Sec. 8-1e. Studies and evaluations submitted in connection with land use applications.
Sec. 8-2c. Payment of a fee in lieu of parking requirements.
Sec. 8-2e. Municipal agreements regarding development rights.
Sec. 8-2f. Joint applications necessary for transfer of development rights.
Sec. 8-2i. Inclusionary zoning.
Sec. 8-2o. Zoning regulations re accessory apartments. Municipal opt-out; exception.
Sec. 8-2p. Municipal opt-out re dwelling unit parking space limitations.
Sec. 8-2t. Conversion of commercial buildings into residential developments.
Sec. 8-12a. Establishment of municipal penalties for violations of regulations.
Sec. 8-1a. “Municipality” and “town” to include district; “selectmen” to include district officers. Definitions. (a) “Municipality” as used in this chapter shall include a district establishing a zoning commission under section 7-326. Wherever the words “town” and “selectmen” appear in this chapter, they shall be deemed to include “district” and “officers of such district”, respectively.
(b) As used in this chapter:
(1) “Accessory apartment” means a separate dwelling unit that (A) is located on the same lot as a principal dwelling unit of greater square footage, (B) has cooking facilities, and (C) complies with or is otherwise exempt from any applicable building code, fire code and health and safety regulations;
(2) “Affordable accessory apartment” means an accessory apartment that is subject to binding recorded deeds which contain covenants or restrictions that require such accessory apartment be sold or rented at, or below, prices that will preserve the unit as housing for which, for a period of not less than ten years, persons and families pay thirty per cent or less of income, where such income is less than or equal to eighty per cent of the median income;
(3) “As of right” or “as-of-right” means able to be approved in accordance with the terms of a zoning regulation or regulations and without requiring that a public hearing be held, a variance, special permit or special exception be granted or some other discretionary zoning action be taken, other than a determination that a site plan is in conformance with applicable zoning regulations;
(4) “Cottage cluster” means a grouping of at least four detached housing units, or live work units, per acre that are located around a common open area;
(5) “Live work unit” means a building or a space within a building used for both commercial and residential purposes by an individual residing within such building or space;
(6) “Middle housing” means duplexes, triplexes, quadplexes, cottage clusters and townhouses;
(7) “Mixed-use development” means a development containing both residential and nonresidential uses in any single building;
(8) “Townhouse” means a residential building constructed in a grouping of three or more attached units, each of which shares at least one common wall with an adjacent unit and has exterior walls on at least two sides;
(9) “Receiving site” means one or more designated sites or areas of land to which development rights generated from one or more sending sites may be transferred and in which increased development is permitted to occur by reason of such transfer; and
(10) “Sending site” means one or more designated sites or areas of land in which development rights are designated for use in one or more receiving sites.
(1959, P.A. 577, S. 1; P.A. 21-29, S. 1; P.A. 24-143, S. 10; P.A. 25-33, S. 17.)
History: P.A. 21-29 designated existing provisions as Subsec. (a) and added Subsec. (b) to define “accessory apartment”, “affordable accessory apartment”, “as of right”, “cottage cluster”, “middle housing”, “mixed-use development” and “townhouse”; P.A. 24-143 amended Subsec. (b) to add new Subdiv. (5) defining “live work unit” and redesignated existing Subdivs. (5) to (7) as Subdivs. (6) to (8); P.A. 25-33 amended Subsec. (b) to define “receiving site” and “sending site”, effective June 10, 2025.
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Sec. 8-1e. Studies and evaluations submitted in connection with land use applications. Notwithstanding the provisions of any special act, municipal charter or home rule ordinance, any person who submits an environmental, health, traffic or economic impact study or evaluation in connection with a land use application pending approval by the legislative body, zoning commission, planning commission, planning and zoning commission, inland wetlands agency or zoning board of appeals of a municipality shall include in such submission a statement disclosing (1) the author or authors of such study or evaluation, (2) all costs associated with the completion of such study or evaluation and the name of the person or entity that paid such costs, and (3) any conflict of interest that may impact the ability of such author or authors to provide unbiased data or conclusions in such study or evaluation. In rendering a decision on any such application, such legislative body, commission, agency or board shall consider whether the (A) information disclosed in any such statement, or (B) failure to include such statement impacts the reliability of such study or evaluation.
(P.A. 25-73, S. 6.)
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Sec. 8-2. *(See end of section for amended versions of subsections (b), (c) and (d) and effective dates.) Regulations. (a)(1) The zoning commission of each city, town or borough is authorized to regulate, within the limits of such municipality: (A) The height, number of stories and size of buildings and other structures; (B) the percentage of the area of the lot that may be occupied; (C) the size of yards, courts and other open spaces; (D) the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes, including water-dependent uses, as defined in section 22a-93; and (E) the height, size, location, brightness and illumination of advertising signs and billboards, except as provided in subsection (f) of this section.
(2) Such zoning commission may divide the municipality into districts of such number, shape and area as may be best suited to carry out the purposes of this chapter; and, within such districts, it may regulate the erection, construction, reconstruction, alteration or use of buildings or structures and the use of land. All zoning regulations shall be uniform for each class or kind of buildings, structures or use of land throughout each district, but the regulations in one district may differ from those in another district.
(3) Such zoning regulations may provide that certain classes or kinds of buildings, structures or use of land are permitted only after obtaining a special permit or special exception from a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, whichever commission or board the regulations may, notwithstanding any special act to the contrary, designate, subject to standards set forth in the regulations and to conditions necessary to protect the public health, safety, convenience and property values.
*(b) Zoning regulations adopted pursuant to subsection (a) of this section shall:
(1) Be made in accordance with a comprehensive plan and in consideration of the plan of conservation and development adopted under section 8-23;
(2) Be designed to (A) lessen congestion in the streets; (B) secure safety from fire, panic, flood and other dangers; (C) promote health and the general welfare; (D) provide adequate light and air; (E) protect the state's historic, tribal, cultural and environmental resources; (F) facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements; (G) consider the impact of permitted land uses on contiguous municipalities and on the planning region, as defined in section 4-124i, in which such municipality is located; (H) address significant disparities in housing needs and access to educational, occupational and other opportunities; (I) promote efficient review of proposals and applications; and (J) affirmatively further the purposes of the federal Fair Housing Act, 42 USC 3601 et seq., as amended from time to time;
(3) Be drafted with reasonable consideration as to the physical site characteristics of the district and its peculiar suitability for particular uses and with a view to encouraging the most appropriate use of land throughout a municipality;
(4) Provide for the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a;
(5) Promote housing choice and economic diversity in housing, including housing for both low and moderate income households;
(6) Expressly allow the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to section 16a-26;
(7) Be made with reasonable consideration for the impact of such regulations on agriculture, as defined in subsection (q) of section 1-1;
(8) Provide that proper provisions be made for soil erosion and sediment control pursuant to section 22a-329;
(9) Be made with reasonable consideration for the protection of existing and potential public surface and ground drinking water supplies; and
(10) In any municipality that is contiguous to or on a navigable waterway draining to Long Island Sound, (A) be made with reasonable consideration for the restoration and protection of the ecosystem and habitat of Long Island Sound; (B) be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris on Long Island Sound; and (C) provide that such municipality's zoning commission consider the environmental impact on Long Island Sound coastal resources, as defined in section 22a-93, of any proposal for development.
*(c) Zoning regulations adopted pursuant to subsection (a) of this section may:
(1) To the extent consistent with soil types, terrain and water, sewer and traffic infrastructure capacity for the community, provide for or require cluster development, as defined in section 8-18;
(2) Be made with reasonable consideration for the protection of historic factors;
(3) Require or promote (A) energy-efficient patterns of development; (B) the use of distributed generation or freestanding solar, wind and other renewable forms of energy; (C) combined heat and power; and (D) energy conservation;
(4) Provide for incentives for developers who use (A) solar and other renewable forms of energy; (B) combined heat and power; (C) water conservation, including demand offsets; and (D) energy conservation techniques, including, but not limited to, cluster development, higher density development and performance standards for roads, sidewalks and underground facilities in the subdivision;
(5) Provide for a municipal system for the creation of development rights and the permanent transfer of such development rights, which may include a system for the variance of density limits in connection with any such transfer;
(6) Provide for notice requirements in addition to those required by this chapter;
(7) Provide for conditions on operations to collect spring water or well water, as defined in section 21a-150, including the time, place and manner of such operations;
(8) Provide for floating zones, overlay zones and planned development districts;
(9) Require estimates of vehicle miles traveled and vehicle trips generated in lieu of, or in addition to, level of service traffic calculations to assess (A) the anticipated traffic impact of proposed developments; and (B) potential mitigation strategies such as reducing the amount of required parking for a development or requiring public sidewalks, crosswalks, bicycle paths, bicycle racks or bus shelters, including off-site; and
(10) In any municipality where a traprock ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setback areas; and (B) restrict quarrying and clear cutting, except that the following operations and uses shall be permitted in ridgeline setback areas, as of right: (i) Emergency work necessary to protect life and property; (ii) any nonconforming uses that were in existence and that were approved on or before the effective date of regulations adopted pursuant to this section; and (iii) selective timbering, grazing of domesticated animals and passive recreation.
