Connecticut 2025 Regular Session

Connecticut House Bill HB07148 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
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3		-	LCO 1 of 5
	3	+	LCO No. 5012 1 of 3
4	4
5		-	General Assembly ~~Substitute~~ Bill No. 7148
	5	+	General Assembly Raised Bill No. 7148
6	6		January Session, 2025
	7	+	LCO No. 5012
	8	+
	9	+
	10	+	Referred to Committee on PLANNING AND DEVELOPMENT
	11	+
	12	+
	13	+	Introduced by:
	14	+	(PD)
7	15
8	16
9	17
10	18
11		-
12		-	~~AN ACT CONCERNING ACCESSORY~~ COMMERCIAL ~~UNITS~~.
	19	+	AN ACT CONCERNING RESIDENTIAL AND MIXED -USE
	20	+	DEVELOPMENTS IN COMMERCIAL ZONES.
13	21		Be it enacted by the Senate and House of Representatives in General
14	22		Assembly convened:
15	23
16		-	Section 1. Subsection (b) of section 8-1a of the general statutes is 1
	24	+	Section 1. Subsection (b) of section 8-2 of the general statutes is 1
17	25		repealed and the following is substituted in lieu thereof (Effective October 2
18	26		1, 2025): 3
19		-	(b) As used in this chapter: 4
20		-	(1) "Accessory apartment" means a separate dwelling unit that (A) is 5
21		-	located on the same lot as a principal dwelling unit of greater square 6
22		-	footage, (B) has cooking facilities, and (C) complies with or is otherwise 7
23		-	exempt from any applicable building code, fire code and health and 8
24		-	safety regulations; 9
25		-	(2) "Accessory commercial unit" means a structure, or portion thereof, 10
26		-	which is occupied, is designed to be occupied or is rented, leased or 11
27		-	hired out to be occupied, for commercial use, provided such use is 12
28		-	accessory to an existing residential use on the same lot; 13
29		-	[(2)] (3) "Affordable accessory apartment" means an accessory 14
30		-	apartment that is subject to binding recorded deeds which contain 15
31		-	covenants or restrictions that require such accessory apartment be sold 16
32		-	or rented at, or below, prices that will preserve the unit as housing for 17 Substitute Bill No. 7148
	27	+	(b) Zoning regulations adopted pursuant to subsection (a) of this 4
	28	+	section shall: 5
	29	+	(1) Be made in accordance with a comprehensive plan and in 6
	30	+	consideration of the plan of conservation and development adopted 7
	31	+	under section 8-23; 8
	32	+	(2) Be designed to (A) lessen congestion in the streets; (B) secure 9
	33	+	safety from fire, panic, flood and other dangers; (C) promote health and 10
	34	+	the general welfare; (D) provide adequate light and air; (E) protect the 11
	35	+	state's historic, tribal, cultural and environmental resources; (F) facilitate 12
	36	+	the adequate provision for transportation, water, sewerage, schools, 13
	37	+	parks and other public requirements; (G) consider the impact of 14
	38	+	Raised Bill No. 7148
33	39
34	40
35		-	LCO 2 of 5
36	41
37		-	which, for a period of not less than ten years, persons and families pay 18
38		-	thirty per cent or less of income, where such income is less than or equal 19
39		-	to eighty per cent of the median income; 20
40		-	[(3)] (4) "As of right" or "as-of-right" means able to be approved in 21
41		-	accordance with the terms of a zoning regulation or regulations and 22
42		-	without requiring that a public hearing be held, a variance, special 23
43		-	permit or special exception be granted or some other discretionary 24
44		-	zoning action be taken, other than a determination that a site plan is in 25
45		-	conformance with applicable zoning regulations; 26
46		-	[(4)] (5) "Cottage cluster" means a grouping of at least four detached 27
47		-	housing units, or live work units, per acre that are located around a 28
48		-	common open area; 29
49		-	[(5)] (6) "Live work unit" means a building or a space within a 30
50		-	building used for both commercial and residential purposes by an 31
51		-	individual residing within such building or space; 32
52		-	[(6)] (7) "Middle housing" means duplexes, triplexes, quadplexes, 33
53		-	cottage clusters and townhouses; 34
54		-	[(7)] (8) "Mixed-use development" means a development containing 35
55		-	both residential and nonresidential uses in any single building; and 36
56		-	[(8)] (9) "Townhouse" means a residential building constructed in a 37
57		-	grouping of three or more attached units, each of which shares at least 38
58		-	one common wall with an adjacent unit and has exterior walls on at least 39
59		-	two sides. 40
60		-	Sec. 2. (NEW) (Effective October 1, 2025) (a) Any zoning regulations 41
61		-	adopted pursuant to section 8-2 of the general statutes shall: 42
62		-	(1) Designate areas or zoning districts within not less than thirty-43
63		-	three per cent of the total land area zoned for residential use in the 44
64		-	municipality as areas or districts in which not less than one accessory 45
65		-	commercial unit shall be allowed per lot as of right; 46 Substitute Bill No. 7148
	42	+	LCO No. 5012 2 of 3
	43	+
