CHAPTER 124*
ZONING
*Constitutionality of zoning; restoration of nonconforming use. 110 C. 92. No impairment of vested rights by adoption
of regulations after contract made to purchase land and work commenced. 110 C. 141 Cited. 112 C. 240, 245; 113 C. 50;
116 C. 555; 118 C. 7; 123 C. 480; 124 C. 54. History of zoning laws in state. 133 C. 250. Cited. 139 C. 119; 143 C. 152,
280. No municipality is obliged to establish a planning commission, and statutory authority granted to towns, cities and
boroughs under this chapter for establishment of zoning commission is not conditioned on simultaneous exercise of powers
granted under chapter 126. 144 C. 117. Cited. 145 C. 435, 625; 147 C. 65; 148 C. 492. Entire history of zoning legislation
indicates clear intention on part of general assembly, subject to certain underlying principles, to leave solution of zoning
questions to local authority. Courts must not substitute their discretion for wide and liberal discretion enjoyed by zoning
agencies. Court can grant relief on appeal only where local authority has acted arbitrarily or illegally and has thus abused
discretion vested in it. 150 C. 79. Cited. 150 C. 131; 154 C. 203; Id., 463. Chapter is a general zoning enabling act and has
no effect in city of Hartford whose legislative body has not acted to adopt it, except as to such provisions as sections 8-8
through 8-10 which the legislature intended should apply to all municipalities. 155 C. 360. Provisions of section 8-7 held
not to apply to municipality until it has adopted chapter as provided in section 8-1. Id., 422. City of Norwalk has been
acting under general statutes in zoning matters since 1929; therefore provisions of chapter apply to appeal from its board.
Id., 550. Cited. 157 C. 308, 552. Whether or not a municipality adopts this chapter, appeals from its final zoning authority
are governed by section 8-10. 159 C. 1. Cited. 159 C. 598. Amendments to zoning regulations are essentially legislative
actions and courts will not disturb them unless amendment violates this chapter or is "patently arbitrary." 164 C. 210.
Zoning in Norwich is controlled by special act, hence its charter and not this chapter controls the reference to referendum
of a zoning ordinance. 167 C. 579. Cited. 171 C. 480, 484. Fact that town and zoning enforcement officer, defendants in
the action, were not named in the two previous actions does not preclude application of doctrine of res judicata. Since they
represent the rights of the municipality the agents of the same municipal corporation are in privity with each other and
with the municipality. 181 C. 556, 561. Cited. 189 C. 261, 263, 267. Cited. 208 C. 267, 274, 281. Sec. 8-1 et seq., zoning,
cited. 211 C. 690, 696. Secs. 8-1−8-30a cited. 213 C. 604, 606. Cited. 221 C. 374, 382. Secs. 8-1−8-13a cited. 227 C. 71, 81.
Cited. 2 CA 595, 597. Cited. 22 CA 407, 408. Sec. 8-1 et seq. cited. 35 CA 317, 319.
Where building permit has been properly obtained, it may not arbitrarily be revoked, particularly where, on faith of it,
owner has incurred material expense and substantial liabilities. 23 CS 461. Cited. 25 CS 278. Cited. 28 CS 286.
Table of Contents
Sec. 8-1. Zoning commissions.
Sec. 8-1a. "Municipality" to include district.
Sec. 8-1b. Alternate members of zoning commission or combined planning and zoning commission.
Sec. 8-1c. Fees for municipal land use applications.
Sec. 8-1d. Hours for holding land use public hearings.
Secs. 8-1e to 8-1z.
Sec. 8-1aa. Ridgeline protection: Definitions.
Sec. 8-2a. Copies of zoning and subdivision regulations to be available.
Sec. 8-2b. Use of maps of Soil Conservation Service as standard.
Sec. 8-2c. Payment of a fee in lieu of parking requirements.
Sec. 8-2d. Planned unit developments under former chapter 124a continue to be valid.
Sec. 8-2e. Municipal agreements regarding development rights.
Sec. 8-2f. Joint applications necessary for transfer of development rights.
Sec. 8-2g. Special exemption from density limits for construction of affordable housing.
Sec. 8-2h. Zoning applications filed prior to change in zoning regulations not required
to comply with change. Applications for building permit or certificate of occupancy filed
prior to adoption of zoning regulations not required to comply with regulations.
Sec. 8-2i. Inclusionary zoning.
Sec. 8-2j. Village districts. Compatibility objectives with other uses in immediate
neighborhood. Applications. Village district consultant.
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.
Sec. 8-3a. Findings of consistency of proposed regulations or boundaries with the plan of
development. Referral of proposed regulations or boundaries to planning commission.
Sec. 8-3b. Notice to regional planning agency of proposed zone or zone use change.
Sec. 8-3c. Special permits, exceptions and exemptions. Hearings. Filing requirements.
Sec. 8-3d. Variances, special permits, special exceptions and special exemptions to be
recorded.
Sec. 8-3e. Regulation of community residences for mentally retarded persons. Petition for
revocation of license.
Sec. 8-3f. Establishment of community residences for mentally retarded persons. Zoning
approval required.
Sec. 8-3g. Regulation of community residences for mentally ill adults and UCONN 2000
projects.
Sec. 8-3h. Notice to adjoining municipalities.
Sec. 8-3i. Notice to water company re projects within aquifer protection area or watershed of water company.
Sec. 8-3j. Regulation of family day care homes.
Sec. 8-4. Zoning commission may be designated as planning and zoning commission.
Sec. 8-4a. Zoning or planning commission may be designated as planning and zoning commission.
Sec. 8-4b. Change from combined commission to separate commissions.
Sec. 8-5. Zoning board of appeals. Alternate members.
Sec. 8-5a. Designation of alternate members to act.
Sec. 8-5b. Ordinance may provide for appointment of alternate members.
Sec. 8-6. Powers and duties of board of appeals.
Sec. 8-6a. Appeal to be heard before variance when both joined.
Sec. 8-7. Appeals to board. Hearings. Effective date of exceptions or variances; filing
requirements.
Sec. 8-7a. Evidence at hearings to be taken by stenographer or recorded.
Sec. 8-7b. Notice to contiguous municipalities of variance applications.
Sec. 8-7c. Disclosure of beneficiaries of real property held in trust.
Sec. 8-7d. Hearings and decisions. Time limits. Day of receipt.
Sec. 8-7e. Notice to adjoining municipalities of applications or requests.
Sec. 8-8. Appeal from board to court. Review by Appellate Court.
Sec. 8-9. Appeals from zoning commissions and planning and zoning commissions. Review by
Appellate Court.
Sec. 8-10. Appeals procedure to apply to all municipalities.
Sec. 8-11. Disqualification of members of zoning authorities.
Sec. 8-11a. Disqualification of board member as enforcement officer.
Sec. 8-12. Procedure when regulations are violated.
Sec. 8-12a. Establishment of municipal penalties for violations of regulations.
Sec. 8-13. Controlling requirement in case of variation.
Sec. 8-13a. Nonconforming buildings and land uses.
Sec. 8-1. Zoning commissions. (a) Any municipality may, by vote of its legislative
body, adopt the provisions of this chapter and exercise through a zoning commission
the powers granted hereunder. On and after July 1, 1974, in each municipality, except
as otherwise provided by special act or charter provision adopted under chapter 99, the
zoning commission shall consist of not less than five nor more than nine members, with
minority representation as determined under section 9-167a, who shall be electors of
such municipality. The number of such members and the method of selection and removal for cause and terms of office shall be determined by ordinance, provided no such
ordinance shall designate the legislative body of such municipality to act as such zoning
commission, except that (1) in towns having a population of less than five thousand,
the selectmen may be empowered by such ordinance to act as such zoning commission,
(2) a legislative body which is acting as a zoning commission prior to July 1, 1974,
pursuant to an ordinance, may continue to act as such zoning commission if such municipality has initiated a charter revision pursuant to section 7-188, prior to July 1, 1974,
which revision proposes to designate such legislative body as the zoning commission,
and such charter revision is approved as provided in section 7-191, and (3) a legislative
body which is acting as a zoning commission prior to June 17, 1987, pursuant to a special
act may continue to act as such zoning commission. The manner for filling vacancies
arising from any cause shall be provided by vote of the legislative body.
(b) The zoning commission of any town shall have jurisdiction over that part of the
town outside of any city or borough contained therein except that the legislative body
of any city or borough may, by ordinance, designate the zoning commission of the town
in which such city or borough is situated as the zoning commission of such city or
borough.
(1949 Rev., S. 836; 1951, S. 156b; 1953, S. 373d; 1957, P.A. 13, S. 41; 1959, P.A. 614, S. 1; P.A. 73-256; P.A. 74-
232, S. 1, 2; P.A. 75-629, S. 1; P.A. 87-278, S. 3, 5.)
History: 1959 act authorized ordinances determining method of removal for cause and authorized legislative body to
determine manner of filling vacancies; P.A. 73-256 established membership of zoning commission as "not less than five
nor more than nine members with minority representation as determined under section 9-167a", effective July 1, 1974,
unless otherwise provided and prohibited legislative body from acting as zoning commission reversing previous provision
allowing such double duty; P.A. 74-232 set forth special conditions under which legislative body may act as zoning
commission; P.A. 75-629 divided section into subsections and set forth conditions under which town commission serves
as commission for city or borough within its limits; P.A. 87-278 added Subdiv. (3) of Subsec. (a) concerning legislative
bodies acting as a zoning commission pursuant to a special act.
See Secs. 1-1 and 9-1 for applicable definitions.
See Sec. 9-209 re certification of terms of office and number of members of planning and zoning boards or commissions.
See Sec. 22a-354n re delineation of aquifer protection areas on maps.
Extent of zoning authority of city. 110 C. 101, 102. Establishment of commission is act of town, not legislature; optional
with town to adopt and to terminate zoning system. 118 C. 6. Cited. 131 C. 299; 132 C. 216; 133 C. 234. Reference to
special act explained. 133 C. 251. Town meeting may not amend or repeal regulations duly made by commission. 133 C.
596. Cited. 138 C. 500; 141 C. 349; 143 C. 448. Once a municipality has established a zoning commission, it cannot
regulate its actions, except as expressly provided in its municipal charter. 148 C. 33. Cited. 148 C. 299; 149 C. 411.
Municipality's legislative body must pass on act in which the intent to utilize the zoning provisions of the enabling act is
expressed. 152 C. 237. Where legislative body of city of Hartford never took action to adopt chapter, provisions do not
apply to city except where the legislature makes sections applicable to all municipalities. 155 C. 360. Until chapter is
adopted by legislative body of municipality in manner provided, section 8-7 does not apply to hearings before its zoning
board of appeals. Id., 422. Cited. 157 C. 308, 552. The mere fact that one not a member of a zoning commission served
as moderator of a commission meeting does not invalidate the meeting in absence of a showing the meeting was conducted
illegally. 166 C. 207. Cited. 167 C. 579. Cited. 170 C. 61, 62. Cited. 189 C. 261, 263. Cited. 208 C. 267, 274. Cited. 214
C. 400, 405. Cited. 216 C. 112, 122. Cited. 220 C. 584, 595, 598.
Cited. 21 CA 351, 356.
Cited. 5 CS 195. Members of zoning board are not agents or employees of a town. They constitute a legal entity. 12
CS 192. Cited. 13 CS 59; 14 CS 246. Limitation put on town's authority to avoid duplication with political subdivision.
14 CS 258. Compared with former statute. 15 CS 413. Cited. 18 CS 45; 19 CS 446. Municipality must adhere minutely to
enabling act when adopting zoning ordinance. 21 CS 78. Failure of board of burgesses to formally adopt enabling act held
to invalidate subsequent zoning ordinance. Id. Omission of zoning powers from enumeration of specific powers granted
to towns under Home Rule Act compels conclusion that legislature did not intend that any action under said act should
alter the declared law under this statute. 25 CS 378, 379. Zoning regulations adopted prior to new charter which contains
no zoning regulation powers, prevail over charter and zoning commission could appoint its own agent as zoning enforcement
officer of the town. 28 CS 278. Cited. 28 CS 419.
Subsec. (a):
Cited. 220 C. 584, 597.
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Sec. 8-1a. "Municipality" to include district. "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.
(1959, P.A. 577, S. 1.)
Cited. 212 C. 375, 380. Cited. 216 C. 112, 122.
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Sec. 8-1b. Alternate members of zoning commission or combined planning
and zoning commission. Any town, city or borough, in addition to such powers as it
has under the provisions of the general statutes or any special act, shall have the power
to provide by ordinance for the appointment or election of alternate members to its
zoning commission or combined planning and zoning commission. Such alternate members shall, when seated as herein provided, have all the powers and duties set forth in
the general statutes or any special act relating to such municipality for such commission
and its members. Such alternate members shall be electors and shall not be members
of the zoning board of appeals or planning commission. Such ordinance shall provide
for the manner of designating alternates to act.
(1963, P.A. 249; February, 1965, P.A. 280; 1971, P.A. 763, S. 1; P.A. 84-154, S. 1, 3; P.A. 85-284, S. 1, 5.)
History: 1965 act provided option of electing alternate members; 1971 act deleted provision concerning alternate
members of planning commissions, forbade members of planning commission to serve as alternate members of zoning
commission and deleted provisions concerning selection of alternate by member he is to substitute for, giving chairman
sole power to make selection; P.A. 84-154 provided for mandatory appointment or election of alternates, effective January
1, 1986; P.A. 85-284 repealed provisions of P.A. 84-154 and provided that local ordinances shall provide for the manner
of designating alternates to act.
See Sec. 8-19a re alternate members of planning commission.
Cited. 168 C. 20.
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Sec. 8-1c. Fees for municipal land use applications. Any municipality may, by
ordinance, establish a schedule of reasonable fees for the processing of applications by
a municipal zoning commission, planning commission, combined planning and zoning
commission, zoning board of appeals or inland wetlands commission. Such schedule
shall supersede any specific fees set forth in the general statutes, or any special act or
established by a planning commission under section 8-26.
(P.A. 82-282; P.A. 93-124, S. 2; May 25 Sp. Sess. P.A. 94-1, S. 9, 130.)
History: P.A. 93-124 added reference to planning commissions for consistency with 1993 changes to the general statutes;
May 25 Sp. Sess. P.A. 94-1 made technical change, effective July 1, 1994.
Town has broad authority under section to define subdivision application processing fees by ordinance subject only to
the standard of reasonableness. 232 C. 44, 45, 47−56.
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Sec. 8-1d. Hours for holding land use public hearings. Any municipality may,
by ordinance, establish an hour at or after which public hearings shall be held by its
planning commission, zoning commission, combined planning and zoning commission,
zoning board of appeals and inland wetlands agency.
(P.A. 89-175, S. 2, 7.)
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Secs. 8-1e to 8-1z. Reserved for future use.
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Sec. 8-1aa. Ridgeline protection: Definitions. As used in section 8-2:
(1) "Traprock ridge" means Beacon Hill, Saltonstall Mountain, Totoket Mountain,
Pistapaug Mountain, Fowler Mountain, Beseck Mountain, Higby Mountain, Chauncey
Peak, Lamentation Mountain, Cathole Mountain, South Mountain, East Peak, West
Peak, Short Mountain, Ragged Mountain, Bradley Mountain, Pinnacle Rock, Rattlesnake Mountain, Talcott Mountain, Hatchett Hill, Peak Mountain, West Suffield Mountain, Cedar Mountain, East Rock, Mount Sanford, Prospect Ridge, Peck Mountain, West
Rock, Sleeping Giant, Pond Ledge Hill, Onion Mountain, The Sugarloaf, The Hedgehog, West Mountains, The Knolls, Barndoor Hills, Stony Hill, Manitook Mountain,
Rattlesnake Hill, Durkee Hill, East Hill, Rag Land, Bear Hill, Orenaug Hills;
(2) "Amphibolite ridge" means Huckleberry Hill, East Hill, Ratlum Hill, Mount
Hoar, Sweetheart Mountain;
(3) "Ridgeline" means the line on a traprock or amphibolite ridge created by all
points at the top of a fifty per cent slope, which is maintained for a distance of fifty
horizontal feet perpendicular to the slope and which consists of surficial basalt geology,
identified on the map prepared by Stone et al., United States Geological Survey, entitled
"Surficial Materials Map of Connecticut";
(4) "Ridgeline setback area" means the area bounded by (A) a line that parallels
the ridgeline at a distance of one hundred fifty feet on the more wooded side of the ridge,
and (B) the contour line where a ridge of less than fifty per cent is maintained for fifty
feet or more on the rockier side of the slope, mapped pursuant to section 8-2;
(5) "Development" means the construction, reconstruction, alteration, or expansion
of a building; and
(6) "Building" means any structure other than (A) a facility as defined in section
16-50i or (B) structures of a relatively slender nature compared to the buildings to which
they are associated, including but not limited to chimneys, flagpoles, antennas, utility
poles and steeples.
(P.A. 95-239, S. 1; P.A. 98-105, S. 2; June Sp. Sess. P.A. 98-1, S. 83, 121.)
History: P.A. 98-105 added new Subdiv. (2) defining "amphibolite ridge", renumbering existing Subdivs. accordingly,
and made technical corrections; June Sp. Sess. P.A. 98-1 made technical corrections, effective June 24, 1998.
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Sec. 8-2. Regulations. (a) The zoning commission of each city, town or borough
is authorized to regulate, within the limits of such municipality, the height, number of
stories and size of buildings and other structures; the percentage of the area of the lot
that may be occupied; the size of yards, courts and other open spaces; 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 the height, size and location of advertising signs and billboards. Such bulk
regulations may allow for cluster development as defined in section 8-18. 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 such 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, and may provide that certain
classes or kinds of buildings, structures or uses 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. Such regulations
shall be made in accordance with a comprehensive plan and in adopting such regulations
the commission shall consider the plan of conservation and development prepared under
section 8-23. Such regulations shall be designed to lessen congestion in the streets; to
secure safety from fire, panic, flood and other dangers; to promote health and the general
welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid
undue concentration of population and to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations
shall be made with reasonable consideration as to the character of the district and its
peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.
Such regulations may, to the extent consistent with soil types, terrain, infrastructure
capacity and the plan of conservation and development for the community, provide for
cluster development, as defined in section 8-18, in residential zones. Such regulations
shall also encourage 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. Such regulations shall also promote housing choice and economic diversity in housing, including housing for both low and moderate income households, and
shall encourage the development of housing which will meet the housing needs identified in the housing plan 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. Zoning regulations shall be made with reasonable consideration for their impact on agriculture. Zoning regulations may be made with reasonable
consideration for the protection of historic factors and shall be made with reasonable
consideration for the protection of existing and potential public surface and ground
drinking water supplies. On and after July 1, 1985, the regulations shall provide that
proper provision be made for soil erosion and sediment control pursuant to section 22a-
329. Such regulations may also encourage energy-efficient patterns of development,
the use of solar and other renewable forms of energy, and energy conservation. The
regulations may also provide for incentives for developers who use passive solar energy
techniques, as defined in subsection (b) of section 8-25, in planning a residential subdivision development. The incentives may include, but not be limited to, cluster development, higher density development and performance standards for roads, sidewalks and
underground facilities in the subdivision. Such regulations may 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. Such regulations may also provide for notice requirements
in addition to those required by this chapter. Such regulations may 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. No such regulations shall prohibit
the operation of any family day care home or group day care home in a residential zone.
Such regulations shall not impose conditions and requirements on 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 which are substantially different from conditions and requirements imposed on single-family dwellings and lots containing single-family dwellings.
Such regulations shall not impose conditions and requirements on developments to be
occupied by manufactured homes having as their narrowest dimension twenty-two feet
or more and built in accordance with federal manufactured home construction and safety
standards which are substantially different from conditions and requirements imposed
on multifamily dwellings, lots containing multifamily dwellings, cluster developments
or planned unit developments. Such regulations shall not prohibit the continuance of
any nonconforming use, building or structure existing at the time of the adoption of
such regulations. Such regulations shall not 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. 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.
(b) In any municipality that is contiguous to Long Island Sound the regulations
adopted under this section shall be made with reasonable consideration for restoration
and protection of the ecosystem and habitat of Long Island Sound and shall be designed
to reduce hypoxia, pathogens, toxic contaminants and floatable debris in Long Island
Sound. Such regulations shall provide that the commission consider the environmental
impact on Long Island Sound of any proposal for development.
(c) In any municipality where a traprock ridge, as defined in section 8-1aa, or an
amphibolite ridge, as defined in section 8-1aa, is located the regulations may provide
for development restrictions in ridgeline setback areas, as defined in said section. The
regulations may restrict quarrying and clear cutting, except that the following operations
and uses shall be permitted in ridgeline setback areas, as of right: (1) Emergency work
necessary to protect life and property; (2) any nonconforming uses that were in existence
and that were approved on or before the effective date of regulations adopted under
this section; and (3) selective timbering, grazing of domesticated animals and passive
recreation.
(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.)
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 fifty per cent 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 (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 (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.
Regulation prohibiting in light industrial zone a use noxious by reason of odor, dust, gas or smoke has rational relation
to health and public welfare. 110 C. 102. Exclusion from residential zones of buildings devoted to most business uses is
proper. 110 C. 138. "Farming" in regulation construed. 113 C. 53. Where change in regulations seriously affects value of
property of an individual. 123 C. 286. Not a violation of this section to treat signs referring to business on property where
signs stand differently from signs not so related to such a business. 131 C. 304. What constitutes a zoning regulation. 131
C. 647. Cited. 123 C. 264; 126 C. 237; 132 C. 216; 134 C. 293. To permit business in small area within residential zone
may fall within scope of a "comprehensive plan," and unless it amounts to unreasonable or arbitrary action, is not unlawful.
136 C. 89. Change of zone for small area can be made only if it falls within requirements of comprehensive plan. 136 C.
452. Ordinance valid as meeting requirements of enabling act if plan is comprehensive as to territory, public needs and
time and if it promotes public welfare. 138 C. 434. Action of commission was spot zoning. 139 C. 59. Extension of industrial
zone into residential area is proper if in accord with comprehensive plan and general welfare. 139 C. 603. Requires zoning
regulations be expressive of plan which is comprehensive and promotes public welfare. 141 C. 349. Zoning regulations
shall be made in accordance with "a comprehensive plan" which is general plan to control and direct use and development
of property in municipality or large part thereof by dividing it into districts according to present and potential use of
properties. 142 C. 265. Zoning regulations must be made upon reasonable consideration of character of district and its
peculiar suitability for particular purposes and with view to conserving value of buildings and encouraging most appropriate
use of land throughout the town. 142 C. 580. Cited. 143 C. 280. Zoning commission and not town meeting authorized to
divide municipality into districts and to regulate erection or use of buildings or structures and use of land. 143 C. 448.
