Connecticut General Statutes
Chapter 124 - Zoning
Section 8-9. - Appeals from zoning commissions and planning and zoning commissions. Review by Appellate Court.

Appeals from zoning commissions and planning and zoning commissions may be taken to the Superior Court and, upon certification for review, to the Appellate Court in the manner provided in section 8-8.

(1949 Rev., S. 845; 1953, S. 381d; February, 1965, P.A. 622, S. 4; 1971, P.A. 870, S. 13; P.A. 74-183, S. 180, 291; P.A. 76-436, S. 159, 681; June Sp. Sess. P.A. 83-29, S. 19, 82.)
History: 1965 act included planning and zoning commissions; 1971 act added language allowing appeal to supreme court; P.A. 74-183 made no change; P.A. 76-436 substituted superior court for court of common pleas, effective July 1, 1978; June Sp. Sess. P.A. 83-29 deleted reference to supreme court and substituted appellate court in lieu thereof.
Cited. 136 C. 90; 143 C. 280; 145 C. 218, 237, 416, 435; 146 C. 665; 148 C. 33. Standard used by court in reviewing action of zoning commission. 148 C. 172. Cited. 149 C. 681; 151 C. 484; 155 C. 365; 157 C. 522. Determination that keeping of chickens and goats was not an “accessory use” to residential property was within discretion of local zoning board and, where board did not act illegally or in abuse of its discretion, will not be reversed on appeal. 158 C. 509. This section and Sec. 8-8 govern appeals from final zoning authority of municipality. 159 C. 1. Amendment of Sec. 8-8 is operative as to this adopting statute and does not remain unmodified in relation to this statute. 160 C. 239, 249. Cited. 162 C. 74; 165 C. 185; 168 C. 285; 173 C. 408; 174 C. 493; 179 C. 250; 186 C. 106; 211 C. 85; 214 C. 400; 221 C. 374; 225 C. 731; 226 C. 80; Id., 230; 232 C. 122; Id., 419.
Cited. 2 CA 506; Id., 595; 3 CA 172; Id., 576; 4 CA 271; 5 CA 520; 6 CA 317; 43 CA 606.
Cited. 17 CS 116; 19 CS 29. This section and Secs. 8-3 and 8-8 are not so linked that date of publication of notice must be considered as date decision was rendered. 26 CS 88. Plaintiffs' claim that logic dictates that legislature did not intend that there should be an inconsistent procedure relative to appeal from decisions of zoning boards of appeal and zoning boards and that therefore running of appeal period in case of zoning regulation should be contingent on statutory publication is without merit. Id., 90. Equitable relief outside the framework of appeal procedure set up by statute might be granted in the presence of allegations of fraudulent connivance or collusion on the part of local zoning board of appeals; plaintiffs have been granted equitable relief when the zoning authority lacked the jurisdiction to take the action which plaintiff was challenging; equitable relief by way of an injunction will not be granted if the court finds that the legal remedy afforded by statute has not been exhausted. 26 CS 334. Cited. 38 CS 492.

Structure Connecticut General Statutes

Connecticut General Statutes

Title 8 - Zoning, Planning, Housing and Economic and Community Development

Chapter 124 - Zoning

Section 8-1. - Zoning commissions.

Section 8-1a. - “Municipality” and “town” to include district; “selectmen” to include district officers. Definitions.

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 8-1cc. - (Note: This section is effective April 1, 2022.) Outdoor food and beverage service as accessory use.

Section 8-1d. - Hours for holding land use public hearings.

Section 8-1z. - Exclusion of conservation easement from open space percentage allocation required for land use application.

Section 8-2. - Regulations.

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 8-2h. - Zoning applications filed prior to change in zoning regulations not required to comply with change. Applications for building permit or certificate of occupancy filed prior to adoption of zoning regulations not required to comply with...

Section 8-2i. - Inclusionary zoning.

Section 8-2j. - Village districts. Compatibility objectives with other uses in immediate neighborhood. Applications. Village district consultant.

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 8-3. - Establishment and changing of zoning regulations and districts. Enforcement of regulations. Certification of building permits and certificates of occupancy. Site plans. District for water-dependent uses.

Section 8-3a. - Findings of consistency of proposed regulations or boundaries with the plan of development. Referral of proposed regulations or boundaries to planning commission.

Section 8-3b. - Notice to regional council of governments of proposed zone or zone use change.

Section 8-3c. - Special permits, exceptions and exemptions. Hearings. Filing requirements. Expiration and extensions.

Section 8-3d. - Variances, special permits, special exceptions and special exemptions to be recorded.

Section 8-3e. - Regulation of community residences for persons with intellectual disability, child-care residential facilities, community residences for persons receiving mental health or addiction services and hospice facilities.

Section 8-3f. - Establishment of community residences for persons with intellectual disability and child-care residential facilities.

Section 8-3g. - Regulation of community residences for mentally ill adults and UCONN 2000 projects.

Section 8-3h. - Notice to adjoining municipalities.

Section 8-3i. - Notice to water company re projects within aquifer protection area or watershed of water company.

Section 8-3j. - Regulation of family child care homes.

Section 8-3k. - Expirations and extensions of site plan, subdivision, permit, special permit and special exception approvals.

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 8-4c. - Training for members of planning, zoning or combined planning and zoning commissions and zoning boards of appeals. Training guidelines. Statement of compliance.

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 8-7. - Appeals to board. Hearings. Effective date of exceptions or variances; filing requirements.

Section 8-7a. - Evidence at hearings and meetings to deliberate formal petitions, applications, requests or appeals to be taken by stenographer or recorded.

Section 8-7b. - Notice to contiguous municipalities of variance applications.

Section 8-7c. - Disclosure of beneficiaries of real property held in trust.

Section 8-7d. - Hearings and decisions. Time limits. Day of receipt. Notice to adjoining municipality. Public notice registry.

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 8-9. - Appeals from zoning commissions and planning and zoning commissions. Review by Appellate Court.

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.