reglab/statecodes huggingface dataset:
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-1cc. - (Note: This section is effective April 1, 2022.) Outdoor food and beverage service as accessory use.

(a) For the purposes of this section, “beverage” includes alcoholic liquor or an alcoholic beverage, as defined in section 30-1, “food establishment” means a food establishment that is licensed or permitted to operate pursuant to section 19a-36i and “municipality” has the same meaning as provided in section 8-1a.
(b) Notwithstanding any provision of the general statutes, special act, municipal charter or ordinance, the zoning commission of each municipality shall allow any licensee or permittee of a food establishment operating in such municipality to engage in outdoor food and beverage service as an accessory use of such food establishment's permitted use. Such accessory use shall be allowed as of right, subject only to any required administrative site plan review to determine conformance with zoning requirements not contemplated by this section, provided such accessory use would not result in the expansion of a nonconforming use.
(c) Any such licensee or permittee may engage in outdoor food and beverage service (1) on public sidewalks and other pedestrian pathways abutting the area permitted for principal use and on which vehicular access is not allowed, (A) provided a pathway (i) is constructed in compliance with physical accessibility guidelines, as applicable, under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and (ii) such pathway extends for the length of the lot upon which the area permitted for principal use is located, and not less than four feet in width, not including any area on a street or highway, shall remain unobstructed for pedestrian use, and (B) subject to reasonable conditions imposed by the municipal official or agency that issues right-of-way or obstruction permits; (2) on off-street parking spaces associated with the permitted use, notwithstanding any municipal ordinance or zoning regulation establishing minimum requirements for off-street parking; (3) on any lot, yard, court or open space abutting the area permitted for principal use, provided (A) such lot, yard, court or open space is located in a zoning district where the operation of food establishments is permitted, (B) such use is in compliance with any applicable requirements for access or pathways pursuant to physical accessibility guidelines under the federal Americans with Disabilities Act, 42 USC 12101, et seq., as amended from time to time, and (C) the licensee or permittee obtains written authorization to engage in such service from the owner of such lot, yard, court or open space and provides a copy of such authorization to the zoning commission; and (4) until 9 o'clock p.m., or a time established by the zoning commission of the municipality, whichever is later.
(June Sp. Sess. P.A. 21-2, S. 182.)
History: June Sp. Sess. P.A. 21-2 effective April 1, 2022.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-1d. - Hours for holding land use public hearings.

Any municipality may, by ordinance, establish an hour at or after which public hearings shall be held by its planning commission, zoning commission, combined planning and zoning commission, zoning board of appeals and inland wetlands agency.
(P.A. 89-175, S. 2, 7.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-1z. - Exclusion of conservation easement from open space percentage allocation required for land use application.

For the purpose of final approval of a municipal land use application, including, but not limited to, the open space percentage allocation required for cluster developments, as defined in section 8-18, where such municipality has a population of not less than eighty-two thousand and not more than ninety thousand residents and a total area of not less than thirty-five square miles and not more than thirty-seven square miles, any conservation easement purchased all, or in part, with state funds shall be excluded from the open space percentage allocation required for such an application by such municipality's zoning or planning commission.
(June Sp. Sess. P.A. 15-5, S. 472.)
History: June Sp. Sess. P.A. 15-5 effective June 30, 2015.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2a. - Copies of zoning and subdivision regulations to be available.

The secretary or clerk of each regulatory board of a political subdivision of the state, adopting subdivision or zoning regulations pursuant to the general statutes or a special act, shall make printed copies of such regulations available to the public at a reasonable price upon request.
(1961, P.A. 410.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2b. - Use of maps of Soil Conservation Service as standard.

Any planning commission, zoning commission or planning and zoning commission of any municipality may use soil survey maps of the Soil Conservation Service of the United States Department of Agriculture as a standard in determining land use, planning, zoning or development regulations.
(1971, P.A. 132.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2d. - Planned unit developments under former chapter 124a continue to be valid.

Any land use regulations concerning planned unit developments or planned residential developments adopted by a municipal zoning commission, planning and zoning commission or other applicable zoning authority pursuant to sections 8-13b to 8-13k, inclusive, of the general statutes, revision of 1958, revised to January 1, 1985, shall continue to be valid and any planned unit development or planned residential development proposed in accordance with such regulations which has received approval, whether tentative, preliminary or final, from such commission or authority prior to July 1, 1985, shall continue to be governed by the provisions of such regulations.
(P.A. 85-409, S. 6, 8.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2e. - Municipal agreements regarding development rights.

