CHAPTER 124
ZONING

Table of Contents

Sec. 8-1. Zoning commissions.
Sec. 8-2. Regulations.
Sec. 8-2k. Zoning regulations re construction near lakes.
Sec. 8-2m. Annual study of definition of bodies of water in zoning regulations.
Sec. 8-3e. Regulation of community residences for mentally retarded persons, child-care residential facilities and community residences for persons receiving mental health or addiction services.
Sec. 8-6. Powers and duties of board of appeals.
Sec. 8-7a. Evidence at hearings and meetings to deliberate formal petitions, applications, requests or appeals to be taken by stenographer or recorded.
Sec. 8-8. Appeal from board to court. Mediation. Review by Appellate Court.
Sec. 8-13a. Nonconforming buildings and land uses.

      Sec. 8-1. Zoning commissions.

      Subsec. (a):

      Once municipality adopts provisions of chapter 124 and establishes a zoning commission which then commences its functions in accordance with said chapter, commission is not subject to interference by municipality's legislative body. Municipality's legislative body may not substitute its judgment for that of commission in a matter involving use of municipality's land. 49 CS 183.

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      Sec. 8-2. Regulations.

      Reiterated previous holdings that regulation of uses of land, like regulations for classes of buildings and structures, must be uniform and use of special exceptions authorized. 85 CA 820. Planned development district under special act not authorized under statute since no uniform standards for applications. Id.

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      Sec. 8-2k. Zoning regulations re construction near lakes. (a) For the period from July 13, 2005, until October 1, 2006, the zoning regulations of a municipality, adopted under any special act or section 8-2, shall not authorize the construction of structures, accessory structures and other improvements the total area of which is more than twelve thousand square feet, excluding parking areas, on contiguous parcels of land under common ownership and such construction is within two thousand feet of the boundary of any lake that exceeds five hundred acres. The provisions of this section shall apply to lakes or other bodies of water that have the characteristics of both a lake and reservoir but shall not apply to storage reservoirs or distribution reservoirs or to any part of a lake, pond or stream tributary that is a storage reservoir or distribution reservoir. As used in this section, "storage reservoir" means an artificial impoundment of substantial amounts of water, used or designed for the storage of a public water supply and the release thereof to a distribution reservoir, and "distribution reservoir" means a reservoir from which water is directly released into pipes or pipelines leading to treatment or purification facilities or connected directly with distribution mains of a public water system.

      (b) A municipality shall be exempt from this section if the municipality has in place a plan of conservation and development that has been revised, updated and approved under section 8-23.

      (P.A. 04-248, S. 3; P.A. 05-263, S. 2, 3.) Repealed effective October 1, 2006.

      History: P.A. 04-248 effective June 3, 2004; P.A. 05-263 designated existing provisions as Subsec. (a) and amended same by terminating the application of section on October 1, 2006, excluding parking areas from determination of the total area, applying provisions to lakes that have the characteristics of a lake and reservoir but not to storage reservoirs or distribution reservoirs and defining storage reservoir and distribution reservoir, and added Subsec. (b) re exemption of a municipality with plan of conservation and development, effective July 13, 2005, and subsequently, in the same act, repealed the section, effective October 1, 2006.

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      Sec. 8-2m. Annual study of definition of bodies of water in zoning regulations. Annually, the joint standing committee of the General Assembly having cognizance of matters relating to planning and development shall conduct a study of the definitions of bodies of water, including, but not limited to, lakes, that may be used by local zoning authorities in ordinances adopted under section 8-2. Not later than January 1, 2006, and annually thereafter, said committee shall submit a report, in accordance with section 11-4a, to the General Assembly on its findings and recommendations.

      (P.A. 05-263, S. 1.)

      History: P.A. 05-263 effective July 13, 2005.

