OLR Bill Analysis

SB 1085

AN ACT CONCERNING ZONING APPEALS.

SUMMARY:

This bill allows an appeal of a zoning decision a special permit or special exception to go to the Superior Court for the judicial district where the property is located, notwithstanding any right to appeal the decision to the local zoning board of appeals (ZBA). By law, zoning regulations can require a special permit or special exception for certain classes or kinds of buildings or land uses in a zone.

EFFECTIVE DATE: October 1, 2007

BACKGROUND

Related Court Case

In Jewett City Savings Bank v. Town of Franklin, 280 Conn. 274 (2006), the Supreme Court held that special exception review constituted “enforcement” of zoning regulations. As a result, if local zoning regulations allowed an appeal of a special exemption to the ZBA, it must be appealed there before an appeal can be taken to the Superior Court.

COMMITTEE ACTION

Planning and Development Committee

Joint Favorable