You asked whether the law allows a municipality to put a cap on commercial development based on local or regional needs for that type of development.

There are no laws that specifically allow a municipality to cap commercial developments. But, if a municipality believes that there is too much commercial development compared to local needs, it may amend its zoning regulations or zoning map. Such amendments could limit the areas where such developments are allowed and indirectly affect the number and size of such developments. In addition, several municipalities have provisions in their zoning regulations that impose minimum spacing requirements for certain types of businesses, e. g. , liquor stores and adult-oriented businesses.

Amending zoning regulations or the zoning map affects how property owners can use their land, and as a result can take a great deal of time. In addition, affected property owners may challenge “downzoning,” e. g. , changing the zoning of an area from commercial to residential or barring certain uses in commercial areas, arguing that it amounts to an uncompensated taking of their property. As an interim measure, a municipality may wish to consider adopting a zoning moratorium while it is reviewing its zoning regulations. In Arnold Bernard and Co. v. Planning and Zoning Coom’n of Westport, 194 Conn. 152 (1984), the state Supreme Court upheld a nine-month moratorium on accepting and granting applications for business development in part of its business district. The court found that the moratorium complied with the procedural requirements of CGS § 8-3 and was reasonably limited in scope, since it was limited in time and did not prevent all development.

In addition to these zoning tools, a municipality may be able to control commercial development through its infrastructure policies. For example, if a municipality’s sewage treatment system is at or near capacity, it could establish a moratorium or cap on new sewer line hook-ups. Similarly, if the municipality has a municipal water utility, it may be able to control the pace and location of development by how it expands this system.

You may also want to refer to the following OLR memos: (1) 2005-R-0178, which discusses the development control techniques allowed under Connecticut law and the laws in other states; (2) 2004-R-0270, which discusses caps on housing developments; and (3) 2001-R-0782 and 96-R-0458, which discuss development moratoria.

JR: ts