Power to determine what are needs of town with reference to use of real property and to legislate in such manner that those
needs will be satisfied vests exclusively in zoning commission. 143 C. 542. Comprehensive plan in accordance with which
zoning regulations are to be adopted is such a plan as zoning commission devises. 144 C. 117. Permits change in zonal
classification only when change is made in accordance with comprehensive plan. 144 C. 160. Regulations should be made
in accordance with comprehensive plan. 144 C. 560. Elements of spot zoning. 144 C. 600. Spot zoning defined. 145 C.
26; 148 C. 97. Granting of change of zone within two months of refusal of similar application and after private conference
with applicants opens commission to criticism. 145 C. 237. Anything which weakens public confidence in commission
and undermines sense of security of individual's rights is against public policy. Id. Zoning regulations are invalid if not
made in accordance with comprehensive plan (former statute). 145 C. 394. Deviation from comprehensive plan permissible.
Zone change which may increase traffic in area not necessarily barred. 145 C. 435. Interpretation of special act similar to
this section. 145 C. 476. Requisites to establish nonconforming use. 145 C. 682. Main, principal and dominant use of a
building determines its character. 146 C. 70. Change of zone increased rather than lessened congestion in streets; action
of commission held illegal. 146 C. 321. Maximum possible enrichment of developers is not controlling purpose of zoning.
146 C. 531. Powers of zoning commission distinguished from those of planning commission. 146 C. 570. Dicta that zoning
regulations may in their operation result in prohibition under some circumstances. 146 C. 697. One aim of zoning is
elimination of nonconforming uses. 147 C. 30. Provision re continuance of nonconforming uses not applicable to regulations
enacted prior to effective date of this amendment. 147 C. 358. Use held not to be permissible nonconforming use because
lot was not being used for such purpose when zoning regulations were adopted. 148 C. 84. A proposed use cannot constitute
an existing nonconforming use. 148 C. 299. Conflict between public welfare and private gain discussed. Id. An essential
purpose of zoning is to stabilize use of property. 148 C. 492. "Comprehensive plan" defined. Id. Interpretation that regulation, prohibiting premises to be used for sale of liquor if entrance to same was within 1,500 feet of entrance to other premises
used for such sale, prohibited certification of premises in question because liquor outlet was located within 1,500 feet,
although in another town, held proper and did not give extraterritorial effect to regulation. 149 C. 292. Fact that this section
forbids zoning regulations affecting antecedent nonconforming uses is no benefit to plaintiff who merely contemplates
such a use. 149 C. 678. In order to attack constitutionality of regulations, plaintiff must demonstrate that it is affected by
them. Challenge of unconstitutional delegation of legislative power is successfully met if ordinance declares a legislative
policy, establishes primary standards for carrying it out or lays down an intelligible principle to which agency must conform
with proper regard for protection of public interest. Regulations themselves are not unconstitutional because of failure to
establish adequate standards to meet constitutional requirement. In order to hold zoning regulation unconstitutional as
violative of due process of law or equal protection clauses of state or federal constitution, it must appear that provisions
are clearly arbitrary and unreasonable, having no substantial relation to public health, safety, morals or general welfare.
Regulations did no more than offer assurance of measure of supervision by responsible public authority over conditions
which affected public health, safety and general welfare, and consequently they were a proper exercise of the police power.
149 C. 712. Question of power or authority of commission either to hear or to decide application for change of zone must
be decided before further action is taken. Trial court should have determined the question, it being basic to issue of validity
of change of zone. 149 C. 746. Legislative history and purposes discussed. Zoning commission can by regulation reserve
to itself or delegate to any of the other specified agencies power to grant a special permit or special exception. Purpose of
this section is to establish means by which special requirements affecting particular property could be imposed whether
they affected buildings and structures or land. Provision that zoning regulations must conform to a comprehensive plan is
to prevent arbitrary, unreasonable and discriminatory exercise of zoning power. Comprehensive plan of Ridgefield found
in scheme of zoning regulations themselves. Courts cannot substitute their discretion for wide and liberal discretion enjoyed
by local zoning agencies. Relief can be granted on appeal only when local authority has acted arbitrarily or illegally and
thus has abused discretion vested in it. 150 C. 79. Change of zone for small area is open to suspicion as spot zoning but
can be sustained if it is in harmony with comprehensive plan. Zoning commission may accept long- continued nonconforming use as permanent and inevitable and find that change of zone which would render use conforming would encourage
most appropriate use of land in town. 150 C. 129. Cited. 150 C. 146. Nonconforming uses should be abolished or reduced
to conformity as speedily as fair interest of parties will permit, and in no case should be allowed to increase. 150 C. 439.
Power to stipulate restrictions re garden apartments implied power to withhold approval entirely. 150 C. 672. Where zoning
regulations excluded uses not specifically permitted and made no provision for storing vehicles on vacant lots in residential
zone, plaintiff was in violation for doing so. 151 C. 46. Burden of proof as to whether commission acted improperly is on
aggrieved party. 151 C. 484. If any reason for action of commission in denying a zone change is supported, subsequent
appeal must fail. 152 C. 262. Cited. 152 C. 329. Word "school" used in zoning regulations of Westport construed. 152 C.
559. Fact that zoning regulations were designated as "interim" does not make them invalid. 153 C. 187. Where zoning
regulations imposed restrictions on lot size, the placement of building on property and minimum living areas of residential
property, with exceptions for seasonal properties within 500 feet of the high-water mark of any body of water, held that a
"comprehensive" plan was established, even though no restriction was placed on the particular uses which might be
made of the property since the community was small, rural and almost entirely residential and since, because the zoning
commission is clothed with liberal discretion in enacting the regulations, a court is not justified in upsetting its decision
merely because it feels a different classification might have been preferable. 153 C. 191. It is not required that zoning
regulations divide town into districts as long as every owner of property located in the town can ascertain with reasonable
certainty what uses he may legally make of any portion of his property. Id. Cited. 153 C. 310. Where the plaintiff's
application to the board does not make it clear whether a permit under the zoning ordinance or an approval under the
statutes is requested, the board must decide each issue separately and the required number of votes for each must be met
in order for the application to be approved. 154 C. 32, 36. In the absence of standards set up by the local zoning ordinance,
the power to grant a special permit under this statute is denied despite the fact that the statute itself provides for certain
standards. 154 C. 156, 161. Cited. 154 C. 210. Zoning commission's refusal of a change of zone as to plaintiff's property
shown by the record as not arbitrary or an abuse of discretion but for the general welfare of the community. 154 C. 309.
Standards used for special exceptions for hospital found sufficiently definite. 154 C. 399, 403. Zoning authority acts as a
legislative body in making zoning changes. Commission acted reasonably in rezoning a central area to meet the changing
conditions of the town. 154 C. 463. Amendment adopted by zoning commission involved a debatable question within its
legislative capacity to resolve. Courts are cautious about disturbing commission's decisions. 154 C. 470. Record does not
show town plan and zoning commission acted illegally, arbitrarily or in abuse of its discretion in upgrading zone of an
undeveloped residential area, particularly when change of zone was made in accordance with comprehensive plan lately
adopted. 154 C. 638. Although commission should not ordinarily alter classification of area in absence of changed conditions, rule being a restriction on legislative discretion will be applied only when zoning amendment is patently arbitrary.
155 C. 209. Spot zoning defined. Id., 210. Change of zone predicated on interest in providing housing for persons displaced
by redevelopment project, if otherwise consistent with accepted zoning principles, is reasonable exercise of board's discretionary powers. Id. Cited. 155 C. 563; 156 C. 102, 287, 300. Zoning board of appeals upheld where it granted exception
to town to locate sanitary landfill operation as record showed public welfare was served thereby and neighboring property
not substantially injured. 157 C. 106. Responsibility and authority for zoning rests with zoning commission and unless
its action is clearly contrary to a rational development of the town's comprehensive plan, courts will not interfere with
commission's decisions. Id., 434. Regulation requiring signature of owner on future developer's petition for change was
waived by lack of timely objection and its omission did not affect jurisdiction of commission. Id., 520. Change of zone
enacted by commission substantially not in accordance with comprehensive plan of zoning of town held arbitrary, illegal
and in abuse of its discretion. 158 C. 78. Only in cases where zoning authority has acted arbitrarily or illegally will
courts reverse such authority's disapproval of reclassification. Id., 111. Zoning commission's delegation of power to grant
exception to zoning board of appeals was invalid as no criteria were given and delegation of power was too broad. 158 C.
196. Denial of plaintiff's application for change of zone for property he owned not unreasonable merely on ground zoning
authority had approved the same changes the previous year. 158 C. 301. Where plaintiff's filling station was an existing
use which predated zoning ordinance and ordinance provided for filling stations as exceptional use in his area, the use was
not a nonconforming but a permitted use. 158 C. 516. Language herein is sufficiently broad to permit creation of floating
zones. 159 C. 192; 197. Section does not militate against change in general zoning classification that is reasonable and in
community interest. 159 C. 192. Cited. 160 C. 120, 121. Zoning commissions may grant special building permits subject
to certain conditions to protect public health, safety, convenience and property values. 160 C. 295. Although zoning
commission has wide discretion it must predicate its decisions on fair and proper motives and follow legislative direction
of the statute. 160 C. 397. Cited. 161 C. 32; 161 C. 182; 161 C. 430. Cited. 162 C. 23. Cited. 163 C. 49, 190. Power to
vary ordinance in zoning board of appeals. 163 C. 453. "Congestion in the streets" means density of traffic, not overall
volume. 164 C. 215. Cited. 165 C. 533, 543, 544. Cited. 166 C. 305. Cited. 168 C. 358. Cited. 172 C. 306. Cited. 173 C.
23, 28, 29. Cited. 174 C. 212, 213. Cited. 176 C. 479, 483; id., 581, 594. Cited. 177 C. 420, 423; 178 C. 657, 661, 663;
179 C. 650, 656, 657; 181 C. 230, 235, 236. Cited. 185 C. 135, 138; Id., 294, 305. Cited. 186 C. 106, 109. Commission
was justified in considering drainage, historical and rural factors although these factors not specifically incorporated in
the municipal regulations. 189 C. 261, 264, 265, 267. Cited. 193 C. 506, 517. Moratorium was not beyond the powers
delegated by this statute. 194 C. 152, 153, 156, 159−161, 164, 165. Cited. 199 C. 575, 582. Cited. 201 C. 700, 709, 711.
Cited. 205 C. 703, 713. Includes "... the power to terminate nonconforming uses solely because of nonuse for a specified
period." 206 C. 595, 597, 604−607. Cited. 208 C. 146, 154, 155. Minimum floor area requirements held not to be rationally
related to any legitimate purpose of zoning under the section. Id., 267, 270, 273−275, 277−279, 281−283, 285, 289, 298,
304, 306, 307. "... statute has not delegated to municipalities the power to regulate colors in a sign." Id., 480, 481, 483,
484, 489−492. Cited. 212 C. 570, 577, 583. Cited. 213 C. 604, 610. Cited. 214 C. 400, 405. Cited. 217 C. 103, 106, 107;
Id., 447, 449, 451−453, 455−457. Cited. 220 C. 61, 62, 65−68, 75, 76; Id., 527, 528, 532, 533, 535, 544−551, 553, 554;
Id., 584−586, 599−601; Id., 556, 568. Cited. 222 C. 216, 230; Id., 607, 614, 619. Cited. 224 C. 124, 130; Id., 823, 831.
Cited. 225 C. 731, 748, 749, 751, 753. Cited. 227 C. 71, 98. Cited. 232 C. 122, 134, 146. Cited. Id., 419, 421, 428, 430.
Cited. 234 C. 221, 235, 240, 242, 244. Cited. Id., 498, 505, 506.
Cited. 6 CA 237. Violation of uniformity requirement of statute by creation of a buffer area discussed. Id., 686, 688−
691. Cited. 7 CA 684, 695. Cited. 10 CA 190, 194, 195. Cited. 12 CA 90, 95. Cited. 13 CA 159, 163; Id., 448−450, 455,
456, 459; Id., 699, 705−707. Cited. 15 CA 110−115. Cited. 16 CA 303, 315. Zoning power "to regulate" under Sec. 8-2
does not include power "to prohibit" unless prohibition is supported by a rational relation to purposes of zoning. 17 CA
17, 28, 31, 32, 36, 37, 46, 47; judgment reversed, see 212 C. 570 et seq. Cited. 19 CA 334, 338. Cited. 21 CA 538, 542.
Cited. 24 CA 5, 8, 9; Id., 526, 528−530. Cited. 25 CA 375, 379; Id., 392, 396, 400; judgment reversed, see 222 C. 607 et
seq. Cited. 26 CA 212, 214. Cited. 28 CA 314, 321, 322. Cited. 30 CA 627, 628. Cited. 31 CA 643, 650. Cited. 35 CA
594, 598. Cited. Id., 820, 824, 825. Cited. 36 CA 98, 104. Cited. 37 CA 303, 308, 311−315. Cited. 40 CA 501−503, 507,
509−511.
Standards by which regulations are to be scrutinized. 15 CS 485. Change of zone classification of large lot in center of
residential area to business is spot zoning. 16 CS 189. Cited. 16 CS 328. Where zoning ordinance attempted to zone by
individual pieces of property, held not in accordance with comprehensive plan. 16 CS 422. Power of zoning commission
to fix minimum lot sizes and minimum floor areas upheld. 19 CS 24. Cited. 19 CS 447. Omission of any direct mention
of a mobile home park as a permitted use of land anywhere in a town does not render zoning law void or unconstitutional.
21 CS 275. In order to qualify as nonconforming use, use must be in existence when ordinance goes into effect or in such
a state of preparation that it is naturally recognized in neighborhood as such a use. Id. Restrictive covenant and zoning
restrictions are two entirely separate and unrelated limitations on use of property. Where deeds to all lots sold under general
development scheme contain same restrictive covenants, each grantee is entitled to enforce them in absence of conduct
on his part constituting laches, waiver or abandonment. 22 CS 235. Nonconforming use may be increased in extent by
natural expansion and growth. 24 CS 221. Cited. 25 CS 277. Zoning commission has no statutory power to enact ordinance
limiting occupancy of certain areas to elderly persons. 26 CS 128. To change nonconforming business use to nonconforming
liquor use is an increase in use and zoning board of appeals acted arbitrarily, illegally and in abuse of discretion in denying
plaintiff's appeal. 26 CS 457. Refusal of zoning variance to permit use of plaintiff's property as gasoline station, its claimed
best use, was not an unconstitutional confiscation of their property. 26 CS 475. Change of zone dependent for proper
functioning on action by other agencies over which zoning commission has no control cannot be sustained unless action
appears not a possibility but a probability. 26 CS 503. Community as a whole must benefit from commission action. Id.
Regulation of defendant zoning commission requiring gasoline station sites to be 1500 feet apart is an exercise of police
power which plaintiff failed to prove unreasonable or confiscatory of his property's value. 27 CS 362. Cited. 30 CS 157,
164. Cited. 32 CS 217. Cited. 34 CS 177, 183. Cited. 35 CS 246, 249. Statute provides no authority to planning and zoning
commissions to modify statutes under which they acquire authority. 36 CS 281, 284, 285. Cited. 39 CS 436, 440, 441.
Cited. 41 CS 196, 203. Cited. 41 CS 593, 598. Cited. 42 CS 256, 261, 263, 278. Cited. 43 CS 373, 378.
Subsec. (a):
Cited. 224 C. 823, 831.
Cited. 40 CA 501, 503. Implicitly requires uniform enforcement of zoning regulations. 49 CA 669.
Cited. 36 CS 98, 104.
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Sec. 8-2a. Copies of zoning and subdivision regulations to be available. The
secretary or clerk of each regulatory board of a political subdivision of the state, adopting
subdivision or zoning regulations pursuant to the general statutes or a special act, shall
make printed copies of such regulations available to the public at a reasonable price
upon request.
(1961, P.A. 410.)
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Sec. 8-2b. Use of maps of Soil Conservation Service as standard. Any planning
commission, zoning commission or planning and zoning commission of any municipality may use soil survey maps of the Soil Conservation Service of the United States
Department of Agriculture as a standard in determining land use, planning, zoning or
development regulations.
(1971, P.A. 132.)
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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 use of land
pursuant to any zoning or planning regulations adopted by such zoning or planning
authority. 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.)
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.
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Sec. 8-2d. Planned unit developments under former chapter 124a continue to
be valid. Any land use regulations concerning planned unit developments or planned
residential developments adopted by a municipal zoning commission, planning and
zoning commission or other applicable zoning authority pursuant to sections 8-13b to
8-13k, inclusive, of the general statutes, revision of 1958, revised to January 1, 1985,
shall continue to be valid and any planned unit development or planned residential
development proposed in accordance with such regulations which has received approval, whether tentative, preliminary or final, from such commission or authority prior
to July 1, 1985, shall continue to be governed by the provisions of such regulations.
(P.A. 85-409, S. 6, 8.)
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Sec. 8-2e. Municipal agreements regarding development rights. Any two or
more municipalities which have adopted the provisions of this chapter or chapter 125a
or which are exercising zoning power pursuant to any special act may, with the approval
of the legislative body of each municipality, execute an agreement providing for a system
of development rights and the transfer of development rights across the boundaries of
the municipalities which are parties to the agreement. Such system shall be implemented
in a manner approved by the legislative body of each municipality and by the commission
or other body which adopts zoning regulations of each municipality.
(P.A. 87-490, S. 2.)
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Sec. 8-2f. Joint applications necessary for transfer of development rights. Any
zoning regulations adopted pursuant to section 8-2 concerning development rights shall
authorize the transfer of the development rights to land only upon joint application of
the transferor and transferee.
(P.A. 87-490, S. 3.)
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Sec. 8-2g. Special exemption from density limits for construction of affordable
housing. (a) Notwithstanding the provisions of any special act, any zoning commission
existing pursuant to this chapter and any municipal agency exercising the powers of a
zoning commission pursuant to any special act may provide by regulation for a special
exemption from density limits established for any zoning district, or special exception
use, in which multifamily dwellings are permitted, in accordance with the requirements
contained in subsection (b) of this section. Such special exemption shall allow the construction of a designated number of such permitted multifamily dwelling units in excess
of applicable density limits, in accordance with a contract entered into between a developer applying for the special exemption and the municipality. Any such contract shall
provide: (1) For each dwelling unit constructed by the developer in excess of the number
of such units permitted by applicable density limits, the developer shall construct in
the municipality a unit of affordable housing, as defined in section 8-39a, which is of
comparable size and workmanship; (2) for a period which shall not be less than thirty
years from the date of completion of any units of affordable housing constructed pursuant
to subdivision (1) of this subsection, such units of affordable housing shall be offered
for sale or rent only to persons and families having such income as the agency created
or designated under subsection (b) of this section may establish but which shall not
exceed the area median income of the municipality as determined by the United States
Department of Housing and Urban Development; (3) the sale price or rent for any such
unit of affordable housing shall not exceed an amount which shall be specified in such
contract, provided such contract shall contain provisions concerning reasonable periodic
increases of the specified sale price or rent; (4) such units of affordable housing shall
be conveyed by deeds containing covenants incorporating the terms and conditions
contained in such contract between the developer and the municipality, which covenants
shall run with the land and be enforceable by the municipality until released by the
municipality; and (5) the requirements of subdivisions (1) to (4), inclusive, of this subsection shall apply to (A) the resale, (B) the purchase and subsequent leasing and (C)
the conversion to the common interest form of ownership and subsequent sale of any
such unit of affordable housing during and for the remaining term of such period.
(b) Upon the adoption of any regulation under subsection (a) of this section, the
zoning commission or municipal agency exercising the powers of a zoning commission
shall notify the legislative body of the municipality of such adoption and request that
the municipality establish or designate an agency to implement a program designed to
establish income criteria in accordance with said subsection (a) and oversee the sale or
rental of any units of affordable housing constructed pursuant to said subsection (a) to
persons and families satisfying such income criteria. Any municipality may, by ordinance, establish or designate a municipal agency to implement such program. If the
legislative body does not enact such ordinance within one hundred twenty days following the date of such request, the zoning commission or municipal agency exercising the
powers of a zoning commission may notify the housing authority of the municipality
or, in any municipality which has not by resolution authorized its housing authority to
transact business in accordance with the provisions of section 8-40, the municipal agency
with responsibility for housing matters that it has adopted such regulation. Upon receiving such notice, the housing authority or municipal agency with responsibility for housing matters shall implement such program. Any such program shall provide for a method
of selecting persons satisfying such income criteria to purchase or rent such units of
affordable housing from among a pool of applicants which method shall not discriminate
on the basis of age, gender, race, creed, color, national origin, ancestry, marital status,
mental retardation, physical disability, including, but not limited to, blindness or deafness, place of residency, number of children or veterans' status.
(c) Nothing in this section shall be construed to limit any powers lawfully exercised
by any municipality, any zoning commission existing pursuant to this chapter or any
municipal agency exercising the powers of a zoning commission pursuant to any special
act. Nothing in this section shall be construed to invalidate any ordinance of a municipality or any regulation of a zoning commission existing pursuant to this chapter or any
municipal agency exercising the powers of a zoning commission pursuant to any special
act, which ordinance or regulation was adopted before June 6, 1988. Nothing in this
section shall be construed to prohibit any such municipality, zoning commission or
municipal agency from changing the requirements contained in any ordinance or zoning
regulation or to require any such municipality, zoning commission or municipal agency
to change the requirements contained in any ordinance or zoning regulation.
(P.A. 88-338, S. 1, 5.)
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Sec. 8-2h. Zoning applications filed prior to change in zoning regulations not
required to comply with change. Applications for building permit or certificate of
occupancy filed prior to adoption of zoning regulations not required to comply
with regulations. (a) An application filed with a zoning commission, planning and
zoning commission, zoning board of appeals or agency exercising zoning authority of
a town, city or borough which is in conformance with the applicable zoning regulations
as of the time of filing shall not be required to comply with, nor shall it be disapproved
for the reason that it does not comply with, any change in the zoning regulations or the
boundaries of zoning districts of such town, city or borough taking effect after the filing
of such application.
(b) An application for a building permit or certificate of occupancy filed with the
building official of a city, town or borough prior to the adoption of zoning regulations
by such city, town or borough in accordance with this chapter shall not be required to
comply with, nor shall it be disapproved for the reason that it does not comply with,
such zoning regulations.
(P.A. 89-311, S. 2.)
