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| 2 | 2 | | |
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| 3 | 3 | | LCO No. 4642 1 of 10 |
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| 4 | 4 | | |
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| 5 | 5 | | General Assembly Raised Bill No. 6613 |
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| 6 | 6 | | January Session, 2021 |
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| 7 | 7 | | LCO No. 4642 |
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| 8 | 8 | | |
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| 9 | 9 | | |
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| 10 | 10 | | Referred to Committee on PLANNING AND DEVELOPMENT |
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| 11 | 11 | | |
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| 12 | 12 | | |
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| 13 | 13 | | Introduced by: |
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| 14 | 14 | | (PD) |
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| 15 | 15 | | |
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| 16 | 16 | | |
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| 17 | 17 | | |
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| 18 | 18 | | |
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| 19 | 19 | | AN ACT CONCERNING AC CESSORY APARTMENTS, MIDDLE |
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| 20 | 20 | | HOUSING AND MULTIFAM ILY HOUSING. |
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| 21 | 21 | | Be it enacted by the Senate and House of Representatives in General |
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| 22 | 22 | | Assembly convened: |
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| 23 | 23 | | |
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| 24 | 24 | | Section 1. Section 8-1aa of the general statutes is repealed and the 1 |
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| 25 | 25 | | following is substituted in lieu thereof (Effective October 1, 2021): 2 |
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| 26 | 26 | | As used in section 8-2, as amended by this act, and sections 3 and 4 3 |
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| 27 | 27 | | of this act: 4 |
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| 28 | 28 | | (1) "Traprock ridge" means Beacon Hill, Saltonstall Mountain, 5 |
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| 29 | 29 | | Totoket Mountain, Pistapaug Mountain, Fowler Mountain, Beseck 6 |
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| 30 | 30 | | Mountain, Higby Mountain, Chauncey Peak, Lamentation Mountain, 7 |
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| 31 | 31 | | Cathole Mountain, South Mountain, East Peak, West Peak, Short 8 |
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| 32 | 32 | | Mountain, Ragged Mountain, Bradley Mountain, Pinnacle Rock, 9 |
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| 33 | 33 | | Rattlesnake Mountain, Talcott Mountain, Hatchett Hill, Peak Mountain, 10 |
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| 34 | 34 | | West Suffield Mountain, Cedar Mountain, East Rock, Mount Sanford, 11 |
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| 35 | 35 | | Prospect Ridge, Peck Mountain, West Rock, Sleeping Giant, Pond Ledge 12 |
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| 36 | 36 | | Hill, Onion Mountain, The Sugarloaf, The Hedgehog, West Mountains, 13 |
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| 37 | 37 | | The Knolls, Barndoor Hills, Stony Hill, Manitook Mountain, Rattlesnake 14 |
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| 38 | 38 | | Hill, Durkee Hill, East Hill, Rag Land, Bear Hill, Orenaug Hills; 15 Raised Bill No. 6613 |
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| 39 | 39 | | |
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| 40 | 40 | | |
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| 41 | 41 | | |
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| 42 | 42 | | LCO No. 4642 2 of 10 |
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| 43 | 43 | | |
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| 44 | 44 | | (2) "Amphibolite ridge" means Huckleberry Hill, East Hill, Ratlum 16 |
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| 45 | 45 | | Hill, Mount Hoar, Sweetheart Mountain; 17 |
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| 46 | 46 | | (3) "Ridgeline" means the line on a traprock or amphibolite ridge 18 |
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| 47 | 47 | | created by all points at the top of a fifty per cent slope, which is 19 |
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| 48 | 48 | | maintained for a distance of fifty horizontal feet perpendicular to the 20 |
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| 49 | 49 | | slope and which consists of surficial basalt geology, identified on the 21 |
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| 50 | 50 | | map prepared by Stone et al., United States Geological Survey, entitled 22 |
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| 51 | 51 | | "Surficial Materials Map of Connecticut"; 23 |
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| 52 | 52 | | (4) "Ridgeline setback area" means the area bounded by (A) a line that 24 |
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| 53 | 53 | | parallels the ridgeline at a distance of one hundred fifty feet on the more 25 |
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| 54 | 54 | | wooded side of the ridge, and (B) the contour line where a ridge of less 26 |
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| 55 | 55 | | than fifty per cent is maintained for fifty feet or more on the rockier side 27 |
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| 56 | 56 | | of the slope, mapped pursuant to section 8-2, as amended by this act; 28 |
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| 57 | 57 | | (5) "Development" means the construction, reconstruction, alteration, 29 |
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| 58 | 58 | | or expansion of a building; [and] 30 |
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| 59 | 59 | | (6) "Building" means any structure other than (A) a facility as defined 31 |
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| 60 | 60 | | in section 16-50i or (B) structures of a relatively slender nature compared 32 |
