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General Assembly Substitute Bill No. 5392
February Session, 2024
AN ACT EXEMPTING CERTAIN VACANT LOTS FROM
CONFORMANCE WITH CHANGES IN ZONING REGULATIONS.
Be it enacted by the Senate and House of Representatives in General
Assembly convened:
Section 1. Subsection (b) of section 8-26a of the general statutes is 1
repealed and the following is substituted in lieu thereof (Effective October 2
1, 2024): 3
(b) (1) Notwithstanding the provisions of any general or special act 4
or local ordinance, when a change is adopted in the zoning regulations 5
or boundaries of zoning districts of any town, city or borough, no lot or 6
lots shown on a subdivision or resubdivision plan for residential 7
property which has been approved, prior to the effective date of such 8
change, by the planning commission of such town, city or borough, or 9
other body exercising the powers of such commission, and filed or 10
recorded with the town clerk, shall be required to conform to such 11
change. 12
(2) (A) Any construction on a vacant lot shown on a subdivision or 13
resubdivision plan approved before, on or after June 1, 2004, shall not 14
be required to conform to a change in the zoning regulations or 15
boundaries of zoning districts in a town, city or borough adopted after 16
the approval of the subdivision or resubdivision. Notwithstanding 17
subdivision (1) of this subsection, any construction on an improved lot 18
shown on a subdivision or resubdivision plan approved before, on or 19 Substitute Bill No. 5392
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after June 1, 2004, shall be required to conform to a zoning change 20
adopted subsequent to said lot becoming an improved lot. 21
(B) Notwithstanding the provisions of subsection (a) of section 8-25 22
and subsection (a) of section 8-26, any vacant lot that is depicted on a 23
subdivision or resubdivision plan that has been recorded on or before 24
October 1, 2024, in the land records of the municipality in which such 25
vacant lot is located, if the recorded chain of title for such vacant lot 26
references such subdivision or resubdivision plan, shall not be required 27
to conform to a change in the zoning regulations or the boundaries of 28
zoning districts in such municipality that is adopted after the approval 29
or recording of the subdivision or resubdivision plan. 30
(C) Notwithstanding the provisions of subsection (a) of section 8-25 31
and subsection (a) of section 8-26, any vacant lot that is depicted on a 32
subdivision or resubdivision plan that, prior to the adoption of zoning 33
regulations, has been recorded on or before October 1, 2024, in the land 34
records of the municipality in which such vacant lot is located, shall not 35
be required to conform to a change in the zoning regulations or the 36
boundaries of zoning districts in such municipality that is adopted after 37
the approval or recording of the subdivision or resubdivision plan if 38
such vacant lot conformed at any time with any zoning regulations that 39
would have applied to such vacant lot if such vacant lot was depicted 40
on a subdivision or resubdivision plan recorded after the adoption of 41
zoning regulations. 42
[(B)] (D) For purposes of this subsection, (i) a lot shall be deemed 43
vacant until the date a building permit is issued with respect thereto and 44
a foundation has been completed in accordance with such building 45
permit but shall not be deemed vacant if any structures on such lot are 46
subsequently demolished, and (ii) a lot shall be deemed improved after 47
the date a building permit is issued with respect thereto and a 48
foundation has been completed in accordance with such building 49
permit. 50
(3) This subsection shall not alter or affect a nonconforming use or 51 Substitute Bill No. 5392
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structure as provided in section 8-2. 52
This act shall take effect as follows and shall amend the following
sections:
Section 1 October 1, 2024 8-26a(b)
Statement of Legislative Commissioners:
In Subdivs. (2)(B) and (2)(C), "or" was changed to "and" for accuracy.
PD Joint Favorable Subst. -LCO