You asked for a description of recent legislation on local approval of sites for vehicle dealers and repairers. You specifically wanted to know whether PA 05-218 eliminates the ability of zoning boards of appeals (ZBAs) to hear applications on the suitability of sites for motor vehicle dealers and repairers and to issue special exceptions under local zoning regulations.

Under CGS § 14-54, anyone seeking to obtain a vehicle dealer or repairer license from the Department of Motor Vehicles (DMV) generally must present the department with a certificate of location approval from the local authority. The certificate is not required for (1) transfers of ownership to a member of the licensee's family or to a corporation in which a family member has controlling interest or (2) a change in ownership involving the withdrawal of one or more partners from a partnership.

The legislature has revised who is responsible for issuing such certificates several times in recent years. Under current law, as adopted by PA 05-218, the certificates must be issued by the zoning commission if the municipality has a commission and a zoning board of appeals (ZBA), as most do; otherwise, the certificate must be issued by the board or authority designated by local charter, regulation, or ordinance. PA 06-133 additionally requires the approval, in towns with fewer than 20,000 residents, of the police chief if there is a local police department or the commander of the state police barracks nearest to the proposed location if there is no department.

It does not appear that section 14-54 eliminates the authority of ZBAs to hear applications on the suitability of sites for dealers and repairers and to issue special exceptions under local zoning regulations, as these powers are granted under title 8 rather than title 14 of the statutes. However, the law does require the zoning commission, rather than the ZBA, to issue the certificate of suitability.

Prior to 2003, the certificate had to be issued by the municipality's chief elected official or the ZBA. PA 03-184 instead required that the zoning commission, planning and zoning (P&Z) commission, or other authority selected by the municipality issue the certificate. Later that year, the legislature modified this change by requiring that the ZBA issue the certificate if the municipality had a ZBA as well as a planning or combined P&Z commission (PA 03-6, June 30 Special Session). Most recently, PA 05-218, in effect reversed the latter act. It requires that the zoning commission issue the certificate if the municipality has a commission and a ZBA, as most do; otherwise, the certificate must be issued by the board or authority designated by local charter, regulation, or ordinance.

The legislative history of these acts provides limited insight as to the legislature's rationale for these changes. In the Senate debate on PA 03-184, Senator Fonfara stated that its certificate provision would streamline the process for applying for certain applications involving vehicle dealers, repairers, recyclers, and gasoline stations so that everything would go before the zoning commission, the planning and zoning commission, or other authority designated by a municipality. In the House, Representative Stone made a similar point.

PA 03-6, June 30 Special Session, contained a wide range of unrelated provisions, and there was no floor debate on the certificate provisions. The 2005 provision was part of a large bill dealing with the DMV and the certificate provision was not addressed in the legislative debate.

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