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| 61 | 61 | | to the buildings to which they are associated, including but not limited 33 |
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| 62 | 62 | | to chimneys, flagpoles, antennas, utility poles and steeples; [.] 34 |
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| 63 | 63 | | (7) "Accessory apartment" means a separate living unit that (A) is 35 |
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| 64 | 64 | | located on the same lot as a larger principal dwelling unit, (B) has a 36 |
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| 65 | 65 | | kitchen, (C) has a square footage that is not more than thirty per cent of 37 |
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| 66 | 66 | | the total square footage of the principal dwelling unit, (D) is not billed 38 |
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| 67 | 67 | | separately from the principal dwelling unit for utilities, and (E) complies 39 |
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| 68 | 68 | | with the building code and health and safety regulations; 40 |
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| 69 | 69 | | (8) "Middle housing" includes duplexes, triplexes, quadplexes, 41 |
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| 70 | 70 | | cottage clusters and townhouses; 42 |
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| 71 | 71 | | (9) "Cottage cluster" means a grouping of four or more detached 43 |
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| 72 | 72 | | dwelling units per acre, located around a common open area; and 44 |
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| 73 | 73 | | (10) "Townhouse" means a residential building constructed in a 45 Raised Bill No. 6613 |
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| 74 | 74 | | |
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| 75 | 75 | | |
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| 76 | 76 | | |
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| 77 | 77 | | LCO No. 4642 3 of 10 |
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| 78 | 78 | | |
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| 79 | 79 | | grouping of three or more attached units, each of which shares at least 46 |
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| 80 | 80 | | one common wall with an adjacent unit and has exterior walls on at least 47 |
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| 81 | 81 | | two sides. 48 |
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| 82 | 82 | | Sec. 2. Subsection (a) of section 8-2 of the general statutes is repealed 49 |
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| 83 | 83 | | and the following is substituted in lieu thereof (Effective October 1, 2021): 50 |
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| 84 | 84 | | (a) The zoning commission of each city, town or borough is 51 |
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| 85 | 85 | | authorized to regulate, within the limits of such municipality, the 52 |
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| 86 | 86 | | height, number of stories and size of buildings and other structures; the 53 |
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| 87 | 87 | | percentage of the area of the lot that may be occupied; the size of yards, 54 |
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| 88 | 88 | | courts and other open spaces; the density of population and the location 55 |
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| 89 | 89 | | and use of buildings, structures and land for trade, industry, residence 56 |
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| 90 | 90 | | or other purposes, including water-dependent uses, as defined in 57 |
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| 91 | 91 | | section 22a-93, and the height, size, location, brightness and 58 |
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| 92 | 92 | | illumination of advertising signs and billboards. Such bulk regulations 59 |
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| 93 | 93 | | may allow for cluster development, as defined in section 8-18. Such 60 |
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| 94 | 94 | | zoning commission may divide the municipality into districts of such 61 |
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| 95 | 95 | | number, shape and area as may be best suited to carry out the purposes 62 |
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| 96 | 96 | | of this chapter; and, within such districts, it may regulate the erection, 63 |
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| 97 | 97 | | construction, reconstruction, alteration or use of buildings or structures 64 |
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| 98 | 98 | | and the use of land. All such regulations shall be uniform for each class 65 |
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| 99 | 99 | | or kind of buildings, structures or use of land throughout each district, 66 |
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| 100 | 100 | | but the regulations in one district may differ from those in another 67 |
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| 101 | 101 | | district, and may provide that certain classes or kinds of buildings, 68 |
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| 102 | 102 | | structures or uses of land are permitted only after obtaining a special 69 |
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| 103 | 103 | | permit or special exception from a zoning commission, planning 70 |
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| 104 | 104 | | commission, combined planning and zoning commission or zoning 71 |
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| 105 | 105 | | board of appeals, whichever commission or board the regulations may, 72 |
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| 106 | 106 | | notwithstanding any special act to the contrary, designate, subject to 73 |
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| 107 | 107 | | standards set forth in the regulations and to conditions necessary to 74 |
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| 108 | 108 | | protect the public health, safety, convenience and property values. Such 75 |
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| 109 | 109 | | regulations shall be made in accordance with a comprehensive plan and 76 |
