Connecticut 2025 Regular Session

Connecticut House Bill HB07061 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2	2
3		-	LCO 4773 1 of 6
	3	+	LCO No. 4773 1 of 7
4	4
5	5		General Assembly Raised Bill No. 7061
6	6		January Session, 2025
7	7		LCO No. 4773
8	8
9	9
10		-	Referred to Committee on PLANNING AND
11		-	DEVELOPMENT
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
12	11
13	12
14	13		Introduced by:
15	14		(PD)
	15	+
16	16
17	17
18	18
19	19		AN ACT CONCERNING MANDATORY MINIMUM PARKING
20	20		REQUIREMENTS.
21	21		Be it enacted by the Senate and House of Representatives in General
22	22		Assembly convened:
23	23
24	24		Section 1. Subsections (c) and (d) of section 8-2 of the general statutes 1
25	25		are repealed and the following is substituted in lieu thereof (Effective 2
26	26		October 1, 2025): 3
27	27		(c) Zoning regulations adopted pursuant to subsection (a) of this 4
28	28		section may: 5
29	29		(1) To the extent consistent with soil types, terrain and water, sewer 6
30	30		and traffic infrastructure capacity for the community, provide for or 7
31	31		require cluster development, as defined in section 8-18; 8
32	32		(2) Be made with reasonable consideration for the protection of 9
33	33		historic factors; 10
34	34		(3) Require or promote (A) energy-efficient patterns of development; 11
35		-	(B) the use of distributed generation or freestanding solar, wind and 12 Raised Bill No. 7061
	35	+	(B) the use of distributed generation or freestanding solar, wind and 12
	36	+	other renewable forms of energy; (C) combined heat and power; and (D) 13
	37	+	Raised Bill No. 7061
36	38
37	39
38		-	LCO 4773 2 of 6
39	40
40		-	other renewable forms of energy; (C) combined heat and power; and (D) 13
	41	+	LCO No. 4773 2 of 7
	42	+
41	43		energy conservation; 14
42	44		(4) Provide for incentives for developers who use (A) solar and other 15
43	45		renewable forms of energy; (B) combined heat and power; (C) water 16
44	46		conservation, including demand offsets; and (D) energy conservation 17
45	47		techniques, including, but not limited to, cluster development, higher 18
46	48		density development and performance standards for roads, sidewalks 19
47	49		and underground facilities in the subdivision; 20
48	50		(5) Provide for a municipal system for the creation of development 21
49	51		rights and the permanent transfer of such development rights, which 22
50	52		may include a system for the variance of density limits in connection 23
51	53		with any such transfer; 24
52	54		(6) Provide for notice requirements in addition to those required by 25
53	55		this chapter; 26
54	56		(7) Provide for conditions on operations to collect spring water or 27
55	57		well water, as defined in section 21a-150, including the time, place and 28
56	58		manner of such operations; 29
57	59		(8) Provide for floating zones, overlay zones and planned 30
58	60		development districts; 31
59	61		(9) Require estimates of vehicle miles traveled and vehicle trips 32
60	62		generated in lieu of, or in addition to, level of service traffic calculations 33
61	63		to assess (A) the anticipated traffic impact of proposed developments; 34
62	64		and (B) potential mitigation strategies such as [reducing the amount of 35
63	65		required parking for a development or] requiring public sidewalks, 36
64	66		crosswalks, bicycle paths, bicycle racks or bus shelters, including off-37
65	67		site; and 38
66	68		(10) In any municipality where a traprock ridge or an amphibolite 39
67	69		ridge is located, (A) provide for development restrictions in ridgeline 40
68	70		setback areas; and (B) restrict quarrying and clear cutting, except that 41
69		-	the following operations and uses shall be permitted in ridgeline setback 42 Raised Bill No. 7061
	71	+	the following operations and uses shall be permitted in ridgeline setback 42
	72	+	Raised Bill No. 7061
70	73
71	74
72		-	LCO 4773 3 of 6
	75	+
	76	+	LCO No. 4773 3 of 7
73	77
74	78		areas, as of right: (i) Emergency work necessary to protect life and 43
75	79		property; (ii) any nonconforming uses that were in existence and that 44
76	80		were approved on or before the effective date of regulations adopted 45
77	81		pursuant to this section; and (iii) selective timbering, grazing of 46
78	82		domesticated animals and passive recreation. 47
79	83		(d) Zoning regulations adopted pursuant to subsection (a) of this 48
80	84		section shall not: 49
81	85		(1) (A) Prohibit the operation in a residential zone of any family child 50
82	86		care home or group child care home located in a residence, or (B) require 51
83	87		any special zoning permit or special zoning exception for such 52