Any two or more municipalities which have adopted the provisions of this chapter or chapter 125a or which are exercising zoning power pursuant to any special act may, with the approval of the legislative body of each municipality, execute an agreement providing for a system of development rights and the transfer of development rights across the boundaries of the municipalities which are parties to the agreement. Such system shall be implemented in a manner approved by the legislative body of each municipality and by the commission or other body which adopts zoning regulations of each municipality.
(P.A. 87-490, S. 2.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2f. - Joint applications necessary for transfer of development rights.

Any zoning regulations adopted pursuant to section 8-2 concerning development rights shall authorize the transfer of the development rights to land only upon joint application of the transferor and transferee.
(P.A. 87-490, S. 3.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2h. - Zoning applications filed prior to change in zoning regulations not required to comply with change. Applications for building permit or certificate of occupancy filed prior to adoption of zoning regulations not required to comply with regulations.

(a) An application filed with a zoning commission, planning and zoning commission, zoning board of appeals or agency exercising zoning authority of a town, city or borough which is in conformance with the applicable zoning regulations as of the time of filing shall not be required to comply with, nor shall it be disapproved for the reason that it does not comply with, any change in the zoning regulations or the boundaries of zoning districts of such town, city or borough taking effect after the filing of such application.
(b) An application for a building permit or certificate of occupancy filed with the building official of a city, town or borough prior to the adoption of zoning regulations by such city, town or borough in accordance with this chapter shall not be required to comply with, nor shall it be disapproved for the reason that it does not comply with, such zoning regulations.
(P.A. 89-311, S. 2.)
Cited. 220 C. 527; 225 C. 1.
Cited. 25 CA 199; 26 CA 212.
Subsec. (a):
Cited. 28 CA 314; Id., 379; 40 CA 501; Id., 840. States that if zoning regulations are changed after an application is filed, that application need not comply in order to be approved. 63 CA 176.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2i. - Inclusionary zoning.

(a) As used in this section, “inclusionary zoning” means any zoning regulation, requirement or condition of development imposed by ordinance, regulation or pursuant to any special permit, special exception or subdivision plan which promotes the development of housing affordable to persons and families of low and moderate income, including, but not limited to, (1) the setting aside of a reasonable number of housing units for long-term retention as affordable housing through deed restrictions or other means; (2) the use of density bonuses; or (3) in lieu of or in addition to such other requirements or conditions, the making of payments into a housing trust fund to be used for constructing, rehabilitating or repairing housing affordable to persons and families of low and moderate income.
(b) Notwithstanding the provisions of any special act, any municipality having zoning authority pursuant to this chapter or any special act or having planning authority pursuant to chapter 126 may, by regulation of the body exercising such zoning authority, implement inclusionary zoning regulations, requirements or conditions.
(P.A. 91-204.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2k. - Zoning regulations re construction near lakes.

Section 8-2k is repealed, effective October 1, 2006.
(P.A. 04-248, S. 3; P.A. 05-263, S. 2, 3.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2l. - Zoning regulations re structures or uses located in floodplain.

(a) As used in this section and section 25-68i, “floodplain” means that area of a municipality located within the real or theoretical limits of the base flood or base flood for a critical activity, as determined by the municipality or the Federal Emergency Management Agency in its flood insurance study or flood insurance rate map for the municipality prepared pursuant to the National Flood Insurance Program, 44 CFR Part 59 et seq.
(b) Whenever a municipality, pursuant to the National Flood Insurance Program, 44 CFR Part 59 et seq., is required to revise its zoning regulations or any other ordinances regulating a proposed building, structure, development or use located in a floodplain, the revision shall provide for restrictions for flood storage and conveyance of water for floodplains that are not tidally influenced as follows:
(1) Within a designated floodplain, encroachments resulting from fill, new construction or substantial improvements, as defined in 44 CFR Part 59.1, involving an increase in footprint to the structure shall be prohibited unless the applicant provides to the zoning commission certification by a state licensed engineer that such encroachment shall not result in any increase in base flood elevation;
(2) The water holding capacity of the floodplain shall not be reduced by any form of development unless such reduction (A) is compensated for by deepening or widening the floodplain, (B) is on-site, or if adjacent property owners grant easements and the municipality in which the development is located authorizes such off-site compensation, (C) is within the same hydraulic reach and a volume not previously used for flood storage, (D) is hydraulically comparable and incrementally equal to the theoretical volume of flood water at each elevation, up to and including the hundred-year flood elevation, which would be displaced by the proposed project, and (E) has an unrestricted hydraulic connection to the same waterway or water body; and
(3) Work within adjacent land subject to flooding, including work to provide compensatory storage, shall not result in any increase in flood stage or velocity.
(c) Notwithstanding the provisions of subsection (b) of this section, a municipality may adopt more stringent restrictions for flood storage and conveyance of water for floodplains that are not tidally influenced.
(P.A. 04-144, S. 1.)
See Sec. 25-68k re hazard mitigation and floodplain management grant program.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2m. - Floating and overlay zones and flexible zoning districts.