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| 110 | 110 | | in adopting such regulations the commission shall consider the plan of 77 |
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| 111 | 111 | | conservation and development prepared under section 8-23. Such 78 |
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| 112 | 112 | | regulations shall be designed to lessen congestion in the streets; to 79 Raised Bill No. 6613 |
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| 113 | 113 | | |
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| 114 | 114 | | |
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| 115 | 115 | | |
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| 116 | 116 | | LCO No. 4642 4 of 10 |
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| 117 | 117 | | |
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| 118 | 118 | | secure safety from fire, panic, flood and other dangers; to promote 80 |
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| 119 | 119 | | health and the general welfare; to provide adequate light and air; to 81 |
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| 120 | 120 | | prevent the overcrowding of land; to avoid undue concentration of 82 |
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| 121 | 121 | | population and to facilitate the adequate provision for transportation, 83 |
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| 122 | 122 | | water, sewerage, schools, parks and other public requirements. Such 84 |
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| 123 | 123 | | regulations shall be made with reasonable consideration as to the 85 |
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| 124 | 124 | | character of the district and its peculiar suitability for particular uses 86 |
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| 125 | 125 | | and with a view to conserving the value of buildings and encouraging 87 |
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| 126 | 126 | | the most appropriate use of land throughout such municipality. Such 88 |
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| 127 | 127 | | regulations may, to the extent consistent with soil types, terrain, 89 |
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| 128 | 128 | | infrastructure capacity and the plan of conservation and development 90 |
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| 129 | 129 | | for the community, provide for cluster development, as defined in 91 |
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| 130 | 130 | | section 8-18, in residential zones. Such regulations shall also encourage 92 |
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| 131 | 131 | | the development of housing opportunities, including opportunities for 93 |
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| 132 | 132 | | [multifamily dwellings, consistent with soil types, terrain and 94 |
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| 133 | 133 | | infrastructure capacity] (1) accessory apartments, which shall be 95 |
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| 134 | 134 | | permitted as of right in accordance with section 3 of this act, and (2) 96 |
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| 135 | 135 | | middle housing and multifamily dwellings containing four or more 97 |
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| 136 | 136 | | dwelling units, which shall be permitted as of right in accordance with 98 |
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| 137 | 137 | | section 4 of this act, for all residents of the municipality and the planning 99 |
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| 138 | 138 | | region in which the municipality is located, as designated by the 100 |
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| 139 | 139 | | Secretary of the Office of Policy and Management under section 16a-4a. 101 |
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| 140 | 140 | | Such regulations shall also promote housing choice and economic 102 |
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| 141 | 141 | | diversity in housing, including housing for both low and moderate 103 |
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| 142 | 142 | | income households, and shall encourage the development of housing 104 |
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| 143 | 143 | | which will meet the housing needs identified in the state's consolidated 105 |
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| 144 | 144 | | plan for housing and community development prepared pursuant to 106 |
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| 145 | 145 | | section 8-37t and in the housing component and the other components 107 |
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| 146 | 146 | | of the state plan of conservation and development prepared pursuant to 108 |
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| 147 | 147 | | section 16a-26. Zoning regulations shall be made with reasonable 109 |
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| 148 | 148 | | consideration for their impact on agriculture, as defined in subsection 110 |
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| 149 | 149 | | (q) of section 1-1. Zoning regulations may be made with reasonable 111 |
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| 150 | 150 | | consideration for the protection of historic factors and shall be made 112 |
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| 151 | 151 | | with reasonable consideration for the protection of existing and 113 |
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| 152 | 152 | | potential public surface and ground drinking water supplies. On and 114 Raised Bill No. 6613 |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | |
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| 156 | 156 | | LCO No. 4642 5 of 10 |
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| 157 | 157 | | |
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| 158 | 158 | | after July 1, 1985, the regulations shall provide that proper provision be 115 |
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| 159 | 159 | | made for soil erosion and sediment control pursuant to section 22a-329. 116 |
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| 160 | 160 | | Such regulations may also encourage energy-efficient patterns of 117 |
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| 161 | 161 | | development, the use of solar and other renewable forms of energy, and 118 |
