The zoning commission, planning commission, planning and zoning commission and zoning board of appeals shall call in a competent stenographer to take the evidence, or shall cause the evidence to be recorded by a sound-recording device, in each hearing before such commission or board in which the right of appeal lies to the Superior Court and at each meeting in which such commission or board of appeals deliberates any formal petition, application, request or appeal.
(1959, P.A. 460, S. 1; P.A. 76-436, S. 290, 681; P.A. 90-286, S. 6, 9; P.A. 05-287, S. 46.)
History: P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; P.A. 90-286 made requirements of section applicable to planning commissions and planning and zoning commissions; P.A. 05-287 added provision requiring evidence to be taken by stenographer or recorded at each meeting in which commission or board of appeals deliberates any formal petition, application, request or appeal, effective January 1, 2006.
Cited. 148 C. 600. History discussed; reversal of decision in 23 CS 6; failure of board of appeals to comply with mandate of section renders action voidable at option of an aggrieved person. 150 C. 411. Cited. 153 C. 713; 154 C. 393; 155 C. 268; 162 C. 44; 219 C. 352; Id., 511; 226 C. 80.
Cited. 6 CA 110; 43 CA 563. Zoning board required to hold a hearing on plaintiff's zoning application. 69 CA 230.
Where, due to mechanical failure of recording machine, no transcript is available, court may permit introduction of additional evidence to determine what considerations were presumptively in minds of board members. 23 CS 6; judgment reversed, see 150 C. 411.
Structure Connecticut General Statutes
Title 8 - Zoning, Planning, Housing and Economic and Community Development
Section 8-1. - Zoning commissions.
Section 8-1aa. - Ridgeline protection: Definitions.
Section 8-1b. - Alternate members of zoning commission or combined planning and zoning commission.
Section 8-1bb. - Temporary health care structures. Municipal permit required. Municipal opt-out.
Section 8-1c. - Fees for municipal land use applications.
Section 8-1d. - Hours for holding land use public hearings.
Section 8-2a. - Copies of zoning and subdivision regulations to be available.
Section 8-2b. - Use of maps of Soil Conservation Service as standard.
Section 8-2c. - Payment of a fee in lieu of parking requirements.
Section 8-2d. - Planned unit developments under former chapter 124a continue to be valid.
Section 8-2e. - Municipal agreements regarding development rights.
Section 8-2f. - Joint applications necessary for transfer of development rights.
Section 8-2g. - Special exemption from density limits for construction of affordable housing.
Section 8-2i. - Inclusionary zoning.
Section 8-2k. - Zoning regulations re construction near lakes.
Section 8-2l. - Zoning regulations re structures or uses located in floodplain.
Section 8-2m. - Floating and overlay zones and flexible zoning districts.
Section 8-2n. - Zoning regulations re crematories.
Section 8-2o. - Zoning regulations re accessory apartments. Municipal opt-out; exception.
Section 8-2p. - Municipal opt-out re dwelling unit parking space limitations.
Section 8-3b. - Notice to regional council of governments of proposed zone or zone use change.
Section 8-3g. - Regulation of community residences for mentally ill adults and UCONN 2000 projects.
Section 8-3h. - Notice to adjoining municipalities.
Section 8-3j. - Regulation of family child care homes.
Section 8-4. - Zoning commission may be designated as planning and zoning commission.
Section 8-4a. - Zoning or planning commission may be designated as planning and zoning commission.
Section 8-4b. - Change from combined commission to separate commissions.
Section 8-5. - Zoning board of appeals. Alternate members.
Section 8-5a. - Designation of alternate members to act.
Section 8-5b. - Ordinance may provide for appointment of alternate members.
Section 8-6. - Powers and duties of board of appeals.
Section 8-6a. - Appeal to be heard before variance when both joined.
Section 8-7b. - Notice to contiguous municipalities of variance applications.
Section 8-7c. - Disclosure of beneficiaries of real property held in trust.
Section 8-7e. - Notice to adjoining municipalities of applications or requests.
Section 8-8. - Appeal from board to court. Mediation. Review by Appellate Court.
Section 8-8a. - Process for mediation.
Section 8-10. - Appeals procedure to apply to all municipalities.
Section 8-11. - Disqualification of members of zoning authorities.
Section 8-11a. - Disqualification of board member as enforcement officer.
Section 8-12. - Procedure when regulations are violated.
Section 8-12a. - Establishment of municipal penalties for violations of regulations.
Section 8-13. - Controlling requirement in case of variation.
Section 8-13a. - Nonconforming buildings, structures and land uses.