The zoning authority of any municipality that (1) was incorporated in 1784, (2) has a mayor and board of alderman form of government, and (3) exercises zoning power pursuant to a special act, may provide for floating and overlay zones and flexible zoning districts, including, but not limited to, planned development districts, planned development units, special design districts and planned area developments. The regulations shall establish standards for such zones and districts. Flexible zoning districts established under such regulations shall be designed for the betterment of the municipality and the floating and overlay zones and neighborhood in which they are located and shall not establish in a residential zone a zone that is less restrictive with respect to uses than the underlying zone of the flexible zoning district. Such regulations shall not authorize the expansion of a pre-existing, nonconforming use. Notwithstanding the provisions of this section, no planned development district shall be approved which would permit a use or authorize the expansion of a pre-existing nonconforming use where the underlying zone is a residential zone.
(P.A. 06-128, S. 2; 06-196, S. 290.)
History: P.A. 06-196 changed effective date of P.A. 06-128, S. 2 from October 1, 2006, to June 2, 2006, effective June 7, 2006.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2n. - Zoning regulations re crematories.

The zoning regulations adopted under section 8-2 or any special act shall not authorize the location of a crematory within five hundred feet of any residential structure or land zoned for residential purposes not owned by the owner of the crematory. As used in this section, “crematory” means a building or structure containing one or more cremation chambers or retorts for the cremation of dead human bodies or large animals and “large animals” means all cattle, horses, sheep, goat, swine or similar species commonly kept as livestock.
(P.A. 09-232, S. 39.)
See Sec. 19a-320 re erection and maintenance of crematories.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-2p. - Municipal opt-out re dwelling unit parking space limitations.

The zoning commission or combined planning and zoning commission, as applicable, of a municipality, by a two-thirds vote, may initiate the process by which such municipality opts out of the provision of subdivision (9) of subsection (d) of section 8-2 regarding limitations on parking spaces for dwelling units, provided such commission: (1) First holds a public hearing in accordance with the provisions of section 8-7d on such proposed opt-out, (2) affirmatively decides to opt out of the provision of said subsection within the period of time permitted under section 8-7d, (3) states upon its records the reasons for such decision, and (4) publishes notice of such decision in a newspaper having a substantial circulation in the municipality not later than fifteen days after such decision has been rendered. Thereafter, the municipality's legislative body or, in a municipality where the legislative body is a town meeting, its board of selectmen, by a two-thirds vote, may complete the process by which such municipality opts out of the provision of subsection (d) of section 8-2.
(P.A. 21-29, S. 5.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-3a. - Findings of consistency of proposed regulations or boundaries with the plan of development. Referral of proposed regulations or boundaries to planning commission.