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| 162 | 162 | | energy conservation. The regulations may also provide for incentives 119 |
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| 163 | 163 | | for developers who use passive solar energy techniques, as defined in 120 |
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| 164 | 164 | | subsection (b) of section 8-25, in planning a residential subdivision 121 |
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| 165 | 165 | | development. The incentives may include, but not be limited to, cluster 122 |
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| 166 | 166 | | development, higher density development and performance standards 123 |
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| 167 | 167 | | for roads, sidewalks and underground facilities in the subdivision. Such 124 |
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| 168 | 168 | | regulations may provide for a municipal system for the creation of 125 |
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| 169 | 169 | | development rights and the permanent transfer of such development 126 |
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| 170 | 170 | | rights, which may include a system for the variance of density limits in 127 |
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| 171 | 171 | | connection with any such transfer. Such regulations may also provide 128 |
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| 172 | 172 | | for notice requirements in addition to those required by this chapter. 129 |
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| 173 | 173 | | Such regulations may provide for conditions on operations to collect 130 |
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| 174 | 174 | | spring water or well water, as defined in section 21a-150, including the 131 |
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| 175 | 175 | | time, place and manner of such operations. No such regulations shall 132 |
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| 176 | 176 | | prohibit the operation of any family child care home or group child care 133 |
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| 177 | 177 | | home in a residential zone. No such regulations shall prohibit the use of 134 |
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| 178 | 178 | | receptacles for the storage of items designated for recycling in 135 |
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| 179 | 179 | | accordance with section 22a-241b or require that such receptacles 136 |
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| 180 | 180 | | comply with provisions for bulk or lot area, or similar provisions, except 137 |
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| 181 | 181 | | provisions for side yards, rear yards and front yards. No such 138 |
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| 182 | 182 | | regulations shall unreasonably restrict access to or the size of such 139 |
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| 183 | 183 | | receptacles for businesses, given the nature of the business and the 140 |
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| 184 | 184 | | volume of items designated for recycling in accordance with section 22a-141 |
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| 185 | 185 | | 241b, that such business produces in its normal course of business, 142 |
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| 186 | 186 | | provided nothing in this section shall be construed to prohibit such 143 |
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| 187 | 187 | | regulations from requiring the screening or buffering of such receptacles 144 |
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| 188 | 188 | | for aesthetic reasons. Such regulations shall not impose conditions and 145 |
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| 189 | 189 | | requirements on manufactured homes having as their narrowest 146 |
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| 190 | 190 | | dimension twenty-two feet or more and built in accordance with federal 147 |
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| 191 | 191 | | manufactured home construction and safety standards or on lots 148 |
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| 192 | 192 | | containing such manufactured homes which are substantially different 149 Raised Bill No. 6613 |
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| 193 | 193 | | |
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| 194 | 194 | | |
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| 195 | 195 | | |
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| 196 | 196 | | LCO No. 4642 6 of 10 |
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| 197 | 197 | | |
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| 198 | 198 | | from conditions and requirements imposed on single-family dwellings 150 |
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| 199 | 199 | | and lots containing single-family dwellings. Such regulations shall not 151 |
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| 200 | 200 | | impose conditions and requirements on developments to be occupied 152 |
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| 201 | 201 | | by manufactured homes having as their narrowest dimension twenty-153 |
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| 202 | 202 | | two feet or more and built in accordance with federal manufactured 154 |
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| 203 | 203 | | home construction and safety standards which are substantially 155 |
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| 204 | 204 | | different from conditions and requirements imposed on multifamily 156 |
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| 205 | 205 | | dwellings, lots containing multifamily dwellings, cluster developments 157 |
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| 206 | 206 | | or planned unit developments. Such regulations shall not prohibit the 158 |
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| 207 | 207 | | continuance of any nonconforming use, building or structure existing at 159 |
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| 208 | 208 | | the time of the adoption of such regulations or require a special permit 160 |
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| 209 | 209 | | or special exception for any such continuance. Such regulations shall not 161 |