	44	+	permitted land uses on contiguous municipalities and on the planning 15
	45	+	region, as defined in section 4-124i, in which such municipality is 16
	46	+	located; (H) address significant disparities in housing needs and access 17
	47	+	to educational, occupational and other opportunities; (I) promote 18
	48	+	efficient review of proposals and applications; and (J) affirmatively 19
	49	+	further the purposes of the federal Fair Housing Act, 42 USC 3601 et 20
	50	+	seq., as amended from time to time; 21
	51	+	(3) Be drafted with reasonable consideration as to the physical site 22
	52	+	characteristics of the district and its peculiar suitability for particular 23
	53	+	uses and with a view to encouraging the most appropriate use of land 24
	54	+	throughout a municipality; 25
	55	+	(4) Provide for the development of housing opportunities, including 26
	56	+	opportunities for multifamily dwellings, consistent with soil types, 27
	57	+	terrain and infrastructure capacity, for all residents of the municipality 28
	58	+	and the planning region in which the municipality is located, as 29
	59	+	designated by the Secretary of the Office of Policy and Management 30
	60	+	under section 16a-4a; 31
	61	+	(5) Promote housing choice and economic diversity in housing, 32
	62	+	including housing for both low and moderate income households; 33
	63	+	(6) Expressly allow the development of housing which will meet the 34
	64	+	housing needs identified in the state's consolidated plan for housing and 35
	65	+	community development prepared pursuant to section 8-37t and in the 36
	66	+	housing component and the other components of the state plan of 37
	67	+	conservation and development prepared pursuant to section 16a-26; 38
	68	+	(7) Be made with reasonable consideration for the impact of such 39
	69	+	regulations on agriculture, as defined in subsection (q) of section 1-1; 40
	70	+	(8) Provide that proper provisions be made for soil erosion and 41
	71	+	sediment control pursuant to section 22a-329; 42
	72	+	(9) Be made with reasonable consideration for the protection of 43
	73	+	Raised Bill No. 7148
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67	75
68		-	LCO 3 of 5
69	76
70		-	(2) Allow one or more accessory commercial units to be constructed 47
71		-	(A) within the building envelope of a residential property, as defined in 48
72		-	section 7-148hh of the general statutes, or an existing detached structure 49
73		-	accessory to such residential property, or (B) on a lot that contains a 50
74		-	residential property, whether such accessory commercial unit is 51
75		-	attached to or detached from such property. An accessory commercial 52
76		-	unit constructed pursuant to subparagraph (B) of this subdivision shall 53
77		-	be exempt from any setback or lot coverage restriction adopted by the 54
78		-	municipality; 55
79		-	(3) Prohibit an accessory commercial unit from containing a drive-56
80		-	through facility or being used to sell takeaway alcoholic beverages, 57
81		-	tobacco products, cannabis products or smoking paraphernalia; 58
82		-	(4) Not impose height, landscaping or architectural design standards 59
83		-	concerning accessory commercial units that exceed any such standards 60
84		-	applicable to a single-family dwelling in the municipality; 61
85		-	(5) Not restrict the (A) potential commercial or light industrial uses 62
86		-	of an accessory commercial unit, (B) ability of members of the public to 63
87		-	visit any business operating in an accessory commercial unit, or (C) 64
88		-	hours of operation of a business using an accessory commercial unit to 65
89		-	less than ten hours per day; 66
90		-	(6) Not restrict the net floor area of an accessory commercial unit to 67
91		-	less than one thousand square feet; 68
92		-	(7) Not impose any noise restrictions or building code requirements 69
93		-	concerning the (A) construction of an accessory commercial unit that 70
94		-	exceed the standards or requirements applicable to other commercial 71
95		-	uses in the municipality, or (B) use of an accessory commercial unit that 72
96		-	exceed the standards or requirements applicable to residential uses in 73
97		-	the municipality; 74
98		-	(8) Not require (A) a passageway between any accessory commercial 75
99		-	unit and any residential property, (B) a familial, marital or employment 76
100		-	relationship between occupants of the residential property and 77 Substitute Bill No. 7148
	77	+	LCO No. 5012 3 of 3
101	78
102		-
103		-	LCO 4 of 5
104		-
105		-	accessory commercial unit, (C) separate billing of utilities otherwise 78
106		-	connected to, or used by, the residential property and the accessory 79
107		-	dwelling unit, (D) periodic renewals for permits for such accessory 80
108		-	commercial unit, (E) traffic or parking studies concerning the proposed 81
109		-	use for an accessory commercial unit, or (F) a minimum number of off-82
110		-	street motor vehicle parking spaces in excess of the those required for 83