Cited. 220 C. 527, 541. P.A. 89-311 cited. 225 C. 1, 2, 9.
Cited. 25 CA 199, 209. Cited. 26 CA 212, 214, 217, 218.
Subsec. (a):
Cited. 220 C. 527, 540, 541.
Cited. 26 CA 212, 214. Cited. 28 CA 314, 318; Id., 379, 383. Cited. 40 CA 501, 506, 507. Cited. Id., 840, 844.
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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 constructing, rehabilitating or repairing housing affordable to persons
and families of low and moderate income.
(b) Notwithstanding the provisions of any special act, any municipality having zoning authority pursuant to this chapter or any special act or having planning authority
pursuant to chapter 126 may, by regulation of the body exercising such zoning authority,
implement inclusionary zoning regulations, requirements or conditions.
(P.A. 91-204.)
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Sec. 8-2j. Village districts. Compatibility objectives with other uses in immediate neighborhood. Applications. Village district consultant. (a) The zoning commission of each municipality may establish village districts as part of the zoning regulations
adopted under section 8-2 or under any special act. Such districts shall be located in
areas of distinctive character, landscape or historic value that are specifically identified
in the plan of conservation and development of the municipality.
(b) The regulations establishing village districts shall protect the distinctive character, landscape and historic structures within such districts and may regulate, on and after
the effective date of such regulations, new construction, substantial reconstruction and
rehabilitation of properties within such districts and in view from public roadways,
including, but not limited to, (1) the design and placement of buildings, (2) the maintenance of public views, (3) the design, paving materials and placement of public roadways, and (4) other elements that the commission deems appropriate to maintain and
protect the character of the village district. In adopting the regulations, the commission
shall consider the design, relationship and compatibility of structures, plantings, signs,
roadways, street hardware and other objects in public view. The regulations shall establish criteria from which a property owner and the commission may make a reasonable
determination of what is permitted within such district. The regulations shall encourage
the conversion, conservation and preservation of existing buildings and sites in a manner
that maintains the historic or distinctive character of the district. The regulations concerning the exterior of structures or sites shall be consistent with: (A) The "Connecticut
Historical Commission - The Secretary of the Interior's Standards for Rehabilitation and
Guidelines for Rehabilitating Historic Buildings", revised through 1990, as amended;
or (B) the distinctive characteristics of the district identified in the municipal plan of
conservation and development. The regulations shall provide (i) that proposed buildings
or modifications to existing buildings be harmoniously related to their surroundings,
and the terrain in the district and to the use, scale and architecture of existing buildings
in the district that have a functional or visual relationship to a proposed building or
modification, (ii) that all spaces, structures and related site improvements visible from
public roadways be designed to be compatible with the elements of the area of the village
district in and around the proposed building or modification, (iii) that the color, size,
height, location, proportion of openings, roof treatments, building materials and landscaping of commercial or residential property and any proposed signs and lighting be
evaluated for compatibility with the local architectural motif and the maintenance of
views, historic buildings, monuments and landscaping, and (iv) that the removal or
disruption of historic traditional or significant structures or architectural elements shall
be minimized.
(c) All development in the village district shall be designed to achieve the following
compatibility objectives: (1) The building and layout of buildings and included site
improvements shall reinforce existing buildings and streetscape patterns and the placement of buildings and included site improvements shall assure there is no adverse impact
on the district; (2) proposed streets shall be connected to the existing district road network, wherever possible; (3) open spaces within the proposed development shall reinforce open space patterns of the district, in form and siting; (4) locally significant features
of the site such as distinctive buildings or sight lines of vistas from within the district,
shall be integrated into the site design; (5) the landscape design shall complement the
district's landscape patterns; (6) the exterior signs, site lighting and accessory structures
shall support a uniform architectural theme if such a theme exists and be compatible
with their surroundings; and (7) the scale, proportions, massing and detailing of any
proposed building shall be in proportion to the scale, proportion, massing and detailing
in the district.
(d) All applications for new construction and substantial reconstruction within the
district and in view from public roadways shall be subject to review and recommendation
by an architect or architectural firm, landscape architect, or planner who is a member
of the American Institute of Certified Planners selected and contracted by the commission and designated as the village district consultant for such application. Alternatively,
the commission may designate as the village district consultant for such application an
architectural review board whose members shall include at least one architect, landscape
architect or planner who is a member of the American Institute of Certified Planners.
The village district consultant shall review an application and report to the commission
within thirty-five days of receipt of the application. Such report and recommendation
shall be entered into the public hearing record and considered by the commission in
making their decision. Failure of the village district consultant to report within the specified time shall not alter or delay any other time limit imposed by the regulations.
(e) The commission may seek the recommendations of any town or regional agency
or outside specialist with which it consults, including, but not limited to, the regional
planning agency, the municipality's historical society, the Connecticut Trust for Historic
Preservation and The University of Connecticut College of Agriculture and Natural
Resources. Any reports or recommendations from such agencies or organizations shall
be entered into the public hearing record.
(f) If the commission grants or denies an application, it shall state upon the record
the reasons for its decision. If a commission denies an application, the reason for the
denial shall cite the specific regulations under which the application was denied. Notice
of the decision shall be published in a newspaper having a substantial circulation in the
municipality. An approval shall become effective in accordance with subsection (b) of
section 8-3c.
(g) No approval of a commission under this section shall be effective until a copy
thereof, certified by the commission, containing the name of the owner of record, a
description of the premises to which it relates and specifying the reasons for its decision,
is recorded in the land records of the town in which such premises are located. The town
clerk shall index the same in the grantor's index under the name of the then record owner
and the record owner shall pay for such recording.
(P.A. 98-116; P.A. 00-145, S. 1.)
History: P.A. 00-145 divided existing Subsec. (a) into Subsecs. (a) and (b) and existing Subsec. (c) into Subsecs. (d)
and (e), amended Subsec. (a) to require districts to be located in areas identified on the plan of conservation and development,
amended Subsec. (d) to include landscape architects and planners in review and authorize an architectural review board
to act as the village district consultant, deleted former Subsec. (e) which had defined "neighborhood", inserted new provisions as Subsec. (f) re approval or disapproval, relettered former Subsec. (d) as (g) and made numerous technical changes
throughout.
(Return to TOC) (Return to Chapters) (Return to Titles)
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, at which parties in interest and citizens shall have an opportunity to be heard.
Notice of the time and place of such hearing shall be published in the form of a legal
advertisement appearing in a newspaper having a substantial circulation in such municipality at least twice at intervals of not less than two days, the first not more than fifteen
days nor less than ten days, and the last not less than two days, before such hearing, and
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. In addition to such notice, such zoning commission may, by regulation, provide for notice by mail to persons who are owners of land
which is included in or adjacent to the land which is the subject of the hearing. 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. If a protest against a proposed change is filed at or before a
hearing with the zoning commission, signed by the owners of twenty per cent or more
of the area of the lots included in such proposed change or 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 vote of two-thirds 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 adopt or deny 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) The zoning commission shall provide for the manner in which the zoning regulations shall be enforced.
(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.
(g) 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 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 zoning commission shall give
due consideration to the report of the inland wetlands agency. 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 any modified site plan, require a bond in an amount and with surety and conditions
satisfactory to it, securing that any modifications of such site plan are made or may grant
an extension of the time to complete work in connection with such modified site plan.
The commission may condition the approval of such extension on a determination of
the adequacy of the amount of the bond or other surety furnished under this section.
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.
(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.
(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.)
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 twenty per cent of property owners within five hundred 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 sixty-five, rather than ninety,
days after receipt of petition, that decision be made within sixty-five, rather than ninety, days after hearing and that
extensions not exceed sixty-five days; P.A. 77-450 made provisions of Sec. 8-7d applicable to changes and amendments
and replaced sixty-five day periods for hearing, decision and extension with time period permitted under Sec. 8-7d; P.A.
77-509 divided section into subsections, 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 sixty-five 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 four hundred 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 five-year period for site plans approved on or after October 1, 1989, and limited the total extension
or extensions to ten 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
seven 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 five-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.
Change invalid if notice not in compliance with statute. 123 C. 472. Cited. 123 C. 541; 125 C. 720; 133 C. 594. When
protested, change by town zoning commission requires vote of all members, not merely of those present at meeting. 123
C. 282. Failure to state on record reason for change of regulation does not invalidate board's action. 129 C. 287. Ordinance
invalid for failure to give notice and hold hearing. 131 C. 649. Does not apply to a proceeding pending on effective date
of act. 134 C. 572. Husband of applicant sat at meeting and voted for application. Held: Change of zone is invalid. 135 C.
1. Words "immediately adjacent" mean adjoining or abutting. 135 C. 24. Cited. 136 C. 94. Special act controls in West
Hartford at least as to procedural matters. 138 C. 497. Cited. 141 C. 349. Zoning regulations shall be made in accordance
with "a comprehensive plan" which is a general plan to control and direct use and development of property in municipality
or large part thereof by dividing it into districts according to present and potential use of properties. 142 C. 265. Zoning
commission need not set out reasons for amendment and change of zoning regulations in language which would satisfy
meticulous criticism of a legal expert. 142 C. 580. Nothing in this section which permits vote of town meeting to approve
any amendment adopted by zoning commission. Power to provide for manner in which zoning regulations may be changed
is vested exclusively in commission and cannot be delegated to town meeting. 143 C. 448. Compliance with statutory
procedure was prerequisite to any valid and effective date change in zonal boundaries. 144 C. 475. Words "immediately
adjacent in the rear," as similarly used in special act, construed. 144 C. 677. Adequacy of notice. 144 C. 690. In computing
notice period, both terminal days are excluded when such phrases as "at least" and "not less than" are used. 145 C. 136.
Compliance with statutory procedure was a prerequisite to any valid amendment of, or change in, zoning regulations. Id.
Legislative history. Words "in any direction" mean "all or every direction" (former statute). 145 C. 325. Zone change in
substantial conformity with comprehensive plan held not spot zoning. 145 C. 435. Prior conferences with applicant and
experts did not compel conclusion that commission made up its mind before public hearing. Dissent held otherwise. Id.
Regulation which does not clearly state boundaries of zone not ipso facto a nullity. 145 C. 468. An orderly extension of
an existing district to serve a public need is not spot zoning. 145 C. 592. Commission acts in a legislative capacity; board
of appeals acts in a quasi-judicial capacity. Id. Disregard of zoning regulations regarding traffic congestion and allowing
access to commercial property through residential area constitutes illegal action by board. 145 C. 597. Notice is adequate
if it sufficiently apprises those who may be affected of nature and character of action proposed. 145 C. 625. Exempting
shopping centers from certain liquor regulations held reasonable. Id. Classification is duty of legislative body. Id. Delay
in prosecuting violation by commission not deemed waiver. 145 C. 682. Purchasers of property have right to expect that
classification will not change unless new conditions arise which demand rezoning for public good. 146 C. 170. Fact that
person other than member of commission acted as moderator at public hearing does not of itself invalidate such hearing.
146 C. 531. Upgrading of zone in residential semirural area is type of regulation generally upheld. Id. Commission must
state upon its records its reason for changing zoning regulation or boundaries of zoning district and such statement should
contain only such reasons as motivated commission as collective body. 147 C. 30. Extension of existing business zone
held to constitute spot zoning. Id. Stamford charter provides for review of action of zoning board by board of representatives;
held that function of latter board is legislative and it may act without notice and hearing. 148 C. 33. Unless charter expressly
states otherwise, once zoning commission has adopted zoning regulations, municipality is powerless to amend them. Id.
When zoning authorities act within their prescribed legislative powers, they have a wide and liberal discretion. 148 C. 68.
If change of zone is in accordance with comprehensive plan and predominating purpose in making change is to benefit
community as a whole rather than landowner, this does not constitute spot zoning even though owner may receive an
incidental benefit. Id. Denial of petition pending action of planning commission, held not to constitute surrender of its
functions to planning commission. 148 C. 172. Denial of an application "without prejudice" may permit a renewal of such
application without waiting twelve months. Id. Possible that denial of an application "without prejudice" may raise a
question whether such matter is appealable. Id. Rule that zoning board of appeals cannot reverse an earlier decision unless
there are changed conditions does not necessarily apply to zoning commission, which is essentially a legislative body. 148
C. 299. Provision that board shall state upon its records its reasons for making a change is directory only, and failure to
comply does not make action of commission void. Id. Test of board's power to change zone is whether change is for benefit
of community as a whole rather than for benefit of particular individual or groups of individuals. 148 C. 492. Commission
tabled application for zone change pending receipt of additional information to support such change but later approved
application without obtaining such information; held commission was motivated by individual welfare of petitioner and
not the common good. 148 C. 500. In making change in zone, commission must follow mandates of section 8-2. Id. An
important purpose of zoning is to lessen congestion in streets. Id. Appeals from zoning authorities exist only under statutory
authority. 148 C. 551. Stamford charter provides for review of the action of its zoning board in amending zoning map
either by direct appeal to court or by petition to legislative body and then an appeal to court from such body's decision;
held that each method is complete in itself and having pursued one, a party is precluded from pursuing the other. Id. Strict
compliance with statute is prerequisite to zoning action. 149 C. 76. Legislative history. Id., 77. Where former statute
provided, if adequate protest is filed, no zone change can be made "except by a vote of two-thirds of all the members of
the zoning commission" held, an affirmative two-thirds vote of authorized membership of commission is required. Id., 78.
Failure of zoning commission to state on its records any reasons for zone change did not render action void. 149 C. 411.
Cited. 149 C. 680, 682. Not spot zoning if change results in good of community as a whole and falls within requirements
of comprehensive plan. 150 C. 646. Prior to 1963 amendment of section 8-7: When no reason given for denial of application
for special exception, court must search record to discover sufficient reason to support decision. No statutory requirement
for giving reason for denial. 151 C. 265. Change of small area from one residential classification to another residential
classification does not of itself constitute "spot zoning." 151 C. 425. Elements constituting "spot zoning" discussed. 152
C. 7. Cited. 152 C. 311. "Due process" requirements not violated because plaintiff did not receive actual notice of zoning
ordinance since adoption of ordinance affected every property owner in the town and such a rule would nullify statutory
provision for notice by publication. 152 C. 325. Fact that zoning regulations were designated as "interim" does not make
them invalid. 153 C. 187. Cited. 153 C. 483. Board not required to state a reason for denying a change of zone. 153 C.
574, 576. Change of zone which is dependent for its proper functioning on action by other agencies and over which zoning
commission has no control cannot be sustained unless the necessary action appears to be a probability. 154 C. 202, 210.
Claim public hearing statutory provision violated not considered as not raised or passed on by trial court. 154 C. 463.
Variances should be granted charily. Where plaintiff applied for a substantial variance of set back requirements and board
denied application upon grounds of public convenience and welfare, appeal denied. 154 C. 484. Notice and filing of zone
changes actually adopted distinct from, independent of and in addition to prehearing notice and filing. 155 C. 12, 16. Filing
of map prior to hearing not required unless integral part of proposed regulations. Id., 20. Statute does not require retention
by town clerk of proposed zoning regulations after public hearing on same. Id. Notice stating that among proposed changes
in the zoning regulations was repeal of a paragraph specified by section and subsection numbers held sufficient. 155 C.
511. Cited. 156 C. 103. Where public notice contained text of proposed zoning amendment, notice was sufficient although
adopted amendment differed from proposal so as to affect plaintiffs' interests; fundamental character was not changed.
157 C. 303. Decision rendered after sixty days is not invalid; language of the section is directory only. Id., 520. Power to
grant variance must be sparingly exercised and financial hardship alone is not sufficient grounds for granting variance.
158 C. 86. Cited. 160 C. 295. Member of zoning commission absent from public hearing may vote on proposed changes
if he sufficiently acquaints himself with evidence presented at hearing. 161 C. 32. One publication in two newspapers,
proper notice. 163 C. 45. Cited. 166 C. 207. Where zoning authority has stated reasons for zone change, reviewing court
limits determinations to whether assigned grounds are pertinent and reasonably supported by the record. 166 C. 533, 543.
Application of a "floating zone" to land in a town requires an application for change of zone and a public hearing as to the
particular property or area. 168 C. 20. The zoning commission acts arbitrarily and violates the statutory uniformity requirement when it attempts to establish a buffer zone between two zones with different classifications in a specific instance but
not in other instances. 168 C. 358. Cited. 168 C. 512. Cited. 170 C. 61. Cited. 173 C. 23, 25. Cited. 176 C. 439, 441. Cited.
178 C. 657, 662. Cited. 186 C. 106, 109. Cited. 194 C. 152, 164. Cited. 195 C. 276, 280. Cited. 213 C. 604, 608, 609.
Cited. 218 C. 65, 79, 80. Cited. 219 C. 139, 142. Cited. 220 C. 455, 461. Cited. 222 C. 380, 382. Cited. 232 C. 122, 132,
148. Cited. 235 C. 448, 464.
Cited. 2 CA 49, 50. Cited. Id., 506, 509. Cited. 6 CA 686, 689−691. Cited. 7 CA 684, 695. Cited. 13 CA 448, 449, 452.
Cited. 17 CA 150. Cited. 18 CA 85, 88, 90, 92. Cited. 23 CA 232, 241. Cited. 25 CA 164, 167, 168. Cited. 27 CA 443,
447. Cited. 41 CA 89, 92.
Improper for zoning board not to state upon its record the reasons it granted a variance. 10 CS 340. Cited. 13 CS 59.
History. 13 CS 330. Compared with former statute. 15 CS 413. Protest against change of zone may be filed any time before
final definitive action changing zone. 16 CS 42. In term "at least ten days before the hearing" neither terminal date can be
included in the computation of the period. 19 CS 441. Relationship through marriage of real estate agent assisting in
development to zoning official not a disqualifying factor when official's vote was not necessary to decision. 19 CS 448.
Persons who have signed a protest petition may not, in the absence of fraud, withdraw their names after the public hearing
has been closed or concluded; history of section reviewed. 20 CS 83. News stories mentioning a public hearing held not
to constitute notice. 21 CS 78. This section and sections 8-8 and 8-9 are not so linked that the date of publication of the
notice must be considered as the date the decision was rendered. 26 CS 88. Cited. 26 CS 169. Where information obtained
at an ex parte meeting and public hearing were obviously taken into consideration by commission members at another
public hearing some eight months later, procedure was improper since zone change opponents were given no opportunity
to ascertain subordinate facts. 26 CS 500; or cross-examine. Id., 501. Where town's zoning regulations make no provision
for amendment or repeal, this section controls amendments and repeals. 28 CS 278. Adoption of zoning regulations on
Sunday is illegal conduct of secular business. 31 CS 440. Cited 35 CS 246, 247. Cited. 36 CS 281, 285. Cited. 38 CS 492,
494; Id., 590, 592. Cited. 39 CS 426, 427.
Subsec. (a):
Cited. 211 C. 78, 83. Strict compliance with section prerequisite to amending town zoning regulations. 222 C. 374,
375, 377−380.
Cited. 17 CA 150, 153−155. Cited. 20 CA 705, 706. Cited. 25 CA 164, 167; Id., 611, 615; judgment reversed, see 223
C. 171 et seq. Cited. 30 CA 454, 456, 460−462. Failure to accurately describe subject property was inadequate notice for
public hearing. 50 CA 517.
Subsec. (b):
Cited. 212 C. 471, 472, 474, 475. Cited. 219 C. 139, 142, 143, 146−149. Cited. 224 C. 44, 47. Cited. 235 C. 417, 421, 425.
Cited. 1 CA 621, 626.
Subsec. (c):
Cited. 213 C. 604, 607. Cited. 219 C. 139, 149. Cited. 220 C. 556, 567.
Cited. 23 CA 256, 257. Cited. 28 CA 314, 326.
Cited. 41 CS 218, 221, 222.
Subsec. (d):
Cited. 211 C. 78, 80, 83. Cited. 220 C. 556, 567.
Cited. 30 CA 454, 457. Although compliance with notice requirement is mandatory for zone change to be effective,
timing of notice is directory and commission was allowed to fix new effective date and publish required notice. 53 CA 182.
Subsec. (e):
Cited. 186 C. 106, 111, 114. Cited. 221 C. 374, 378.
Subsec. (f):
Cited. 186 C. 106, 112. Cited. 192 C. 367, 371. Cited. 221 C. 374, 378. Cited. 225 C. 575, 590.
Cited. 6 CA 284, 286, 289.
Subsec. (g):
Cited. 192 C. 353, 358−364. Cited. 194 C. 152, 158. Cited. Id., 187, 192, 196. Cited. 211 C. 331, 332, 334−337. Cited.
215 C. 527, 529. Cited. 222 C. 262, 267; Id., 269, 274, 275; Id., 607, 613; Id., 911. Cited. 223 C. 171, 178. Cited. 224 C.
44, 47, 49, 50; Id., 96, 100; Id., 106, 109; Id., 924. Cited. 225 C. 432, 434, 436, 438, 439, 441−444; Id., 575, 577, 580−
587. Cited. 226 C. 579, 593; Id., 684, 692. Cited. 227 C. 799−801.
Cited. 2 CA 489, 491. Cited. Id., 506, 509, 512. Cited. 3 CA 556, 557, 560, 561, 564. Cited. 6 CA 284, 286. Cited. 7
CA 684, 686, 694−700. Cited. 15 CA 561, 562, 564−568. Cited. 17 CA 405, 407. Cited. 25 CA 392, 396, 397; judgment
reversed, see 222 C. 607 et seq. Cited. 28 CA 314, 331, 332. Cited. 29 CA 1, 6; Id., 469-472−475, 479−481. P.A. 87-533
cited. Id. Cited. 35 CA 317, 319, 321−323, 325. Cited. Id., 599, 604.
Cited. 38 CS 492, 494.
Subsec. (i):
Cited. 17 CA 405, 409, 412, 416.
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Sec. 8-3a. Findings of consistency of proposed regulations or boundaries with
the plan of development. Referral of proposed regulations or boundaries to planning commission. (a) In any municipality which has a combined planning and zoning
commission operating under the general statutes or any special act, the commission
shall state on the record its findings on consistency of a proposed zoning regulation or
boundaries or changes thereof with the plan of development of the municipality.
(b) In any municipality which has a separate zoning commission operating under the
provisions of this chapter or any special act and which also has a planning commission
operating under the general statutes or any special act, proposed zoning regulations or
boundaries or changes thereof shall be referred to such planning commission for a report
at least thirty-five days prior to the date assigned for a public hearing to be held thereon.