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| 210 | 210 | | provide for the termination of any nonconforming use solely as a result 162 |
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| 211 | 211 | | of nonuse for a specified period of time without regard to the intent of 163 |
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| 212 | 212 | | the property owner to maintain that use. Such regulations shall not 164 |
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| 213 | 213 | | terminate or deem abandoned a nonconforming use, building or 165 |
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| 214 | 214 | | structure unless the property owner of such use, building or structure 166 |
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| 215 | 215 | | voluntarily discontinues such use, building or structure and such 167 |
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| 216 | 216 | | discontinuance is accompanied by an intent to not reestablish such use, 168 |
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| 217 | 217 | | building or structure. The demolition or deconstruction of a 169 |
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| 218 | 218 | | nonconforming use, building or structure shall not by itself be evidence 170 |
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| 219 | 219 | | of such property owner's intent to not reestablish such use, building or 171 |
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| 220 | 220 | | structure. Unless such town opts out, in accordance with the provisions 172 |
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| 221 | 221 | | of subsection (j) of section 8-1bb, such regulations shall not prohibit the 173 |
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| 222 | 222 | | installation of temporary health care structures for use by mentally or 174 |
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| 223 | 223 | | physically impaired persons in accordance with the provisions of 175 |
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| 224 | 224 | | section 8-1bb if such structures comply with the provisions of said 176 |
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| 225 | 225 | | section. Any city, town or borough which adopts the provisions of this 177 |
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| 226 | 226 | | chapter may, by vote of its legislative body, exempt municipal property 178 |
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| 227 | 227 | | from the regulations prescribed by the zoning commission of such city, 179 |
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| 228 | 228 | | town or borough; but unless it is so voted municipal property shall be 180 |
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| 229 | 229 | | subject to such regulations. 181 |
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| 230 | 230 | | Sec. 3. (NEW) (Effective October 1, 2021) (a) Any zoning regulations 182 |
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| 231 | 231 | | adopted pursuant to section 8-2 of the general statutes, as amended by 183 Raised Bill No. 6613 |
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| 232 | 232 | | |
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| 233 | 233 | | |
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| 234 | 234 | | |
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| 235 | 235 | | LCO No. 4642 7 of 10 |
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| 236 | 236 | | |
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| 237 | 237 | | this act, shall: 184 |
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| 238 | 238 | | (1) Designate locations within the municipality in which accessory 185 |
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| 239 | 239 | | apartments are allowed, provided at least one accessory apartment shall 186 |
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| 240 | 240 | | be allowed as of right on each lot that contains a single-family dwelling 187 |
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| 241 | 241 | | and no such accessory apartment shall be required to be an affordable 188 |
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| 242 | 242 | | accessory apartment; 189 |
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| 243 | 243 | | (2) Allow accessory apartments to be attached to or located within the 190 |
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| 244 | 244 | | proposed or existing principal dwelling, or detached from the proposed 191 |
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| 245 | 245 | | or existing principal dwelling and located on the same lot as such 192 |
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| 246 | 246 | | dwelling; 193 |
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| 247 | 247 | | (3) Set a maximum net floor area for an accessory apartment of not 194 |
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| 248 | 248 | | less than thirty per cent of the net floor area of the principal dwelling, or 195 |
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| 249 | 249 | | one thousand square feet, whichever is less, except that such regulations 196 |
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| 250 | 250 | | may allow a larger net floor area for such apartments; 197 |
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| 251 | 251 | | (4) Require setbacks, lot size and building frontage less than or equal 198 |
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| 252 | 252 | | to that which is required for the principal dwelling; 199 |
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| 253 | 253 | | (5) Provide for height, landscaping and architectural design 200 |
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| 254 | 254 | | standards that do not exceed any such standards as they are applied to 201 |
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| 255 | 255 | | single-family dwellings in the municipality; 202 |
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| 256 | 256 | | (6) Be prohibited from requiring (A) a passageway between any such 203 |
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| 257 | 257 | | accessory apartment and any such principal dwelling, (B) an exterior 204 |
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| 258 | 258 | | door for any such accessory apartment, except as required by the 205 |
