(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, intellectual disability, 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; P.A. 11-129, S. 20.)
History: Pursuant to P.A. 11-129, “mental retardation” was changed editorially by the Revisors to “intellectual disability” in Subsec. (b).
Notes of Decisions
AvalonBay Communities, Inc. v. Sewer Comm'n, 853 A.2d 497 (Conn. 2004).
· cites it 2× “” General Statutes § 8-119bb (3); see also General Statutes § 8-2g (allowing for special exemption from density limits for construction of affordable housing); General Statutes § 8-30g (providing procedure for affordable housing land use appeals).”
R & R Pool & Patio, Inc. v. Zoning Bd. of Appeals, 778 A.2d 61 (Conn. 2001).
“owing 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…”
Double I Ltd. P'ship v. Plan & Zoning Comm'n, 588 A.2d 624 (Conn. 1991).
““(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…”
Gangemi v. Zoning Bd. of Appeals, 763 A.2d 1011 (Conn. 2001).
“egulation 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…”
City of Torrington v. Zoning Comm'n, 806 A.2d 1020 (Conn. 2002).
“General Statutes § 8-3c (b) provides in relevantpart: “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…”
Toll Bros. v. Inland Wetlands Comm'n, 922 A.2d 268 (Conn. App. Ct. 2007).
· cites it 3× “The commission acknowledges that, pursuant to General Statutes § 8-2g, the plaintiffs development is eligible for a special exemption from the density limits established for the zoning district in which it is located.”
Fort Trumbull Conservancy, LLC v. Plan. & Zoning Comm'n of New London, 832 A.2d 611 (Conn. 2003).
“owing 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…”
Aitken v. Zoning Bd. of Appeals, 557 A.2d 1265 (Conn. App. Ct. 1989).
“wing 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…”
Wisniowski v. Plan. Comm'n, 655 A.2d 1146 (Conn. App. Ct. 1995).
“(3) It was not demonstrated that affordable housing units will be of comparable size and workmanship as intended by the legislature in its affordable housing legislation including Section 8-2g. (4) There was no information given on housing prices nor any financial justification…”
Kalimian v. Zoning Bd. of Appeals, 783 A.2d 506 (Conn. App. Ct. 2001).
“owing 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…”
Loulis v. Parrott, 695 A.2d 1040 (Conn. 1997).
“owing 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…”
Dauti Constr., LLC v. Plan. & Zoning Comm'n, 10 A.3d 92 (Conn. App. Ct. 2010).
· cites it 2× “According to the commission, modifications are permissible only when a plan fails to comply with the commission’s regulations, but modifications are not permissible when the plan fails to meet statutory requirements.”
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