The report shall contain the findings of the planning commission on consistency of a
proposed regulation or boundaries or changes thereof with the plan of development
of the municipality and any other recommendations the planning commission deems
relevant. The failure of the planning commission to report prior to or at the hearing shall
be taken as approval of such proposals. The report concerning consistency with the plan
of development and a statement of the vote of the planning commission approving,
disapproving or proposing a modification of such proposal shall be publicly read at any
public hearing held thereon. The full report of the planning commission regarding such
proposal shall include the reasons for the commission's vote thereon and shall be incorporated into the records of any public hearing held thereon by the zoning commission.
A proposal disapproved by the planning commission may be adopted by the zoning
commission by a vote of not less than two-thirds of all the members of the zoning
commission.
(1959, P.A. 614, S. 5; 1971, P.A. 862, S. 2; P.A. 91-398, S. 1.)
History: 1971 act required referral of proposed regulations to planning commission at least thirty-five, rather than thirty,
days before hearing; P.A. 91-398 added provisions re statement on the record by combined planning and zoning commission
of consistency of proposed change with the plan of development and requiring report of separate planning commission to
contain findings on consistency of proposed regulation with plan of development and divided section into Subsecs.
Emphasizes legislative determination that cooperation between the two commissions should benefit a town. 148 C.
172. Cited. 150 C. 83, 140. Unanimous vote of zoning commission was effective to adopt zoning amendment over planning
commission's opposition. 154 C. 202. Cited. 159 C. 587. Appeal dismissed for lack of required vote approval for adoption
of zoning proposal. 162 C. 210, 211.
Cited. 35 CS 246, 249.
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Sec. 8-3b. Notice to regional planning agency of proposed zone or zone use
change. When the zoning commission of any municipality proposes to establish or
change a zone or any regulation affecting the use of a zone any portion of which is
within five hundred feet of the boundary of another municipality located within the area
of operation of a regional planning agency, the zoning commission shall give written
notice of its proposal to the regional planning agency or agencies of the region in which
it and the other municipality are located not later than thirty-five days before the public
hearing to be held in relation thereto. The regional planning agency shall study such
proposal and shall report its findings and recommendations thereon to the zoning commission at or before the hearing, and such report shall be read aloud at the hearing. The
report of any regional planning agency of any region that is contiguous to Long Island
Sound shall include findings and recommendations on the environmental impact of the
proposal on the ecosystem and habitat of Long Island Sound. If such report of the regional
planning agency is not submitted at or before the hearing, it shall be presumed that such
agency does not disapprove of the proposal. A regional planning agency receiving such
a notice may transmit such notice to the Secretary of the Office of Policy and Management or his designee for comment. The planning agency may designate its executive
committee to act for it under this section or may establish a subcommittee for the purpose.
The report of said planning agency shall be purely advisory.
(1961, P.A. 546; 1967, P.A. 64, S. 1; 383, S. 1; 1969, P.A. 628, S. 5; 1971, P.A. 862, S. 3; P.A. 73-616, S. 51, 67; 73-
679, S. 29, 43; P.A. 74-338, S. 42, 94; P.A. 75-537, S. 42, 55; P.A. 77-614, S. 19, 610; P.A. 84-76; P.A. 91-170, S. 3.)
History: 1967 acts required that zoning commission notify regional planning agency of proposal at least thirty, rather
than twenty, days before hearing, substituted "does not disapprove" for "approves", and added provision for transmitting
notice to Connecticut development commission; 1969 act substituted director of the office of state planning for Connecticut
development commission; 1971 act required notification of regional planning agency at least thirty-five days before hearing;
P.A. 73-616 returned notice required to thirty days; P.A. 73-679 substituted managing director, planning and budgeting
division, department of finance and control or his designee for director of the office of state planning; P.A. 74-338 changed
required notice to thirty-five days; P.A. 75-537 replaced managing director with commissioner of planning and energy
policy; P.A. 77-614 replaced commissioner with secretary of the office of policy and management; P.A. 84-76 provided
for the notification of the regional planning agencies in which both municipalities are located; P.A. 91-170 added provisions
re report of region that is contiguous to Long Island Sound.
Report of capitol region planning agency disapproving planned special development district was advisory only and
town council's acceptance of plan for district could not be revised by trial court on ground of agency's disapproval. 159
C. 212. Cited. 167 C. 579.
Cited. 2 CA 595, 598, 599. Cited. 30 CA 454, 455, 458−460.
Notice requirement is mandatory and not permissive. 35 CS 246, 247, 250, 253−256.
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Sec. 8-3c. Special permits, exceptions and exemptions. Hearings. Filing requirements. (a) If an application for a special permit or special exception involves an
activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall
submit an application to the agency responsible for administration of the inland wetlands
regulations no later than the day the application is filed for a special permit or special
exception.
(b) The zoning commission or combined planning and zoning commission of any
municipality shall hold a public hearing on an application or request for a special permit
or special exception, as provided in section 8-2, and on an application for a special
exemption under section 8-2g. The commission shall not render a decision on the application until the inland wetlands agency has submitted a report with its final decision to
such commission. In making its decision the zoning commission shall give due consideration to the report of the inland wetlands agency. Notice of the time and place of such
hearing shall be published in a newspaper having a substantial circulation in such municipality at least twice, at intervals of not less than two days, the first not more than fifteen
days, nor less than ten days, and the last not less than two days before the date of such
hearing. In addition to such notice, such zoning commission may, by regulation, provide
for notice by mail to persons who are owners of land which is adjacent to the land which
is the subject of the hearing. At such hearing any party may appear in person and may
be represented by agent or by attorney. Such commission shall decide upon such application or request within the period of time permitted under section 8-7d. Whenever a
commission grants or denies a special permit or special exception, it shall state upon
its records the reason for its decision. Notice of the decision of the commission shall
be published in a newspaper having a substantial circulation in the municipality and
addressed by certified mail to the person who requested or applied for a special permit
or special exception, by its secretary or clerk, under his signature in any written, printed,
typewritten or stamped form, within fifteen days after such decision has been rendered.
In any case in which such notice is not published within such fifteen-day period, the
person who requested or applied for such special permit or special exception may provide
for the publication of such notice within ten days thereafter. Such permit or exception
shall become effective upon the filing of a copy thereof (1) in the office of the town,
city or borough clerk, as the case may be, 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
and (2) in the land records of the town in which the affected premises are located, in
accordance with the provisions of section 8-3d.
(1971, P.A. 862, S. 14; P.A. 77-450, S. 2; 77-509, S. 3; P.A. 87-215, S. 3, 7; 87-533, S. 8, 14; P.A. 88-338, S. 2, 5; P.A.
89-356, S. 12; P.A. 90-230, S. 12, 101.)
History: P.A. 77-450 deleted requirement that public hearing be held within sixty-five days and replaced requirement
that decision be rendered within sixty-five days with requirement for rendering decision within time period under Sec. 8-
7d; P.A. 77-509 changed effective date from time fixed by commission to time when filed in clerk's office and in land
records; P.A. 87-215 authorized zoning commission to provide by regulation for additional notice by mail to adjacent
landowners; P.A. 87-533 added Subsec. (a) regarding applications involving activity regulated pursuant to Secs. 22a-36
to 22a-45, inclusive, designated prior provisions as Subsec. (b) and added provision to require that the commission's
decision be rendered after the inland wetlands agency has made its report and that the commission consider such report;
P.A. 88-338 added applications for special exemption under section 8-2g to Subsec. (b); P.A. 89-356 amended Subsec.
(b) to authorize the person who requested or applied for a special permit or special exception to provide for the publication
of the notice of the decision of the commission when such notice is not timely published; P.A. 90-230 made a technical
correction in Subsec. (b) by substituting reference to "permit" for reference to "variance".
Cited. 206 C. 554, 560, 564, 567, 574, 575. Cited. 218 C. 65, 68.
Cited. 5 CA 455, 456. Cited. 7 CA 684, 695. Cited. 18 CA 85, 88. Cited. 24 CA 163, 164. Cited. 29 CA 1, 7. Cited. 38
CA 171, 175. Cited. 41 CA 89, 92. Cited. 45 CA 89.
Cited. 42 CS 256, 260.
Subsec. (b):
Cited. 213 C. 604, 607. Cited. 218 C. 65, 66, 68, 70, 76−81. Cited. 220 C. 455, 458, 460, 464, 470. Cited. 224 C. 924.
Cited. 227 C. 799−801.
Cited. 20 CA 705, 706. Cited. 29 CA 1, 7. Cited. Id., 469, 472, 473, 479−481. P.A. 87-533 cited. Id. Cited. 30 CA 395, 401;
judgment reversed, see 230 C. 452 et seq. Trial court properly determined that failure of planning and zoning commission to
comply with statutory notice and hearing requirements entitled individual plaintiffs to automatic approval of their application for special permit and site plan approval; notice of commission hearing was invalid and because failure to give proper
notice was a jurisdictional defect, action of commission in denying plaintiffs' application was void. 52 CA 763.
Subsec. (c):
Cited. 218 C. 737, 740.
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Sec. 8-3d. Variances, special permits, special exceptions and special exemptions to be recorded. No variance, special permit or special exception granted pursuant
to this chapter, chapter 126 or any special act, and no special exemption granted under
section 8-2g, shall be effective until a copy thereof, certified by a zoning commission,
planning commission, combined planning and zoning commission or zoning board of
appeals, containing a description of the premises to which it relates and specifying the
nature of such variance, special permit, special exception or special exemption, including the zoning bylaw, ordinance or regulation which is varied in its application or to
which a special exception or special exemption is granted, and stating the name of the
owner of record, is recorded in the land records of the town in which such premises are
located. The town clerk shall index the same in the grantor's index under the name of
the then record owner and the record owner shall pay for such recording.
(P.A. 75-317; P.A. 77-509, S. 4; P.A. 88-338, S. 3, 5.)
History: P.A. 77-509 included reference to chapter 126; P.A. 88-338 added special exemptions granted under Sec. 8-2g.
Cited. 189 C. 573, 575.
Cited. 18 CA 85, 88. Cited. 30 CA 395, 401; judgment reversed, see 230 C. 452 et seq.
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Sec. 8-3e. Regulation of community residences for mentally retarded persons.
Petition for revocation of license. (a) No zoning regulation shall treat any community
residence which houses six or fewer mentally retarded persons and necessary staff persons and which is licensed under the provisions of section 17a-227 in a manner different
from any single family residence.
(b) Any resident of a municipality in which such a community residence is located
may, with the approval of the legislative body of such municipality, petition 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.
(P.A. 79-353; P.A. 84-341, S. 6, 8; P.A. 89-375, S. 4, 5.)
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.
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Sec. 8-3f. Establishment of community residences for mentally retarded persons. Zoning approval required. No community residence established pursuant to
section 8-3e shall be established within one thousand feet of any other such community
residence without the approval of the body exercising zoning powers within the municipality in which such residence is proposed to be established.
(P.A. 84-517, S. 2, 3.)
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Sec. 8-3g. Regulation of community residences for mentally ill adults and
UCONN 2000 projects. (a) No zoning regulation adopted pursuant to this chapter or
any special act shall prohibit any community residence in any area which is zoned to
allow structures containing two or more dwelling units.
(b) No zoning regulation adopted pursuant to this chapter or any special act shall
prohibit any project, as defined in subdivision (16) of section 10a-109c, in any area
which is zoned to allow commercial structures.
(P.A. 84-341, S. 2, 8; P.A. 95-230, S. 40, 45; P.A. 97-293, S. 22, 26.)
History: P.A. 95-230 added Subsec. (b) re projects under UCONN 2000, effective June 7, 1995; P.A. 97-293 made a
technical change in Subsec. (b), effective July 1, 1997.
See Sec. 19a-507a for definition of "community residence".
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Sec. 8-3h. Notice to adjoining municipalities. The zoning commission of any
municipality shall notify the clerk of any adjoining municipality of the pendency of any
application, petition, request or plan concerning any project on any site in which: (1)
Any portion of the property affected by a decision of such zoning commission is within
five hundred feet of the boundary of the adjoining municipality; (2) a significant portion
of the traffic to the completed project on the site will use streets within the adjoining
municipality to enter or exit the site; (3) a significant portion of the sewer or water
drainage from the project on the site will flow through and significantly impact the
drainage or sewerage system within the adjoining municipality; or (4) water runoff from
the improved site will impact streets or other municipal or private property within the
adjoining municipality. Such notice shall be made by certified mail, return receipt requested, and shall be mailed within seven days of the date of receipt of the application,
petition, request or plan. No hearing may be conducted on any application, petition,
request or plan unless the adjoining municipality has received the notice required under
this section. Such adjoining municipality may, through a representative, appear and be
heard at any hearing on any such application, petition, request or plan.
(P.A. 87-307, S. 1; P.A. 89-175, S. 3, 7.)
History: P.A. 89-175 changed mailing requirement for notice to adjoining municipality from registered mail to certified
mail, return receipt requested.
Cited. 220 C. 455, 456, 458−465. P.A. 89-175, Sec. 3 cited. Id. Notice to be given an adjoining municipality only when
proposal on its face refers to a specific project rather than general amendments to zoning regulations not confined to a
specific site or project. Id., 556, 557, 560−568.
Cited. 30 CA 454, 456, 458, 459.
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Sec. 8-3i. Notice to water company re projects within aquifer protection area
or watershed of water company. (a) As used in this section "water company" means
a water company as defined in section 25-32a and "petition" includes a petition or
proposal to change the regulations, boundaries or classifications of zoning districts.
(b) When an application, petition, request or plan is filed with the zoning commission, planning and zoning commission or zoning board of appeals of any municipality
concerning any project on any site which is within the aquifer protection area delineated
pursuant to section 22a-354c or the watershed of a water company, the applicant or the
person making the filing shall provide written notice of the application, petition, request
or plan to the water company, provided such water company has filed a map showing
the boundaries of the watershed on the land records of the municipality in which the
application, petition, request or plan is made and with the zoning commission, planning
and zoning commission or zoning board of appeals of such municipality or the aquifer
protection area has been delineated in accordance with section 22a-354c, as the case
may be. Such notice shall be made by certified mail, return receipt requested, and shall
be mailed within seven days of the date of the application. Such water company may,
through a representative, appear and be heard at any hearing on any such application,
petition, request or plan.
(c) Notwithstanding the provisions of subsection (b) of this section, when an agent
of the zoning commission, planning and zoning commission or zoning board of appeals
is authorized to approve an application, petition, request or plan concerning any site
which is within the aquifer protection area delineated pursuant to section 22a-354c or
the watershed of a water company without the approval of the zoning commission,
planning and zoning commission or zoning board of appeals, and such agent determines
that the proposed activity will not adversely affect the public water supply, the applicant
or person making the filing shall not be required to notify the water company.
(P.A. 89-301, S. 2; P.A. 91-300, S. 3; P.A. 98-115.)
History: P.A. 91-300 revised the statutory definition of water company by changing the statutory definition reference
from Sec. 16-1 to Sec. 25-32a; P.A. 98-115 added Subsec. (a) defining "water company" and "petition", designated existing
provisions Subsec. (b) and amended Subsec. (b) to require notice of projects in aquifer protection areas and added Subsec.
(c) re approvals by agents of land use agencies without notice under this section.
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Sec. 8-3j. Regulation of family day care homes. No zoning regulation shall treat
any family day care home registered pursuant to section 17b-733 in a manner different
from single or multifamily dwellings.
(P.A. 90-286, S. 4, 9.)
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Sec. 8-4. Zoning commission may be designated as planning and zoning commission. Section 8-4 is repealed.
(1949 Rev., S. 840; 1959, P.A. 679, S. 4.)
See Sec. 8-4a.
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Sec. 8-4a. Zoning or planning commission may be designated as planning and
zoning commission. Any town, city or borough, unless otherwise provided by special
act, may by ordinance or by vote of its legislative body designate its zoning commission
or its planning commission as the planning and zoning commission for such municipality, and such commission shall thereupon have all the powers and duties of both a planning commission and a zoning commission and shall supersede any previous planning
commission or zoning commission, as the case may be. Such vote shall establish the
number of members to comprise such planning and zoning commission, which number
of members shall be five, six, seven, eight, nine or ten, not counting nonvoting members.
In the establishment of a five-member planning and zoning commission, the provisions
of section 8-19 shall apply. In the establishment of a planning and zoning commission
with six or more members, the provisions of section 8-19 shall apply except that the
terms of office shall be so arranged that not more than three of such terms on a six-
member commission, four of such terms on a seven or an eight-member commission,
or five of such terms on a nine or ten-member commission shall expire in any one year.
Any public hearing conducted by a planning and zoning commission with six or more
members shall be held by the commission or a committee thereof appointed for that
purpose constituting a majority of the members of the commission. Any combined planning and zoning commission established under the general statutes prior to October 1,
1959, may continue to exist. Upon the establishment of a combined planning and zoning
commission, all regulations adopted by the planning commission or the zoning commission which were in effect prior to the establishment of such combined commission shall
continue in full force and effect until modified, repealed or superseded in accordance
with the provisions of this chapter and chapter 126. A vacancy on such combined planning and zoning commission shall be filled in a manner prescribed by the legislative
body of such municipality.
(1959, P.A. 614, S. 6; 679, S. 3; 1971, P.A. 362, S. 1; 763, S. 2; P.A. 75-21, S. 1, 3; P.A. 77-509, S. 10.)
History: 1971 acts added provision continuing regulations of zoning or planning commission in force until modified,
repealed or superseded by newly combined commission and extended applicability of section to cities and boroughs; P.A.
75-21 changed maximum numbers of terms to expire in one year from two to three on six-member commission, from three
to four on seven or eight-member commission and from four to five on a nine or ten-member commission; P.A. 77-509
added provision concerning filling of vacancies.
See Sec. 8-1b re alternate members of zoning commission or combined planning and zoning commission.
Annotations to former statute:
Cited. 113 C. 776. No action can be taken by town meeting unless referred to or disapproved by commission. 143 C.
152. Relationship between planning and zoning. 145 C. 28. Cited. 146 C. 570.
Annotations to present section:
Cited. 154 C. 473; 161 C. 430; 170 C. 62. Cited. 186 C. 106, 110. Vote of a salaried municipal officer although invalid
under this statute and Sec. 8-19 did not invalidate commission's entire action in approving a zone reclassification where
total valid votes were sufficient. 196 C. 192, 193, 195, 196, 199−202.
Cited. 2 CA 213, 215. Cited. 31 CA 643, 648.
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Sec. 8-4b. Change from combined commission to separate commissions. Any
town, city or borough which has designated its zoning commission or its planning commission as the planning and zoning commission of such municipality under the provisions of section 8-4a may, by ordinance or by vote of its legislative body, reverse such
designation and do anything necessary to conform to the provisions of this chapter or
chapter 126; provided no such reversal, unless otherwise stated, shall be construed to
affect the continuity of planning or zoning in such town.
(February, 1965, P.A. 566; 1971, P.A. 763, S. 3.)
History: 1971 act included cities and boroughs under provisions of section.
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Sec. 8-5. Zoning board of appeals. Alternate members. (a) In each municipality
having a zoning commission there shall be a zoning board of appeals consisting of five
regular members and three alternate members, unless otherwise provided by special act.
Such alternate members, also referred to as "the panel of alternates", shall, when seated
as herein provided, have all the powers and duties set forth in the general statutes relating
to zoning boards of appeals and their members. The regular members and alternate
members of such zoning board of appeals shall be electors and shall not be members of
the zoning commission, any provision of any special act to the contrary notwithstanding.
Such board and such panel of alternates shall, unless otherwise provided by special act,
be elected or appointed in such manner and for such terms as is determined for each by
ordinance adopted by the municipality. Any vacancy in such board, including any vacancy in the panel of alternates, unless otherwise provided by ordinance or special act,
shall be filled for the unexpired portion of the term, by the board of selectmen of towns
or the chief executive officer of cities and boroughs. Such board by vote of its regular
members only shall elect a chairman from among its members, unless otherwise provided by special act, and all meetings of such board shall be held at the call of the
chairman and at such other times as the board determines and shall be open to the public.
Such chairman or in his absence the acting chairman may administer oaths and compel
the attendance of witnesses. The board shall keep minutes of its proceedings showing
the vote of each member and each alternate member when seated upon each question
or, if absent or failing to vote, indicating such fact; and shall also keep records of its
examinations and other official actions. Each rule or regulation and each amendment
or repeal thereof and each order, requirement or decision of the board shall immediately
be filed in the office of the board and shall be a public record.
(b) The zoning board of appeals of any town shall have jurisdiction over that part
of the town outside of any city or borough contained therein except that the legislative
body of any city or borough may, by ordinance, designate the zoning board of appeals
of the town in which such city or borough is situated as the zoning board of appeals of
such city or borough.
(1949 Rev., S. 841; 1951, S. 158b; 1953, S. 376d; 1959, P.A. 146, S. 1; 1961, P.A. 271; 1963, P.A. 137; 1971, P.A.
763, S. 4; P.A. 75-629, S. 2; P.A. 89-175, S. 1, 7.)
History: 1959 act required alternate members; 1961 act added panel of alternates in provision for method of selection
and determination of terms; 1963 act added "any provision of any special act to the contrary notwithstanding" to the
provision governing membership of zoning board of appeals; 1971 act made no changes; P.A. 75-629 added Subsec. (b)
concerning jurisdiction of zoning board of appeals; P.A. 89-175 amended Subsec. (a) to eliminate provisions re appointment
of board members and alternates in cities and boroughs and to provide that board members and alternates may be elected
or appointed in any municipality.
See Sec. 9-1 for applicable definitions.
See Sec. 9-209 re certification of terms of office and number of members of planning and zoning boards or commissions.
Cited. 123 C. 264. Board of appeals acts in a quasi-judicial capacity as distinguished from zoning commission. 145 C.
592. Cited. 148 C. 33. Cited. 165 C. 185. Cited. 219 C. 352, 361.
Cited. 33 CA 281, 286.
Compared with number 305 of special acts of 1931. 10 CS 194.
Subsec. (a):
Cited. 33 CA 281, 284.
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Sec. 8-5a. Designation of alternate members to act. If a regular member of a
zoning board of appeals is absent, he may designate an alternate from the panel of
alternates to act in his place. If he fails to make such designation or if he is disqualified, the
chairman of the board shall designate an alternate from such panel, choosing alternates in
rotation so that they shall act as nearly equal a number of times as possible. If any
alternate is not available in accordance with such rotation, such fact shall be recorded
in the minutes of the meeting.
(1959, P.A. 146, S. 2; 1971, P.A. 763, S. 5.)
History: 1971 act made no changes.
Fact that minutes failed to show how or by whom alternates who participated in hearing were designated did not
invalidate board's action. 150 C. 539. Cited. 219 C. 352, 361.
Cited. 33 CA 281, 284.