111		-	the existing residential use; and 84
112		-	(9) Be interpreted and enforced such that nothing in this section shall 85
113		-	be in derogation of (A) applicable building code requirements, or (B) 86
114		-	other requirements where a well or private sewerage system is being 87
115		-	used, provided approval for any such accessory commercial unit shall 88
116		-	not be unreasonably withheld. 89
117		-	(b) The as-of-right permit application and review process for 90
118		-	approval of an accessory commercial unit shall require that a decision 91
119		-	on any such application be rendered not later than sixty-five days after 92
120		-	receipt of such application by the applicable zoning commission, except 93
121		-	that an applicant may consent to one or more extensions of not more 94
122		-	than an additional sixty-five days or may withdraw such application. 95
123		-	(c) A municipality shall not (1) condition the approval of an accessory 96
124		-	commercial unit on the correction of a nonconforming use, structure or 97
125		-	lot, or (2) require the installation of fire sprinklers in an accessory 98
126		-	commercial unit if such sprinklers are not required for the residential 99
127		-	property located on the same lot or otherwise required by the fire code. 100
128		-	(d) A municipality, special district or sewer or water authority shall 101
129		-	not (1) consider an accessory commercial unit to be a new use for the 102
130		-	purposes of calculating connection fees or capacity charges for utilities, 103
131		-	including sewer and water service, unless such accessory commercial 104
132		-	unit was constructed with a new single-family dwelling on the same lot, 105
133		-	or (2) require the installation of a new or separate utility connection 106
134		-	directly to an accessory commercial unit or impose a related connection 107
135		-	fee or capacity charge. 108
136		-	(e) If a municipality fails to adopt new regulations or amend existing 109 Substitute Bill No. 7148
137		-
138		-
139		-	LCO 5 of 5
140		-
141		-	regulations by October 1, 2026, for the purpose of complying with the 110
142		-	provisions of subsections (a) to (d), inclusive, of this section, any 111
143		-	noncompliant regulations shall be void and such municipality shall 112
144		-	approve or deny applications for accessory commercial units in all zones 113
145		-	that allow residential uses in accordance with the requirements set forth 114
146		-	in the provisions of subsections (a) to (d), inclusive, of this section until 115
147		-	such municipality adopts or amends such noncompliant regulation to 116
148		-	comply with said subsections. No municipality shall impose additional 117
149		-	standards beyond those set forth in subsections (a) to (d), inclusive, of 118
150		-	this section on accessory commercial units. 119
	79	+	existing and potential public surface and ground drinking water 44
	80	+	supplies; [and] 45
	81	+	(10) In any municipality that is contiguous to or on a navigable 46
	82	+	waterway draining to Long Island Sound, (A) be made with reasonable 47
	83	+	consideration for the restoration and protection of the ecosystem and 48
	84	+	habitat of Long Island Sound; (B) be designed to reduce hypoxia, 49
	85	+	pathogens, toxic contaminants and floatable debris on Long Island 50
	86	+	Sound; and (C) provide that such municipality's zoning commission 51
	87	+	consider the environmental impact on Long Island Sound coastal 52
	88	+	resources, as defined in section 22a-93, of any proposal for development; 53
	89	+	and 54
	90	+	(11) Allow for the as-of-right development of a residential 55
	91	+	development or a mixed-use development on any lot that allows for 56
	92	+	commercial use. 57
151	93		This act shall take effect as follows and shall amend the following
152	94		sections:
153	95
154		-	Section 1 October 1, 2025 8-1a(b)
155		-	Sec. 2 October 1, 2025 New section
	96	+	Section 1 October 1, 2025 8-2(b)
156	97
157		-	Statement of Legislative Commissioners:
158		-	In Section 2(a)(5) and Section 2(a)(7), "the" was added before "(A)" and
159		-	"the" was deleted after each subparagraph designator in said
160		-	subdivisions for consistency with standard drafting conventions, in
161		-	Section 2(a)(8)(C), "and the accessory dwelling unit" was added after
162		-	"property" for clarity, and in Section 2(e), "A municipality may not" was
163		-	changed to "No municipality shall" for consistency with standard
164		-	drafting conventions.
	98	+	Statement of Purpose:
	99	+	To allow the as-of-right development of a residential development or a
	100	+	mixed-use development on any lot that allows for commercial use.
165	101
166		-	PD Joint Favorable Subst.
	102	+	[Proposed deletions are enclosed in brackets. Proposed additions are indicated by underline, except
	103	+	that when the entire text of a bill or resolution or a section of a bill or resolution is new, it is not
	104	+	underlined.]
167	105