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General Assembly Raised Bill No. 6613
January Session, 2021
LCO No. 4642
Referred to Committee on PLANNING AND DEVELOPMENT
Introduced by:
(PD)
AN ACT CONCERNING AC CESSORY APARTMENTS, MIDDLE
HOUSING AND MULTIFAM ILY HOUSING.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Section 8-1aa of the general statutes is repealed and the 1
following is substituted in lieu thereof (Effective October 1, 2021): 2
As used in section 8-2, as amended by this act, and sections 3 and 4 3
of this act: 4
(1) "Traprock ridge" means Beacon Hill, Saltonstall Mountain, 5
Totoket Mountain, Pistapaug Mountain, Fowler Mountain, Beseck 6
Mountain, Higby Mountain, Chauncey Peak, Lamentation Mountain, 7
Cathole Mountain, South Mountain, East Peak, West Peak, Short 8
Mountain, Ragged Mountain, Bradley Mountain, Pinnacle Rock, 9
Rattlesnake Mountain, Talcott Mountain, Hatchett Hill, Peak Mountain, 10
West Suffield Mountain, Cedar Mountain, East Rock, Mount Sanford, 11
Prospect Ridge, Peck Mountain, West Rock, Sleeping Giant, Pond Ledge 12
Hill, Onion Mountain, The Sugarloaf, The Hedgehog, West Mountains, 13
The Knolls, Barndoor Hills, Stony Hill, Manitook Mountain, Rattlesnake 14
Hill, Durkee Hill, East Hill, Rag Land, Bear Hill, Orenaug Hills; 15 Raised Bill No. 6613
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(2) "Amphibolite ridge" means Huckleberry Hill, East Hill, Ratlum 16
Hill, Mount Hoar, Sweetheart Mountain; 17
(3) "Ridgeline" means the line on a traprock or amphibolite ridge 18
created by all points at the top of a fifty per cent slope, which is 19
maintained for a distance of fifty horizontal feet perpendicular to the 20
slope and which consists of surficial basalt geology, identified on the 21
map prepared by Stone et al., United States Geological Survey, entitled 22
"Surficial Materials Map of Connecticut"; 23
(4) "Ridgeline setback area" means the area bounded by (A) a line that 24
parallels the ridgeline at a distance of one hundred fifty feet on the more 25
wooded side of the ridge, and (B) the contour line where a ridge of less 26
than fifty per cent is maintained for fifty feet or more on the rockier side 27
of the slope, mapped pursuant to section 8-2, as amended by this act; 28
(5) "Development" means the construction, reconstruction, alteration, 29
or expansion of a building; [and] 30
(6) "Building" means any structure other than (A) a facility as defined 31
in section 16-50i or (B) structures of a relatively slender nature compared 32
to the buildings to which they are associated, including but not limited 33
to chimneys, flagpoles, antennas, utility poles and steeples; [.] 34
(7) "Accessory apartment" means a separate living unit that (A) is 35
located on the same lot as a larger principal dwelling unit, (B) has a 36
kitchen, (C) has a square footage that is not more than thirty per cent of 37
the total square footage of the principal dwelling unit, (D) is not billed 38
separately from the principal dwelling unit for utilities, and (E) complies 39
with the building code and health and safety regulations; 40
(8) "Middle housing" includes duplexes, triplexes, quadplexes, 41
cottage clusters and townhouses; 42
(9) "Cottage cluster" means a grouping of four or more detached 43
dwelling units per acre, located around a common open area; and 44
(10) "Townhouse" means a residential building constructed in a 45 Raised Bill No. 6613
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grouping of three or more attached units, each of which shares at least 46
one common wall with an adjacent unit and has exterior walls on at least 47
two sides. 48
Sec. 2. Subsection (a) of section 8-2 of the general statutes is repealed 49
and the following is substituted in lieu thereof (Effective October 1, 2021): 50
(a) The zoning commission of each city, town or borough is 51
authorized to regulate, within the limits of such municipality, the 52
height, number of stories and size of buildings and other structures; the 53
percentage of the area of the lot that may be occupied; the size of yards, 54
courts and other open spaces; the density of population and the location 55
and use of buildings, structures and land for trade, industry, residence 56
or other purposes, including water-dependent uses, as defined in 57
section 22a-93, and the height, size, location, brightness and 58
illumination of advertising signs and billboards. Such bulk regulations 59
may allow for cluster development, as defined in section 8-18. Such 60
zoning commission may divide the municipality into districts of such 61
number, shape and area as may be best suited to carry out the purposes 62
of this chapter; and, within such districts, it may regulate the erection, 63
construction, reconstruction, alteration or use of buildings or structures 64
and the use of land. All such regulations shall be uniform for each class 65
or kind of buildings, structures or use of land throughout each district, 66
but the regulations in one district may differ from those in another 67
