Sec. 14-321. Approval of gasoline station location by local authorities.
Sec. 14-321. Approval of gasoline station location by local authorities. Any
person who desires to obtain a license for the sale of gasoline or any other product,
under the provisions of section 14-319, shall first obtain and present to the commissioner
a certificate of approval of the location for which such license is desired. The certificate
of approval shall be obtained from the zoning commission, planning and zoning commission or local authority of the town, city or borough where the station or pump is located
or is proposed to be located. A certificate of approval shall not be required in the case
of the transfer of the last issued license from one person to another provided no more
than one year has elapsed since the expiration of such license, or in the case of a renewal
of a license by the holder of the license, or in the case of the addition or discontinuance
of pumps. If adjoining physical properties are altered or changed, the applicant shall
conform to the provisions of this section. The commissioner shall not issue any license
under the provisions of section 14-319 for which a certificate of approval is a prerequisite
unless the certificate is presented to him within three years after the date on which it
was issued.
(1949 Rev., S. 2538; February, 1965, P.A. 229; P.A. 82-460, S. 7; P.A. 84-429, S. 44; P.A. 03-184, S. 4.)
History: 1965 act changed provision re transfer of station to transfer of the last issued license and added requirement
that license not be issued if a required certificate has not been presented within three years of its issuance; P.A. 82-460
provided that a license cannot be transferred if more than one year has elapsed since its expiration; P.A. 84-429 rephrased
provisions, substituted term "local authority" for definitional language and made other technical changes; P.A. 03-184
added provision authorizing a zoning commission or planning and zoning commission to issue a certificate of approval.
See Sec. 14-331 re revocation or suspension of license.
Authority of mayor to issue or refuse certificate of approval of location. 109 C. 586. Denial of certificate of approval
is reviewable only to determine if it was arbitrary, illegal or in abuse of discretion. 110 C. 80; 128 C. 264; id., 354. 1927
act applies in New Haven, and authority is in mayor, not board of appeals, by virtue of exception in 1929 act. 123 C. 311;
128 C. 264. 1927 act held unconstitutional; this section is an amendment of the 1929 act and does not apply to New Haven.
128 C. 701, 706. Cited. 134 C. 150. Plaintiff held not a "holder" seeking renewal of license and application must be based
upon certificate of approval by the zoning board of appeals. 135 C. 706. Cited. 138 C. 326; Id., 453. Cited. 139 C. 681.
Cit4ed. 140 C. 622, 650. In passing on an application for a certificate of approval for the use of certain property for the
retail sale of gasoline, a zoning board of appeals serves, not in a zoning capacity, but as an agent of the state to pass upon
suitability of the location in view of traffic and other conditions, and to determine whether the proposed use of the location
would imperil the safety of the public. 142 C. 64. Zoning board of appeals is acting as agency of the state in determining
suitability. 143 C. 316. Cited. 144 C. 61. When acting under this section, a board of appeals is not dealing primarily with
zoning but is performing a separate function delegated to it as an agency of the state. 147 C. 517; 148 C. 507. Cited. 149
C. 513. Prior to 1965 amendment, dicta to effect certificate of local authority must be presented within reasonable time
after approval granted. Id., 516. For the board validly to reverse an earlier decision by granting a subsequent application
for approval of the same location, there has to be a showing of material change in conditions, that is, a change which
militated against the objections formerly relied on. 150 C. 75. Cited. Id., 511, 559. Board acts as an agent of the state under
this section and section 14-322, its sole function being to determine if the site in question will be suitable according to
statutory criteria designed to promote and protect the public safety. 153 C. 95. Disapproval of application on grounds of
potential traffic hazard anticipated from planned nearby shopping center was within discretion of board. Id., 257. When
acting under this section, zoning board of appeals is acting as a special statutory agent of the state. Id., 259. Cited. Id., 433.
Where plaintiff's application to board does not make it clear whether a permit under the zoning ordinance or an approval
under the statutes is requested, the board must decide each issue separately and the required number of votes for each must
be met in order for the application to be approved. 154 C. 32, 36. Cited. Id., 540. Probative value of conflicting evidence
of suitability of property is for the board to decide. 155 C. 350. Zoning board acting under this section as special statutory
agent of state is governed by requirements of section 14-322. Id., 539. Nonconforming use as gasoline station may survive
period when station had been used for automobile repair work. 158 C. 86. In passing upon application for approval of
location, zoning board as administrative agency of state is required to hold hearing Id., 208. Proceedings under this section
and section 14-322 are not zoning matters. Certificate of approval should not be issued where location is violative of zoning
regulations. 159 C. 234. Cited. 170 C. 154.
Cited. 3 CA 556.
Station operator enjoined by motor vehicle commissioner where zoning board issued certificate of approval in error.
1 CS 165. Cited. 4 CS 462. History discussed. 5 CS 1. Authority of zoning board to issue certificate of approval. Id. Statute
not applicable to municipalities it did not affect before 1935. Id., 214. Cited. 8 CS 277; Id., 499. Constitutionality. 10 CS
462. Cited. 26 CS 476. Hearing provided for in section 14-322 must take place not less than two nor more than four weeks
from filing of application and not merely be assigned during that period for some future date. 27 CS 112.