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      Sec. 8-3e. Regulation of community residences for mentally retarded persons, child-care residential facilities and community residences for persons receiving mental health or addiction services. (a) No zoning regulation shall treat the following in a manner different from any single family residence: (1) Any community residence that houses six or fewer mentally retarded persons and necessary staff persons and that is licensed under the provisions of section 17a-227, (2) any child-care residential facility that houses six or fewer children with mental or physical disabilities and necessary staff persons and that is licensed under sections 17a-145 to 17a-151, inclusive, or (3) any community residence that houses six or fewer persons receiving mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services and that has been issued a license by the Department of Public Health under the provisions of section 19a-491, if a license is required.

      (b) Any resident of a municipality in which such a community residence or child-care residential facility is located may, with the approval of the legislative body of such municipality, petition (1) the Commissioner of Mental Retardation to revoke the license of such community residence on the grounds that such community residence is not in compliance with the provisions of any statute or regulation concerning the operation of such residences, (2) the Commissioner of Children and Families to revoke the license of such child-care residential facility on the grounds that such child-care residential facility is not in compliance with the provision of any general statute or regulation concerning the operation of such child-care residential facility, or (3) the Commissioner of Mental Health and Addiction Services to withdraw funding from such community residence on the grounds that such community residence is not in compliance with the provisions of any general statute or regulation adopted thereunder concerning the operation of a community residence.

      (P.A. 79-353; P.A. 84-341, S. 6, 8; P.A. 89-375, S. 4, 5; P.A. 01-161, S. 1, 4; P.A. 05-280, S. 56.)

      History: P.A. 83-341 added Subsec. (b) concerning petitions for revocation of license; P.A. 89-375 substituted "necessary" for "two" in referring to staff persons; P.A. 01-161 applied provisions to child-care residential facilities and made technical changes, effective July 1, 2001; P.A. 05-280 amended Subsec. (a) by adding Subdiv. (3) re zoning regulations pertaining to any community residence that houses six or fewer persons receiving mental health or addiction services and by making technical changes and amended Subsec. (b) by adding Subdiv. (3) re the ability of a resident of a municipality to petition the Commissioner of Mental Health and Addiction Services to withdraw funding from a community residence not operating in compliance with the provisions of a governing statute or regulation, effective July 1, 2005.

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      Sec. 8-6. Powers and duties of board of appeals.

      Cited. 87 CA 143.

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      Sec. 8-7a. Evidence at hearings and meetings to deliberate formal petitions, applications, requests or appeals to be taken by stenographer or recorded. The zoning commission, planning commission, planning and zoning commission and zoning board of appeals shall call in a competent stenographer to take the evidence, or shall cause the evidence to be recorded by a sound-re:CHY:cording device, in each hearing before such commission or board in which the right of appeal lies to the Superior Court and at each meeting in which such commission or board of appeals deliberates any formal petition, application, request or appeal.

      (1959, P.A. 460, S. 1; P.A. 76-436, S. 290, 681; P.A. 90-286, S. 6, 9; P.A. 05-287, S. 46.)

      History: P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 90-286 made requirements of section applicable to planning commissions and planning and zoning commissions; P.A. 05-287 added provision requiring evidence to be taken by stenographer or recorded at each meeting in which commission or board of appeals deliberates any formal petition, application, request or appeal, effective January 1, 2006.

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      Sec. 8-8. Appeal from board to court. Mediation. Review by Appellate Court.

      Plaintiff's failure to appeal imposition of required "sidewalk fund" contribution did not meet exceptions to rule against collateral attacks on zoning commission actions and thus was properly dismissed. 85 CA 606.

      Subsec. (a):

      Court had subject matter jurisdiction to hear appeal. 87 CA 277. Plaintiff, as town's zoning enforcement officer, was statutorily aggrieved and had standing to bring appeal challenging approval of a variance granted by town's zoning board of appeals. Id., 533.

      Subsec. (b):

      Court had subject matter jurisdiction to hear appeal. 87 CA 277.

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      Sec. 8-13a. Nonconforming buildings and land uses.

      Subsec. (a):

      Statute requires institution of civil action for an injunction within a three-year limitations period and that neither variance appeal by abutting landowner nor issuance of cease and desist order by town zoning enforcement officer will suffice. 89 CA 324.

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