(a) In any municipality which has a combined planning and zoning commission operating under the general statutes or any special act, the commission shall state on the record its findings on consistency of a proposed zoning regulation or boundaries or changes thereof with the plan of development of the municipality.
(b) In any municipality which has a separate zoning commission operating under the provisions of this chapter or any special act and which also has a planning commission operating under the general statutes or any special act, proposed zoning regulations or boundaries or changes thereof shall be referred to such planning commission for a report at least thirty-five days prior to the date assigned for a public hearing to be held thereon. The report shall contain the findings of the planning commission on consistency of a proposed regulation or boundaries or changes thereof with the plan of development of the municipality and any other recommendations the planning commission deems relevant. The failure of the planning commission to report prior to or at the hearing shall be taken as approval of such proposals. The report concerning consistency with the plan of development and a statement of the vote of the planning commission approving, disapproving or proposing a modification of such proposal shall be publicly read at any public hearing held thereon. The full report of the planning commission regarding such proposal shall include the reasons for the commission's vote thereon and shall be incorporated into the records of any public hearing held thereon by the zoning commission. A proposal disapproved by the planning commission may be adopted by the zoning commission by a vote of not less than two-thirds of all the members of the zoning commission.
(1959, P.A. 614, S. 5; 1971, P.A. 862, S. 2; P.A. 91-398, S. 1.)
History: 1971 act required referral of proposed regulations to planning commission at least 35, rather than 30, days before hearing; P.A. 91-398 added provisions re statement on the record by combined planning and zoning commission of consistency of proposed change with the plan of development and requiring report of separate planning commission to contain findings on consistency of proposed regulation with plan of development and divided section into Subsecs.
Emphasizes legislative determination that cooperation between the two commissions should benefit a town. 148 C. 172. Cited. 150 C. 83. Unanimous vote of zoning commission was effective to adopt zoning amendment over planning commission's opposition. 154 C. 202. Cited. 159 C. 587. Appeal dismissed for lack of required vote approval for adoption of zoning proposal. 162 C. 210.
Cited. 35 CS 246.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-3d. - Variances, special permits, special exceptions and special exemptions to be recorded.

No variance, special permit or special exception granted pursuant to this chapter, chapter 126 or any special act, and no special exemption granted under section 8-2g, shall be effective until a copy thereof, certified by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, containing a description of the premises to which it relates and specifying the nature of such variance, special permit, special exception or special exemption, including the zoning bylaw, ordinance or regulation which is varied in its application or to which a special exception or special exemption is granted, and stating the name of the owner of record, is recorded in the land records of the town in which such premises are located. The town clerk shall index the same in the grantor's index under the name of the then record owner and the record owner shall pay for such recording.
(P.A. 75-317; P.A. 77-509, S. 4; P.A. 88-338, S. 3, 5.)
History: P.A. 77-509 included reference to chapter 126; P.A. 88-338 added special exemptions granted under Sec. 8-2g.
Cited. 189 C. 573. Appellate Court improperly determined that conditions attached to granting of variance must be explicitly stated in certificate of variance and construed solely on the basis of the language in the certificate; rather, such conditions should be construed by considering entire public record. 307 C. 728.
Cited. 18 CA 85; 30 CA 395; judgment reversed, see 230 C. 452.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-3f. - Establishment of community residences for persons with intellectual disability and child-care residential facilities.

No community residence or child-care residential facility established pursuant to section 8-3e shall be established within one thousand feet of any other such community residence or child-care residential facility without the approval of the body exercising zoning powers within the municipality in which such residence is proposed to be established.
(P.A. 84-517, S. 2, 3; P.A. 01-161, S. 2, 4.)
History: P.A. 01-161 applied provisions to child-care residential facilities, effective July 1, 2001.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-3g. - Regulation of community residences for mentally ill adults and UCONN 2000 projects.

(a) No zoning regulation adopted pursuant to this chapter or any special act shall prohibit any community residence in any area which is zoned to allow structures containing two or more dwelling units.
(b) No zoning regulation adopted pursuant to this chapter or any special act shall prohibit any project, as defined in subdivision (16) of section 10a-109c, in any area which is zoned to allow commercial structures.
(P.A. 84-341, S. 2, 8; P.A. 95-230, S. 40, 45; P.A. 97-293, S. 22, 26.)
History: P.A. 95-230 added Subsec. (b) re projects under UCONN 2000, effective June 7, 1995; P.A. 97-293 made a technical change in Subsec. (b), effective July 1, 1997.
See Sec. 19a-507a for definition of “community residence”.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-3h. - Notice to adjoining municipalities.

Section 8-3h is repealed, effective October 1, 2003.
(P.A. 87-307, S. 1; P.A. 89-175, S. 3, 7; P.A. 03-177, S. 14.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-3j. - Regulation of family child care homes.

No zoning regulation shall treat any family child care home registered pursuant to section 17b-733 in a manner different from single or multifamily dwellings.
(P.A. 90-286, S. 4, 9; P.A. 15-227, S. 25.)
History: Pursuant to P.A. 15-227, “family day care home” was changed editorially by the Revisors to “family child care home”, effective July 1, 2015.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-4b. - Change from combined commission to separate commissions.