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Sec. 8-5b. Ordinance may provide for appointment of alternate members. Any
town, city or borough, in addition to such powers as it has under the provisions of the
general statutes or any special act, shall have the power to provide by ordinance for the
appointment of three alternate members to its zoning board of appeals as is set forth in
section 8-5.
(1961, P.A. 253.)
Cited. 219 C. 352, 361.
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Sec. 8-6. Powers and duties of board of appeals. (a) The zoning board of appeals
shall have the following powers and duties: (1) To hear and decide appeals where it is
alleged that there is an error in any order, requirement or decision made by the official
charged with the enforcement of this chapter or any bylaw, ordinance or regulation
adopted under the provisions of this chapter; (2) to hear and decide all matters including
special exceptions and special exemptions under section 8-2g upon which it is required
to pass by the specific terms of the zoning bylaw, ordinance or regulation; and (3) to
determine and vary the application of the zoning bylaws, ordinances or regulations in
harmony with their general purpose and intent and with due consideration for conserving
the public health, safety, convenience, welfare and property values solely with respect
to a parcel of land where, owing to conditions especially affecting such parcel but not
affecting generally the district in which it is situated, a literal enforcement of such bylaws, ordinances or regulations would result in exceptional difficulty or unusual hardship
so that substantial justice will be done and the public safety and welfare secured, provided that the zoning regulations may specify the extent to which uses shall not be
permitted by variance in districts in which such uses are not otherwise allowed. No such
board shall be required to hear any application for the same variance or substantially
the same variance for a period of six months after a decision by the board or by a court
on an earlier such application.
(b) Any variance granted by a zoning board of appeals shall run with the land and
shall not be personal in nature to the person who applied for and received the variance.
A variance shall not be extinguished solely because of the transfer of title to the property
or the invalidity of any condition attached to the variance that would affect the transfer
of the property from the person who initially applied for and received the variance.
(1949 Rev., S. 842; P.A. 77-509, S. 5; P.A. 88-338, S. 4, 5; P.A. 93-385, S. 1.)
History: P.A. 77-509 added provisions concerning variances; P.A. 88-338 added reference to special exemptions under
Sec. 8-2g; P.A. 93-385 designated existing provisions as Subsec. (a) and added Subsec. (b) providing that zoning variances
shall run with the land.
See 123 C. 480. Action in executive session by four members of board not invalid because full membership did not
participate. 125 C. 720. Board of appeals not unreasonable in denying variance for parking lot in residential zone. 126 C.
228. Provision re variance in regulation was in harmony with this section. 129 C. 288. "Hardship" construed. 111 C. 616;
114 C. 15; 120 C. 454; 124 C. 525; 125 C. 715; 126 C. 228; 129 C. 280; Id., 285; 130 C. 164; 132 C. 542. Injunctive relief
on ground of unconstitutionality of action of zoning authorities cannot be sought until party has been granted or denied a
variance by zoning board of appeals. 142 C. 415. Board has power to grant variance under this section when its own
regulation was limited. 143 C. 132. Zoning board of appeals shall not grant variance unless it can reasonably find that
strict application would entail exceptional difficulty or undue hardship on an individual property owner. 143 C. 542. Similar
provision in Bridgeport zoning regulations construed. 144 C. 641. Difference between variance and exception. Accessory
use defined. 146 C. 70. Financial loss or hardship is not sufficient reason for granting variance. 146 C. 547. Conditions
permitting an exception must be found in zoning regulations themselves. 146 C. 665. Variance denied since hardship was
of plaintiffs' own making. 146 C. 737. In order to warrant a variance, hardship must be shown to differ in kind from
hardship imposed on properties in general by regulations. 147 C. 358. Cited. 148 C. 33. Board can grant variance for
reasons stated in this section; mere financial gain to applicant is not sufficient. 148 C. 443. Zoning board of appeals should
not be permitted to revoke former action unless there has been a change in conditions or new considerations materially
affecting merits of subject matter have intervened. That applies even though former action was taken without prejudice.
149 C. 698. Where plaintiff purchased property under conditions and restrictions now complained of, ground of "hardship"
without support in evidence. Also motive for seeking variance was greater financial return, and any claimed unsuitability
of land for residence purposes did not attach any more particularly to plaintiff's land than to zoning district in general. 149
C. 698. Mere financial loss does not constitute hardship warranting granting of variance. But if loss is so great as to amount
to confiscation of applicant's property, variance might be justified. 150 C. 391. Hardship warrants granting of variance
only if it is different in kind from hardship imposed by regulations on property in general. It must be peculiarly oppressive to
applicant's property. Id. Zoning board of appeals acting under this section must conduct public hearing on every application
submitted to it and give timely and adequate notice in accordance with section 8-7. 150 C. 532. Aggrieved party cannot
bypass board by bringing action in superior court seeking review of zoning enforcement officer's action. 151 C. 27. Board
cannot reverse its decision unless aggrieved party can show a change of conditions or circumstances. 151 C. 34. For granting
of variance, hardship imposed must differ in kind from hardship imposed on properties generally by the regulations. 151
C. 49. If hardship affects all property in general area, the matter can only be acted on legislatively, not administratively.
Id. Special exception not allowed where requirements of regulations not met. 151 C. 144. Variance allowed where owner
built on lot with one hundred foot frontage, even where area restricted to one hundred twenty foot frontage and owner had
prior opportunity to buy lot at its original one hundred twenty foot frontage. 151 C. 165. As variance would not materially
impair effectiveness of zoning regulations as a whole, court upheld granting of said variance. 151 C. 166. When claimed
hardship arises because of actions of applicant, board is without power to grant variance. 151 C. 681. Mere statement that
application of zoning restriction to named premises constitutes a hardship not sufficient reason for variance. 153 C. 314,
316. Failure to give posted notice as required by Stratford zoning regulations made action by town zoning board granting
zoning changes illegal. 154 C. 420. One who has contracted to purchase property has standing to apply for a special
exception or variance governing its use. 154 C. 426. Refusal of zoning board to grant variance was not abuse of its discretion
where applicant had bought undersized lot in district zoned to require three acre lots for building. Id., 380. Board had
function of deciding whether plaintiff's process of assembling small arms ammunition was manufacture of explosives
prohibited by zoning regulation in his area and was not bound by definition of explosives in section 29-83. Id., 558. That
property previously equipped and leased as restaurant could not now be leased again as restaurant unless variance was
granted to permit restoration of its lapsed liquor permit held not such a hardship as justified board of appeals granting a
variance. 156 C. 426. Cited. 156 C. 588, 591. Appeal to court of common pleas without prior proceeding under this section
upheld where relief sought was equitable in nature for injunction against town officials. 157 C. 548. Cited. 155 C. 175,
180. Cited. 162 C. 44. Considerations of board in granting variances. 163 C. 179. Cited. 163 C. 237, 238, 453. Notice
which incorrectly referred to an appeal hearing as a hearing on a variance request held sufficient. 164 C. 325. Cited. 165
C. 185. Section 8-6 does not allow a board of appeals when granting a variance to make a new ordinance for a particular
property; the statute only allows the board to vary the application of the existing ordinance in enumerated instances. 168
C. 194. Cited. 173 C. 420, 423. Statutory standard of "exceptional difficulty or unusual hardship" interpreted. 174 C. 323,
326, 327. Cited. 178 C. 364, 368; 179 C. 250, 253. Zoning board of appeals lacked authority to grant variance for trailer
park since city's zoning regulations prohibited the enlargement of a nonconforming use. 180 C. 193, 198. Cited. 186 C.
32, 38. Section does not preclude review of actions of a commission by zoning board of appeals, discusses relationship
with Secs. 8-9 and 8-10. 186 C. 106, 108, 113, 114, 117, 118. Cited. 213 C. 604, 610. Cited. 217 C. 588, 607. Cited. 219
C. 352, 359, 361. Cited. 221 C. 374, 377−380, 382, 383. Cited. 225 C. 432, 437. Cited. Id., 691, 694, 697. Cited. 226 C.
80, 87. Cited. 233 C. 198, 207. Cited. 235 C. 850, 851, 854−856, 858−862, 864. Cited. 241 C. 180.
Cited. 4 CA 271, 273. Action pending under this section cannot be used under prior pending action rule to bar action
subsequently brought under Sec. 8-12. 9 CA 534, 537. Cited. 15 CA 729, 737. Cited. 18 CA 195, 204; Id., 312, 313. Cited.
22 CA 255, 257. Cited. 24 CA 49, 52, 54. Cited. 25 CA 631, 634, 635. Cited. 27 CA 297, 298, 303, 306. Cited. 29 CA
402, 405. Cited. 31 CA 380, 383. Cited. 42 CA 272; judgment reversed, see 241 C. 180 et seq. Cited. 43 CA 545.
Board is without power to authorize an exception or variance without some basis of fact. 18 CS 48. Compared with
number 305 of the special acts of 1931. 10 CS 194. Possible inconvenience to public and economic disadvantage to owner
held not sufficient justification for granting of variance on ground of practical difficulty or unnecessary hardship. 21 CS
102. Where board passed on issue which was not presented to it in any manner cognizable under the act or the regulations,
it acted gratuitously and the application was not within its jurisdiction and should have been denied. 25 CS 279. Rule that
board cannot reverse a former decision unless there has been a change in conditions did not apply where former decision
was invalid because of improper notice. 26 CS 255. Circumstances under which board's decisions should be overruled
discussed. Id., 256. Zoning board of appeals acted in arbitrary and illegal manner in granting variance to defendant where
there was no evidence the limitation as to the amount of outdoor storage area was so unbearable a reduction as to be
confiscatory or arbitrary. 28 CS 278. Cited. 30 CS 157. Cited. 32 CS 223. Cited. 32 CS 625. Zoning board of appeals did
not act arbitrarily in denying a variance to use a portion of a residence as a real estate office since a real estate broker is
not a "professional person" within purview of zoning regulations. 36 CS 217, 220. Cited. 38 CS 651, 654. Cited. 41 CS
218, 221, 222.
Subsec. (a):
Cited. 42 CA 272; judgment reversed, see 241 C. 180 et seq.
Subsec. (a)(1):
Legislative intent that issue of what constitutes nonconforming use should be handled in the first instance by local
administrative officials. 180 C. 575, 578. Cited. 181 C. 556, 558. Cited. 225 C. 575, 595. Cited. 234 C. 498, 503.
Cited. 12 CA 90, 94. Cited. 17 CA 17, 40; judgment reversed, see 212 C. 570 et seq. Cited. 20 CA 302, 304−307. Cited.
34 CA 552, 555. Cited. 43 CA 443.
Subsec. (a)(3):
Power to vary regulations must be sparingly exercised. Financial detriment to a single owner not sufficient reason. 139
C. 116. Cited. 152 C. 661; 155 C. 42; 165 C. 389, 393. Circumstances in which the zoning board of appeals may grant a
variance are in substance the same as those specified in section 11.6.3 of the zoning regulations of New Haven. 165 C.
749, 752. Cited. 179 C. 650, 655, 657, 660; 181 C. 556, 558. Cited. 186 C. 32, 38. Cited. 205 C. 703, 709−711. Cited. 206
C. 362, 368. Cited. 218 C. 438, 445. Cited. 228 C. 785, 790. Cited. 234 C. 498, 506. Cited. 235 C. 850, 856.
Cited. 4 CA 205, 208. Cited. Id., 500−502. Cited. 15 CA 387, 389. Cited. 18 CA 195, 204. Cited. 20 CA 302, 304−307.
Cited. 21 CA 594, 597. Cited. 23 CA 441, 442. Cited. 24 CA 49, 52. Cited. 25 CA 375, 381; Id., 631, 634, 636. Cited. 26
CA 187, 190. Cited. 27 CA 297, 298, 303. Cited. 31 CA 270, 273. Cited. 34 CA 552, 555. Cited. 43 CA 545. Voluntary
assumption of hardship does not constitute grounds for a variance. 50 CA 308.
Where zoning board granted plaintiffs variance from which a successful appeal was taken, fact that plaintiffs had begun
construction did not constitute a hardship under this section since such construction was begun before expiration of appeal
period. 26 CS 255, 256. No hardship existed by reason of the size, shape and topography of plaintiffs' lot where all properties
in the area were similar in size, shape and grade and regulations affected all similar properties in the same manner. Id.
Financial disappointment insufficient to support granting of variance absent showing strict application of zoning regulations
would destroy economic utility of property. 29 CS 4, 7. Property owners purchasing, with knowledge, express or implied,
of zoning regulations, cannot be deemed to prevent valid case of exceptional difficulty or unusual hardship since they were
aware, in law or in fact, of zoning restrictions prior to taking title to premises. 29 CS 4, 6.
Subsec. (b):
Cited. 235 C. 850, 856, 858, 861.
Cited. 45 CA 702.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-6a. Appeal to be heard before variance when both joined. Whenever an
application to a zoning board of appeals for the grant of a variance is joined with an
appeal from any order, requirement or decision made by the official charged with the
enforcement of this chapter, or any bylaw, ordinance or regulation adopted under the
provisions of this chapter, the board shall first decide the issues presented by such appeal.
(P.A. 75-86, S. 1.)
Cited. 219 C. 352, 361. Cited. 225 C. 691, 695, 696. Cited. 226 C. 80, 87.
Cited. 20 CA 302, 305, 306, 309. Cited. 34 CA 552, 553, 556.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-7. Appeals to board. Hearings. Effective date of exceptions or variances;
filing requirements. The concurring vote of four members of the zoning board of appeals shall be necessary to reverse any order, requirement or decision of the official
charged with the enforcement of the zoning regulations or to decide in favor of the
applicant any matter upon which it is required to pass under any bylaw, ordinance, rule
or regulation or to vary the application of the zoning bylaw, ordinance, rule or regulation.
An appeal may be taken to the zoning board of appeals by any person aggrieved or by
any officer, department, board or bureau of any municipality aggrieved and shall be
taken within such time as is prescribed by a rule adopted by said board, or, if no such
rule is adopted by the board, within thirty days, by filing with the zoning commission
or the officer from whom the appeal has been taken and with said board a notice of
appeal specifying the grounds thereof. The officer from whom the appeal has been taken
shall forthwith transmit to said board all the papers constituting the record upon which
the action appealed from was taken. An appeal shall not stay any such order, requirement
or decision which prohibits further construction or expansion of a use in violation of
such zoning regulations except to such extent that the board grants a stay thereof. An
appeal from any other order, requirement or decision shall stay all proceedings in the
action appealed from unless the zoning commission or the officer from whom the appeal
has been taken certifies to the zoning board of appeals after the notice of appeal has
been filed that by reason of facts stated in the certificate a stay would cause imminent
peril to life or property, in which case proceedings shall not be stayed, except by a
restraining order which may be granted by a court of record on application, on notice
to the zoning commission or the officer from whom the appeal has been taken and on
due cause shown. Such board shall, within the period of time permitted under section
8-7d, hear such appeal and give due notice thereof to the parties. Notice of the time and
place of such hearing shall be published in a newspaper having a substantial circulation
in such municipality at least twice at intervals of not less than two days, the first not
more than fifteen days, nor less than ten days, and the last not less than two days before
such hearing. In addition to such notice, such board may, by regulation, provide for
notice by mail to persons who are owners of land which is adjacent to the land which
is the subject of the hearing. At such hearing any party may appear in person and may
be represented by agent or by attorney. Such board may reverse or affirm wholly or
partly or may modify any order, requirement or decision appealed from and shall make
such order, requirement or decision as in its opinion should be made in the premises
and shall have all the powers of the officer from whom the appeal has been taken but
only in accordance with the provisions of this section. Whenever a zoning board of
appeals grants or denies any special exception or variance in the zoning regulations
applicable to any property or sustains or reverses wholly or partly any order, requirement
or decision appealed from, it shall state upon its records the reason for its decision and
the zoning bylaw, ordinance or regulation which is varied in its application or to which
an exception is granted and, when a variance is granted, describe specifically the exceptional difficulty or unusual hardship on which its decision is based. Notice of the decision
of the board shall be published in a newspaper having a substantial circulation in the
municipality and addressed by certified mail to any person who appeals to the board,
by its secretary or clerk, under his signature in any written, printed, typewritten or
stamped form, within fifteen days after such decision has been rendered. In any case
in which such notice is not published within such fifteen-day period, the person who
requested or applied for such special exception or variance or took such appeal may
provide for the publication of such notice within ten days thereafter. Such exception or
variance shall become effective upon the filing of a copy thereof (1) in the office of the
town, city or borough clerk, as the case may be, 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
and (2) in the land records of the town in which the affected premises are located, in
accordance with the provisions of section 8-3d.
(1949 Rev., S. 843; 1951, 1953, S. 378d; 1959, P.A. 458; 577, S. 5; 614, S. 4; 1963, P.A. 55, S. 1; February, 1965, P.A.
622, S. 2; 1967, P.A. 884, S. 1; 1971, P.A. 862, S. 4; P.A. 75-86, S. 2; P.A. 77-450, S. 3; 77-509, S. 6; P.A. 84-122; P.A.
87-215, S. 4, 7; P.A. 89-356, S. 13.)
History: 1959 acts changed "appellant" to "applicant" in first sentence, provided for filing of exception, variance or
reversal in case of a district, added requirement of newspaper publication of notice of hearing and added requirement
appeal be decided within sixty days; 1963 act added requirement board record reasons for denial of exception or variance
and for sustaining of order or decision; 1965 act required notice of board's decision on appeal to be mailed to appellant
and to be published in a newspaper, eliminated requirement for publishing notice of the filing of the variance, exception
or reversal and deleted statement that appeals from decisions of board may be made in the manner set forth in Sec. 8-8
within fifteen days of their effective date; 1967 act stated in more detail the notification of decision required to be given
the appellant and changed deadline for notification from within three days of decision to within ten days of decision; 1971
act required that appeal be heard within sixty-five days of notice rather than within "a reasonable time", required that
decision be rendered within sixty-five, rather than sixty, days of hearing and required publication of decision and notification
of appellant within fifteen rather than ten days; P.A. 75-86 required recording of regulation varied or to which exception
made and basis for reaching decision; P.A. 77-450 deleted provision requiring that decision be reached within sixty-five
days of hearing and replaced sixty-five day limit between notice and hearing with reference to time period under Sec. 8-
7d; P.A. 77-509 added provision concerning stay of order on appeal where prohibition of construction, expansion, etc.
involved and provided that decisions become effective not at time fixed by board but by filing in clerk's office and in land
records; P.A. 84-122 required that appeals be taken within thirty days if no set period for taking appeals is adopted by the
board; P.A. 87-215 authorized board to provide by regulation for additional notice by mail to adjacent landowners; P.A.
89-356 added provision authorizing the person who requested or applied for a special exception or variance or took an
appeal to provide for the publication of the notice of the decision of the board when such notice is not published in a timely
manner.
See notes to section 8-6.
Cited. 140 C. 527; 142 C. 88; id., 92; 148 C. 33, 603. Since there was no applicable limitation of time for taking appeal,
and since there was failure to show prejudice by any delay in taking appeal and thus doctrine of laches could not be invoked,
it could not be said that appeal was barred by lapse of time. 150 C. 113. Cited. 150 C. 413. Provisions requiring hearing
to be held by zoning board of appeals on "any appeal" are not limited to appeals in technical sense. They apply to every
application invoking powers conferred on board by section 8-6. 150 C. 532. Recitation that applicant sought permission
to change nonconforming use of his premises as a mink ranch to a "lesser" nonconforming use was insufficient notice to
inform those who might be affected by change. Id. Prior to 1965 amendment: Time for taking appeal from zoning board
controlled by section 8-7 rather than section 8-8. 151 C. 646. Cited. 151 C. 694; 153 C. 315; id., 623; 154 C. 32, 34; 155
C. 178, 180. Although condition requiring petitioner to deed part of property for street widening was illegal and of no
effect, remainder of board's decision granting exception for construction of gasoline station was separable and therefore
valid. 155 C. 350. Provisions not applicable to any municipality which has not adopted general enabling act as provided
in section 8-1; hence notice of hearing in conformance with Hartford zoning ordinance was proper notice of hearings before
zoning board of appeals of city of Hartford. Id., 360. Section not applicable to hearing before municipal zoning board of
appeal prior to adoption of chapter by municipality. Id., 422. Provision that board "shall decide" appeals within sixty days
after hearing relates to procedure and is directory, not mandatory. Id., 550. Zoning regulations required board to find "that
the existing public streets" are adequate to handle additional traffic where an exception is granted and board could not
grant exception conditional on determination of adequacy by town traffic commission. 157 C. 420. Board of appeals in
hearing plaintiff's appeal from action of zoning commission was administrative body acting in a quasi-judicial capacity;
plaintiff was given a fair hearing, witnesses not required to testify so that she might cross-examine them. 158 C. 158.
Notice of hearing sufficient if it sufficiently apprises those interested of action proposed to enable them to prepare for
hearing. 158 C. 202. Compliance with publication requirement by the board is presumed. 158 C. 331. Cited. 158 C. 336.
Cited. 162 C. 74. Cited. 163 C. 379. Cited. 165 C. 185. Court, upon concluding that action taken by administrative agency
was illegal, arbitrary or in abuse of its discretion, should go no further than to sustain appeal. Direction of what action
should be taken would be usurpation of administrative function. 165 C. 749, 754. Cited. 173 C. 420, 425. Cited. 174 C.
351, 353; Id., 488, 491. Cited. 195 C. 276, 280, 281, 283. Cited. 211 C. 78, 81, 83, 84. Cited. 212 C. 628, 631. Cited. 213
C. 604, 607. Cited. 218 C. 65, 79, 80. Cited. 219 C. 352, 357, 360, 361. Without subject matter jurisdiction board's action
was a nullity. Judgment of appellate court in Roepke v. Zoning Board of Appeals, 25 CA 611 reversed and case remanded
to appellate court for its plenary consideration of timeliness of appeal. 223 C. 171, 174, 176, 178. Cited. 225 C. 432, 433,
439, 440, 443, 444; Id., 575, 595. Cited. 226 C. 80, 87, 89; Id., 913. Judgment of appellate court in Koepke v. Zoning Board
of Appeals, 30 CA 395, reversed. 230 C. 452, 454−456, 458. Exhaustion of administrative remedies doctrine not applicable
to plaintiffs; judgment of appellate court in Loulis v. Parrott, 42 CA 272 et seq. reversed. 241 C. 180.