*(d) Zoning regulations adopted pursuant to subsection (a) of this section shall not:
(1) (A) Prohibit the operation in a residential zone of any family child care home or group child care home located in a residence, or (B) require any special zoning permit or special zoning exception for such operation;
(2) (A) Prohibit the use of receptacles for the storage of items designated for recycling in accordance with section 22a-241b or require that such receptacles comply with provisions for bulk or lot area, or similar provisions, except provisions for side yards, rear yards and front yards; or (B) unreasonably restrict access to or the size of such receptacles for businesses, given the nature of the business and the volume of items designated for recycling in accordance with section 22a-241b, that such business produces in its normal course of business, provided nothing in this section shall be construed to prohibit such regulations from requiring the screening or buffering of such receptacles for aesthetic reasons;
(3) Impose conditions and requirements on manufactured homes, including mobile manufactured homes, having as their narrowest dimension twenty-two feet or more and built in accordance with federal manufactured home construction and safety standards or on lots containing such manufactured homes, including mobile manufactured home parks, if those conditions and requirements are substantially different from conditions and requirements imposed on (A) single-family dwellings; (B) lots containing single-family dwellings; or (C) multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments;
(4) (A) Prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations; (B) require a special permit or special exception for any such continuance; (C) provide for the termination of any nonconforming use solely as a result of nonuse for a specified period of time without regard to the intent of the property owner to maintain that use; or (D) terminate or deem abandoned a nonconforming use, building or structure unless the property owner of such use, building or structure voluntarily discontinues such use, building or structure and such discontinuance is accompanied by an intent to not reestablish such use, building or structure. The demolition or deconstruction of a nonconforming use, building or structure shall not by itself be evidence of such property owner's intent to not reestablish such use, building or structure;
(5) Prohibit the installation, in accordance with the provisions of section 8-1bb, of temporary health care structures for use by mentally or physically impaired persons if such structures comply with the provisions of said section, unless the municipality opts out in accordance with the provisions of subsection (j) of said section;
(6) Prohibit the operation in a residential zone of any cottage food operation, as defined in section 21a-62b;
(7) Establish for any dwelling unit a minimum floor area that is greater than the minimum floor area set forth in the applicable building, housing or other code;
(8) Place a fixed numerical or percentage cap on the number of dwelling units that constitute multifamily housing over four units, middle housing or mixed-use development that may be permitted in the municipality;
(9) Require more than one parking space for each studio or one-bedroom dwelling unit or more than two parking spaces for each dwelling unit with two or more bedrooms, unless the municipality opts out in accordance with the provisions of section 8-2p; or
(10) Be applied to deny any land use application, including for any site plan approval, special permit, special exception or other zoning approval, on the basis of (A) a district's character, unless such character is expressly articulated in such regulations by clear and explicit physical standards for site work and structures, or (B) the immutable characteristics, source of income or income level of any applicant or end user, other than age or disability whenever age-restricted or disability-restricted housing may be permitted.
(e) Any city, town or borough which adopts the provisions of this chapter may, by vote of its legislative body, exempt municipal property from the regulations prescribed by the zoning commission of such city, town or borough, but unless it is so voted, municipal property shall be subject to such regulations.
(f) Any advertising sign or billboard that is not equipped with the ability to calibrate brightness or illumination shall be exempt from any municipal ordinance or regulation regulating such brightness or illumination that is adopted by a city, town or borough, pursuant to subsection (a) of this section, after the date of installation of such advertising sign or billboard.
(1949 Rev., S. 837; November, 1955, S. N10; 1959, P.A. 614, S. 2; 661; 1961, P.A. 569; 1963, P.A. 133; 1967, P.A. 801; P.A. 77-509, S. 1; P.A. 78-314, S. 1; P.A. 80-327, S. 1; P.A. 81-334, S. 2; P.A. 83-388, S. 6, 9; P.A. 84-263; P.A. 85-91, S. 2, 5; 85-279, S. 3; P.A. 87-215, S. 1, 7; 87-232; 87-474, S. 1; 87-490, S. 1; P.A. 88-105, S. 2; 88-203, S. 1; P.A. 89-277, S. 1; P.A. 91-170, S. 1; 91-392, S. 1; 91-395, S. 1, 11; P.A. 92-50; P.A. 93-385, S. 3; P.A. 95-239, S. 2; 95-335, S. 14, 26; P.A. 97-296, S. 2, 4; P.A. 98-105, S. 3; P.A. 10-87, S. 4; P.A. 11-124, S. 2; 11-188, S. 3; P.A. 15-227, S. 25; P.A. 17-39, S. 1; 17-155, S. 2; P.A. 18-28, S. 1, 2; 18-132, S. 1; P.A. 21-29, S. 4; P.A. 23-142, S. 2.)
*Note: On and after October 1, 2027, subsections (b) and (c) of this section, as amended by section 16 of public act 25-33, are to read as follows:
“(b) Zoning regulations adopted pursuant to subsection (a) of this section shall:
(1) Be made in accordance with a comprehensive plan and in consideration of the plan of conservation and development adopted under section 8-23;
(2) Be designed to (A) lessen congestion in the streets; (B) secure safety from fire, panic, flood and other dangers; (C) promote health and the general welfare; (D) provide adequate light and air; (E) protect the state's historic, tribal, cultural and environmental resources; (F) facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements; (G) consider the impact of permitted land uses on contiguous municipalities and on the planning region, as defined in section 4-124i, in which such municipality is located; (H) address significant disparities in housing needs and access to educational, occupational and other opportunities; (I) promote efficient review of proposals and applications; and (J) affirmatively further the purposes of the federal Fair Housing Act, 42 USC 3601 et seq., as amended from time to time;
(3) Be drafted with reasonable consideration as to the physical site characteristics of the district and its peculiar suitability for particular uses and with a view to encouraging the most appropriate use of land throughout a municipality;
(4) Provide for the development of housing opportunities, including opportunities for multifamily dwellings, consistent with soil types, terrain and infrastructure capacity, for all residents of the municipality and the planning region in which the municipality is located, as designated by the Secretary of the Office of Policy and Management under section 16a-4a;
(5) Promote housing choice and economic diversity in housing, including housing for both low and moderate income households;
(6) Expressly allow the development of housing which will meet the housing needs identified in the state's consolidated plan for housing and community development prepared pursuant to section 8-37t and in the housing component and the other components of the state plan of conservation and development prepared pursuant to section 16a-26;
(7) Be made with reasonable consideration for the impact of such regulations on agriculture, as defined in subsection (q) of section 1-1;
(8) Provide that proper provisions be made for soil erosion and sediment control pursuant to section 22a-329;
(9) Be made with reasonable consideration for the protection of existing and potential public surface and ground drinking water supplies;
(10) In any municipality that is contiguous to or on a navigable waterway draining to Long Island Sound, (A) be made with reasonable consideration for the restoration and protection of the ecosystem and habitat of Long Island Sound; (B) be designed to reduce hypoxia, pathogens, toxic contaminants and floatable debris on Long Island Sound; and (C) provide that such municipality's zoning commission consider the environmental impact on Long Island Sound coastal resources, as defined in section 22a-93, of any proposal for development; and
(11) Provide that proper provisions be made to mitigate and avoid potential negative impacts to public health, public welfare and the environment, due to sea level change, in consideration of the most recent sea level change scenario updated pursuant to section 25-68o.
(c) Zoning regulations adopted pursuant to subsection (a) of this section may:
(1) To the extent consistent with soil types, terrain and water, sewer and traffic infrastructure capacity for the community, provide for or require cluster development, as defined in section 8-18;
(2) Be made with reasonable consideration for the protection of historic factors;
(3) Require or promote (A) energy-efficient patterns of development; (B) the use of distributed generation or freestanding solar, wind and other renewable forms of energy; (C) combined heat and power; (D) energy conservation; and (E) resilience, as defined in section 16-243y, including, but not limited to, risks related to extreme heat, drought or prolonged or intense exposure to precipitation;
(4) Provide for incentives for developers who use (A) solar and other renewable forms of energy; (B) combined heat and power; (C) water conservation, including demand offsets; (D) energy conservation techniques, including, but not limited to, cluster development, higher density development and performance standards for roads, sidewalks and underground facilities in the subdivision; and (E) flood-risk reduction building methods;
(5) Provide for a municipal or regional system for the creation of development rights and the permanent transfer of such development rights, which may include a system for the variance of density limits in connection with any such transfer;
(6) Provide for notice requirements in addition to those required by this chapter;
(7) Provide for conditions on operations to collect spring water or well water, as defined in section 21a-150, including the time, place and manner of such operations;
(8) Provide for floating zones, overlay zones and planned development districts;
(9) Require estimates of vehicle miles traveled and vehicle trips generated in lieu of, or in addition to, level of service traffic calculations to assess (A) the anticipated traffic impact of proposed developments; and (B) potential mitigation strategies such as reducing the amount of required parking for a development or requiring public sidewalks, crosswalks, bicycle paths, bicycle racks or bus shelters, including off-site;
(10) In any municipality where a traprock ridge or an amphibolite ridge is located, (A) provide for development restrictions in ridgeline setback areas; and (B) restrict quarrying and clear cutting, except that the following operations and uses shall be permitted in ridgeline setback areas, as of right: (i) Emergency work necessary to protect life and property; (ii) any nonconforming uses that were in existence and that were approved on or before the effective date of regulations adopted pursuant to this section; and (iii) selective timbering, grazing of domesticated animals and passive recreation; and
(11) Provide for sending and receiving sites in conjunction with any transfer of development rights program established pursuant to section 8-2e.”