Any town, city or borough which has designated its zoning commission or its planning commission as the planning and zoning commission of such municipality under the provisions of section 8-4a may, by ordinance or by vote of its legislative body, reverse such designation and do anything necessary to conform to the provisions of this chapter or chapter 126; provided no such reversal, unless otherwise stated, shall be construed to affect the continuity of planning or zoning in such town.
(February, 1965, P.A. 566; 1971, P.A. 763, S. 3.)
History: 1971 act included cities and boroughs under provisions of section.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-4c. - Training for members of planning, zoning or combined planning and zoning commissions and zoning boards of appeals. Training guidelines. Statement of compliance.

(a) On and after January 1, 2023, each member of a municipal planning commission, zoning commission, combined planning and zoning commission and zoning board of appeals shall complete at least four hours of training. Any such member serving on any such commission or board as of January 1, 2023, shall complete such initial training by January 1, 2024, and shall complete any subsequent training every other year thereafter. Any such member not serving on any such commission or board as of January 1, 2023, shall complete such initial training not later than one year after such member's election or appointment to such commission or board and shall complete any subsequent training every other year thereafter. Such training shall include at least one hour concerning affordable and fair housing policies and may also consist of (1) process and procedural matters, including the conduct of effective meetings and public hearings and the Freedom of Information Act, as defined in section 1-200, (2) the interpretation of site plans, surveys, maps and architectural conventions, and (3) the impact of zoning on the environment, agriculture and historic resources.
(b) Not later than January 1, 2022, the Secretary of the Office of Policy and Management shall establish guidelines for such training in collaboration with land use training providers, including, but not limited to, the Connecticut Association of Zoning Enforcement Officials, the Connecticut Conference of Municipalities, the Connecticut Chapter of the American Planning Association, the Land Use Academy at the Center for Land Use Education and Research at The University of Connecticut, the Connecticut Bar Association, regional councils of governments and other nonprofit or educational institutions that provide land use training, except that if the secretary fails to establish such guidelines, such land use training providers may create and administer appropriate training for members of commissions and boards described in subsection (a) of this section, which may be used by such members for the purpose of complying with the provisions of said subsection.
(c) Not later than March 1, 2024, and annually thereafter, the planning commission, zoning commission, combined planning and zoning commission and zoning board of appeals, as applicable, in each municipality shall submit a statement to such municipality's legislative body or, in a municipality where the legislative body is a town meeting, its board of selectmen, affirming compliance with the training requirement established pursuant to subsection (a) of this section by each member of such commission or board required to complete such training in the calendar year ending the preceding December thirty-first.
(P.A. 21-29, S. 9.)
History: P.A. 21-29 effective June 10, 2021.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-5a. - Designation of alternate members to act.

If a regular member of a zoning board of appeals is absent, he may designate an alternate from the panel of alternates to act in his place. If he fails to make such designation or if he is disqualified, the chairman of the board shall designate an alternate from such panel, choosing alternates in rotation so that they shall act as nearly equal a number of times as possible. If any alternate is not available in accordance with such rotation, such fact shall be recorded in the minutes of the meeting.
(1959, P.A. 146, S. 2; 1971, P.A. 763, S. 5.)
History: 1971 act made no changes.
Fact that minutes failed to show how or by whom alternates who participated in hearing were designated did not invalidate board's action. 150 C. 539. Cited. 219 C. 352.
Cited. 33 CA 281. Unseated alternate zoning board member's participation in public hearing was not in contravention of plain language of section. 127 CA 669.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-5b. - Ordinance may provide for appointment of alternate members.

Any town, city or borough, in addition to such powers as it has under the provisions of the general statutes or any special act, shall have the power to provide by ordinance for the appointment of three alternate members to its zoning board of appeals as is set forth in section 8-5.
(1961, P.A. 253.)
Cited. 219 C. 352.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-6a. - Appeal to be heard before variance when both joined.

Whenever an application to a zoning board of appeals for the grant of a variance is joined with an appeal from any order, requirement or decision made by the official charged with the enforcement of this chapter, or any bylaw, ordinance or regulation adopted under the provisions of this chapter, the board shall first decide the issues presented by such appeal.
(P.A. 75-86, S. 1.)
Cited. 219 C. 352; 225 C. 691; 226 C. 80.
Cited. 20 CA 302; 34 CA 552.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-7a. - Evidence at hearings and meetings to deliberate formal petitions, applications, requests or appeals to be taken by stenographer or recorded.

