; [. Such regulations may also provide] 121
166166 (6) Provide for notice requirements in addition to those required by 122
167167 this chapter; [. Such regulations may provide] 123
168168 (7) Provide for conditions on operations to collect spring water or 124
169169 well water, as defined in section 21a-150, including the time, place and 125
170170 manner of such operations; [. No such regulations shall prohibit] and 126
171171 (8) In any municipality where a traprock ridge or an amphibolite 127
172172 ridge is located, (A) provide for development restrictions in ridgeline 128
173173 setback areas; and (B) restrict quarrying and clear cutting, except that 129
174174 the following operations and uses shall be permitted in ridgeline setback 130
175175 areas, as of right: (i) Emergency work necessary to protect life and 131
176176 property; (ii) any nonconforming uses that were in existence and that 132
177177 were approved on or before the effective date of regulations adopted 133
178178 pursuant to this section; and (iii) selective timbering, grazing of 134
179179 domesticated animals and passive recreation. 135
180180 (d) Zoning regulations adopted pursuant to subsection (a) of this 136
181181 section shall not: 137 Raised Bill No. 6612
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187187 (1) (A) Prohibit the operation of any family child care home or group 138
188188 child care home in a residential zone, [. No such regulations shall 139
189189 prohibit] or (B) require any special zoning permit or special zoning 140
190190 exception for the operation of any family child care home in a residential 141
191191 zone; 142
192192 (2) (A) Prohibit the use of receptacles for the storage of items 143
193193 designated for recycling in accordance with section 22a-241b or require 144
194194 that such receptacles comply with provisions for bulk or lot area, or 145
195195 similar provisions, except provisions for side yards, rear yards and front 146
196196 yards; [. No such regulations shall] or (B) unreasonably restrict access to 147
197197 or the size of such receptacles for businesses, given the nature of the 148
198198 business and the volume of items designated for recycling in accordance 149
199199 with section 22a-241b, that such business produces in its normal course 150
200200 of business, provided nothing in this section shall be construed to 151
201201 prohibit such regulations from requiring the screening or buffering of 152
202202 such receptacles for aesthetic reasons; [. Such regulations shall not 153
203203 impose] 154
204204 (3) Impose conditions and requirements on (A) manufactured homes 155
205205 having as their narrowest dimension twenty-two feet or more and built 156
206206 in accordance with federal manufactured home construction and safety 157
207207 standards or on lots containing such manufactured homes which are 158
208208 substantially different from conditions and requirements imposed on 159
209209 single-family dwellings and lots containing single-family dwellings; [. 160
210210 Such regulations shall not impose conditions and requirements on] or 161
211211 (B) developments to be occupied by manufactured homes having as 162
212212 their narrowest dimension twenty-two feet or more and built in 163
213213 accordance with federal manufactured home construction and safety 164
214214 standards which are substantially different from conditions and 165
215215 requirements imposed on multifamily dwellings, lots containing 166
216216 multifamily dwellings, cluster developments or planned unit 167
217217 developments; [. Such regulations shall not prohibit] 168
218218 (4) (A) Prohibit the continuance of any nonconforming use, building 169
219219 or structure existing at the time of the adoption of such regulations; [or] 170 Raised Bill No. 6612
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225225 (B) require a special permit or special exception for any such 171
226226 continuance; [. Such regulations shall not] (C) provide for the 172
227227 termination of any nonconforming use solely as a result of nonuse for a 173
228228 specified period of time without regard to the intent of the property 174
229229 owner to maintain that use; [. Such regulations shall not] or (D) 175
230230 terminate or deem abandoned a nonconforming use, building or 176
231231 structure unless the property owner of such use, building or structure 177
232232 voluntarily discontinues such use, building or structure and such 178
233233 discontinuance is accompanied by an intent to not reestablish such use, 179
234234 building or structure. The demolition or deconstruction of a 180
235235 nonconforming use, building or structure shall not by itself be evidence 181
236236 of such property owner's intent to not reestablish such use, building or 182
237237 structure; [. Unless such town opts out, in accordance with the 183
238238 provisions of subsection (j) of section 8-1bb, such regulations shall not 184
239239 prohibit] 185
240240 (5) Prohibit the installation of temporary health care structures for 186
241241 use by mentally or physically impaired persons [in accordance with the 187
242242 provisions of section 8-1bb if such structures comply with the provisions 188
243243 of said section] pursuant to section 8-1bb, as amended by this act, unless 189
244244 the municipality opts out pursuant to subsection (j) of said section. 190
245245 (e) Any city, town or borough which adopts the provisions of this 191
246246 chapter may, by vote of its legislative body, exempt municipal property 192
247247 from the regulations prescribed by the zoning commission of such city, 193
248248 town or borough, [;] but unless it is so voted, municipal property shall 194
249249 be subject to such regulations. 195
250250 [(b) In any municipality that is contiguous to Long Island Sound the 196
251251 regulations adopted under this section shall be made with reasonable 197
252252 consideration for restoration and protection of the ecosystem and 198
253253 habitat of Long Island Sound and shall be designed to reduce hypoxia, 199
254254 pathogens, toxic contaminants and floatable debris in Long Island 200
255255 Sound. Such regulations shall provide that the commission consider the 201
256256 environmental impact on Long Island Sound of any proposal for 202
257257 development. 203 Raised Bill No. 6612
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263263 (c) In any municipality where a traprock ridge, as defined in section 204