(1949 Rev., S. 837; November, 1955, S. N10; 1959, P.A. 614, S. 2; 661; 1961, P.A. 569; 1963, P.A. 133; 1967, P.A. 801; P.A. 77-509, S. 1; P.A. 78-314, S. 1; P.A. 80-327, S. 1; P.A. 81-334, S. 2; P.A. 83-388, S. 6, 9; P.A. 84-263; P.A. 85-91, S. 2, 5; 85-279, S. 3; P.A. 87-215, S. 1, 7; 87-232; 87-474, S. 1; 87-490, S. 1; P.A. 88-105, S. 2; 88-203, S. 1; P.A. 89-277, S. 1; P.A. 91-170, S. 1; 91-392, S. 1; 91-395, S. 1, 11; P.A. 92-50; P.A. 93-385, S. 3; P.A. 95-239, S. 2; 95-335, S. 14, 26; P.A. 97-296, S. 2, 4; P.A. 98-105, S. 3; P.A. 10-87, S. 4; P.A. 11-124, S. 2; 11-188, S. 3; P.A. 15-227, S. 25; P.A. 17-39, S. 1; 17-155, S. 2; P.A. 18-28, S. 1, 2; 18-132, S. 1; P.A. 21-29, S. 4; P.A. 23-142, S. 2; P.A. 25-33, S. 16.)
*Note: On and after July 1, 2026, subsection (d) of this section, as amended by section 18 of public act 25-1 of the November special session, is to read as follows:
“(d) Zoning regulations adopted pursuant to subsection (a) of this section shall not:
(1) (A) Prohibit the operation in a residential zone of any family child care home or group child care home located in a residence, or (B) require any special zoning permit or special zoning exception for such operation;
(2) (A) Prohibit the use of receptacles for the storage of items designated for recycling in accordance with section 22a-241b or require that such receptacles comply with provisions for bulk or lot area, or similar provisions, except provisions for side yards, rear yards and front yards; or (B) unreasonably restrict access to or the size of such receptacles for businesses, given the nature of the business and the volume of items designated for recycling in accordance with section 22a-241b, that such business produces in its normal course of business, provided nothing in this section shall be construed to prohibit such regulations from requiring the screening or buffering of such receptacles for aesthetic reasons;
(3) Impose conditions and requirements on manufactured homes, including mobile manufactured homes built in accordance with federal manufactured home construction and safety standards or on lots containing such manufactured homes, including mobile manufactured home parks, if those conditions and requirements are substantially different from conditions and requirements imposed on (A) single-family dwellings; (B) lots containing single-family dwellings; or (C) multifamily dwellings, lots containing multifamily dwellings, cluster developments or planned unit developments;
(4) (A) Prohibit the continuance of any nonconforming use, building or structure existing at the time of the adoption of such regulations; (B) require a special permit or special exception for any such continuance; (C) provide for the termination of any nonconforming use solely as a result of nonuse for a specified period of time without regard to the intent of the property owner to maintain that use; or (D) terminate or deem abandoned a nonconforming use, building or structure unless the property owner of such use, building or structure voluntarily discontinues such use, building or structure and such discontinuance is accompanied by an intent to not reestablish such use, building or structure. The demolition or deconstruction of a nonconforming use, building or structure shall not by itself be evidence of such property owner's intent to not reestablish such use, building or structure;
(5) Prohibit the installation, in accordance with the provisions of section 8-1bb, of temporary health care structures for use by mentally or physically impaired persons if such structures comply with the provisions of said section, unless the municipality opts out in accordance with the provisions of subsection (j) of said section;
(6) Prohibit the operation in a residential zone of any cottage food operation, as defined in section 21a-62b;
(7) Establish for any dwelling unit a minimum floor area that is greater than the minimum floor area set forth in the applicable building, housing or other code;
(8) Place a fixed numerical or percentage cap on the number of dwelling units that constitute multifamily housing over four units, middle housing or mixed-use development that may be permitted in the municipality;
(9) Require a minimum number of off-street motor vehicle parking spaces for any residential development except as provided in section 8-3n; or
(10) Be applied to deny any land use application, including for any site plan approval, special permit, special exception or other zoning approval, on the basis of (A) a district's character, unless such character is expressly articulated in such regulations by clear and explicit physical standards for site work and structures, or (B) the immutable characteristics, source of income or income level of any applicant or end user, other than age or disability whenever age-restricted or disability-restricted housing may be permitted.”
(1949 Rev., S. 837; November, 1955, S. N10; 1959, P.A. 614, S. 2; 661; 1961, P.A. 569; 1963, P.A. 133; 1967, P.A. 801; P.A. 77-509, S. 1; P.A. 78-314, S. 1; P.A. 80-327, S. 1; P.A. 81-334, S. 2; P.A. 83-388, S. 6, 9; P.A. 84-263; P.A. 85-91, S. 2, 5; 85-279, S. 3; P.A. 87-215, S. 1, 7; 87-232; 87-474, S. 1; 87-490, S. 1; P.A. 88-105, S. 2; 88-203, S. 1; P.A. 89-277, S. 1; P.A. 91-170, S. 1; 91-392, S. 1; 91-395, S. 1, 11; P.A. 92-50; P.A. 93-385, S. 3; P.A. 95-239, S. 2; 95-335, S. 14, 26; P.A. 97-296, S. 2, 4; P.A. 98-105, S. 3; P.A. 10-87, S. 4; P.A. 11-124, S. 2; 11-188, S. 3; P.A. 15-227, S. 25; P.A. 17-39, S. 1; 17-155, S. 2; P.A. 18-28, S. 1, 2; 18-132, S. 1; P.A. 21-29, S. 4; P.A. 23-142, S. 2; P.A. 25-33, S. 16; Nov. Sp. Sess. P.A. 25-1, S. 18.)
History: 1959 acts required that regulations be uniform for use of land in district and authorized requirement of special permits or exceptions; 1961 act deleted provision authorizing reconstruction of nonconforming structure destroyed or damaged by fire or casualty provided cost be less than 50% of fair market value of property and reconstruction be commenced within six months; 1963 act allowed municipality to exempt municipal property from zoning regulations; 1967 act specified that special acts contrary to provision re special permits or special exceptions have no bearing; P.A. 77-509 allowed considerations of historic factors, sedimentation control and erosion in zoning regulations; P.A. 78-314 allowed regulations to encourage energy-efficient development, energy conservation and use of renewable forms of energy; P.A. 80-327 allowed consideration of water supply protection; P.A. 81-334 authorized regulations to provide for incentives for developers using passive solar energy techniques; P.A. 83-388 required provision be made for soil erosion and sediment control, effective July 1, 1985; P.A. 84-263 provided the regulations shall encourage the development of housing opportunities for all citizens of the municipality consistent with soil types, terrain and infrastructure capacity (Revisor's note: P.A. 84-263, which took effect on October 1, 1984, incorporated the amendment enacted by P.A. 83-388, but the Revisors are of the opinion that (1) this in no way changed the July 1, 1985, effective date of the 1983 act, and (2) the further amendment in the 1984 act took effect on October 1, 1984); P.A. 85-91 specified the date by which provision for soil erosion and sediment control is required; P.A. 85-279 made consideration of the protection of surface water and groundwater mandatory where before it had been discretionary; P.A. 87-215 authorized regulations to provide for additional notice requirements; P.A. 87-232 provided that no regulations shall prohibit the operation of any family day care home or group day care home in a residential zone; P.A. 87-474 clarified authority to regulate water-dependent uses; P.A. 87-490 inserted provisions concerning creation and transfer of development rights; P.A. 88-105 required zoning regulations to be made with reasonable consideration for their impact on agriculture; P.A. 88-203 added provisions re imposition of conditions and requirements on certain manufactured homes and developments to be occupied by certain manufactured homes; P.A. 89-277 added provision specifying that the regulations shall not provide for the termination of a nonconforming use solely as a result of nonuse without regard to intent; P.A. 91-170 designated existing language as Subsec. (a) and added Subsec. (b) re regulations in municipalities contiguous to Long Island Sound; P.A. 91-392 required regulations to encourage opportunities for multifamily dwellings for residents of municipality and planning region, to promote housing choice and economic diversity in housing and to encourage housing development consistent with the state housing plan and the state plan of conservation and development; P.A. 91-395 authorized adoption of regulations under this section to provide for cluster development; P.A. 92-50 amended Subsec. (a) to eliminate reference to adoption of regulations in accordance with the comprehensive plan and substituted consideration of the plan of development in lieu thereof; P.A. 93-385 amended Subsec. (a) by requiring that regulations be made in accordance with a comprehensive plan; P.A. 95-239 added Subsec. (c) re development restrictions in ridgeline setback areas (Revisor's note: Uppercase alphabetic Subdiv. indicators were replaced editorially by the Revisors with numeric indicators for consistency with customary statutory usage); P.A. 95-335 amended Subsec. (a) to change “plan of development” to “plan of conservation and development”, effective July 1, 1995; P.A. 97-296 amended Subsec. (a) to allow regulations to provide for conditions on operations to collect spring or well water, effective July 8, 1997; P.A. 98-105 amended Subsec. (c) to provide for protection of amphibolite ridgelines; P.A. 10-87 amended Subsec. (a) by making technical changes and adding provision prohibiting regulations from prohibiting use of receptacles for storage of items designated for recycling or requiring such receptacles to comply with provisions for bulk or lot area and prohibiting regulations from unreasonably restricting access to or size of such receptacles for businesses; P.A. 11-124 amended Subsec. (a) by replacing “housing plan” with “state's consolidated plan for housing and community development”; P.A. 11-188 amended Subsec. (a) by adding reference to Sec. 1-1(q) re definition of “agriculture”; pursuant to P.A. 15-227, “group day care home” and “family day care home” were changed editorially by the Revisors to “group child care home” and “family child care home”, respectively, in Subsec. (a), effective July 1, 2015; P.A. 17-39 amended Subsec. (a) to add provision re regulations not terminating or deeming abandoned nonconforming use, building or structure, effective July 1, 2017; P.A. 17-155 amended Subsec. (a) to add provision re town opt out and installation of temporary health care structures; P.A. 18-28 amended Subsec. (a) by adding provision re zoning commission may regulate brightness and illumination of advertising signs and billboards, and added Subsec. (d) exempting certain advertising signs or billboards from municipal ordinance or regulation re brightness or illumination when installed prior to adoption of ordinance or regulation, effective July 1, 2018; P.A. 18-132 amended Subsec. (a) by adding provision re regulations that require special permit or special exception for continuance, effective July 1, 2018; P.A. 21-29 substantially revised section, including by restructuring existing Subsec. (a) into new Subsecs. (a) to (e), moving provision re Long Island Sound from former Subsec. (b) to Subsec. (b)(10), moving provision re traprock ridge from former Subsec. (d) to Subsec. (c)(10), redesignating existing Subsec. (d) as Subsec. (f), in Subsec. (b)(2) adding Subpara.