district, and may provide that certain classes or kinds of buildings, 68
structures or uses of land are permitted only after obtaining a special 69
permit or special exception from a zoning commission, planning 70
commission, combined planning and zoning commission or zoning 71
board of appeals, whichever commission or board the regulations may, 72
notwithstanding any special act to the contrary, designate, subject to 73
standards set forth in the regulations and to conditions necessary to 74
protect the public health, safety, convenience and property values. Such 75
regulations shall be made in accordance with a comprehensive plan and 76
in adopting such regulations the commission shall consider the plan of 77
conservation and development prepared under section 8-23. Such 78
regulations shall be designed to lessen congestion in the streets; to 79 Raised Bill No. 6613
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secure safety from fire, panic, flood and other dangers; to promote 80
health and the general welfare; to provide adequate light and air; to 81
prevent the overcrowding of land; to avoid undue concentration of 82
population and to facilitate the adequate provision for transportation, 83
water, sewerage, schools, parks and other public requirements. Such 84
regulations shall be made with reasonable consideration as to the 85
character of the district and its peculiar suitability for particular uses 86
and with a view to conserving the value of buildings and encouraging 87
the most appropriate use of land throughout such municipality. Such 88
regulations may, to the extent consistent with soil types, terrain, 89
infrastructure capacity and the plan of conservation and development 90
for the community, provide for cluster development, as defined in 91
section 8-18, in residential zones. Such regulations shall also encourage 92
the development of housing opportunities, including opportunities for 93
[multifamily dwellings, consistent with soil types, terrain and 94
infrastructure capacity] (1) accessory apartments, which shall be 95
permitted as of right in accordance with section 3 of this act, and (2) 96
middle housing and multifamily dwellings containing four or more 97
dwelling units, which shall be permitted as of right in accordance with 98
section 4 of this act, for all residents of the municipality and the planning 99
region in which the municipality is located, as designated by the 100
Secretary of the Office of Policy and Management under section 16a-4a. 101
Such regulations shall also promote housing choice and economic 102
diversity in housing, including housing for both low and moderate 103
income households, and shall encourage the development of housing 104
which will meet the housing needs identified in the state's consolidated 105
plan for housing and community development prepared pursuant to 106
section 8-37t and in the housing component and the other components 107
of the state plan of conservation and development prepared pursuant to 108
section 16a-26. Zoning regulations shall be made with reasonable 109
consideration for their impact on agriculture, as defined in subsection 110
(q) of section 1-1. Zoning regulations may be made with reasonable 111
consideration for the protection of historic factors and shall be made 112
with reasonable consideration for the protection of existing and 113
potential public surface and ground drinking water supplies. On and 114 Raised Bill No. 6613
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after July 1, 1985, the regulations shall provide that proper provision be 115
made for soil erosion and sediment control pursuant to section 22a-329. 116
Such regulations may also encourage energy-efficient patterns of 117
development, the use of solar and other renewable forms of energy, and 118
energy conservation. The regulations may also provide for incentives 119
for developers who use passive solar energy techniques, as defined in 120
subsection (b) of section 8-25, in planning a residential subdivision 121
development. The incentives may include, but not be limited to, cluster 122
development, higher density development and performance standards 123
for roads, sidewalks and underground facilities in the subdivision. Such 124
regulations may provide for a municipal system for the creation of 125
development rights and the permanent transfer of such development 126
rights, which may include a system for the variance of density limits in 127
connection with any such transfer. Such regulations may also provide 128
for notice requirements in addition to those required by this chapter. 129
Such regulations may provide for conditions on operations to collect 130
spring water or well water, as defined in section 21a-150, including the 131
time, place and manner of such operations. No such regulations shall 132
prohibit the operation of any family child care home or group child care 133
home in a residential zone. No such regulations shall prohibit the use of 134
receptacles for the storage of items designated for recycling in 135
accordance with section 22a-241b or require that such receptacles 136