264264 8-1aa, or an amphibolite ridge, as defined in section 8-1aa, is located the 205
265265 regulations may provide for development restrictions in ridgeline 206
266266 setback areas, as defined in said section. The regulations may restrict 207
267267 quarrying and clear cutting, except that the following operations and 208
268268 uses shall be permitted in ridgeline setback areas, as of right: (1) 209
269269 Emergency work necessary to protect life and property; (2) any 210
270270 nonconforming uses that were in existence and that were approved on 211
271271 or before the effective date of regulations adopted under this section; 212
272272 and (3) selective timbering, grazing of domesticated animals and 213
273273 passive recreation.] 214
274274 [(d)] (f) Any advertising sign or billboard that is not equipped with 215
275275 the ability to calibrate brightness or illumination shall be exempt from 216
276276 any municipal ordinance or regulation regulating such brightness or 217
277277 illumination that is adopted by a city, town or borough, pursuant to 218
278278 subsection (a) of this section, after the date of installation of such 219
279279 advertising sign or billboard. [pursuant to subsection (a) of this section.] 220
280280 Sec. 3. Section 47a-4 of the general statutes is repealed and the 221
281281 following is substituted in lieu thereof (Effective October 1, 2021): 222
282282 (a) A rental agreement shall not provide that the tenant: (1) Agrees to 223
283283 waive or forfeit rights or remedies under this chapter and sections 47a-224
284284 21, 47a-23 to 47a-23b, inclusive, 47a-26 to 47a-26g, inclusive, 47a-35 to 225
285285 47a-35b, inclusive, 47a-41a, 47a-43 and 47a-46, or under any section of 226
286286 the general statutes or any municipal ordinance unless such section or 227
287287 ordinance expressly states that such rights may be waived; (2) 228
288288 authorizes the landlord to confess judgment on a claim arising out of the 229
289289 rental agreement; (3) agrees to the exculpation or limitation of any 230
290290 liability of the landlord arising under law or to indemnify the landlord 231
291291 for that liability or the costs connected therewith; (4) agrees to waive his 232
292292 right to the interest on the security deposit pursuant to section 47a-21; 233
293293 (5) agrees to permit the landlord to dispossess him without resort to 234
294294 court order; (6) consents to the distraint of his property for rent; (7) 235
295295 agrees to pay the landlord's attorney's fees in excess of fifteen per cent 236 Raised Bill No. 6612
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301301 of any judgment against the tenant in any action in which money 237
302302 damages are awarded; (8) agrees to pay a late charge prior to the 238
303303 expiration of the grace period set forth in section 47a-15a or to pay rent 239
304304 in a reduced amount if such rent is paid prior to the expiration of such 240
305305 grace period; [or] (9) agrees to pay a heat or utilities surcharge if heat or 241
306306 utilities is included in the rental agreement; or (10) is prohibited from 242
307307 operating a family child care home licensed pursuant to section 19a-87b 243
308308 or otherwise restricted in the operation of such family child care home. 244
309309 (b) A provision prohibited by subsection (a) of this section included 245
310310 in a rental agreement is unenforceable. 246
311311 Sec. 4 (NEW) (Effective October 1, 2021) In any renter's or homeowner's 247
312312 insurance policy providing coverage for the operator of a family child 248
313313 care home licensed pursuant to section 19a-87b of the general statutes, 249
314314 such operator may name such operator's landlord, association of unit 250
315315 owners for a condominium or unit owners' association of a common 251
316316 interest community, as applicable, as an additional insured on such 252
317317 policy. For the purposes of this section, "landlord" has the same meaning 253
318318 as provided in section 47a-1 of the general statutes, "condominium" and 254
319319 "association of unit owners" have the same meanings as provided in 255
320320 section 47-68a of the general statutes, and "unit owners' association" and 256
321321 "common interest community" have the same meanings as provided in 257
322322 section 47-202 of the general statutes. 258
323323 Sec. 5. Subsection (j) of section 8-1bb of the general statutes is repealed 259
324324 and the following is substituted in lieu thereof (Effective October 1, 2021): 260
325325 (j) A municipality, by vote of its legislative body or, in a municipality 261
326326 where the legislative body is a town meeting, by vote of the board of 262
327327 selectmen, may opt out of the provisions of this section and the 263
328328 provision of subsection [(a)] (d) of section 8-2, as amended by this act, 264
329329 regarding authorization for the installation of temporary health care 265
330330 structures, provided the zoning commission or combined planning and 266
331331 zoning commission of the municipality: (1) First holds a public hearing 267
332332 in accordance with the provisions of section 8-7d on such proposed opt-268 Raised Bill No. 6612
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338338 out, (2) affirmatively decides to opt out of the provisions of said sections 269
339339 within the period of time permitted under section 8-7d, (3) states upon 270
340340 its records the reasons for such decision, and (4) publishes notice of such 271
341341 decision in a newspaper having a substantial circulation in the 272
342342 municipality not later than fifteen days after such decision has been 273
343343 rendered. 274
344344 This act shall take effect as follows and shall amend the following
345345 sections:
346346
347347 Section 1 October 1, 2021 8-3j
348348 Sec. 2 October 1, 2021 8-2
349349 Sec. 3 October 1, 2021 47a-4
350350 Sec. 4 October 1, 2021 New section
351351 Sec. 5 October 1, 2021 8-1bb(j)
352352
353353 Statement of Purpose:
354354 To (1) clarify and enforce protections for licensed family child care
355355 homes and prevent landlords and certain homeowners associations
356356 from placing restrictions on the operation of such homes, and (2)
357357 reorganize the zoning enabling act.
358358 [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
359359 that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
360360 underlined.]
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