The zoning commission, planning commission, planning and zoning commission and zoning board of appeals shall call in a competent stenographer to take the evidence, or shall cause the evidence to be recorded by a sound-recording device, in each hearing before such commission or board in which the right of appeal lies to the Superior Court and at each meeting in which such commission or board of appeals deliberates any formal petition, application, request or appeal.
(1959, P.A. 460, S. 1; P.A. 76-436, S. 290, 681; P.A. 90-286, S. 6, 9; P.A. 05-287, S. 46.)
History: P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 90-286 made requirements of section applicable to planning commissions and planning and zoning commissions; P.A. 05-287 added provision requiring evidence to be taken by stenographer or recorded at each meeting in which commission or board of appeals deliberates any formal petition, application, request or appeal, effective January 1, 2006.
Cited. 148 C. 600. History discussed; reversal of decision in 23 CS 6; failure of board of appeals to comply with mandate of section renders action voidable at option of an aggrieved person. 150 C. 411. Cited. 153 C. 713; 154 C. 393; 155 C. 268; 162 C. 44; 219 C. 352; Id., 511; 226 C. 80.
Cited. 6 CA 110; 43 CA 563. Zoning board required to hold a hearing on plaintiff's zoning application. 69 CA 230.
Where, due to mechanical failure of recording machine, no transcript is available, court may permit introduction of additional evidence to determine what considerations were presumptively in minds of board members. 23 CS 6; judgment reversed, see 150 C. 411.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-7b. - Notice to contiguous municipalities of variance applications.

Section 8-7b is repealed, effective October 1, 2003.
(February, 1965, P.A. 54; P.A. 83-247; P.A. 03-177, S. 14.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-7c. - Disclosure of beneficiaries of real property held in trust.

Any person who makes an application to a planning commission, zoning commission or zoning board of appeals pertaining to real property, the record title to which is held by a trustee of an undisclosed trust, shall file with said application a sworn statement disclosing the name of the equitable owner of such real property or the beneficiary of the trust.
(1971, P.A. 782.)
Cited. 219 C. 352.
Zoning board required to hold a hearing on plaintiff's zoning application. 69 CA 230.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-7e. - Notice to adjoining municipalities of applications or requests.

Section 8-7e is repealed, effective October 1, 2003.
(P.A. 87-307, S. 2; P.A. 89-175, S. 4, 7; P.A. 03-177, S. 14.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-8a. - Process for mediation.

(a) As used in this section, “mediation” means the process where the parties in an appeal filed under section 8-8, 22a-34 or 22a-43 meet with an impartial third party to work toward resolution of the issues in the decision that was the subject of the appeal in accordance with generally accepted principles of mediation.
(b) At any time after filing of the appeal, the parties may agree to mediate the decision that was appealed. The parties shall file a statement advising the court that the dispute may be resolved by mediation. Mediation shall take place with the consent of each party.
(c) Mediation shall begin on the date the statement is filed under subsection (b) of this section and conclude not more than one hundred eighty days after such filing. Such period may be extended for an additional one hundred eighty days upon mutual agreement of the parties. A party may submit a petition to the court requesting another extension or stating why no other extension should be granted. The court, in its discretion, may extend the time for mediation after the second period of one hundred eighty days has elapsed. A party may withdraw from mediation at any time after notification to other parties and to the Superior Court.
(d) The contents of mediating sessions shall not be admissible as evidence. A mediator shall not act as or be summoned as a witness in a court proceeding on an appeal if mediation has not resolved the issues of the appeal.
(e) A mediator may request the participation in mediation of any person deemed by the mediator necessary for effective resolution of the issues, including representatives of governmental agencies not a party to the action, abutting property owners, intervenors or other persons significantly involved in the decision being appealed.
(f) Not more than fifteen days after the conclusion of mediation, the mediators shall file a report with the court describing the proceedings and specifying the issues resolved. If no resolution is made, the mediators shall file a report with the court stating that the issues have not been resolved.
(g) The cost of mediation shall be distributed equally among the parties.
(P.A. 01-47, S. 2; P.A. 02-132, S. 64.)
History: P.A. 02-132 amended Subsec. (a) by adding references to Secs. 22a-34 and 22a-43 and deleting “of the board” and amended Subsec. (b) by deleting provisions re publication of newspaper notice and petition of aggrieved party to participate in mediation process.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-9. - Appeals from zoning commissions and planning and zoning commissions. Review by Appellate Court.

