(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. Id., 251. Town meeting may not amend or repeal regulations duly made by commission. Id., 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. Id., 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, Sec. 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; 170 C. 61; 189 C. 261; 208 C. 267; 214 C. 400; 216 C. 112; 220 C. 584.
Cited. 21 CA 351.
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. Id., 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; failure of board of burgesses to formally adopt enabling act held to invalidate subsequent zoning ordinance. 21 CS 78. 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. 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. Id., 419.
Subsec. (a):
Once municipality adopts provisions of chapter and establishes a zoning commission which then commences its functions in accordance with chapter, commission is not subject to interference by municipality's legislative body; municipality's legislative body may not substitute its judgment for that of commission in a matter involving use of municipality's land. 49 CS 183.
Notes of Decisions
Avalonbay Communities, Inc. v. Zoning Comm'n, 908 A.2d 1033 (Conn. 2006).
· cites it 36× “The plaintiff claims that such intervention is impermissible because it would conflict with the town's delegation of municipal authority to the two defendant agencies, the zoning commission of the town of Stratford (zoning commission) and the inland wetlands and watercourses…”
Avalonbay Communities, Inc. v. Zoning Comm'n, 867 A.2d 37 (Conn. App. Ct. 2005).
· cites it 28× “n's legislative body in the context of judicial review of the denial of applications to secure approval to construct low and moderate income housing as contemplated by Connecticut's affordable housing statute, when a possible effect of that invocation is to interfere with the…”
Ghent v. Zoning Comm'n, 600 A.2d 1010 (Conn. 1991).
· cites it 6× “flawed by two other procedural irregularities: (1) the involvement of the Waterbury legal department as legal adviser to the commission while it also allegedly represented the mayor’s interest in the proposal; and (2) the failure to fill a vacancy in the membership of the…”
State v. Saucier, 926 A.2d 633 (Conn. 2007).
· cites it 2× “” In my view, the statement presented by this case demonstrates precisely why we should continue to give deference to the trial court’s determination of whether a statement is hearsay, so long as the trial judge has properly considered the definition of hearsay contained in §…”
Gilchrist v. Comm'r of Corr., 334 Conn. 548 (Conn. 2020).
· cites it 2× “If the plaintiff is not an attorney and not represented by counsel, a court clerk must sign the writ of summons, but the clerk conducts no jurisdictional or merits related review and has no discretion to refuse to sign the writ ‘‘unless it is defective as to form .”
Burnham v. Plan. & Zoning Comm'n, 455 A.2d 339 (Conn. 1983).
· cites it 2× “” Chapter 124 of the General Statutes; General Statutes §4 8-1 through 8-13; is a general enabling act.”
State v. Carpenter, 882 A.2d 604 (Conn. 2005).
· cites it 2× “A “statement,” as that term is used in the hearsay rule and its exceptions, is defined in § 8-1 (1) of the Connecticut Code of Evidence as “(A) an oral or written assertion or (B) nonverbal conduct of a person, if it is intended by the person as an assertion.”
State v. Burney, 954 A.2d 793 (Conn. 2008).
· cites it 3× “§ 8-1 (3) (“ ‘[h]earsay’ means a statement, other than one made by the declarant while testifying at the proceeding, offered in evidence to establish the truth of the matter asserted”).”
Dana-Robin Corp. v. Common Council of Danbury, 348 A.2d 560 (Conn. 1974).
· cites it 6× “General Statutes *211 § 8-1. The first sought an amendment to the zoning regulations to establish a new residential classification designated PA-40, which would permit high-density multiple housing.”
State v. Hamilton, 352 Conn. 317 (Conn. 2025).
· cites it 5× “This court clarified that a witness’ prior inconsistent statement admitted under Whelan and § 8-5 of the Code of Evidence can include not only a statement that is expressly made by the witness but also a statement that is adopted by the witness if such adoption is unequivocal,…”
Builders Serv. Corp. v. Plan. & Zoning Comm'n, 545 A.2d 530 (Conn. 1988).
· cites it 2× “In order for the challenged regulation to be found “ultra vires,” the commission, in enacting the regulation, must have acted beyond the powers conferred upon it by law. The town established the commission as the town’s zoning authority by adopting the provisions of chapter 124…”
— Conn. Gen. Stat. § 8-1(3) — 3 cases
State v. Saucier, 926 A.2d 633 (Conn. 2007).
“” In my view, the statement presented by this case demonstrates precisely why we should continue to give deference to the trial court’s determination of whether a statement is hearsay, so long as the trial judge has properly considered the definition of hearsay contained in §…”
— Conn. Gen. Stat. § 8-1(a) — 3 cases
Avalonbay Communities, Inc. v. Zoning Comm'n, 908 A.2d 1033 (Conn. 2006).
“The plaintiff claims that such intervention is impermissible because it would conflict with the town's delegation of municipal authority to the two defendant agencies, the zoning commission of the town of Stratford (zoning commission) and the inland wetlands and watercourses…”
Avalonbay Communities, Inc. v. Zoning Comm'n, 867 A.2d 37 (Conn. App. Ct. 2005).
“n's legislative body in the context of judicial review of the denial of applications to secure approval to construct low and moderate income housing as contemplated by Connecticut's affordable housing statute, when a possible effect of that invocation is to interfere with the…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.