84	88		operation; 53
85	89		(2) (A) Prohibit the use of receptacles for the storage of items 54
86	90		designated for recycling in accordance with section 22a-241b or require 55
87	91		that such receptacles comply with provisions for bulk or lot area, or 56
88	92		similar provisions, except provisions for side yards, rear yards and front 57
89	93		yards; or (B) unreasonably restrict access to or the size of such 58
90	94		receptacles for businesses, given the nature of the business and the 59
91	95		volume of items designated for recycling in accordance with section 22a-60
92	96		241b, that such business produces in its normal course of business, 61
93	97		provided nothing in this section shall be construed to prohibit such 62
94	98		regulations from requiring the screening or buffering of such receptacles 63
95	99		for aesthetic reasons; 64
96	100		(3) Impose conditions and requirements on manufactured homes, 65
97	101		including mobile manufactured homes, having as their narrowest 66
98	102		dimension twenty-two feet or more and built in accordance with federal 67
99	103		manufactured home construction and safety standards or on lots 68
100	104		containing such manufactured homes, including mobile manufactured 69
101	105		home parks, if those conditions and requirements are substantially 70
102	106		different from conditions and requirements imposed on (A) single-71
103	107		family dwellings; (B) lots containing single-family dwellings; or (C) 72
104	108		multifamily dwellings, lots containing multifamily dwellings, cluster 73
105		-	~~developments or planned unit developments; 74~~ Raised Bill No. 7061
	109	+	Raised Bill No. 7061
106	110
107	111
108		-	LCO 4773 4 of 6
109	112
	113	+	LCO No. 4773 4 of 7
	114	+
	115	+	developments or planned unit developments; 74
110	116		(4) (A) Prohibit the continuance of any nonconforming use, building 75
111	117		or structure existing at the time of the adoption of such regulations; (B) 76
112	118		require a special permit or special exception for any such continuance; 77
113	119		(C) provide for the termination of any nonconforming use solely as a 78
114	120		result of nonuse for a specified period of time without regard to the 79
115	121		intent of the property owner to maintain that use; or (D) terminate or 80
116	122		deem abandoned a nonconforming use, building or structure unless the 81
117	123		property owner of such use, building or structure voluntarily 82
118	124		discontinues such use, building or structure and such discontinuance is 83
119	125		accompanied by an intent to not reestablish such use, building or 84
120	126		structure. The demolition or deconstruction of a nonconforming use, 85
121	127		building or structure shall not by itself be evidence of such property 86
122	128		owner's intent to not reestablish such use, building or structure; 87
123	129		(5) Prohibit the installation, in accordance with the provisions of 88
124	130		section 8-1bb, of temporary health care structures for use by mentally or 89
125	131		physically impaired persons if such structures comply with the 90
126	132		provisions of said section, unless the municipality opts out in 91
127	133		accordance with the provisions of subsection (j) of said section; 92
128	134		(6) Prohibit the operation in a residential zone of any cottage food 93
129	135		operation, as defined in section 21a-62b; 94
130	136		(7) Establish for any dwelling unit a minimum floor area that is 95
131	137		greater than the minimum floor area set forth in the applicable building, 96
132	138		housing or other code; 97
133	139		(8) Place a fixed numerical or percentage cap on the number of 98
134	140		dwelling units that constitute multifamily housing over four units, 99
135	141		middle housing or mixed-use development that may be permitted in the 100
136	142		municipality; 101
137	143		(9) Require [more than one parking space for each studio or one-102
138	144		bedroom dwelling unit or more than two parking spaces for each 103
	145	+	Raised Bill No. 7061
	146	+
	147	+
	148	+
	149	+	LCO No. 4773 5 of 7
	150	+
139	151		dwelling unit with two or more bedrooms, unless the municipality opts 104
140	152		out in accordance with the provisions of section 8-2p] a minimum 105
141		-	number of off-street motor vehicle parking spaces for any development; 106 Raised Bill No. 7061
142		-
143		-
144		-	LCO 4773 5 of 6
145		-
	153	+	number of off-street motor vehicle parking spaces for any development; 106
146	154		or 107
147	155		(10) Be applied to deny any land use application, including for any 108
148	156		site plan approval, special permit, special exception or other zoning 109