Appeals from zoning commissions and planning and zoning commissions may be taken to the Superior Court and, upon certification for review, to the Appellate Court in the manner provided in section 8-8.
(1949 Rev., S. 845; 1953, S. 381d; February, 1965, P.A. 622, S. 4; 1971, P.A. 870, S. 13; P.A. 74-183, S. 180, 291; P.A. 76-436, S. 159, 681; June Sp. Sess. P.A. 83-29, S. 19, 82.)
History: 1965 act included planning and zoning commissions; 1971 act added language allowing appeal to supreme court; P.A. 74-183 made no change; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof.
Cited. 136 C. 90; 143 C. 280; 145 C. 218, 237, 416, 435; 146 C. 665; 148 C. 33. Standard used by court in reviewing action of zoning commission. 148 C. 172. Cited. 149 C. 681; 151 C. 484; 155 C. 365; 157 C. 522. Determination that keeping of chickens and goats was not an “accessory use” to residential property was within discretion of local zoning board and, where board did not act illegally or in abuse of its discretion, will not be reversed on appeal. 158 C. 509. This section and Sec. 8-8 govern appeals from final zoning authority of municipality. 159 C. 1. Amendment of Sec. 8-8 is operative as to this adopting statute and does not remain unmodified in relation to this statute. 160 C. 239, 249. Cited. 162 C. 74; 165 C. 185; 168 C. 285; 173 C. 408; 174 C. 493; 179 C. 250; 186 C. 106; 211 C. 85; 214 C. 400; 221 C. 374; 225 C. 731; 226 C. 80; Id., 230; 232 C. 122; Id., 419.
Cited. 2 CA 506; Id., 595; 3 CA 172; Id., 576; 4 CA 271; 5 CA 520; 6 CA 317; 43 CA 606.
Cited. 17 CS 116; 19 CS 29. This section and Secs. 8-3 and 8-8 are not so linked that date of publication of notice must be considered as date decision was rendered. 26 CS 88. Plaintiffs' claim that logic dictates that legislature did not intend that there should be an inconsistent procedure relative to appeal from decisions of zoning boards of appeal and zoning boards and that therefore running of appeal period in case of zoning regulation should be contingent on statutory publication is without merit. Id., 90. Equitable relief outside the framework of appeal procedure set up by statute might be granted in the presence of allegations of fraudulent connivance or collusion on the part of local zoning board of appeals; plaintiffs have been granted equitable relief when the zoning authority lacked the jurisdiction to take the action which plaintiff was challenging; equitable relief by way of an injunction will not be granted if the court finds that the legal remedy afforded by statute has not been exhausted. 26 CS 334. Cited. 38 CS 492.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-10. - Appeals procedure to apply to all municipalities.

The provisions of sections 8-8 and 8-9 shall apply to appeals from zoning boards of appeals, zoning commissions or other final zoning authority of any municipality whether or not such municipality has adopted the provisions of this chapter and whether or not the charter of such municipality or the special act establishing zoning in such municipality contains a provision giving a right of appeal from zoning boards of appeals or zoning commissions and any provision of any special act, inconsistent with the provisions of said sections, is repealed.
(1953, S. 380d; November, 1955, S. N11.)
Legislative intent was to create right of appeal from every zoning commission in state. 143 C. 280. If sole basis of plaintiff's grievance was that new business would create competition, he would not be an aggrieved person; any taxpayer of a town who feels aggrieved at granting of a license for sale of liquors therein has right of appeal. 144 C. 160. Appeal from zoning commission in New Haven county heard in Court of Common Pleas in judicial district of Waterbury. Id., 600. Finding that plaintiff is not aggrieved person divests court of jurisdiction. 145 C. 136. Cited. Id., 237, 416, 435; 146 C. 588, 665; 148 C. 33, 299; 149 C. 681; 151 C. 635; 155 C. 365. Appeals from final zoning authority in Stamford are governed by Secs. 8-8 and 8-9 rather than any provisions of city's charter. 159 C. 1. Legislative intent is to make Secs. 8-8 and 8-9 applicable to every municipality in state. 160 C. 239, 249. Cited. 165 C. 185. Includes right of appeal from Norwich city council acting as a zoning commission pursuant to a city charter granted under a special act. 167 C. 579. Section does not intend to prohibit local arrangements by which commission decision may be appealed to a board of appeals; appeals routes of zoning cases discussed. 186 C. 106. Cited. 214 C. 400; 221 C. 374; 226 C. 230.
Cited. 2 CA 595; 19 CA 357; 27 CA 412.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-11a. - Disqualification of board member as enforcement officer.