(E) re state's resources, Subpara.(G) re contiguous municipalities, Subpara.(H) re significant disparities, Subpara.(I) re efficient proposal and application review and Subpara.(J) re federal Fair Housing Act, deleting provisions re land overcrowding and undue population concentration, in Subsec. (b)(3) changing “character” to “physical site characteristics” and deleting reference to conserving building value, in Subsec. (b)(6) changing “encourage” to “expressly allow”, in Subsec. (c)(3)(B) adding “distributed generation or freestanding” and “wind”, in Subsec. (c)(4) deleting “passive solar energy techniques”, adding Subpara.(B) re combined heat and power, Subpara. (C) re water conservation and Subpara. (D) re energy conservation techniques, in Subsec. (c) adding Subdiv. (8) re floating and overlay zones and Subdiv. (9) re traffic impacts and mitigation strategies, in Subsec. (d)(3) adding “mobile manufactured homes” and “mobile manufactured home parks” and deleting provision re manufactured homes, in Subsec. (d) by adding Subdiv. (6) re cottage food operations, Subdiv. (7) re minimum floor area, Subdiv. (8) re cap on dwelling units, Subdiv. (9) re parking spaces and Subdiv. (10) re land use application denials and making technical changes; P.A. 23-142 amended Subsec. (d) to prohibit municipalities from prohibiting the operation of group child care homes in residences or from requiring a special zoning permit or exception to operate such facilities; P.A. 25-33 added Subsec. (b)(11) re revisions to avoid impacts of sea level rise, added Subsec. (c)(3)(E) re resilience, added Subsec. (c)(4)(E) re flood-risk reduction building methods, amended Subsec. (c)(5) to add reference to regional systems, and added Subsec. (c)(11) re provision of sending and receiving sites for the transfer of development rights, effective October 1, 2027; Nov. Sp. Sess. P.A. 25-1 amended Subsec. (d)(3) to delete minimum width requirement for mobile manufactured homes, and amended Subsec. (d)(9) re elimination of certain minimum parking requirements, effective July 1, 2026.
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Sec. 8-2c. Payment of a fee in lieu of parking requirements. Notwithstanding the provisions of any special act, any town, city or borough having zoning authority pursuant to this chapter or any special act or planning authority pursuant to chapter 126 or any special act may, by regulation of the authority exercising zoning or planning power, provide that an applicant may be allowed to pay a fee to the town, city or borough in lieu of any requirement to provide parking spaces in connection with any residential or mixed-used development that contains sixteen or more dwelling units, as defined in section 47a-1, or any commercial development. Such regulation shall provide that no such fee shall be accepted by the town, city or borough unless the authority exercising zoning or planning power has found and declared that the number of parking spaces which would be required in connection with such use of land pursuant to any existing planning or zoning regulation: (1) Would result in an excess of parking spaces for such use of land or in the area surrounding such use of land; or (2) could not be physically located on the parcel of land for which such use is proposed and such regulation shall further provide that the amount of such fee shall be determined in accordance with a formula or schedule of fees set forth in such regulations and that no such fee shall be imposed or paid without the consent of the applicant and the zoning or planning authority, as the case may be. In any case in which a fee is proposed to be accepted in lieu of a parking requirement because the number of parking spaces required could not be physically located on the parcel of land for which such use is proposed, a two-thirds vote of the zoning or planning authority shall be necessary to consent to such payment. Such regulations may also limit the areas of such town, city or borough in which such payments shall be accepted by the town, city or borough. Any such payment to the town, city or borough shall be deposited in a fund established by the town, city or borough pursuant to this section. Such fund shall be used solely for the acquisition, development, expansion or capital repair of municipal parking facilities, traffic or transportation related capital projects, the provision or operating expenses of transit facilities designed to reduce reliance on private automobiles and capital programs to facilitate carpooling or vanpooling. The proceeds of such fund shall not be used for operating expenses of any kind, except operating expenses of transit facilities, or be considered a part of the municipal general fund. Expenditures from such fund shall be authorized in the same manner as any other capital expenditure of the town, city or borough. Any income earned by any moneys on deposit in such fund shall accrue to the fund.
(P.A. 84-497; P.A. 85-164; P.A. 90-286, S. 7, 9; Nov. Sp. Sess. P.A. 25-1, S. 21.)
History: P.A. 85-164 inserted provisions allowing payments in cases where parking could not be physically located on the subject parcel of land and requiring a two-thirds vote in such cases; P.A. 90-286 authorized the use of the proceeds of the fund for the “operating expenses” of transit facilities designed to reduce reliance on private automobiles; Nov. Sp. Sess. P.A. 25-1 changed requirement re payment in lieu of meeting minimum parking requirements from any use of land pursuant to zoning or planning regulations to residential or mixed-use developments containing 16 or more dwelling units or any commercial development, effective January 1, 2026.
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Sec. 8-2e. Municipal agreements regarding development rights. (a) 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. Such agreement may provide that such system be administered by a regional council of governments or other agency.
(b) Any two or more municipalities that have executed an agreement pursuant to subsection (a) of this section may, by interlocal agreement, establish a transfer of development rights bank. Each such interlocal agreement shall (1) identify potential sending and receiving sites, (2) include the local legislation governing development rights that has been adopted or is intended to be adopted by the municipality or municipalities in which the receiving site is located, (3) describe procedures for the termination of the transfer of development rights bank, and (4) describe the conversion ratio to be used in the receiving site, which may express the extent of additional development rights in any combination of units, floor area, height or other applicable development standards that may be modified by the municipality to provide incentives for the purchase of development rights.
(c) Each receiving site identified pursuant to subsection (b) of this section shall (1) be eligible for connection with a public water system, (2) be located not more than one-half mile from public transportation facilities, as defined in section 13b-79kk, (3) not be located within the boundaries of core forest, as defined in section 16a-3k, (4) not be located within the boundaries of any area impacted by the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, and (5) be located above the one-hundred-year flood elevation.
(d) Eligible sending sites may include, but need not be limited to, (1) core forest, as defined in section 16a-3k, (2) land classified as farm land in accordance with section 12-107c, (3) agricultural land, as defined in section 22-3, (4) areas identified as containing habitat for endangered or threatened species pursuant to (A) federal law, (B) section 26-306 or 26-308, or (C) a written determination of the United States Fish and Wildlife Service or a state and federally recognized tribe that such area is appropriate for the preservation of endangered or threatened species habitat, and (5) areas within the boundaries of any area impacted by the most recent sea level change scenario updated pursuant to subsection (b) of section 25-68o, or a floodplain, as defined in section 25-68i.
(P.A. 87-490, S. 2; P.A. 25-33, S. 18.)
History: P.A. 25-33 designated existing provision as Subsec. (a) and added provision re such system being administered by regional council of governments, and added Subsecs. (b) to (d) re establishment of transfer of development rights bank by 2 or more municipalities, effective July 1, 2025.
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Sec. 8-2f. Joint applications necessary for transfer of development rights. Section 8-2f is repealed, effective July 1, 2025.
(P.A. 87-490, S. 3; P.A. 25-33, S. 33.)
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Sec. 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 acquiring, constructing, rehabilitating or repairing housing affordable to persons and families of low and moderate income, acquiring real property to be used for such housing or incentivizing deed restrictions that preserve real property for use as such housing. “Inclusionary zoning” does not include the use of funds from any such housing trust fund to acquire real property by eminent domain regardless of the intended use of such property.
(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; P.A. 25-73, S. 8.)
History: P.A. 25-73 redefined “inclusionary zoning” to include municipal acquisition of affordable housing or incentivization of deed restrictions creating affordable housing.