Cited. 2 CA 384, 386, 387. Cited. Id., 506, 509. Cited 4 CA 205, 206. Cited. Id., 633, 639. Statutory and classical
aggrievement discussed. 7 CA 632, 635, 637, 638. Cited. Id., 684, 687−689. Cited. 16 CA 604, 606; judgment reversed,
see 212 C. 628 et seq. Cited. 17 CA 17, 40; judgment reversed, see 212 C. 570 et seq. Cited. 20 CA 561, 566. Cited. 23
CA 232, 235−237. Cited. 25 CA 611, 615; judgment reversed, see 223 C. 171 et seq. Cited. 26 CA 187, 189. Cited. 28 CA
256, 258, 259; judgment affirmed in part and modified in part, see 226 C. 80 et seq. Cited. 30 CA 395, 397, 398; judgment
reversed, see 230 C. 452 et seq. Cited. Id., 797, 799, 800. Valid vote can occur only when agency members are present
and convened together at a public meeting. 33 CA 281, 285, 286. Cited. 34 CA 552−555. Cited. 40 CA 692, 694. Cited.
41 CA 89, 110, 112. Cited. 42 CA 272; judgment reversed, see 241 C. 180 et seq. Cited. 43 CA 512. Cited. Id., 563.
Board of zoning appeals members who will make decision must be present at public hearing. 19 CS 307. Cited. 23 CS
7, 10. Appeal stays all proceedings in action appealed from including criminal proceedings provided for in section 8-12.
23 CS 125. Cited. 25 CS 276. History discussed. 26 CS 88, 89. Plaintiffs' claim that logic dictates that legislature did not
intend that there should be an inconsistent procedure relative to appeals from decisions of zoning boards of appeal and
zoning boards and that therefore the running of the appeal period in the case of a zoning regulation should be contingent
on the statutory publication is without merit. Id., 90. Cited. 26 CS 169. Rule that board cannot reverse a former decision
unless there has been a change in condition did not apply where former decision was invalid because of improper notice.
26 CS 255. Circumstances under which board's decisions should be overruled discussed. 26 CS 256. Where zoning was
controlled by special act with different requirements as to notice of hearing, special act prevails. 26 CS 262. Equitable
relief outside the framework of appeal procedure set up by statute might be granted in the presence of allegations of
fraudulent connivance or collusion on the part of local zoning board of appeals. 26 CS 334, 335. Plaintiffs have been granted
equitable relief when the zoning authority lacked the jurisdiction to take the action which the plaintiff was challenging. Id.
Equitable relief by way of an injunction will not be granted if the court finds that the legal remedy afforded by the statute
has not been exhausted. Id. Cited. 32 CS 223. Cited. 32 CS 625. Cited. 35 CS 246, 247. Cited. 38 CS 492, 494. Cited. 39
CS 426; Id., 523−527. Cited. 41 CS 398, 399. Cited. 43 CS 373, 374.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-7a. Evidence at hearings to be taken by stenographer or recorded. The
zoning commission, planning commission, planning and zoning commission and zoning
board of appeals shall call in a competent stenographer to take the evidence, or shall
cause the evidence to be recorded by a sound-recording device, in each hearing before
such commission or board in which the right of appeal lies to the Superior Court.
(1959, P.A. 460, S. 1; P.A. 76-436, S. 290, 681; P.A. 90-286, S. 6, 9.)
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.
Cited. 148 C. 600. History discussed; reversal of decision at 23 CS 6; failure of board of appeals to comply with mandate
of this section renders action voidable at option of an aggrieved person. 150 C. 411, but see provisions of section 8-8
adopted in 1963 concerning taking of evidence. Cited. 153 C. 713; 154 C. 393, 396; 155 C. 268. Cited. 162 C. 44. Cited.
219 C. 352, 361; Id., 511, 515. Cited. 226 C. 80, 87−89.
Cited. 6 CA 110, 112. Cited. 43 CA 563.
Where, due to mechanical failure of recording machine, no transcript is available, court may permit introduction of
additional evidence to determine what considerations were presumptively in minds of board members. 23 CS 6. Reversed,
150 C. 411, supra.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-7b. Notice to contiguous municipalities of variance applications. Whenever a zoning board of appeals has before it for consideration an application for a variance
in the use of property any portion of which lies within five hundred feet of a contiguous
municipality within the state, such board shall, at least one week prior to the hearing
thereon, notify the clerk of such municipality, in writing, of the fact of such application
and of the date, time and place fixed by it for such hearing.
(February, 1965, P.A. 54; P.A. 83-247.)
History: P.A. 83-247 provided that notification need be made only to municipalities within the state and shall include
the time and place of the hearing.
Cited. 219 C. 352, 361. Cited. 226 C. 80, 87.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-7c. Disclosure of beneficiaries of real property held in trust. Any person
who makes an application to a planning commission, zoning commission or zoning
board of appeals pertaining to real property, the record title to which is held by a trustee
of an undisclosed trust, shall file with said application a sworn statement disclosing the
name of the equitable owner of such real property or the beneficiary of the trust.
(1971, P.A. 782.)
Cited. 219 C. 352, 361.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-7d. Hearings and decisions. Time limits. Day of receipt. (a) Except as
provided in subsection (b) of this section, in all matters wherein a formal petition, application, request or appeal must be submitted to a zoning commission, planning and zoning
commission or zoning board of appeals under this chapter and a hearing is required on
such petition, application, request or appeal, such hearing shall commence within sixty-
five days after receipt of such petition, application, request or appeal and shall be completed within thirty-five days after such hearing commences. All decisions on such
matters shall be rendered within sixty-five days after completion of such hearing. The
petitioner or applicant may consent to one or more extensions of any period specified
in this subsection, provided the total extension of any such period shall not be for longer
than the original period as specified in this subsection, or may withdraw such petition,
application, request or appeal.
(b) Whenever the approval of a site plan is the only requirement to be met or remaining to be met under the zoning regulations for any building, use or structure, a
decision on an application for approval of such site plan shall be rendered within sixty-
five days after receipt of such site plan. The applicant may consent to one or more
extensions of such period, provided the total period of any such extension or extensions
shall not exceed two further sixty-five-day periods, or may withdraw such plan.
(c) For purposes of subsection (a) or (b) of this section, the day of receipt of a
petition, application, request or appeal shall be the day of the next regularly scheduled
meeting of such commission or board, immediately following the day of submission to
such board or commission or its agent of such petition, application, request or appeal
or thirty-five days after such submission, whichever is sooner. If the commission or
board does not maintain an office with regular office hours, the office of the clerk of
the municipality shall act as the agent of such commission or board for the receipt of
any petition, application, request or appeal.
(d) The provisions of subsection (a) of this section shall not apply to any action
initiated by any zoning or planning and zoning commission regarding adoption or change
of any zoning regulation or boundary.
(e) Notwithstanding the provisions of this section, if an application involves an
activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, and the time for a
decision by a zoning commission or planning and zoning commission established pursuant to this section would elapse prior to the thirty-fifth day after a decision by the inland
wetlands agency, the time period for a decision shall be extended to thirty-five days
after the decision of such agency. The provisions of this subsection shall not be construed
to apply to any extension consented to by an applicant or petitioner.
(1971, P.A. 862, S. 12; P.A. 77-450, S. 4; P.A. 78-104, S. 1; P.A. 82-81, S. 1; P.A. 87-533, S. 10, 14; P.A. 93-385, S.
2; P.A. 99-21, S. 1.)
History: P.A. 77-450 reworded previous provisions and designated them as Subsec. (c) and inserted new Subsecs. (a)
and (b) before and new Subsec. (d) after; P.A. 78-104 amended Subsec. (a) to allow more than one extension and changed
maximum extension time from double the original period to a time equaling the original period, made Subsec. (b) applicable
to cases where site plan approval is only requirement to be met or remaining to be met and clarified Subsec. (c) by replacing
references to "official receipt" with references to "submission"; P.A. 82-81 provided that town clerk would act as agent
for receipt of documents for any board or commission not having regular office hours; P.A. 87-533 added Subsec. (e)
regarding applications involving activity regulated pursuant to Secs. 22a-36 to 22a-45, inclusive; P.A. 93-385 amended
Subsec. (b) by applying provisions to all buildings, uses or structures instead of limiting applications to proposals; P.A. 99-
21 amended Subsec. (a) to extend the time for completion of a hearing from thirty to thirty-five days after commencement.
Cited. 192 C. 353, 361. Cited. 194 C. 187, 192, 196, 197. Cited. 206 C. 554, 560, 562−564, 567, 574. Cited. 211 C.
331, 333, 337. Cited. 219 C. 352, 361. Cited. 222 C. 269, 275. Cited. 224 C. 44, 49. Cited. 225 C. 432, 433, 438, 440, 442,
444. Cited. Id., 575, 577, 580, 582−585. Cited. 230 C. 641, 647.
Cited. 3 CA 556, 562−564. Cited. 7 CA 684, 685, 689, 690−694, 696, 697, 699, 700. Cited. 15 CA 561, 563. Cited. 17
CA 405, 407. Requirements satisfied only by commencement of timely public hearing. 27 CA 412, 415, 417, 419, 420.
Cited. 29 CA 469, 479. Cited. 35 CA 599−601, 605. Cited. 43 CA 512.
Cited. 42 CS 57, 74.
Subsec. (a):
Cited. 206 C. 554, 561, 562, 566, 567. Cited. 209 C. 812. Cited. 211 C. 331, 335, 337, 338. Cited. 222 C. 911. Cited.
225 C. 432−434, 436−442, 444, 446. Cited. Id., 575, 581.
Cited. 3 CA 556, 562. Cited. 7 CA 684, 690, 691, 693, 695, 697−699. Cited. 14 CA 365−368, 370. Cited. 23 CA 256,
257. Cited. 27 CA 412, 418, 419. Cited. 33 CA 281, 282. Cited. 35 CA 317, 322. Cited. Id., 599−604. Cited. 43 CA 512.
Trial court properly determined that failure of planning and zoning commission to comply with statutory notice and
hearing requirements entitled individual plaintiffs to automatic approval of their application for special permit and site
plan approval; notice of commission hearing was invalid and because failure to give notice was a jurisdictional defect,
action of commission in denying plaintiffs' application was void. 52 CA 763.
Cited. 41 CS 196, 207.
Subsec. (b):
Cited. 192 C. 353, 356, 358, 359, 361, 363−365. Cited. 194 C. 152, 158. Cited. 209 C. 812. Cited. 211 C. 331, 332,
334−338. Cited. 222 C. 269, 275, 276. Cited. 224 C. 44, 47, 48. Cited. 225 C. 432, 438, 439, 441. Cited. Id., 575, 581, 583,
584, 586, 587. Cited. 226 C. 684, 692.
Cited. 2 CA 489, 491. Cited. 3 CA 556, 557, 560−565. Cited. 7 CA 684, 686, 691, 694−698. Cited. 21 CA 347, 350.
Cited. Id., 421−424. Cited. 27 CA 412, 418. Cited. 35 CA 317, 322, 323. Section not unconstitutional just because it does
not expressly provide for a right of appeal from automatic approval of site plan applications. Id., 599−606, 608, 609. Cited.
37 CA 348, 352.
Subsec. (c):
Cited. 192 C. 353, 365; Id., 367, 369, 370. Cited. 194 C. 187, 189. Cited. 206 C. 554, 556.
Cited. 3 CA 556, 560−563. Cited. 7 CA 684, 691.
Subsec. (e):
Cited. 222 C. 269, 274.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-7e. Notice to adjoining municipalities of applications or requests. The
zoning board of appeals of any municipality shall notify the clerk of any adjoining
municipality of the pendency of any application or request concerning any project on
any site in which: (1) Any portion of the property affected by a decision of such zoning
board of appeals is within five hundred feet of the boundary of the adjoining municipality; (2) a significant portion of the traffic to the completed project on the site will use
streets within the adjoining municipality to enter or exit the site; (3) a significant portion
of the sewer or water drainage from the project on the site will flow through and significantly impact the drainage or sewerage system within the adjoining municipality; or (4)
water runoff from the improved site will impact streets or other municipal or private
property within the adjoining municipality. Such notice shall be made by certified mail,
return receipt requested, and shall be mailed within seven days of the date of receipt of
the application or request. No hearing may be conducted on any application or request
unless the adjoining municipality has received the notice required under this section.
Such adjoining municipality may, through a representative, appear and be heard at any
hearing on any such application or request.
(P.A. 87-307, S. 2; P.A. 89-175, S. 4, 7.)
History: P.A. 89-175 changed mailing requirement for notice to adjoining municipality from registered mail to certified
mail, return receipt requested.
Cited. 219 C. 352, 361.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-8. Appeal from board to court. Review by Appellate Court. (a) As used
in this section:
(1) "Aggrieved person" means a person aggrieved by a decision of a board and
includes any officer, department, board or bureau of the municipality charged with
enforcement of any order, requirement or decision of the board. In the case of a decision
by a zoning commission, planning commission, combined planning and zoning commission or zoning board of appeals, "aggrieved person" includes any person owning land
that abuts or is within a radius of one hundred feet of any portion of the land involved
in the decision of the board.
(2) "Board" means a municipal zoning commission, planning commission, combined planning and zoning commission, zoning board of appeals or other board or commission the decision of which may be appealed pursuant to this section, or the chief
elected official of a municipality, or his designee, in a hearing held pursuant to section
22a-250, whose decision may be appealed.
(b) Except as provided in subsections (c), (d) and (q) of this section and sections
7-147 and 7-147i, any person aggrieved by any decision of a board may take an appeal
to the superior court for the judicial district in which the municipality is located. The
appeal shall be commenced by service of process in accordance with subsections (e)
and (f) of this section within fifteen days from the date that notice of the decision was
published as required by the general statutes. The appeal shall be returned to court in
the same manner and within the same period of time as prescribed for civil actions
brought to that court.
(c) In those situations where the approval of a planning commission must be inferred
because of the failure of the commission to act on an application, any aggrieved person
may appeal under this section. The appeal shall be taken within twenty days after the
expiration of the period prescribed in section 8-26d for action by the commission.
(d) Any person affected by an action of a planning commission taken under section
8-29 may appeal under this section. The appeal shall be taken within thirty days after
notice to him of the adoption of a survey, map or plan or the assessment of benefits or
damages.
(e) Service of legal process for an appeal under this section shall be directed to a
proper officer and shall be made by leaving a true and attested copy of the process with,
or at the usual place of abode of, the chairman or clerk of the board, and by leaving a
true and attested copy with the clerk of the municipality. Service on the chairman or clerk
of the board and on the clerk of the municipality shall be for the purpose of providing legal
notice of the appeal to the board and shall not thereby make the chairman or clerk of
the board or the clerk of the municipality a necessary party to the appeal.
(f) Service of process shall also be made on each person who petitioned the board
in the proceeding, provided his legal rights, duties or privileges were determined therein.
However, failure to make service within fifteen days on parties other than the board
shall not deprive the court of jurisdiction over the appeal. If service is not made within
fifteen days on a party in the proceeding before the board, the court, on motion of the
party or the appellant, shall make such orders of notice of the appeal as are reasonably
calculated to notify the party not yet served. If the failure to make service causes prejudice to the board or any party, the court, after hearing, may dismiss the appeal or may
make such other orders as are necessary to protect the party prejudiced.
(g) The appeal shall state the reasons on which it has been predicated and shall not
stay proceedings on the decision appealed from. However, the court to which the appeal
is returnable may grant a restraining order, on application, and after notice to the board
and cause shown.
(h) Within thirty days after the return date to court, or within any further time the
court allows, the board shall transmit the record to the court. The record shall include,
without limitation, (1) the original papers acted on by the board and appealed from, or
certified copies thereof, (2) a copy of the transcript of the stenographic or sound recording prepared in accordance with section 8-7a, and (3) the written decision of the
board including the reasons therefor and a statement of any conditions imposed. If the
board does not provide a transcript of the stenographic or the sound recording of a
meeting where the board deliberates or makes a decision on a petition, application or
request on which a public hearing was held, a certified, true and accurate transcript of
a stenographic or sound recording of the meeting prepared by or on behalf of the applicant
or any other party shall be admissible as part of the record. By stipulation of all parties
to the appeal, the record may be shortened. A party unreasonably refusing to stipulate
to limit the record may be taxed by the court for additional costs. The court may require
or permit subsequent corrections or additions to the record.
(i) Any defendant may, at any time after the return date of the appeal, make a motion
to dismiss the appeal. If the basis of the motion is a claim that the appellant lacks standing
to appeal, the appellant shall have the burden of proving his standing. The court may,
on the record, grant or deny the motion. The court's order on the motion may be appealed
in the manner provided in subsection (n) of this section.
(j) The court shall review the proceedings of the board and shall allow any party to
introduce evidence in addition to the contents of the record if (1) the record does not
contain a complete transcript of the entire proceedings before the board, including all
evidence presented to it, pursuant to section 8-7a, or (2) it appears to the court that
additional testimony is necessary for the equitable disposition of the appeal. The court
may take the evidence or may appoint a referee or committee to take such evidence as
it directs and report the same to the court, with his or its findings of facts and conclusions
of law. Any report of a referee or committee shall constitute a part of the proceedings
on which the determination of the court shall be made.
(k) The court, after a hearing thereon, may reverse or affirm, wholly or partly, or
may modify or revise the decision appealed from. If a particular board action is required
by law, the court, on sustaining the appeal, may render a judgment that modifies the
board decision or orders the particular board action. In an appeal from an action of a
planning commission taken under section 8-29, the court may also reassess any damages
or benefits awarded by the commission. Costs shall be allowed against the board if the
decision appealed from is reversed, affirmed in part, modified or revised.
(l) Appeals from decisions of the board shall be privileged cases and shall be heard
as soon as is practicable unless cause is shown to the contrary.
(m) No appeal taken under subsection (b) of this section shall be withdrawn and no
settlement between the parties to any such appeal shall be effective unless and until a
hearing has been held before the Superior Court and such court has approved such
proposed withdrawal or settlement.
(n) There shall be no right to further review except to the Appellate Court by certification for review, on the vote of two judges of the Appellate Court so to certify and
under such other rules as the judges of the Appellate Court establish. The procedure on
appeal to the Appellate Court shall, except as otherwise provided herein, be in accordance with the procedures provided by rule or law for the appeal of judgments rendered
by the Superior Court unless modified by rule of the judges of the Appellate Court.
(o) The right of a person to appeal a decision of a board to the Superior Court, and
the procedure prescribed in this section, shall be liberally interpreted in any case where
a strict adherence to these provisions would work surprise or injustice. The appeal shall
be considered to be a civil action and, except as otherwise required by this section or
the rules of the Superior Court, pleadings may be filed, amended or corrected, and parties
may be summoned, substituted or otherwise joined, as provided by the general statutes.
(p) If any appeal has failed to be heard on its merits because of insufficient service
or return of the legal process due to unavoidable accident or the default or neglect of
the officer to whom it was committed, or the appeal has been otherwise avoided for any
matter of form, the appellant shall be allowed an additional fifteen days from determination of that defect to properly take the appeal. The provisions of section 52-592 shall
not apply to appeals taken under this section.
(q) In any case in which a board fails to comply with a requirement of a general or
special law, ordinance or regulation governing the content, giving, mailing, publishing,
filing or recording of any notice either of a hearing or of an action taken by the board,
any appeal or action by an aggrieved person to set aside the decision or action taken by
the board on the grounds of such noncompliance shall be taken within two years of the
date of that decision or action.
(1949 Rev., S. 844; 1951, 1955, S. 379d; 1959, P.A. 460, S. 2; 1963, P.A. 45; February, 1965, P.A. 622, S. 3; 1967,
P.A. 348; 712; 1971, P.A. 870, S. 9; P.A. 74-183, S. 179, 291; P.A. 76-436, S. 158, 681; P.A. 77-470; P.A. 78-280, S. 1,
127; P.A. 81-165; June Sp. Sess. P.A. 83-29, S. 13, 82; P.A. 84-227, S. 1; P.A. 85-284, S. 3; P.A. 86-236, S. 2; P.A. 88-
79, S. 1, 4; P.A. 89-356, S. 1; P.A. 90-286, S. 1, 2, 9; P.A. 91-219; P.A. 92-249, S. 8; P.A. 99-238, S. 5, 8; P.A. 00-84, S.
3, 6; 00-108, S. 2.)
History: 1959 act deleted qualification in sentence re taking of evidence in addition to record "if said record does not
contain a stenographic report or a complete mechanical recording of the entire proceedings before said board including
all evidence presented to it"; 1963 act added to the same sentence "if the record does not contain a complete transcript of
the entire proceedings before said board, including all evidence presented to it, pursuant to section 8-7a"; 1965 act provided
fifteen days allowed for taking appeal run from date decision was published rather than from date it was rendered; 1967
acts allowed costs against board if decision "reversed, affirmed in part, modified or revised" rather than allowing costs
only when court decides board acted with gross negligence, in bad faith or with malice as previously and allowed appeals
by persons owning land adjacent to land involved in decision; 1971 act added provisions concerning appeals to supreme
court; P.A. 74-183 included judicial districts; P.A. 76-436 substituted superior court for court of common pleas, effective
July 1, 1978; P.A. 77-470 allowed appeals by persons whose land is within one-hundred-foot radius of land involved in
decision; P.A. 78-280 deleted reference to counties; P.A. 81-165 allowed for service of notice upon the clerk of the
municipality; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof;
P.A. 84-227 inserted Subsec. indicators, added Subsec. (d) re a hearing on a motion to dismiss made by the person who
applied for the board's decision where each appellant has the burden of proving his standing to bring the appeal, and added
Subsec. (h) prohibiting withdrawal or settlement without court approval; P.A. 85-284 provided for notice of appeals to be
given to the chairman or clerk of the board and the clerk of the municipality, rather than just one; P.A. 86-236 amended
Subsec. (c) to require the return of the transcript of the stenographic or sound recording; P.A. 88-79 amended Subsec. (b)
to add proviso that service of the notice of the appeal upon the clerk of the municipality is for the purpose of providing
additional notice of such appeal to the board and does not thereby make such clerk a necessary party to such appeal; P.A.