comply with provisions for bulk or lot area, or similar provisions, except 137
provisions for side yards, rear yards and front yards. No such 138
regulations shall unreasonably restrict access to or the size of such 139
receptacles for businesses, given the nature of the business and the 140
volume of items designated for recycling in accordance with section 22a-141
241b, that such business produces in its normal course of business, 142
provided nothing in this section shall be construed to prohibit such 143
regulations from requiring the screening or buffering of such receptacles 144
for aesthetic reasons. Such regulations shall not impose conditions and 145
requirements on manufactured homes having as their narrowest 146
dimension twenty-two feet or more and built in accordance with federal 147
manufactured home construction and safety standards or on lots 148
containing such manufactured homes which are substantially different 149 Raised Bill No. 6613
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from conditions and requirements imposed on single-family dwellings 150
and lots containing single-family dwellings. Such regulations shall not 151
impose conditions and requirements on developments to be occupied 152
by manufactured homes having as their narrowest dimension twenty-153
two feet or more and built in accordance with federal manufactured 154
home construction and safety standards which are substantially 155
different from conditions and requirements imposed on multifamily 156
dwellings, lots containing multifamily dwellings, cluster developments 157
or planned unit developments. Such regulations shall not prohibit the 158
continuance of any nonconforming use, building or structure existing at 159
the time of the adoption of such regulations or require a special permit 160
or special exception for any such continuance. Such regulations shall not 161
provide for the termination of any nonconforming use solely as a result 162
of nonuse for a specified period of time without regard to the intent of 163
the property owner to maintain that use. Such regulations shall not 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 provisions 172
of subsection (j) of section 8-1bb, such regulations shall not prohibit the 173
installation of temporary health care structures for use by mentally or 174
physically impaired persons in accordance with the provisions of 175
section 8-1bb if such structures comply with the provisions of said 176
section. Any city, town or borough which adopts the provisions of this 177
chapter may, by vote of its legislative body, exempt municipal property 178
from the regulations prescribed by the zoning commission of such city, 179
town or borough; but unless it is so voted municipal property shall be 180
subject to such regulations. 181
Sec. 3. (NEW) (Effective October 1, 2021) (a) Any zoning regulations 182
adopted pursuant to section 8-2 of the general statutes, as amended by 183 Raised Bill No. 6613
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this act, shall: 184
(1) Designate locations within the municipality in which accessory 185
apartments are allowed, provided at least one accessory apartment shall 186
be allowed as of right on each lot that contains a single-family dwelling 187
and no such accessory apartment shall be required to be an affordable 188
accessory apartment; 189
(2) Allow accessory apartments to be attached to or located within the 190
proposed or existing principal dwelling, or detached from the proposed 191
or existing principal dwelling and located on the same lot as such 192
dwelling; 193
(3) Set a maximum net floor area for an accessory apartment of not 194
less than thirty per cent of the net floor area of the principal dwelling, or 195
one thousand square feet, whichever is less, except that such regulations 196
may allow a larger net floor area for such apartments; 197
(4) Require setbacks, lot size and building frontage less than or equal 198
to that which is required for the principal dwelling; 199
(5) Provide for height, landscaping and architectural design 200
standards that do not exceed any such standards as they are applied to 201
single-family dwellings in the municipality; 202
(6) Be prohibited from requiring (A) a passageway between any such 203
accessory apartment and any such principal dwelling, (B) an exterior 204
door for any such accessory apartment, except as required by the 205
applicable building or fire code, (C) more than one parking space for 206
any such accessory apartment, or fees in lieu of parking otherwise 207
allowed by section 8-2c of the general statutes, (D) a familial, marital or 208
employment relationship between occupants of the principal dwelling 209
and accessory apartment, (E) age restrictions with respect to occupants 210
of the accessory apartment, (F) separate billing of utilities otherwise 211
connected to, or used by, the principal dwelling unit, or (G) periodic 212
renewals for permits for such accessory apartments; and 213 Raised Bill No. 6613