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Sec. 8-2o. Zoning regulations re accessory apartments. Municipal opt-out; exception. (a) Any zoning regulations adopted pursuant to section 8-2 shall:
(1) Designate locations or zoning districts within the municipality in which accessory apartments are allowed, provided at least one accessory apartment shall be allowed as of right on each lot that contains a single-family dwelling and no such accessory apartment shall be required to be an affordable accessory apartment;
(2) Allow accessory apartments to be attached to or located within the proposed or existing principal dwelling, or detached from the proposed or existing principal dwelling and located on the same lot as such dwelling;
(3) Set a maximum net floor area for an accessory apartment of not less than thirty per cent of the net floor area of the principal dwelling, or one thousand square feet, whichever is less, except that such regulations may allow a larger net floor area for such apartments;
(4) Require setbacks, lot size and building frontage less than or equal to that which is required for the principal dwelling, and require lot coverage greater than or equal to that which is required for the principal dwelling;
(5) Provide for height, landscaping and architectural design standards that do not exceed any such standards as they are applied to single-family dwellings in the municipality;
(6) Be prohibited from requiring (A) a passageway between any such accessory apartment and any such principal dwelling, (B) an exterior door for any such accessory apartment, except as required by the applicable building or fire code, (C) any more than one parking space for any such accessory apartment, or fees in lieu of parking otherwise allowed by section 8-2c, (D) a familial, marital or employment relationship between occupants of the principal dwelling and accessory apartment, (E) a minimum age for occupants of the accessory apartment, (F) separate billing of utilities otherwise connected to, or used by, the principal dwelling unit, or (G) periodic renewals for permits for such accessory apartments; and
(7) Be interpreted and enforced such that nothing in this section shall be in derogation of (A) applicable building code requirements, (B) the ability of a municipality to prohibit or limit the use of accessory apartments for short-term rentals or vacation stays, or (C) other requirements where a well or private sewerage system is being used, provided approval for any such accessory apartment shall not be unreasonably withheld.
(b) The as of right permit application and review process for approval of accessory apartments shall require that a decision on any such application be rendered not later than sixty-five days after receipt of such application by the applicable zoning commission, except that an applicant may consent to one or more extensions of not more than an additional sixty-five days or may withdraw such application.
(c) A municipality shall not (1) condition the approval of an accessory apartment on the correction of a nonconforming use, structure or lot, or (2) require the installation of fire sprinklers in an accessory apartment if such sprinklers are not required for the principal dwelling located on the same lot or otherwise required by the fire code.
(d) A municipality, special district, sewer or water authority shall not (1) consider an accessory apartment to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless such accessory apartment was constructed with a new single-family dwelling on the same lot, or (2) require the installation of a new or separate utility connection directly to an accessory apartment or impose a related connection fee or capacity charge.
(e) If a municipality fails to adopt new regulations or amend existing regulations by January 1, 2023, for the purpose of complying with the provisions of subsections (a) to (d), inclusive, of this section, and unless such municipality opts out of the provisions of said subsections in accordance with the provisions of subsection (f) of this section, any noncompliant existing regulation shall become null and void and such municipality shall approve or deny applications for accessory apartments in accordance with the requirements for regulations set forth in the provisions of subsections (a) to (d), inclusive, of this section until such municipality adopts or amends a regulation in compliance with said subsections. A municipality may not use or impose additional standards beyond those set forth in subsections (a) to (d), inclusive, of this section.
(f) Notwithstanding the provisions of subsections (a) to (d), inclusive, of this section, 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 provisions of said subsections regarding the allowance of accessory apartments, 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 provisions of said subsections within the period of time permitted under section 8-7d, (3) states in the records of such commission 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, such municipality's board of selectmen, by a two-thirds vote, may complete the process by which such municipality opts out of the provisions of subsections (a) to (d), inclusive, of this section, except that, on and after January 1, 2023, no municipality may opt out of the provisions of said subsections.
(g) Notwithstanding any prior action of the municipality to opt out of the provisions of subsections (a) to (d), inclusive, of this section, pursuant to subsection (f) of this section, any owner of real property located within a transit-oriented district, as defined in section 8-13hh, who has owned such real property located within a transit-oriented district in the municipality for not fewer than three years, may construct an accessory apartment on such real property as of right, provided such accessory apartment complies with any structural or architectural requirements imposed by any zoning regulations adopted pursuant to section 8-2.
(P.A. 21-29, S. 6; Nov. Sp. Sess. P.A. 25-1, S. 13, 22.)
History: P.A. 21-29 effective January 1, 2022; Nov. Sp. Sess. P.A. 25-1 made technical changes in Subsec. (f) and added Subsec. (g) re construction of accessory apartment units located in transit-oriented districts as of right, effective January 1, 2026.
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Sec. 8-2p. Municipal opt-out re dwelling unit parking space limitations. Section 8-2p is repealed, effective January 1, 2026.
(P.A. 21-29, S. 5; P.A. 22-23, S. 2; Nov. Sp. Sess. P.A. 25-1, S. 53.)
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Sec. 8-2r. Zoning regulations re vacant nursing home conversions into multifamily housing. Summary review process. (a) For the purposes of this section, (1) “summary review” means able to be approved in accordance with the terms of a zoning regulation or regulations, including, but not limited to, requirements concerning setbacks, lot size and building frontage, applicable to a proposed development, and without requiring that a public hearing be held, a variance, special permit or special exception be granted or some other discretionary zoning action be taken, other than a determination that a site plan is in conformance with applicable zoning regulations and that public health and safety will not be substantially impacted, (2) “dwelling unit” has the same meaning as provided in section 47a-1, (3) “multifamily housing” has the same meaning as provided in section 8-13m, and (4) “nursing home” has the same meaning as provided in section 19a-490.
(b) Any zoning regulations adopted by a municipality pursuant to section 8-2 shall allow for the conversion of any nursing home into multifamily housing subject only to summary review, provided (1) such nursing home is a freestanding structure, (2) such nursing home is not a nonconforming use, (3) such conversion does not result in the substantial alteration of the footprint of such structure, (4) such conversion does not result in the total demolition of such structure, and (5) the owner of such nursing home has declared, in writing to the municipality, that such nursing home has been vacant for a period of not less than ninety days immediately preceding the submission of the summary review application to the planning commission, zoning commission or combined planning and zoning commission of the municipality.
(c) Notwithstanding the provisions of subdivisions (3) and (4) of subsection (b) of this section, a municipality may require that a public hearing be held, a variance, special permit or special exemption be granted or some other discretionary zoning action be taken if the conversion of the nursing home structure into multifamily housing will result in the substantial alteration of the footprint of such structure or the total demolition of such structure.
(d) The summary review process for the approval of the conversion of a nursing home into multifamily housing shall require that a decision on any such application be rendered not later than sixty-five days after receipt of such application by the planning commission, zoning commission or combined planning and zoning commission, except an applicant may consent to one or more extensions of not more than an additional sixty-five days or may withdraw such application.
(P.A. 24-143, S. 3; Nov. Sp. Sess. P.A. 25-1, S. 17.)
History: Nov. Sp. Sess. P.A. 25-1 amended Subsec. (a) to redefine “summary review”, effective January 1, 2026.
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Sec. 8-2s. *(See end of section for amended version and effective date.) Zoning regulations re middle housing development. Housing unit-equivalent points. (a) Any zoning regulations adopted pursuant to section 8-2 may allow for the as-of-right development of any type of middle housing on any lot that allows for residential use, commercial use or mixed-use development.
(b) Any municipality that adopts zoning regulations that allow for the as-of-right development of middle housing as described in subsection (a) of this section shall be awarded one-quarter housing unit-equivalent point pursuant to subdivision (6) of subsection (l) of section 8-30g, for each dwelling unit, as defined in section 47a-1, for which a certificate of occupancy has been issued by the municipality.
(c) No municipality that has (1) adopted zoning regulations that allow for the as-of-right development of middle housing as described in subsection (a) of this section, (2) been awarded housing unit-equivalent points pursuant to subsection (b) of this section, and (3) qualified for a moratorium from the affordable housing appeals procedure under subsection (l) of section 8-30g, based in part on housing unit-equivalent points awarded pursuant to subsection (b) of this section shall repeal or substantially modify such zoning regulations concerning the as-of-right development of middle housing during the period of such moratorium.
(P.A. 24-143, S. 11.)
*Note: On and after July 1, 2026, this section, as amended by section 16 of public act 25-1 of the November special session, is to read as follows:
“Sec. 8-2s. Zoning regulations re transit community middle housing development. Housing unit-equivalent points. (a) On and after July 1, 2026, any zoning regulations adopted or amended pursuant to section 8-2 (1) shall allow for the development of a transit community middle housing development, as defined in section 8-13hh, or a mixed-use development, on any lot that is zoned for commercial or mixed-use development, subject only to summary review, as defined in section 8-2r, and (2) may allow for the development of a transit community middle housing development on any lot that allows for residential use subject only to such summary review.
(b) Any municipality that adopts zoning regulations that allow for the development of a transit community middle housing development as described in subdivision (2) of subsection (a) of this section shall be awarded one-quarter housing unit-equivalent point pursuant to subdivision (6) of subsection (l) of section 8-30g for each unit of such middle housing for which a certificate of occupancy has been issued by the municipality.