89-356 entirely reorganized existing provisions and added Subsec. (a) defining "aggrieved person" and "board", added
Subsec. (c) re the procedure for taking an appeal where the approval of the planning commission must be inferred, formerly
part of Sec. 8-28, added Subsec. (d) re the procedure for taking an appeal by a person affected by an action of a planning
commission under Sec. 8-29, formerly part of Sec. 8-30, added Subsec. (f) re service of process on parties other than the
board and the consequences and court remedies if such service is not made, added provisions in Subsec. (i) requiring the
record to include the board's findings of fact and conclusions of law, authorizing the record to be shortened by stipulation
and additional costs to be taxed against a party who unreasonably refuses to stipulate to limit the record and authorizing
the court to require or permit subsequent corrections or additions to the record, added provisions in Subsec. (l) authorizing
the court in sustaining an appeal to render a judgment that modifies the board decision or orders the particular board action
if a particular board action is required by law and authorizing the court in an appeal from an action of a planning commission
taken under Sec. 8-29 to reassess damages or benefits awarded by the commission, formerly part of Sec. 8-30, added
Subsec. (p) providing for a liberal interpretation of the right to appeal and the appeal procedure and providing that an
appeal shall be considered a civil action, and added Subsec. (q) allowing an appellant additional time to take the appeal if
the appeal has failed to be heard on its merits because of certain defects and providing that Sec. 52-592 shall not apply to
appeals taken under this section; P.A. 90-286 amended Subsec. (b) to replace "The appeal shall be taken" with "The appeal
shall be commenced by service of process in accordance with subsections (e) and (f) of this section" and to replace "The
appeal shall be commenced and returned to court in the same manner as prescribed for civil actions brought to that court"
with "The appeal shall be returned to court in the same manner and within the same period of time as prescribed for civil
actions brought to that court" and amended Subsec. (i) to replace requirement that the board transmit the record "within
thirty days after the appeal is served" with "within thirty days after the return date to court"; P.A. 91-219 amended Subsec.
(i) to require that the record include the written decision of the board rather than the board's findings of fact and conclusions
of law; P.A. 92-249 amended Subdiv. (2) of Subsec. (a) to include the chief elected official of a municipality in the definition
of "board" re hearings under Sec. 22a-250; P.A. 99-238 amended Subsec. (b) by adding reference to new Subsec. (r), and
added new Subsec. (r) re appeal of aggrieved person to set aside decision or action of board for noncompliance with
requirement of notice of content, giving, mailing, publishing, filing or recording of hearing or action taken by board within
two years of the date of such decision or action, effective July 1, 2000; P.A. 00-84 revised effective date of P.A. 99-238
to specify applicability of section as amended by that act to errors, irregularities and omissions occurring on or after January
1, 1999, effective July 1, 2000; P.A. 00-108 deleted former Subsec. (h) re surety bond, relettered the subsections accordingly
and amended new Subsec. (h) to add provision re transcripts of meetings.
See uncodified P.A. 88-79, S. 3 re validation and reopening of certain appeals which failed to name the clerk of the
municipality as a party to the appeal in the appeal citation.
Right of appeal under this section is from decision of zoning board of appeals under zoning laws contained in this
chapter and does not extend to decisions of such board under another statute. 116 C. 555. Power of court to modify or
revise does not include power to substitute its own discretion for that of board; must find that board acted illegally or
abused discretion. 120 C. 455. Cited. 123 C. 263. Appeal from zoning board is not an action within meaning of section
54-131 which permits a new action when writ abated. 126 C. 603. Under same language in New Haven charter right of
appeal held not to be contingent upon restraining order; no vested right acquired by applicant by virtue of fact no such
order was obtained when opponent appealed. 127 C. 309. Recognizance without surety is insufficient; failure to file bond
sound ground for abatement of appeal. 131 C. 657. No appeal from zoning commission under former statutes. 133 C. 248.
Cited. 135 C. 305. Reasons for decision and transcript of evidence both constitute "proceedings" before board. 136 C. 1.
Finding should contain only facts which court finds on basis of evidence taken by it. 136 C. 452. Cited. 138 C. 500. Plaintiff
held an aggrieved person. 139 C. 463. Competitors are not aggrieved persons but owners of residential property in vicinity
are. 139 C. 577. "Any person aggrieved" includes any landowner or resident within city whose situation is such that decision
may adversely affect him in use or occupancy of his property. 140 C. 65. Prayer for relief to effect that decision of board
of zoning appeals be modified or reversed is not necessary. 142 C. 277. Cited. 142 C. 415; 142 C. 659; 143 C. 280; 144
C. 61. If sole basis of plaintiff's grievance was that new business would create competition, he would not be an aggrieved
person. Any taxpayer of a town who feels aggrieved at granting of license for sale of liquors therein has right of appeal.
144 C. 160. On an appeal from zoning board of appeals, record made before board should be annexed to, and incorporated
by reference in, answer of board. Where there is an incompleteness in summary of evidence, court must take evidence to
determine what facts and considerations were presumptively in minds of members of board when they acted. 144 C. 332.
Cited. 144 C. 425, 493. Admissibility of evidence outside of record. 144 C. 560. Wide and liberal discretion in board. Id.
Finding that plaintiff is not an aggrieved person divests court of jurisdiction. 145 C. 136. Admissibility of evidence not
on record and of evidence not presented at hearing. 145 C. 218. Change in comprehensive plan, though not change in zone
itself, may adversely affect parties outside immediate vicinity. 145 C. 237. Cited. 145 C. 325, 416, 435. Considerations
authorizing variance are not identical with those justifying an outright change of zone. 145 C. 468. Zoning commission
cannot appeal unless ruling or order of its own is in issue. 145 C. 655. To be an aggrieved person, where traffic in intoxicating
liquor is not involved, one must be found to have been specially and injuriously affected in his property or other legal
rights. Id., 149 C. 284. On appeal, court cannot conduct a trial de novo and substitute its findings and conclusions for
decision of board. 146 C. 27. Denial of motion to present evidence in addition to record held indicative that additional
testimony was not necessary for equitable disposition of appeal. 146 C. 547. When building met zoning requirements,
building inspector exceeded his authority in imposing additional conditions for certificate of occupancy. 146 C. 570. Scope
of authority of committee appointed to take evidence. 146 C. 588. Action of board held an abuse of discretion since facts
did not warrant granting of variance. 146 C. 595. Aggrievement from which one may appeal does not arise until board has
acted. 146 C. 665. Former statute: On appeal admission of testimony not presented to commission is within discretion of
court. 147 C. 65. Evidence of former applications admissible only when subsequent application seeks substantially same
relief. Id. Limits of court's power in reviewing refusal of board to grant variance. 147 C. 469. Cited. 148 C. 33, 299.
Plaintiff's property bordered defendant's land which had received a zoning variance; plaintiff held to be an aggrieved
person. 148 C. 492. Inferentially requires stenographic transcript or mechanical recording to be filed with court with return
of board's proceedings. 148 C. 599. Inadequate summary required trial court to hear evidence. Id., 600. Evidence to prove
plaintiff aggrieved admissible. Id., 602. One cannot qualify as aggrieved person solely because zone change may permit
operation of business in competition with him. 149 C. 284. Motion for permission to offer additional evidence on appeal
called for decision, in exercise of court's discretion, as to whether additional evidence was necessary for equitable disposition of appeal. 149 C. 413; 150 C. 285. Where court does not hear evidence, but decides appeal on record returned by
zoning commission, no finding should be made. 149 C. 414. Cited. 149 C. 681. Plaintiffs were aggrieved persons within
meaning of statute if board's decision affected them directly or in relation to a specific, personal interest, as distinguished
from a general interest, in the subject matter. 149 C. 698. Although plaintiff could not, in its appeal from denial of permit,
attack constitutionality of regulations under which it sought permit, it could attack their constitutionality in an independent
proceeding. 149 C. 712. Under New Haven charter, person aggrieved by decision of zoning enforcement officer may appeal
to board of zoning appeals which shall hear and determine reasonableness of decision. In such case, function of court on
appeal from board of appeals is to decide whether board correctly interpreted ordinance and applied it with reasonable
discretion to facts. 150 C. 113. Plaintiff has burden of proving that it is aggrieved. This burden requires that it establish
that it was specially and injuriously affected in its property rights or other legal rights. It is not sufficient to show that action
complained of would permit the operation of business in competition with its business. 150 C. 285. History discussed;
reversal of decision at 23 CS 6; failure of board of appeals to comply with mandate of section 8-7a renders action voidable
at option of an aggrieved person. 150 C. 411. Party claiming aggrievement must show he is specifically and injuriously
affected, mere generalities and fears are not enough. 150 C. 696. Right of appeal begins to run from effective date of
decision which is controlled by section 8-7. 151 C. 378. Cited. 151 C. 510; 646. Time for taking appeal from zoning board
controlled by section 8-7 rather than section 8-8. 151 C. 646. Although applicant has burden of proving board acted in
abuse of its discretion, board must show justification on record for denial of variance. 152 C. 247. Building inspector is
authorized to take appeal from board's action in granting variance since he is "charged with the enforcement" of the
decision of the board. 152 C. 311. Cited. 152 C. 660, 661. To be an "aggrieved" person, in a case in which traffic in
intoxicating liquor is not involved, one has to be specially and injuriously affected in his property or other legal rights.
153 C. 37. Plaintiff, as a taxpayer, is an aggrieved person in a case in which traffic in liquor is involved without having to
show that he has an interest peculiar to himself. 153 C. 117. Where transcript of board hearing was incomplete and plaintiff
raised constitutional issue of confiscation, he should have been permitted to introduce additional evidence. 153 C. 343,
344. Cited. 153 C. 433, 437. In order to qualify as aggrieved persons under this section the plaintiffs must show that the
value of their property would be lessened or that their legal rights would be injuriously affected. 154 C. 46, 47. Right to
produce evidence under this section may be waived by stipulation of a party. 154 C. 393. Plaintiffs did not qualify as
aggrieved persons to appeal granting of variance where only claim to aggrievement was that their property adjoined that
for which variance was granted. 155 C. 241, 242. In light of record and express allegations of impropriety and illegality
additional testimony of what occurred at executive session of board was necessary and permitted. Id., 245. Where plaintiff
appealed claiming amendments were an unconstitutional denial of due process since they were confiscatory and would
put him out of business, trial court should have permitted introduction of additional evidence limited to question of constitutionality of ordinance, complete transcript of hearings before commission being insufficient evidence in the case. Id., 265.
Cited. 155 C. 365. Order of reference for a finding of facts on the issue of aggrievement and to take additional evidence
to complete the record is not final judgment from which appeal lies under section 52-263. Id., 617. While plaintiffs were
not "aggrieved persons" appeal was considered because of unusual circumstances of trial below. 157 C. 520. When construction of new building under zoning variance sought would affect use of plaintiff's parking facilities, plaintiff is an aggrieved
person entitled to appeal from zoning board's decision. 158 C. 187. New evidence may be introduced only on a direct
appeal from action of board, not in action to enjoin successful applicants for a zoning variance. 158 C. 202. Limit of time
for appeal prevented retroactive application of procedural amendment giving abutting landowners statutory right to appeal.
158 C. 331. Appeals must be taken under this section and section 8-9 rather than any city charter sections. Aggrievement
means plaintiffs were specially and injuriously affected in their property or other legal rights by board's decision. 159 C.
1. Trial court may not substitute its judgment for that of town council in granting a change of zone for special development
district. 159 C. 212. When zoning authority gives reasons for action it takes, question for court to determine on appeal is
whether reasons assigned are reasonably supported by the record and pertinent to considerations which must be applied
under applicable zoning regulations. 159 C. 534, 540. Abutting landowners have a standing to appeal a zoning commission's
decision. 160 C. 239. Cited 161 C. 32. Cited. 162 C. 45, 74, 238. Cited. 163 C. 379, 615. Abutting landowner who
successfully opposed application is not entitled to notice of appeal. 164 C. 187. Record of board proceeding, including
exhibits, may be reconstructed by evidence in court. 164 C. 215. Cited. 165 C. 185. Cited. 166 C. 102, 104−106. Cited.
166 C. 112. A resident taxpayer of a town is an "aggrieved person" with standing to appeal decision of town's zoning
board to extend a nonconforming liquor store use. 167 C. 596. There is no aggrievement which is prerequisite to right of
appeal when a "floating zone" is designated without attachment to particular property or area in the town. 168 C. 285.
Cited. 171 C. 480, 484−486. Cited. 172 C. 286. Cited. 173 C. 408−412. Cited. 174 C. 493, 495, 496, 498, 499; 176 C. 475,
476. Cited. 177 C. 440, 444; 178 C. 364−366. Cited. 179 C. 250, 253; id., 650, 653; 180 C. 296, 297. Cited. 181 C. 230,
232; Id., 556, 558. Cited. 185 C. 135. Cited. 186 C 32, 37; Id., 106, 113, 116, 117. Provisions of this statute which are
inconsistent with provisions of Sec. 51-197d (11) are repealed by implication. 188 C. 555−557. Cited. 190 C. 746−748.
Cited. 195 C. 276−280, 283. Cited. 196 C. 623, 636. Life tenant has sufficient ownership to be entitled to recognition as
a "person owning land" with right of appeal. 203 C. 317, 319−323. Cited. 205 C. 413, 419. Cited. Id., 703, 705. Cited. 208
C. 146; Id., 476, 477, 479; Id., 480, 484, 485, 487, 488. Cited. 209 C. 652, 655, 669. Cited. 211 C. 78, 81; Id., 85, 92, 93;
Id., 416, 422. Cited. 212 C. 375, 378. Cited. 213 C. 604, 609. Cited. 214 C. 400, 405. Cited. 217 C. 588, 593, 607. Cited.
219 C. 511, 514−516. Cited. 220 C. 584, 585. Cited. 221 C. 374, 379, 383, 384. Cited. 222 C. 262, 264; Id., 380, 383, 394.
Upon judicial appeal from zoning board of appeals pursuant to this section, trial court must focus on the decision of the
board because it is the subject of the appeal. Judgment of appellate court in Caserta v. Zoning Board of Appeals, 28 CA
256, affirmed in part and modified in part. 226 C. 80, 90, 91. Cited. Id., 230, 232; Id., 314, 318, 340, 343. Cited. 228 C.
476, 477. Cited. 229 C. 178, 188. Cited. 232 C. 122, 126. Cited. Id., 270. Cited. 237 C. 184, 186, 194, 198, 201, 202.
Where applicant denied for hardship plaintiff not required to submit alternative plans before submitting claim for inverse
condemnation. 247 C. 196.
Cited (as June Sp. Sess. P.A. 83-29, S. 13). 1 CA 285, 286. Cited. 2 CA 384−387. Cited. Id., 506, 509. Cited. Id., 595−
597. Cited. 3 CA 172, 173. Cited. Id., 496. A coholder of a life interest in property is a "person owning land" entitled to
appeal under this statute. Id., 550, 552, 554, 555. Cited. Id., 576, 577, 578. Cited. 4 CA 205, 206. Cited. Id., 271, 273.
Cited. Id., 500, 502. Cited. 5 CA 455, 456. Cited. Id., 520, 523. Cited. 6 CA 110−112. Cited. Id., 317, 319, 320. Cited. Id.,
715, 718. Cited. 9 CA 538, 540. Cited. 13 CA 699, 702. Cited. 15 CA 729, 730. Cited. 16 CA 281, 283; Id., 604, 610;
judgment reversed, see 212 C. 628 et seq. Cited. 17 CA 150, 153. Cited. 18 CA 69, 71; Id., 85, 91; Id.,159, 161; Id., 195;
Id., 488, 494, 495; Id., 549, 550; Id., 722, 724. Public act 88-79 cited. Id., 722, 727−729. Cited. 20 CA 302, 305; Id., 474,
483, 485; Id., 561, 562. Cited. 21 CA 340−342. Cited. 22 CA 407, 408; Id., 606, 608. Cited. 23 CA 75, 80; Id., 232, 239;
Id., 256, 257; Id., 258, 262. Cited. 24 CA 172, 174. Cited. 25 CA 199. Cited. 27 CA 297, 299; Id., 590, 592. Cited. 28 CA
344, 352. Cited. 29 CA 402, 404. Cited. 32 CA 799, 810. Cited. 34 CA 685, 687. Cited. 35 CA 204, 208. Cited. Id., 317.
Cited. 43 CA 545. Cited. Id., 563.
Wide discretion in board. 1 CS 89. Compared with number 305 of the special acts of 1931. 10 CS 194. Superior court
has jurisdiction to hear appeals from board. 11 CS 489. Mode of service on board discussed. Notice to chairman sufficient
compliance; time for appeal excludes day of act. 17 CS 116. Officer of corporation which would be affected by variance
is not "person aggrieved." 15 CS 362. Building inspector is. 19 CS 349. Resident landowner of town not living in borough
is "aggrieved person" in action by borough zoning board. 19 CS 446. In an appeal from granting of variance for sale of
liquor, a "person aggrieved" held to include any landowner, resident or taxpayer of municipality affected. 21 CS 102.
History discussed; where, due to mechanical failure of the recording machine no transcript is available, court may not
remand case for rehearing, but it may permit introduction of additional evidence to determine what considerations were
presumptively in minds of board members. 23 CS 6. Reversed, 150 C. 411, supra. Cited. 25 CS 276. This section and
sections 8-3 and 8-9 are not so linked that the date of publication of the notice must be considered as the date the decision
was rendered. 26 CS 88. Part owner of property is not precluded, merely because her co-owners have not joined with her,
from showing that she, as an aggrieved person, has the right to appeal to the court. 26 CS 170. Circumstances under which
board's decisions should be overruled discussed. 26 CS 256. Equitable relief outside the framework of appeal procedure
set up by statute might be granted in the presence of allegations of fraudulent connivance or collusion on the part of local
zoning board of appeals. 26 CS 334, 335. Plaintiffs have been granted equitable relief when the zoning authority lacked
the jurisdiction to take the action which the plaintiff was challenging. Id. Equitable relief by way of an injunction will not
be granted if the court finds that the legal remedy afforded by the statute has not been exhausted. Id. Chairman of town
planning and zoning commission is aggrieved person within this section and may appeal variance granted defendant by
zoning board of appeals of town. 28 CS 278. Cited. 29 CS 5. Cited. 30 CS 157, 160. Cited. 31 CS 197. Cited. 32 CS 104,
108, 115. Cited. 32 CS 223. Cited. 32 CS 625. Cited. 33 CS 175. Cited. 33 CS 607. Cited 35 CS 246, 247−257. Portion of
this section in conflict with amendment to Sec. 51-197d is repealed by implication. 38 CS 356−358. Cited. Id., 492−495.
Cited. 39 CS 426; Id., 523, 525−527. Cited. 41 CS 218; Id., 398, 401. Cited. 42 CS 256, 258. Cited. 43 CS 373, 374.
Subsec. (a):
Cited. 203 C. 317, 318. Cited. 205 C. 413, 414. Failure to allege publication provisions is not a jurisdictional defect
requiring dismissal of appeal. 211 C. 78, 80; Id., 416, 419, 426; Id., 662−666, 669, 670. Cited. 212 C. 628, 630. Cited. 214
C. 407, 426. Cited. 218 C. 65, 80. Subdiv. (1) cited. Id. Cited. Id., 265, 266; Id., 438, 440. Cited. 219 C. 511, 514. Subdiv.
(1) cited. 225 C. 1, 3, 5, 6. Cited. Id., 1, 5, 7, 8. Cited. 230 C. 140, 147. Subdiv. (1) cited. 233 C. 198, 201. Cited. 237 C.
184, 188−191, 193−195, 197, 201.
Cited. 4 CA 633, 635, 637, 638. Cited. 6 CA 110. Statutory aggrievement and classical aggrievement discussed. 7 CA
632, 635−638. Cited. 17 CA 150, 151. Cited. 18 CA 99, 100; Id., 195, 197, 198; Id., 488, 494−496. Cited. 19 CA 357, 359,
360. Subdiv. (1) cited. 27 CA 297, 301, 302. Subdiv. (1) cited. 30 CA 511, 512, 514, 515; 31 CA 643, 645. Subdiv. (2)
cited. 35 CA 317, 320. Subdiv. (1) cited. 43 CA 563; 45 CA 653. Since zoning is meant to protect the public at large,
without some particular harm, such as the maintenance of a nuisance affecting the land of a plaintiff or a statute allowing
the maintenance of plaintiff's lawsuit, the plaintiff can have no standing. 49 CA 669.
Subdiv. (1) cited. 41 CS 593, 594. Subdiv. (1) cited. 42 CS 256, 279.
Subsec. (b):
Failure to name statutorily mandated necessary party in citation is a jurisdictional defect. 205 C. 413, 414, 416−419.
Mandates that clerk of municipality be properly cited and served as a necessary party. 206 C. 374, 376−380, 382, 383.
Cited. 207 C. 67, 70. Cited. 208 C. 146, 151; Id., 476, 477, 479; Id., 480, 485, 489. Cited. 211 C. 416, 421, 422. Clerk of
fire district is a clerk of municipality required to be served. 212 C. 375, 377−380. Cited. Id., 471, 477; Id., 628, 634, 635.
Cited. 218 C. 438, 440. Subdiv. (1) cited. 220 C. 455, 458. Cited. 221 C. 374, 383. Cited. 222 C. 374, 376. Cited. 224 C.
823, 824. Cited. 225 C. 1, 2; Id., 691, 692; Id., 731, 738. Cited. 227 C. 71, 78. Cited. 228 C. 476, 478; Id., 785, 787. Cited.
232 C. 419, 428, 430. Cited. 235 C. 448, 452. Cited. 237 C. 184, 202.
Cited. 13 CA 165. Cited. 17 CA 150, 152. Cited. 18 CA 99, 101, 102; Id., 195, 199−203; Id., 488, 494; Id., 549, 550.
Cited. 24 CA 172−175. P.A. 88-79 cited. Id. Cited. 25 CA 199, 200, 203. Cited. 27 CA 297, 299. Cited. 29 CA 28, 33; Id.,
402, 404. Cited. 31 CA 643, 645. Cited. 35 CA 317, 320, 321; Id., 646, 648; judgment reversed, see 235 C. 448 et seq.
Cited. 43 CA 563. Cited. 45 CA 89. Cited. Id., 653. Trial court improperly held that special permit was not supported by
substantial evidence in the record, substituted its interpretation of town's regulations and its judgment for those of the
commission. 53 CA 636.
Cited. 43 CS 373, 376.
Subsec. (c):
Cited. 212 C. 471, 472, 476. Cited. 219 C. 511, 515, 516. Cited. 236 C. 681, 690.
Cited. 35 CA 599, 608. Cited. 37 CA 105, 123.
Cited. 43 CS 373, 376.
Subsec. (d):
Cited. 205 C. 413, 416. Cited. 211 C. 78, 81; Id., 416, 422. Cited. 212 C. 628, 631, 636−638.
Cited. 16 CA 281, 283, 284; Id., 604, 612, 613, 618; judgment reversed, see 212 C. 628 et seq.
Cited. 43 CS 373, 376.
Subsec. (e):
Cited. 211 C. 662, 665. Cited. 219 C. 511, 515. Cited. 234 C. 498, 500.