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| 259 | 259 | | applicable building or fire code, (C) more than one parking space for 206 |
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| 260 | 260 | | any such accessory apartment, or fees in lieu of parking otherwise 207 |
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| 261 | 261 | | allowed by section 8-2c of the general statutes, (D) a familial, marital or 208 |
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| 262 | 262 | | employment relationship between occupants of the principal dwelling 209 |
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| 263 | 263 | | and accessory apartment, (E) age restrictions with respect to occupants 210 |
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| 264 | 264 | | of the accessory apartment, (F) separate billing of utilities otherwise 211 |
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| 265 | 265 | | connected to, or used by, the principal dwelling unit, or (G) periodic 212 |
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| 266 | 266 | | renewals for permits for such accessory apartments; and 213 Raised Bill No. 6613 |
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| 267 | 267 | | |
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| 268 | 268 | | |
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| 269 | 269 | | |
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| 270 | 270 | | LCO No. 4642 8 of 10 |
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| 271 | 271 | | |
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| 272 | 272 | | (7) Be interpreted and enforced such that nothing in this section shall 214 |
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| 273 | 273 | | be in derogation of the applicable building code or other requirements 215 |
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| 274 | 274 | | applicable where a private sewerage system is being used, provided 216 |
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| 275 | 275 | | approval for any such accessory apartment shall not be unreasonably 217 |
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| 276 | 276 | | withheld. 218 |
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| 277 | 277 | | (b) The as of right permit application and review process for approval 219 |
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| 278 | 278 | | of accessory apartments shall require that a decision on any such 220 |
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| 279 | 279 | | application be rendered not later than sixty-five days after receipt of 221 |
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| 280 | 280 | | such application by the applicable zoning commission, except that an 222 |
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| 281 | 281 | | applicant may consent to one or more extensions of not more than an 223 |
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| 282 | 282 | | additional sixty-five days or may withdraw such application. 224 |
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| 283 | 283 | | (c) No municipality shall (1) condition the approval of an accessory 225 |
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| 284 | 284 | | apartment on the correction of a nonconforming use, or (2) require the 226 |
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| 285 | 285 | | installation of fire sprinklers in an accessory apartment if such 227 |
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| 286 | 286 | | sprinklers are not required for the principal dwelling located on the 228 |
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| 287 | 287 | | same lot or otherwise required by the fire code. 229 |
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| 288 | 288 | | (d) No municipality, special district, sewer or water authority shall 230 |
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| 289 | 289 | | (1) consider an accessory apartment to be a new residential use for the 231 |
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| 290 | 290 | | purposes of calculating connection fees or capacity charges for utilities, 232 |
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| 291 | 291 | | including water and sewer service, unless such accessory apartment 233 |
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| 292 | 292 | | was constructed with a new single-family dwelling on the same lot, or 234 |
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| 293 | 293 | | (2) require the installation of a new or separate utility connection 235 |
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| 294 | 294 | | directly to an accessory apartment or impose a related connection fee or 236 |
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| 295 | 295 | | capacity charge. 237 |
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| 296 | 296 | | (e) If a municipality fails to adopt new regulations or amend existing 238 |
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| 297 | 297 | | regulations to comply with the provisions of this section, any 239 |
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| 298 | 298 | | noncompliant existing regulation shall become null and void and such 240 |
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| 299 | 299 | | municipality shall approve or deny applications for accessory 241 |
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| 300 | 300 | | apartments in accordance with the requirements for regulations set 242 |
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| 301 | 301 | | forth in the provisions of this section until such municipality adopts or 243 |
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| 302 | 302 | | amends a regulation in compliance with this section. No municipality 244 |
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| 303 | 303 | | shall use or impose additional standards beyond those set forth in this 245 Raised Bill No. 6613 |
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| 304 | 304 | | |
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| 305 | 305 | | |
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| 306 | 306 | | |
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| 307 | 307 | | LCO No. 4642 9 of 10 |
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| 308 | 308 | | |
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| 309 | 309 | | section. 246 |
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| 310 | 310 | | Sec. 4. (NEW) (Effective October 1, 2021) (a) Any zoning regulations 247 |