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(7) Be interpreted and enforced such that nothing in this section shall 214
be in derogation of the applicable building code or other requirements 215
applicable where a private sewerage system is being used, provided 216
approval for any such accessory apartment shall not be unreasonably 217
withheld. 218
(b) The as of right permit application and review process for approval 219
of accessory apartments shall require that a decision on any such 220
application be rendered not later than sixty-five days after receipt of 221
such application by the applicable zoning commission, except that an 222
applicant may consent to one or more extensions of not more than an 223
additional sixty-five days or may withdraw such application. 224
(c) No municipality shall (1) condition the approval of an accessory 225
apartment on the correction of a nonconforming use, or (2) require the 226
installation of fire sprinklers in an accessory apartment if such 227
sprinklers are not required for the principal dwelling located on the 228
same lot or otherwise required by the fire code. 229
(d) No municipality, special district, sewer or water authority shall 230
(1) consider an accessory apartment to be a new residential use for the 231
purposes of calculating connection fees or capacity charges for utilities, 232
including water and sewer service, unless such accessory apartment 233
was constructed with a new single-family dwelling on the same lot, or 234
(2) require the installation of a new or separate utility connection 235
directly to an accessory apartment or impose a related connection fee or 236
capacity charge. 237
(e) If a municipality fails to adopt new regulations or amend existing 238
regulations to comply with the provisions of this section, any 239
noncompliant existing regulation shall become null and void and such 240
municipality shall approve or deny applications for accessory 241
apartments in accordance with the requirements for regulations set 242
forth in the provisions of this section until such municipality adopts or 243
amends a regulation in compliance with this section. No municipality 244
shall use or impose additional standards beyond those set forth in this 245 Raised Bill No. 6613
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section. 246
Sec. 4. (NEW) (Effective October 1, 2021) (a) Any zoning regulations 247
adopted pursuant to section 8-2 of the general statutes, as amended by 248
this act, shall allow, as of right, two or more types of middle housing or 249
multifamily housing containing four or more dwelling units in at least 250
fifty per cent of the lot area within a one-quarter mile radius of the 251
primary commercial center in any municipality with one or more 252
commercial centers or a population of seven thousand five hundred or 253
more. 254
(b) The calculation of lot area described in subsection (a) of this 255
section shall include the square footage of total lot area, excluding 256
roadways, sidewalks, railways, regulated inland wetlands and 257
watercourses, slopes of fifteen per cent or more in grade change within 258
a lot, ledges, tidal wetlands and other coastal resources. 259
(c) Any housing allowed pursuant to subsection (a) of this section that 260
includes ten or more residential units shall set aside at least ten per cent 261
of such residential units as assisted housing, as defined in section 8-30g 262
of the general statutes. 263
(d) The as of right permit application and review process for approval 264
of housing described in this section shall require that a decision on any 265
such application be rendered not later than sixty-five days after receipt 266
of such application by the zoning commission, except that an applicant 267
may consent to one or more extensions of an additional sixty-five days 268
or may withdraw such application. 269
(e) No municipality shall condition the approval of middle housing 270
or multifamily housing on the correction of a nonconforming use. 271
(f) If a municipality fails to adopt new regulations or amend existing 272
regulations to comply with the provisions of this section, any 273
noncompliant existing regulation shall become null and void and such 274
municipality shall approve or deny applications for middle housing or 275
multifamily housing in accordance with the requirements for 276 Raised Bill No. 6613
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regulations set forth in the provisions of this section until such 277
municipality adopts or amends a regulation in compliance with this 278
section. No municipality shall use or impose additional standards 279
beyond those set forth in this section. 280
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2021 8-1aa
Sec. 2 October 1, 2021 8-2(a)
Sec. 3 October 1, 2021 New section
Sec. 4 October 1, 2021 New section
Statement of Purpose:
To require municipal zoning commissions to adopt regulations allowing
accessory apartments, middle housing and multifamily housing.
[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.]