(c) No municipality that has (1) adopted zoning regulations that allow for the development of a transit community middle housing development as described in subdivision (2) of subsection (a) of this section, (2) been awarded housing unit-equivalent points pursuant to subsection (b) of this section, and (3) qualified for a moratorium from the affordable housing appeals procedure under subsection (l) of section 8-30g based in part on housing unit-equivalent points awarded pursuant to subsection (b) of this section shall repeal or substantially modify such zoning regulations concerning such development of such middle housing during the period of such moratorium.”
(P.A. 24-143, S. 11; Nov. Sp. Sess. P.A. 25-1, S. 16.)
History: Nov. Sp. Sess. P.A. 25-1 substantially amended Subsec. (a) to allow for transit community middle housing development subject only to summary review, and made technical and conforming changes in Subsecs. (b) and (c), effective July 1, 2026.
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Sec. 8-2t. Conversion of commercial buildings into residential developments. (a) As used in this section:
(1) “Summary review” has the same meaning as provided in section 8-2r;
(2) “Commercial building” means a structure designed or used primarily for nonresidential purposes, including, but not limited to, hotels, retail space and office space. “Commercial building” does not include an industrial building;
(3) “Dwelling unit” has the same meaning as provided in section 47a-1;
(4) “Industrial building” means a structure that is used primarily for industrial activity and is generally not open to the public, including, but not limited to, warehouses, factories and storage facilities; and
(5) “Residential development” means a structure or structures, or a portion of a structure, that contains one or more dwelling units.
(b) Any zoning regulations adopted pursuant to section 8-2 may allow the conversion or partial conversion of any commercial building into a residential development subject only to summary review if the owner of such building certifies in writing to the municipality, in a form and manner prescribed by the municipality, that such building has (1) been vacant, or (2) had an average occupancy rate of less than fifty per cent, over the one-year period immediately preceding the application for such conversion or partial conversion.
(c) A municipality shall not condition the approval of the conversion or partial conversion of a commercial building into a residential development on the correction of a nonconforming use, structure or lot.
(d) Nothing in this section shall be interpreted or enforced to exempt the conversion or partial conversion of a commercial building into a residential development from the requirements of any applicable building code, fire safety code or fire prevention code. No municipality shall unreasonably delay any inspection required in connection with such conversion or partial conversion.
(e) The summary review application and review process for approval of the conversion or partial conversion of a commercial building into a residential development shall require that a decision on any such application be rendered not later than sixty-five days after receipt of such application by the applicable planning commission, zoning commission or combined planning and zoning commission, except that an applicant may consent to one or more extensions of not more than an additional sixty-five days or may withdraw such application.
(f) Notwithstanding the provisions of section 12-62, no municipality shall subject a commercial building that has been converted or partially converted under this section to a revaluation, as defined in section 12-62, for a period of three years from the date of issuance of a certificate of occupancy in connection with such conversion or partial conversion.
(g) A municipality that adopts or has adopted zoning regulations pursuant to section 8-2 that allow for the conversion or partial conversion of any commercial building into a residential development pursuant to this section shall be given priority funding by the Commissioner of Economic and Community Development under the greyfield revitalization program established pursuant to section 32-9y.
(P.A. 25-164, S. 1; Nov. Sp. Sess. P.A. 25-1, S. 49.)
History: Nov. Sp. Sess. P.A. 25-1 made technical changes in Subsec. (g), effective November 26, 2025.
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Sec. 8-3. Establishment and changing of zoning regulations and districts. Enforcement of regulations. Certification of building permits and certificates of occupancy. Site plans. District for water-dependent uses. (a) Such zoning commission shall provide for the manner in which regulations under section 8-2 or 8-2j and the boundaries of zoning districts shall be respectively established or changed. No such regulation or boundary shall become effective or be established or changed until after a public hearing in relation thereto, held by a majority of the members of the zoning commission or a committee thereof appointed for that purpose consisting of at least five members. Such hearing shall be held in accordance with the provisions of section 8-7d. A copy of such proposed regulation or boundary shall be filed in the office of the town, city or borough clerk, as the case may be, in such municipality, but, in the case of a district, in the offices of both the district clerk and the town clerk of the town in which such district is located, for public inspection at least ten days before such hearing, and may be published in full in such paper. The commission may require a filing fee to be deposited with the commission to defray the cost of publication of the notice required for a hearing.
(b) Such regulations and boundaries shall be established, changed or repealed only by a majority vote of all the members of the zoning commission, except as otherwise provided in this chapter. In making its decision, the commission shall take into consideration the plan of conservation and development, prepared pursuant to section 8-23, and shall state on the record its findings on consistency of the proposed establishment, change or repeal of such regulations and boundaries with such plan. If a protest against a proposed change is filed at or before a hearing with the zoning commission, signed by the owners of (1) fifty per cent or more of the area of the lots included in such proposed change, (2) fifty per cent or more of the owners of the lots included in such area, or (3) fifty per cent or more of the lots within five hundred feet in all directions of the property included in the proposed change, such change shall not be adopted except by a majority vote of all the members of the commission.
(c) All petitions requesting a change in the regulations or the boundaries of zoning districts shall be submitted in writing and in a form prescribed by the commission and shall be considered at a public hearing within the period of time permitted under section 8-7d. The commission shall act upon the changes requested in such petition. Whenever such commission makes any change in a regulation or boundary it shall state upon its records the reason why such change is made. No such commission shall be required to hear any petition or petitions relating to the same changes, or substantially the same changes, more than once in a period of twelve months.
(d) Zoning regulations or boundaries or changes therein shall become effective at such time as is fixed by the zoning commission, provided a copy of such regulation, boundary or change shall be filed in the office of the town, city or borough clerk, as the case may be, but, in the case of a district, in the office of both the district clerk and the town clerk of the town in which such district is located, and notice of the decision of such commission shall have been published in a newspaper having a substantial circulation in the municipality before such effective date. In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, any applicant or petitioner may provide for the publication of such notice within ten days thereafter.
(e) (1) The zoning commission shall provide for the manner in which the zoning regulations shall be enforced, except that any person newly appointed as a zoning enforcement officer on or after January 1, 2024, shall be certified in accordance with the provisions of subdivision (2) of this subsection.
(2) Beginning January 1, 2024, and annually thereafter, each person newly appointed as a zoning enforcement officer shall obtain, as soon as practicable after such appointment, certification from the Connecticut Association of Zoning Enforcement Officials and maintain such certification for the duration of such person's employment as a zoning enforcement officer.
(f) No building permit or certificate of occupancy shall be issued for a building, use or structure subject to the zoning regulations of a municipality without certification in writing by the official charged with the enforcement of such regulations that such building, use or structure is in conformity with such regulations or is a valid nonconforming use under such regulations. Such official shall inform the applicant for any such certification that such applicant may provide notice of such certification by either (1) publication in a newspaper having substantial circulation in such municipality stating that the certification has been issued, or (2) any other method provided for by local ordinance. Any such notice shall contain (A) a description of the building, use or structure, (B) the location of the building, use or structure, (C) the identity of the applicant, and (D) a statement that an aggrieved person may appeal to the zoning board of appeals in accordance with the provisions of section 8-7.
(g) (1) The zoning regulations may require that a site plan be filed with the commission or other municipal agency or official to aid in determining the conformity of a proposed building, use or structure with specific provisions of such regulations. If a site plan application involves an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the agency responsible for administration of the inland wetlands regulations not later than the day such application is filed with the zoning commission. The commission shall, within the period of time established in section 8-7d, accept the filing of and shall process, pursuant to section 8-7d, any site plan application involving land regulated as an inland wetland or watercourse under chapter 440. The decision of the zoning commission shall not be rendered on the site plan application until the inland wetlands agency has submitted a report with its final decision. In making its decision, the commission shall give due consideration to the report of the inland wetlands agency and if the commission establishes terms and conditions for approval that are not consistent with the final decision of the inland wetlands agency, the commission shall state on the record the reason for such terms and conditions. A site plan may be modified or denied only if it fails to comply with requirements already set forth in the zoning or inland wetlands regulations. Approval of a site plan shall be presumed unless a decision to deny or modify it is rendered within the period specified in section 8-7d. A certificate of approval of any plan for which the period for approval has expired and on which no action has been taken shall be sent to the applicant within fifteen days of the date on which the period for approval has expired. A decision to deny or modify a site plan shall set forth the reasons for such denial or modification. A copy of any decision shall be sent by certified mail to the person who submitted such plan within fifteen days after such decision is rendered. The zoning commission may, as a condition of approval of a site plan or modified site plan, require a financial guarantee in the form of a bond, a bond with surety or similar instrument to ensure (A) the timely and adequate completion of any site improvements that will be conveyed to or controlled by the municipality, and (B) the implementation of any erosion and sediment controls required during construction activities. The amount of such financial guarantee shall be calculated so as not to exceed the anticipated actual costs for the completion of such site improvements or the implementation of such erosion and sediment controls plus a contingency amount not to exceed ten per cent of such costs. At any time, the commission may grant an extension of time to complete any site improvements. The commission shall publish notice of the approval or denial of site plans in a newspaper having a general circulation in the municipality. In any case in which such notice is not published within the fifteen-day period after a decision has been rendered, the person who submitted such plan may provide for the publication of such notice within ten days thereafter. The provisions of this subsection shall apply to all zoning commissions or other final zoning authority of each municipality whether or not such municipality has adopted the provisions of this chapter or the charter of such municipality or special act establishing zoning in the municipality contains similar provisions.