No person may serve as zoning enforcement officer in any municipality wherein he is a member of the zoning board of appeals.
(1963, P.A. 628.)
Cited. 186 C. 106; 221 C. 374.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-12a. - Establishment of municipal penalties for violations of regulations.

(a) Any municipality may, by ordinance adopted by its legislative body, establish penalties for violations of zoning regulations adopted under section 8-2 or by special act. The ordinance shall establish the types of violations for which a citation may be issued and the amount of any fine to be imposed thereby and shall specify the time period for uncontested payment of fines for any alleged violation under any such regulation. No fine imposed under the authority of this section may exceed one hundred fifty dollars for each day a violation continues. Any fine shall be payable to the treasurer of the municipality.
(b) The hearing procedure for any citation issued pursuant to this section shall be in accordance with section 7-152c except that no zoning enforcement officer, building inspector or employee of the municipal body exercising zoning authority may be appointed to be a hearing officer.
(P.A. 91-398, S. 6, 7; P.A. 92-180; P.A. 93-435, S. 90, 95; P.A. 96-210; P.A. 02-74, S. 3; P.A. 12-47, S. 1.)
History: P.A. 92-180 amended Subsec. (a) to include violations of zoning regulations adopted “by special act”; P.A. 93-435 amended the section by deleting Subsec. (d), which had terminated provisions of section as of October 1, 1993, effective June 28, 1993; P.A. 96-210 amended Subsec. (a) by deleting phrase “concerning primary uses and buildings and structures which pose an immediate and substantive threat to public safety” modifying “special act”; P.A. 02-74 amended Subsec. (a) by replacing “a single citation” with “each day a violation continues”; P.A. 12-47 deleted former Subsec. (c) re liability of zoning enforcement officer for treble damages.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124 - Zoning › Section 8-13. - Controlling requirement in case of variation.

If the regulations made under authority of the provisions of this chapter require a greater width or size of yards, courts or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or impose other and higher standards than are required in any other statute, bylaw, ordinance or regulation, the provisions of the regulations made under the provisions of this chapter shall govern. If the provisions of any other statute, bylaw, ordinance or regulation require a greater width or size of yards, courts or other open spaces or a lower height of building or a fewer number of stories or a greater percentage of lot area to be left unoccupied or impose other and higher standards than are required by the regulations made under authority of the provisions of this chapter, the provisions of such statute, bylaw, ordinance or regulation shall govern.
(1949 Rev., S. 847.)
Cited. 165 C. 185.
Cited. 15 CA 550.
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124a - Planned Unit Development (Repealed) › Section 8-13b to 8-13l. - Planned unit development.

Sections 8-13b to 8-13l, inclusive, are repealed.
(1969, P.A. 764, S. 1–10; P.A. 76-436, S. 291–293, 681; P.A. 78-280, S. 1, 127; 78-314, S. 2; P.A. 83-388, S. 7, 9; P.A. 84-395, S. 1, 3; P.A. 85-91, S. 3, 5; 85-409, S. 7, 8.)
2023 Connecticut General Statutes › Title 8 - Zoning, Planning, Housing and Economic and Community Development › Chapter 124b - Incentive Housing Zones › Section 8-13o. - Design standards.

(a) A zoning commission, at the time of and as part of its adoption of regulations for an incentive housing zone, may adopt design standards for incentive housing developments within such zone. Such design standards (1) may ensure that construction within the incentive housing zone is complementary to adjacent and neighboring buildings and structures, and consistent with the housing plan provided for in section 8-13p, and (2) may address the scale and proportions of buildings; site coverage; alignment, width and grade of streets and sidewalks; type and location of infrastructure; location of building and garage entrances; off-street parking; protection of significant natural site features; location and design of open spaces; signage; and setbacks and buffering from adjacent properties.
(b) A design standard shall not be adopted if such standard will unreasonably impair the economic or physical feasibility of constructing housing at the minimum densities and with the required incentive housing restriction set forth in sections 8-13m to 8-13x, inclusive. The Commissioner of Housing shall not approve a request for a letter of preliminary or final eligibility under section 8-13q if a proposed design standard will violate the provisions of this subsection.
(June Sp. Sess. P.A. 07-4, S. 40; P.A. 13-234, S. 2.)
History: June Sp. Sess. P.A. 07-4 effective July 1, 2007; pursuant to P.A. 13-234, reference to Secretary of the Office of Policy and Management was changed editorially by the Revisors to reference to Commissioner of Housing in Subsec. (b), effective June 19, 2013.