149	157		approval, on the basis of (A) a district's character, unless such character 110
150	158		is expressly articulated in such regulations by clear and explicit physical 111
151	159		standards for site work and structures, or (B) the immutable 112
152	160		characteristics, source of income or income level of any applicant or end 113
153	161		user, other than age or disability whenever age-restricted or disability-114
154	162		restricted housing may be permitted. 115
155	163		Sec. 2. Subsection (a) of section 8-2o of the general statutes is repealed 116
156	164		and the following is substituted in lieu thereof (Effective October 1, 2025): 117
157	165		(a) Any zoning regulations adopted pursuant to section 8-2, as 118
158	166		amended by this act, shall: 119
159	167		(1) Designate locations or zoning districts within the municipality in 120
160	168		which accessory apartments are allowed, provided at least one 121
161	169		accessory apartment shall be allowed as of right on each lot that contains 122
162	170		a single-family dwelling and no such accessory apartment shall be 123
163	171		required to be an affordable accessory apartment; 124
164	172		(2) Allow accessory apartments to be attached to or located within the 125
165	173		proposed or existing principal dwelling, or detached from the proposed 126
166	174		or existing principal dwelling and located on the same lot as such 127
167	175		dwelling; 128
168	176		(3) Set a maximum net floor area for an accessory apartment of not 129
169	177		less than thirty per cent of the net floor area of the principal dwelling, or 130
170	178		one thousand square feet, whichever is less, except that such regulations 131
171	179		may allow a larger net floor area for such apartments; 132
	180	+	Raised Bill No. 7061
	181	+
	182	+
	183	+
	184	+	LCO No. 4773 6 of 7
	185	+
172	186		(4) Require setbacks, lot size and building frontage less than or equal 133
173	187		to that which is required for the principal dwelling, and require lot 134
174	188		coverage greater than or equal to that which is required for the principal 135
175		-	dwelling; 136 Raised Bill No. 7061
176		-
177		-
178		-	LCO 4773 6 of 6
179		-
	189	+	dwelling; 136
180	190		(5) Provide for height, landscaping and architectural design 137
181	191		standards that do not exceed any such standards as they are applied to 138
182	192		single-family dwellings in the municipality; 139
183	193		(6) Be prohibited from requiring (A) a passageway between any such 140
184	194		accessory apartment and any such principal dwelling, (B) an exterior 141
185	195		door for any such accessory apartment, except as required by the 142
186	196		applicable building or fire code, (C) [any more than one parking space 143
187	197		for any such accessory apartment, or fees in lieu of parking otherwise 144
188	198		allowed by section 8-2c, (D)] a familial, marital or employment 145
189	199		relationship between occupants of the principal dwelling and accessory 146
190	200		apartment, [(E)] (D) a minimum age for occupants of the accessory 147
191	201		apartment, [(F)] (E) separate billing of utilities otherwise connected to, 148
192	202		or used by, the principal dwelling unit, or [(G)] (F) periodic renewals for 149
193	203		permits for such accessory apartments; and 150
194	204		(7) Be interpreted and enforced such that nothing in this section shall 151
195	205		be in derogation of (A) applicable building code requirements, (B) the 152
196	206		ability of a municipality to prohibit or limit the use of accessory 153
197	207		apartments for short-term rentals or vacation stays, or (C) other 154
198	208		requirements where a well or private sewerage system is being used, 155
199	209		provided approval for any such accessory apartment shall not be 156
200	210		unreasonably withheld. 157
201	211		Sec. 3. Sections 8-2c and 8-2p of the general statutes are repealed. 158
202	212		(Effective October 1, 2025) 159
203	213		This act shall take effect as follows and shall amend the following
204	214		sections:
205	215
206	216		Section 1 October 1, 2025 8-2(c) and (d)
	217	+	Raised Bill No. 7061
	218	+
	219	+
	220	+
	221	+	LCO No. 4773 7 of 7
	222	+
207	223		Sec. 2 October 1, 2025 8-2o(a)
208	224		Sec. 3 October 1, 2025 Repealer section
209	225
210		-	PD Joint Favorable
	226	+	Statement of Purpose:
	227	+	To prohibit the imposition of mandatory minimum parking
	228	+	requirements for any development in a municipality.
	229	+
	230	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	231	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	232	+	underlined.]
211	233