(2) To satisfy any financial guarantee requirement, the commission may accept surety bonds and shall accept cash bonds, passbook or statement savings accounts and other financial guarantees other than surety bonds including, but not limited to, letters of credit, provided such other financial guarantee is in a form acceptable to the commission and the financial institution or other entity issuing any letter of credit is acceptable to the commission. Such financial guarantee may, at the discretion of the person posting such financial guarantee, be posted at any time before all approved site improvements are completed, except that the commission may require a financial guarantee for erosion and sediment controls prior to the commencement of any such site improvements. No certificate of occupancy shall be issued before a required financial guarantee is posted or the approved site improvements are completed to the reasonable satisfaction of the commission or its agent. For any site plan that is approved for development in phases, the financial guarantee provisions of this section shall apply as if each phase was approved as a separate site plan. Notwithstanding the provisions of any special act, municipal charter or ordinance, no commission shall (A) require a financial guarantee or payment to finance the maintenance of roads, streets, retention or detention basins or other improvements approved with such site plan for more than one year after the date on which such improvements have been completed to the reasonable satisfaction of the commission or its agent or accepted by the municipality, or (B) require the establishment of a homeowners association or the placement of a deed restriction, easement or similar burden on property for the maintenance of approved public site improvements to be owned, operated or maintained by the municipality, except that the prohibition of this subparagraph shall not apply to the placement of a deed restriction, easement or similar burden necessary to grant a municipality access to such approved site improvements.
(3) If the person posting a financial guarantee under this section requests a release of all or a portion of such financial guarantee, the commission or its agent shall, not later than sixty-five days after receiving such request, (A) release or authorize the release of any such financial guarantee or portion thereof, provided the commission or its agent is reasonably satisfied that the site improvements for which such financial guarantee or portion thereof was posted have been completed, or (B) provide the person posting such financial guarantee with a written explanation as to the additional site improvements that must be completed before such financial guarantee or portion thereof may be released.
(h) Notwithstanding the provisions of the general statutes or any public or special act or any local ordinance, when a change is adopted in the zoning regulations or boundaries of zoning districts of any town, city or borough, no improvements or proposed improvements shown on a site plan for residential property which has been approved prior to the effective date of such change, either pursuant to an application for special exception or otherwise, by the zoning commission of such town, city or borough, or other body exercising the powers of such commission, and filed or recorded with the town clerk, shall be required to conform to such change.
(i) In the case of any site plan approved on or after October 1, 1984, except as provided in subsection (j) of this section, all work in connection with such site plan shall be completed within five years after the approval of the plan. The certificate of approval of such site plan shall state the date on which such five-year period expires. Failure to complete all work within such five-year period shall result in automatic expiration of the approval of such site plan, except in the case of any site plan approved on or after October 1, 1989, the zoning commission or other municipal agency or official approving such site plan may grant one or more extensions of the time to complete all or part of the work in connection with the site plan provided the total extension or extensions shall not exceed ten years from the date such site plan is approved. “Work” for purposes of this subsection means all physical improvements required by the approved plan.
(j) In the case of any site plan for a project consisting of four hundred or more dwelling units approved on or after June 19, 1987, all work in connection with such site plan shall be completed within ten years after the approval of the plan. In the case of any commercial, industrial or retail project having an area equal to or greater than four hundred thousand square feet approved on or after October 1, 1988, the zoning commission or other municipal agency or official approving such site plan shall set a date for the completion of all work in connection with such site plan, which date shall be not less than five nor more than ten years from the date of approval of such site plan, provided such commission, agency or official approving such plan and setting a date for completion which is less than ten years from the date of approval may extend the date of completion for an additional period or periods, not to exceed ten years in the aggregate from the date of the original approval of such site plan. The certificate of approval of such site plan shall state the date on which such work shall be completed. Failure to complete all work within such period shall result in automatic expiration of the approval of such site plan. “Work” for purposes of this subsection means all physical improvements required by the approved plan.
(k) A separate zoning district may be established for shorefront land areas utilized for water-dependent uses, as defined in section 22a-93, existing on October 1, 1987. Such district may be composed of a single parcel of land, provided the owner consents to such establishment. The provisions of this section shall not be construed to limit the authority of a zoning commission to establish and apply land use districts for the promotion and protection of water-dependent uses pursuant to section 8-2 and sections 22a-101 to 22a-104, inclusive. The provisions of this subsection shall apply to all zoning commissions or other final zoning authority of each municipality whether or not such municipality has adopted the provisions of this chapter or the charter of such municipality or special act establishing zoning in the municipality contains similar provisions.
(l) Notwithstanding the provisions of this section to the contrary, any site plan approval made under this section on or before October 1, 1989, except an approval made under subsection (j) of this section, shall expire not more than seven years from the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such site plan, provided the time for all extensions under this subsection shall not exceed ten years from the date the site plan was approved.
(m) (1) Notwithstanding the provisions of this section, any site plan approval made under this section prior to July 1, 2011, that has not expired prior to July 12, 2021, except an approval made under subsection (j) of this section, shall expire not less than fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such site plan, provided no approval, including all extensions, shall be valid for more than nineteen years from the date the site plan was approved.
(2) Notwithstanding the provisions of this section, any site plan approval made under this section on or after July 1, 2011, but prior to June 10, 2021, that did not expire prior to March 10, 2020, except an approval made under subsection (j) of this section, shall expire not less than fourteen years after the date of such approval and the commission may grant one or more extensions of time to complete all or part of the work in connection with such site plan, provided no approval, including all extensions, shall be valid for more than nineteen years from the date the site plan was approved.
(3) For the purposes of this subdivision, “business” means a sole proprietorship, trust, corporation, limited liability company, union, association, firm, partnership or other organization or group of persons. A business that fails to complete any improvement required by a site plan approval, or constructs an improvement that does not conform to the specifications required by the site plan approval applicable to such improvement, may be deemed in violation of this subsection if the zoning enforcement officer finds that (A) such approval has not expired, (B) the business has suspended efforts to complete work necessary to meet the requirements of such approval prior to the completion of such work and the zoning enforcement officer determines the business has no intent to resume such work within a reasonable time, and (C) the incomplete or nonconforming work creates a condition constituting a public health or safety hazard. The zoning enforcement officer may initiate an enforcement action pursuant to section 8-12 against a business that violates this subdivision.
(1949 Rev., S. 838; 1951, 1953, June, 1955, S. 375d; 1957, P.A. 662; 1959, P.A. 452; 577, S. 4; 614, S. 3; February, 1965, P.A. 622, S. 1; 1971, P.A. 862, S. 1; P.A. 77-450, S. 1; 77-509, S. 2; P.A. 78-104, S. 4; P.A. 80-177; P.A. 82-90; P.A. 84-147, S. 1; 84-174; P.A. 86-236, S. 1; P.A. 87-215, S. 2, 7; 87-371, S. 2, 5; 87-474, S. 2; 87-533, S. 7, 14; P.A. 88-105, S. 1; P.A. 89-277, S. 2; 89-356, S. 10, 11; P.A. 91-153, S. 1; P.A. 93-19, S. 1, 3; P.A. 00-145, S. 2; P.A. 02-74, S. 1; 02-77, S. 1; P.A. 03-144, S. 1; 03-177, S. 1; P.A. 06-20, S. 1; P.A. 07-102, S. 1; P.A. 08-38, S. 1; P.A. 09-181, S. 1; P.A. 11-5, S. 1; 11-79, S. 1; P.A. 12-182, S. 1; P.A. 21-29, S. 8; 21-34, S. 3; 21-163, S. 1; P.A. 23-173, S. 1; P.A. 25-53, S. 1; Nov. Sp. Sess. P.A. 25-1, S. 24.)