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| 311 | 311 | | adopted pursuant to section 8-2 of the general statutes, as amended by 248 |
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| 312 | 312 | | this act, shall allow, as of right, two or more types of middle housing or 249 |
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| 313 | 313 | | multifamily housing containing four or more dwelling units in at least 250 |
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| 314 | 314 | | fifty per cent of the lot area within a one-quarter mile radius of the 251 |
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| 315 | 315 | | primary commercial center in any municipality with one or more 252 |
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| 316 | 316 | | commercial centers or a population of seven thousand five hundred or 253 |
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| 317 | 317 | | more. 254 |
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| 318 | 318 | | (b) The calculation of lot area described in subsection (a) of this 255 |
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| 319 | 319 | | section shall include the square footage of total lot area, excluding 256 |
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| 320 | 320 | | roadways, sidewalks, railways, regulated inland wetlands and 257 |
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| 321 | 321 | | watercourses, slopes of fifteen per cent or more in grade change within 258 |
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| 322 | 322 | | a lot, ledges, tidal wetlands and other coastal resources. 259 |
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| 323 | 323 | | (c) Any housing allowed pursuant to subsection (a) of this section that 260 |
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| 324 | 324 | | includes ten or more residential units shall set aside at least ten per cent 261 |
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| 325 | 325 | | of such residential units as assisted housing, as defined in section 8-30g 262 |
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| 326 | 326 | | of the general statutes. 263 |
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| 327 | 327 | | (d) The as of right permit application and review process for approval 264 |
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| 328 | 328 | | of housing described in this section shall require that a decision on any 265 |
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| 329 | 329 | | such application be rendered not later than sixty-five days after receipt 266 |
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| 330 | 330 | | of such application by the zoning commission, except that an applicant 267 |
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| 331 | 331 | | may consent to one or more extensions of an additional sixty-five days 268 |
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| 332 | 332 | | or may withdraw such application. 269 |
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| 333 | 333 | | (e) No municipality shall condition the approval of middle housing 270 |
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| 334 | 334 | | or multifamily housing on the correction of a nonconforming use. 271 |
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| 335 | 335 | | (f) If a municipality fails to adopt new regulations or amend existing 272 |
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| 336 | 336 | | regulations to comply with the provisions of this section, any 273 |
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| 337 | 337 | | noncompliant existing regulation shall become null and void and such 274 |
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| 338 | 338 | | municipality shall approve or deny applications for middle housing or 275 |
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| 339 | 339 | | multifamily housing in accordance with the requirements for 276 Raised Bill No. 6613 |
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| 340 | 340 | | |
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| 341 | 341 | | |
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| 342 | 342 | | |
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| 343 | 343 | | LCO No. 4642 10 of 10 |
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| 344 | 344 | | |
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| 345 | 345 | | regulations set forth in the provisions of this section until such 277 |
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| 346 | 346 | | municipality adopts or amends a regulation in compliance with this 278 |
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| 347 | 347 | | section. No municipality shall use or impose additional standards 279 |
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| 348 | 348 | | beyond those set forth in this section. 280 |
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| 349 | 349 | | This act shall take effect as follows and shall amend the following |
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| 350 | 350 | | sections: |
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| 351 | 351 | | |
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| 352 | 352 | | Section 1 October 1, 2021 8-1aa |
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| 353 | 353 | | Sec. 2 October 1, 2021 8-2(a) |
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| 354 | 354 | | Sec. 3 October 1, 2021 New section |
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| 355 | 355 | | Sec. 4 October 1, 2021 New section |
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| 356 | 356 | | |
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| 357 | 357 | | Statement of Purpose: |
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| 358 | 358 | | To require municipal zoning commissions to adopt regulations allowing |
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| 359 | 359 | | accessory apartments, middle housing and multifamily housing. |
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| 360 | 360 | | [Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except |
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| 361 | 361 | | that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not |
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| 362 | 362 | | underlined.] |
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| 363 | 363 | | |
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