Cited. 16 CA 604, 607; judgment reversed, see 212 C. 628 et seq. Cited. 20 CA 474, 484; Id., 561, 566. Cited. 23 CA
75, 80. Cited. 24 CA 172, 175. Cited. 45 CA 653.
Cited. 43 CS 373, 376.
Subsec. (f):
Cited. 215 C. 58, 61.
Cited. 5 CA 520, 524. Cited. 20 CA 474, 484. Cited. 43 CA 606. Cited. 45 CA 653.
Subsec. (g):
Cited. 206 C. 374, 375. Cited. 239 C. 515.
Cited. 3 CA 556, 557. Cited. 8 CA 556, 558, 565. Cited. 21 CA 421, 424. Cited. 32 CA 799, 810.
Subsec. (j):
Cited. 226 C. 757, 763. Cited. 237 C. 184, 185, 188, 192, 193.
Cited. 35 CA 599, 601.
Subsec. (k):
Cited. 218 C. 438, 440. Cited. 233 C. 198, 205.
Cited. 25 CA 137, 140. Cited. 35 CA 599, 605. Cited. 40 CA 840, 851. Cited. 43 CA 105. Subdiv. (2) cited. Id. Cited.
Id., 512. Cited. Id., 563.
Cited. 43 CS 373, 377.
Subsec. (n):
Purpose of hearing is to protect public interest and neither a pretrial conference nor a court hearing to enforce a settlement
met the statutory requirement. 247 C. 732.
Cited. 25 CA 199, 203−205.
Subsec. (o):
Cited. 220 C. 61, 65; Id., 584, 586. Cited. 222 C. 374, 376. Cited. 224 C. 823, 824. Cited. 225 C. 1, 2; Id., 691, 692;
Id., 731, 738. Cited. 226 C. 230, 232; Id., 314, 340; Id., 757, 763. Cited. 228 C. 498, 502. Cited. 232 C. 122, 129, 130; Id.,
270. Requirement of certification by Appellate Court held applicable to affordable housing land use appeals. 245 C. 257.
Cited. 25 CA 572, 573. Cited. 35 CA 204, 205; Id., 646, 647; judgment reversed, see 235 C. 448 et seq.
Subsec. (p):
Cited. 220 C. 929. Cited. 221 C. 374, 384. Cited. 222 C. 541, 544, 545.
Cited. 45 CA 653.
Subsec. (q):
Cited. 45 CA 653.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-9. Appeals from zoning commissions and planning and zoning commissions. Review by Appellate Court. Appeals from zoning commissions and planning
and zoning commissions may be taken to the Superior Court and, upon certification for
review, to the Appellate Court in the manner provided in section 8-8.
(1949 Rev., S. 845; 1953, S. 381d; February, 1965, P.A. 622, S. 4; 1971, P.A. 870, S. 13; P.A. 74-183, S. 180, 291;
P.A. 76-436, S. 159, 681; June Sp. Sess. P.A. 83-29, S. 19, 82.)
History: 1965 act included planning and zoning commissions; 1971 act added language allowing appeal to supreme
court; P.A. 74-183 made no change; P.A. 76-436 substituted superior court for court of common pleas, effective July 1,
1978; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof.
Cited. 136 C. 90; 143 C. 280; 145 C. 218, 237, 416, 435; 146 C. 665; 148 C. 33. Standard used by court in reviewing
action of zoning commission. 148 C. 172. Cited. 149 C. 681; 151 C. 484; 155 C. 365; 157 C. 522. Determination that
keeping of chickens and goats was not an "accessory use" to residential property was within discretion of local zoning
board and, where board did not act illegally or in abuse of its discretion, will not be reversed on appeal. 158 C. 509. This
section and section 8-8 govern appeals from final zoning authority of municipality. 159 C. 1. Amendment of sec. 8-8 is
operative as to this adopting statute and does not remain unmodified in relation to this statute. 160 C. 239; 249. Cited. 162
C. 74. Cited. 165 C. 185. Cited. 168 C. 285. Cited. 173 C. 408, 409. Cited. 174 C. 493, 495, 496, 498, 499. Cited. 179 C.
250, 253. Cited. 186 C. 106, 109, 115−117. Cited. 211 C. 85, 92, 93. Cited. 214 C. 400, 404. Cited. 221 C. 374, 375, 380,
382−384. Cited. 225 C. 731, 737. Cited. 226 C. 80, 84. Cited. Id., 230, 232. Cited. 232 C. 122, 126, 127, 129, 130. Cited.
Id., 419, 428, 430.
Cited. 2 CA 506, 509. Cited. Id., 595−597. Cited. 3 CA 172, 173. Cited. Id., 576−578. Cited. 4 CA 271, 273. Cited. 5
CA 520, 524. Cited. 6 CA 317. Cited. 43 CA 606.
Cited. 17 CS 116; 19 CS 29. This section and sections 8-3 and 8-8 are not so linked that date of publication of notice
must be considered as date decision was rendered. 26 CS 88. Plaintiffs' claim that logic dictates that legislature did not
intend that there should be an inconsistent procedure relative to appeal from decisions of zoning boards of appeal and
zoning boards and that therefore running of appeal period in case of zoning regulation should be contingent on statutory
publication is without merit. Id., 90. Equitable relief outside the framework of appeal procedure set up by statute might
be granted in the presence of allegations of fraudulent connivance or collusion on the part of local zoning board of appeals.
26 CS 334, 335. Plaintiffs have been granted equitable relief when the zoning authority lacked the jurisdiction to take the
action which the plaintiff was challenging. Id. Equitable relief by way of an injunction will not be granted if the court finds
that the legal remedy afforded by the statute has not been exhausted. Id. Cited. 38 CS 492−494.
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Sec. 8-10. Appeals procedure to apply to all municipalities. The provisions of
sections 8-8 and 8-9 shall apply to appeals from zoning boards of appeals, zoning commissions or other final zoning authority of any municipality whether or not such municipality has adopted the provisions of this chapter and whether or not the charter of such
municipality or the special act establishing zoning in such municipality contains a provision giving a right of appeal from zoning boards of appeals or zoning commissions and
any provision of any special act, inconsistent with the provisions of said sections, is
repealed.
(1953, S. 380d; November, 1955, S. N11.)
Legislative intent was to create right of appeal from every zoning commission in state. 143 C. 280. If sole basis of
plaintiff's grievance was that new business would create competition, he would not be an aggrieved person. Any taxpayer
of a town who feels aggrieved at granting of a license for sale of liquors therein has right of appeal. 144 C. 160. Appeal
from zoning commission in New Haven county heard in court of common pleas in judicial district of Waterbury. 144 C.
600. Finding that plaintiff is not aggrieved person divests court of jurisdiction. 145 C. 136. Cited. 145 C. 237, 416, 435;
146 C. 588, 665; 148 C. 33, 299; 149 C. 681; 151 C. 635; 155 C. 365. Appeals from final zoning authority in Stamford
are governed by sections 8-8 and 8-9 rather than any provisions of city's charter. 159 C. 1. Legislative intent is to make
sections 8-8 and 8-9 applicable to every municipality in state. 160 C. 239; 249. Cited. 165 C. 185. Includes right of appeal
from Norwich city council acting as a zoning commission pursuant to a city charter granted under a special act. 167 C.
579. Section does not intend to prohibit local arrangements by which commission decision may be appealed to a board of
appeals, discusses appeals routes of zoning cases. 186 C. 106, 109, 116, 117. Cited. 214 C. 400, 403−407. Cited. 221 C.
374, 380, 383. Cited. 226 C. 230, 232.
Cited. 2 CA 595−597. Cited. 19 CA 357, 359. Cited. 27 CA 412, 416.
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Sec. 8-11. Disqualification of members of zoning authorities. No member of
any zoning commission or board and no member of any zoning board of appeals or of
any municipal agency exercising the powers of any zoning commission or board of
appeals, whether existing under the general statutes or under any special act, shall appear
for or represent any person, firm, corporation or other entity in any matter pending before
the planning or zoning commission or board or said board of appeals or any agency
exercising the powers of any such commission or board in the same municipality,
whether or not he is a member of the board or commission hearing such matter. No
member of any zoning commission or board and no member of any zoning board of
appeals shall participate in the hearing or decision of the board or commission of which
he is a member upon any matter in which he is directly or indirectly interested in a
personal or financial sense. In the event of such disqualification, such fact shall be
entered on the records of the commission or board and, unless otherwise provided by
special act, any municipality may provide by ordinance that an elector may be chosen,
in a manner specified in the ordinance, to act as a member of such commission or board
in the hearing and determination of such matter, except that replacement shall first be
made from alternate members pursuant to the provisions of sections 8-1b and 8-5a.
(1951, S. 382d; 1959, P.A. 146, S. 3; 1971, P.A. 763, S. 6; P.A. 74-192.)
History: 1959 act required that when member or alternate is disqualified, replacement must first be made from alternates;
1971 act deleted provision concerning replacement of disqualified member by elector and added reference to Sec. 8-1b;
P.A. 74-192 restored provision concerning selection of elector as replacement if authorized by ordinance.
See Sec. 8-21 re disqualification of planning commission members.
Cited. 144 C. 493; 146 C. 531; 148 C. 603. Evidence of statement of member of board before planning and zoning
commission on same matter admissible for development of disqualification. 148 C. 604. Cited. 150 C. 147. Where zoning
commission voted to amend regulations to make proposed use a permitted use in zone, and one of commission members
who voted had a financial interest in proposed change, held participation by interested member in action rendered attempted
amendment invalid. 150 C. 495. Previous showing by commission member of open opposition to plaintiff, coupled with
other acts of interest, sufficient to disqualify him. 151 C. 476. Failure of commissioner to disqualify himself renders
commission's action invalid. Id. Zoning commission's upgrading of residential zone invalid where chairman of commission
who was owner of eight per cent of the land in area upgraded refused to disqualify himself and participated in decision of
commission. 155 C. 497. The decision as to whether a particular interest is sufficient to disqualify a member is a factual
one depending on the circumstances of the particular case. 157 C. 285. That chairman of zoning commission was chairman
of town mental health fund and son of a member of the zoning appeals board had received psychiatric treatment at defendant
institution did not disqualify either from reviewing application of defendant educational institution for emotionally maladjusted children. 158 C. 158. Where two members of commission had, prior to becoming members, signed petitions opposing
applicant's request for zoning change but applicant's lawyer refused to challenge their qualifications at hearings, saying
he would raise question on appeal if his client had unfavorable decision, decision was confirmed. 158 C. 497. Member of
zoning commission did not have such personal or financial interest, either directly or indirectly, as would disqualify him
under this section. 159 C. 585, 592-595. Permissible for municipal official who, by virtue of his office is an ex-officio
member of board, to appear before zoning commission on matter as long as he represents municipality and not applicant.
160 C. 295. Member of the Granby Conservation Commission not unqualified to serve as zoning and planning commissioner
for personal or financial interests conflict. 161 C. 182. Cited. 165 C. 185. The intent of this section is that a disinterested
member or alternate attend a hearing and participate in the decision. 166 C. 207, 221. Where zoning authority's action is
held to be illegal, arbitrary or abuse of discretion, reviewing court cannot substitute own judgment of what authority's
action should be unless as matter of law only one conclusion could reasonably be reached by the authority. 178 C. 198,
201−205. Cited. 196 C. 192, 202. Cited. 199 C. 231, 241. Cited. 209 C. 544, 557.
Cited. 2 CA 551, 555, 556, 560, 564. Cited. 26 CA 943. Cited. 43 CA 512.
Where board member had no personal or financial interest in application before board and plaintiff's attorney made
no formal request at the hearing that he disqualify himself, facts do not justify his disqualification under this section. 26
CS 254. Where one of petitioners for zone change was personal accountant and professional advisor of commission member,
latter should have disqualified himself. 26 CS 502. Court must expect commissioner's testimony that actions claimed by
plaintiff did not, in their cumulative effect, constitute direct or indirect undue influence on commission members. 28 CS
426, 447. Statements and conduct of chairman of zoning commission at board's hearing, coupled with prior activities on
his part, were such that he could be said to "represent" within meaning of this section opponents of plaintiff's application.
M's appearance for board was violation of this section, and board's denial of variance sought by the plaintiff was thereby
rendered illegal and invalid. 29 CS 32, 36−40, 41. Cited. 41 CS 196−200. Cited. 43 CS 373, 380−382.
(Return to TOC) (Return to Chapters) (Return to Titles)
Sec. 8-11a. Disqualification of board member as enforcement officer. No person may serve as zoning enforcement officer in any municipality wherein he is a member
of the zoning board of appeals.
(1963, P.A. 628.)
Cited. 186 C. 106, 112. Cited. 221 C. 374, 378.
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Sec. 8-12. Procedure when regulations are violated. If any building or structure
has been erected, constructed, altered, converted or maintained, or any building, structure or land has been used, in violation of any provision of this chapter or of any bylaw,
ordinance, rule or regulation made under authority conferred hereby, any official having
jurisdiction, in addition to other remedies, may institute an action or proceeding to
prevent such unlawful erection, construction, alteration, conversion, maintenance or
use or to restrain, correct or abate such violation or to prevent the occupancy of such
building, structure or land or to prevent any illegal act, conduct, business or use in or
about such premises. Such regulations shall be enforced by the officer or official board
or authority designated therein, who shall be authorized to cause any building, structure,
place or premises to be inspected and examined and to order in writing the remedying
of any condition found to exist therein or thereon in violation of any provision of the
regulations made under authority of the provisions of this chapter or, when the violation
involves grading of land, the removal of earth or soil erosion and sediment control, to
issue, in writing, a cease and desist order to be effective immediately. The owner or
agent of any building or premises where a violation of any provision of such regulations
has been committed or exists, or the lessee or tenant of an entire building or entire
premises where such violation has been committed or exists, or the owner, agent, lessee
or tenant of any part of the building or premises in which such violation has been committed or exists, or the agent, architect, builder, contractor or any other person who commits,
takes part or assists in any such violation or who maintains any building or premises in
which any such violation exists, shall be fined not less than ten nor more than one
hundred dollars for each day that such violation continues; but, if the offense is wilful,
the person convicted thereof shall be fined not less than one hundred dollars nor more
than two hundred and fifty dollars for each day that such violation continues, or imprisoned not more than ten days for each day such violation continues or both; and the
Superior Court shall have jurisdiction of all such offenses, subject to appeal as in other
cases. Any person who, having been served with an order to discontinue any such violation, fails to comply with such order within ten days after such service, or having been
served with a cease and desist order with respect to a violation involving grading of
land, removal of earth or soil erosion and sediment control, fails to comply with such
order immediately, or continues to violate any provision of the regulations made under
authority of the provisions of this chapter specified in such order shall be subject to a
civil penalty not to exceed two thousand five hundred dollars, payable to the treasurer
of the municipality. In any criminal prosecution under this section, the defendant may
plead in abatement that such criminal prosecution is based on a zoning ordinance or
regulation which is the subject of a civil action wherein one of the issues is the interpretation of such ordinance or regulations, and that the issues in the civil action are such that
the prosecution would fail if the civil action results in an interpretation different from
that claimed by the state in the criminal prosecution. If the court renders judgment for
such municipality and finds that the violation was wilful, the court shall allow such
municipality its costs, together with reasonable attorney's fees to be taxed by the court.
The court before which such prosecution is pending may order such prosecution abated
if it finds that the allegations of the plea are true.
(1949 Rev., S. 846; 1959, P.A. 28, S. 46; February, 1965, P.A. 109, S. 1; P.A. 73-434; P.A. 74-183, S. 181, 291; P.A.
76-436, S. 160, 681; P.A. 77-509, S. 7; P.A. 79-348; P.A. 87-244; 87-347.)
History: 1959 act changed jurisdiction of violations from local police court to circuit court; 1965 act added provisions
concerning civil and criminal actions involving violation of one zoning regulation; P.A. 73-434 added provision allowing
issuance of cease and desist orders for violations involving land grading or earth removal; P.A. 74-183 substituted court
of common pleas for circuit court; P.A. 76-436 substituted superior court for court of common pleas, effective July 1,
1978; P.A. 77-509 made no change; P.A. 79-348 increased civil penalty for violation of order from two hundred fifty to
five hundred dollars and added provision re costs and attorneys' fees; P.A. 87-244 authorized soil erosion and sediment
control orders to be effective immediately; P.A. 87-347 changed amount of civil penalty from five hundred dollars to an
amount not to exceed two thousand five hundred dollars.
Cited. 135 C. 423. Plea in abatement overruled where town named as plaintiff as no substantive rights affected. 146
C. 178. Structural alterations on nonconforming use change building into substantially different structure adapted to an
extension of the nonconforming use. Id. Cited. 150 C. 439. When ordinance requires approval for extension of nonconforming use, extension without approval is prohibited. 150 C. 584. Judgment denying plaintiff injunctive relief based on unsound
proposition of law set aside. 155 C. 431. Cited. 165 C. 185. Measure of damages for breach of contact and warranty deed
in that house was constructed in violation of zoning regulations; ripening of use under section 8-13a after breach does not
affect damages. 170 C. 177. Cited. 180 C. 575, 577. Cited. 181 C. 556, 557. Cited. 186 C. 106, 112, 113. Cited. 199 C.
575, 579. Cited. 208 C. 1, 7; Id., 696, 700. Cited. 221 C. 374, 378, 379. Cited. 225 C. 575, 576, 578, 582, 583, 587, 588,
591−594. Cited. 230 C. 622, 624, 627, 631, 637. Cited. 232 C. 122, 148. Cited. 239 C. 515.
Held to be unnecessary for zoning enforcement officer to allege and prove irreparable harm and lack of an adequate
legal remedy in order for injunction to issue. 1 CA 176, 177, 179, 182. Cited. Id., 285, 286. Cited. 2 CA 515, 521. Cited.
4 CA 252, 254, 257. Application of prior pending action rule to bar action under this section is neither equitable or just
where prior action was brought under Sec. 8-6. 9 CA 534−537. Cited. 10 CA 41−43. Cited. Id., 190, 197. Cited. 15 CA
550, 558, 559. Cited. 17 CA 17, 21, 23, 25, 30; judgment reversed, see 212 C. 570 et seq. Cited. Id., 344, 350, 351. Cited.
19 CA 208. Cited. 28 CA 379, 387. Cited. 41 CA 89, 91, 93, 99, 110, 113. Cited. 46 CA 5.
In criminal action for alleged violation of order of zoning board of appeals, accused must be charged with violation of
provision of ordinance, not merely order of board. 6 CS 375. Board's power to institute legal proceedings held to include
right to engage counsel. 12 CS 192. Cited. 15 CS 485. Where two permits for "all liquor package store" were issued by
liquor control commission in violation of 1500 foot requirement of local ordinance, injunction against one permittee on
action brought by building inspector refused. 16 CS 349. Appeal under section 8-7 stays all proceedings in action appealed
from including criminal proceedings provided for in this section. 23 CS 125. Information which didn't specify crime or
section of zoning ordinance held defective. Court could not take judicial notice of ordinance or of order of building inspector
which defendant was charged with violating. Id. Allows for injunctive relief where fines provided by law would not deter
violation. 29 CS 62. Cited. 34 CS 69. Cited. 39 CS 334, 336, 337.
School dormitory has educational purpose and is itself a school, rather than an accessory use, within zoning ordinance.
2 Cir. Ct. 294.
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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. 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 a single citation. Any fine shall be payable to the treasurer of the municipality.
(b) The hearing procedure for any citation issued pursuant to this section shall be
in accordance with section 7-152c except that no zoning enforcement officer, building
inspector or employee of the municipal body exercising zoning authority may be appointed to be a hearing officer.
(c) Any zoning enforcement officer who issues a citation pursuant to an ordinance
adopted under this section shall be liable for treble damages in any civil action if the
court finds that such citation was issued frivolously or without probable cause.
(P.A. 91-398, S. 6, 7; P.A. 92-180; P.A. 93-435, S. 90, 95; P.A. 96-210.)
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".
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Sec. 8-13. Controlling requirement in case of variation. If the regulations made
under authority of the provisions of this chapter require a greater width or size of yards,
courts or other open spaces or a lower height of building or a fewer number of stories
or a greater percentage of lot area to be left unoccupied or impose other and higher
standards than are required in any other statute, bylaw, ordinance or regulation, the
provisions of the regulations made under the provisions of this chapter shall govern. If
the provisions of any other statute, bylaw, ordinance or regulation require a greater width
or size of yards, courts or other open spaces or a lower height of building or a fewer
number of stories or a greater percentage of lot area to be left unoccupied or impose
other and higher standards than are required by the regulations made under authority
of the provisions of this chapter, the provisions of such statute, bylaw, ordinance or
regulation shall govern.
(1949 Rev., S. 847.)
Cited. 165 C. 185.
Cited. 15 CA 550, 560.
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Sec. 8-13a. Nonconforming buildings and land uses. (a) When a building is so
situated on a lot that it violates a zoning regulation of a municipality which prescribes
the location of such a building in relation to the boundaries of the lot or when a building
is situated on a lot that violates a zoning regulation of a municipality which prescribes
the minimum area of the lot, and when such building has been so situated for three years
without the institution of an action to enforce such regulation, such building shall be
deemed a nonconforming building in relation to such boundaries or to the area of such
lot, as the case may be.
(b) When a use of land or building (1) is on a parcel that is fifteen or more acres,
(2) is included in industry numbers 1795, 2951, 3272 or 4953 of the Standard Industrial
Classification Manual, United States Office of Management and Budget, 1987 edition,
(3) is not permitted by the zoning regulations of a municipality, (4) has been established
and continued in reasonable reliance on the actions of the municipality, and (5) has been
in existence for twenty years prior to July 8, 1997, without the institution of court action
to enforce the regulations regarding the use, such use shall be deemed a legally existing
nonconforming use and may be continued. Nothing in this subsection shall be construed
to exempt such use from the requirements of the general statutes or of any other municipal
ordinance.
(1967, P.A. 896; 1971, P.A. 388; P.A. 77-509, S. 8; P.A. 91-199; P.A. 97-296, S. 3, 4.)
History: 1971 act changed period after which nonconforming use established from five to three years; P.A. 77-509
substituted "such building shall be deemed a nonconforming building ..." for "such building location shall be deemed a
nonconforming use"; P.A. 91-199 included as a nonconforming building a building situated on a lot that violates a zoning
regulation which prescribes the minimum area of the lot; P.A. 97-296 added new Subsec. (b) re nonconforming land use,
effective July 8, 1997.
Since damages for breach of contract are measured as of date of breach, subsequent ripening of use under this section
does not affect damages. 170 C. 177.
Cited. 46 CA 148.
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