History: 1959 acts provided notice of hearing be published “in the form of a legal advertisement appearing” in a newspaper, provided for filing of copy of regulations and proposed regulations in case of district, provided protest of change to be effective must be signed by at least 20% of property owners within 500 feet “in all directions” rather than “in any direction” and that a two-thirds rather than three-quarters vote of commission is needed to overcome protest, allowed petitions for change in regulations as well as boundaries and added “or substantially the same changes” in the last sentence; 1965 act required copy of zoning regulations, boundaries or changes in the case of a district be filed with both district and town clerk and specified notice of decision of commission, rather than of the filing of the regulation, boundary or change, be published; 1971 act required that hearing be held within 65, rather than 90, days after receipt of petition, that decision be made within 65, rather than 90, days after hearing and that extensions not exceed 65 days; P.A. 77-450 made provisions of Sec. 8-7d applicable to changes and amendments and replaced 65 periods for hearing, decision and extension with time period permitted under Sec. 8-7d; P.A. 77-509 divided section into Subsecs., placed provision for filing fee in Subsec. (a) rather than Subsec. (c), required recording of reasons for making changes in Subsec. (c) and added Subsecs. (d) to (g), inclusive, re effective dates, enforcement, building permits and site plans; P.A. 78-104 amended Subsec. (g) to specify that site plans may be modified or denied only for noncompliance and to replace reference to 65-day period for decision or extensions with reference to time periods in Sec. 8-7d; P.A. 80-177 amended Subsec. (g) concerning posting of bond as condition of approval; P.A. 82-90 amended Subsec. (g) to provide for issuance of a certificate of approval upon the expiration of the time limit and for the publication of notices of approval; P.A. 84-147 added Subsecs. (h) and (i) concerning the effect of subsequent zoning changes on approved site plans and expiration of site plan approval; P.A. 84-174 amended Subsec. (f) to include certificates of occupancy; P.A. 86-236 amended Subsec. (g) to require the commission to publish notice of the denial of site plans; P.A. 87-215 amended Subsec. (a) to allow for notice by mail to included and adjacent landowners; P.A. 87-371 added Subsec. (j) concerning completion of work on site plans for projects consisting of 400 or more dwelling units; P.A. 87-474 added Subsec. (k) regarding separate zoning districts for shorefront land areas utilized for dependent uses; P.A. 87-533 amended Subsec. (g) to add provision re site plan applications involving activities regulated under Secs. 22a-36 to 22a-45, inclusive; P.A. 88-105 amended Subsec. (j) to provide for expiration of site plan approval in the case of certain commercial, industrial or retail projects; P.A. 89-277 amended Subsec. (i) to authorize the granting of one or more extensions of the 5-year period for site plans approved on or after October 1, 1989, and limited the total extension or extensions to 10 years; P.A. 89-356 amended Subsec. (d) to authorize any applicant or petitioner for a change in zoning regulations or boundaries to provide for publication of the notice of the decision of the commission when such notice is not published in a timely manner and amended Subsec. (g) to authorize the person who submitted a site plan application to provide for the publication of the notice of the decision of the commission when such notice is not published in a timely manner; P.A. 91-153 added Subsec. (l) which provided that site plans approved on or before October 1, 1989, be valid for 7 years after the date of approval; P.A. 93-19 amended Subsec. (g) to authorize planning commissions to extend the time to complete work on a modified site plan and to condition such approval in determination of the adequacy of the bond, amended Subsec. (i) to replace reference to a 5-year period with provisions re completion of work and amended Subsec. (l) to authorize extensions of site plans approved on or before October 1, 1989, effective April 21, 1993; P.A. 00-145 amended Subsec. (a) to add reference to Sec. 8-2j; P.A. 02-74 amended Subsec. (b) to require commission to consider the municipal plan of conservation and development in decisions and to state on the record its findings on consistency with such plan; P.A. 02-77 amended Subsec. (c) to authorize commissions to act upon petitions, removing limitation of adoption or denial, effective June 3, 2002, and applicable to petitions filed on and after that date; P.A. 03-144 amended Subsec. (f) to add provisions re notice of certification by the applicant; P.A. 03-177 amended Subsec. (a) to provide that public hearings be conducted in accordance with Sec. 8-7d, and to delete provisions re notice of time and place for public hearing and notice to adjacent landowners, effective October 1, 2003, and applicable to applications filed on or after that date; P.A. 06-20 amended Subsec. (g) to apply subsection to all zoning commissions or final zoning authorities, effective May 2, 2006; P.A. 07-102 amended Subsec. (g) to add provision re acceptance and processing of site plan application involving inland wetlands and watercourses and to replace provision re consideration of report of inland wetlands agency with provision re consideration of report of inland wetlands agency and statement on the record of terms and conditions consistent with final decision of inland wetlands agency; P.A. 08-38 amended Subsec. (g) to substitute “give due consideration to” for “consider” re report of inland wetlands agency, effective May 7, 2008; P.A. 09-181 added Subsec. (m) re site plan approvals made during period from July 1, 2006, to July 1, 2009, effective July 2, 2009; P.A. 11-5 amended Subsec. (m) to apply to site plan approvals made prior to July 1, 2011, that have not expired prior to May 9, 2011, and to provide that approvals shall expire not less than 9 years after approval date and that no approval shall be valid for more than 14 years, effective May 9, 2011; P.A. 11-79 amended Subsec. (g) to redesignate existing provisions as Subdiv. (1) and amend same to add language limiting bond required for modified site plan from exceeding cost to perform modifications plus 10% of bond and delete provision re determination of adequacy of bond amount, and to add Subdivs. (2) and (3) re bond and surety requirements and release of same; P.A. 12-182 amended Subsec. (g) by making extensive changes throughout re posting and release of financial guarantees and re site improvements, effective June 15, 2012, and applicable to all approvals or extensions granted on or after that date; P.A. 21-29 amended Subsec. (e) to designate existing provisions as Subdiv. (1) and amended same to add exception re zoning enforcement officer appointed on or after January 1, 2023, and add Subdiv. (2) re certification of zoning enforcement officers; P.A. 21-34 amended Subsec. (m) to add Subdiv. (2) re expiration of site plan approvals and add Subdiv. designator (1), effective June 10, 2021; P.A. 21-163 amended Subsec. (m) to replace “May 9, 2011” with “July 12, 2021”, replace “less than nine” with “less than fourteen” and replace “more than fourteen” with “more than nineteen”, effective July 12, 2021, and applicable to approvals made prior to July 1, 2011; P.A. 23-173 amended Subsec. (e) to specify that newly appointed zoning officers shall obtain certification as soon as practicable after their appointments; P.A. 25-53 amended Subsec. (m) by adding Subdiv. (3) re permitting enforcement actions against businesses that fail to adequately or timely complete improvements required in connection with site plan approval; Nov. Sp. Sess. P.A. 25-1 amended provisions in Subsec. (b) re signatures required for protest and changed vote of commission needed to overcome protest from two-thirds to majority, effective January 1, 2026.
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Sec. 8-3n. (Note: This section is effective July 1, 2026.) Off-street motor vehicle parking regulations. Parking needs assessments. (a) Except as provided in subsections (b) and (d) of this section, no zoning enforcement officer, planning commission, zoning commission or combined planning and zoning commission shall reject an application for any residential development solely on the basis that such development fails to conform with any requirement for off-street motor vehicle parking spaces unless such officer or commission finds that a lack of such parking spaces will have a specific adverse impact on public health and safety that cannot be mitigated through approval conditions that have no substantial adverse impact on the viability of such development.
(b) A municipality may require a minimum number of off-street motor vehicle parking spaces for a residential development that contains more than sixteen dwelling units, as defined in section 47a-1, provided any such municipality shall allow the proposed developer of such development to submit to the zoning enforcement officer, planning commission, zoning commission or combined planning and zoning commission a parking needs assessment that conforms with the requirements of subsection (c) of this section. Such officer or commission shall condition the approval of such development on the construction of off-street parking spaces not exceeding: (1) One such space for each studio or one-bedroom dwelling and two such spaces for each dwelling unit with two or more bedrooms, or (2) the number of such spaces recommended for the development by the parking needs assessment submitted pursuant to this section, whichever results in the least required number of off-street parking spaces.
(c) A parking needs assessment submitted pursuant to subsection (b) of this section shall be paid for by the proposed developer and shall include an analysis of (1) available existing public and private parking that may be used by residents of the proposed development, (2) public transportation options that may be used by residents of the proposed development that mitigate the need for off-street parking, (3) projected future needs for off-street parking for such proposed development, and (4) any relevant local traffic, parking or safety study.
(d) Notwithstanding the provisions of this section, any municipality, as defined in section 7-148, may adopt not more than two conservation and traffic mitigation districts in which the municipality may require a minimum number of off-street motor vehicle parking spaces for a residential development that contains fewer than sixteen dwelling units, provided (1) no such district shall be larger than four per cent of a municipality's land area, (2) a municipality shall submit a property description of any such district adopted by the municipality to the Secretary of the Office of Policy and Management upon the adoption of such district, (3) any such zones may be contiguous, and (4) the municipality shall allow the proposed developer of such development to submit to the zoning enforcement officer, planning commission, zoning commission or combined planning and zoning commission a parking needs assessment that conforms with the requirements of subsection (c) of this section. If a parking needs assessment is submitted pursuant to subdivision (4) of this subsection, such officer or commission shall condition the approval of such development on the construction of off-street parking spaces not exceeding one such space for each studio or one-bedroom dwelling and two such spaces for each dwelling unit with two or more bedrooms, or the number of such spaces recommended for the development by the parking needs assessment submitted pursuant to this section, whichever results in the least required number of off-street parking spaces.
(e) Not later than ninety days after the receipt of a property description of a conservation and traffic mitigation district adopted pursuant to subdivision (2) of subsection (d) of this section, the secretary shall prepare and submit a report concerning such district to the Council on Housing Development established pursuant to section 8-13ii.
(Nov. Sp. Sess. P.A. 25-1, S. 19.)
History: Nov. Sp. Sess. P.A. 25-1 effective July 1, 2026.
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Sec. 8-3o. (Note: This section is effective July 1, 2026.) Applicability to regulations adopted pursuant to special act zoning authority. On and after July 1, 2026, any regulations adopted by a municipality pursuant to zoning authority granted by a special act shall comply with the provisions of subdivision (9) of subsection (d) of section 8-2, section 8-2s, subsection (g) of section 8-2t and section 8-3n.
(Nov. Sp. Sess. P.A. 25-1, S. 20.)
History: Nov. Sp. Sess. P.A. 25-1 effective July 1, 2026.
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Sec. 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, or for violations of subdivision (3) of subsection (m) of section 8-3, subdivision (3) of subsection (e) of section 8-26c or subsection (d) of section 22a-44. 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 imposed pursuant to this section 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; P.A. 25-53, S. 2.)
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; P.A. 25-53 amended Subsec. (a) to allow municipalities to establish penalties re violations of Sec. 8-3(m)(3), 8-26c(e)(3) or 22a-44(d).
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