Sec. 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-de
Sec. 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. (a) Such zoning commission
shall provide for the manner in which regulations under section 8-2 or 8-2j and the
boundaries of zoning districts shall be respectively established or changed. No such
regulation or boundary shall become effective or be established or changed until after
a public hearing in relation thereto, held by a majority of the members of the zoning
commission or a committee thereof appointed for that purpose consisting of at least five
members. Such hearing shall be held in accordance with the provisions of section 8-7d.
A copy of such proposed regulation or boundary shall be filed in the office of the town,
city or borough clerk, as the case may be, in such municipality, but, in the case of a
district, in the offices of both the district clerk and the town clerk of the town in which
such district is located, for public inspection at least ten days before such hearing, and
may be published in full in such paper. The commission may require a filing fee to be
deposited with the commission to defray the cost of publication of the notice required
for a hearing.
(b) Such regulations and boundaries shall be established, changed or repealed only
by a majority vote of all the members of the zoning commission, except as otherwise
provided in this chapter. In making its decision the commission shall take into consideration the plan of conservation and development, prepared pursuant to section 8-23, and
shall state on the record its findings on consistency of the proposed establishment,
change or repeal of such regulations and boundaries with such plan. If a protest against
a proposed change is filed at or before a hearing with the zoning commission, signed
by the owners of twenty per cent or more of the area of the lots included in such proposed
change or of the lots within five hundred feet in all directions of the property included
in the proposed change, such change shall not be adopted except by a vote of two-thirds
of all the members of the commission.
(c) All petitions requesting a change in the regulations or the boundaries of zoning
districts shall be submitted in writing and in a form prescribed by the commission and
shall be considered at a public hearing within the period of time permitted under section
8-7d. The commission shall act upon the changes requested in such petition. Whenever
such commission makes any change in a regulation or boundary it shall state upon its
records the reason why such change is made. No such commission shall be required to
hear any petition or petitions relating to the same changes, or substantially the same
changes, more than once in a period of twelve months.
(d) Zoning regulations or boundaries or changes therein shall become effective at
such time as is fixed by the zoning commission, provided a copy of such regulation,
boundary or change shall be filed in the office of the town, city or borough clerk, as the
case may be, but, in the case of a district, in the office of both the district clerk and the
town clerk of the town in which such district is located, and notice of the decision of such
commission shall have been published in a newspaper having a substantial circulation in
the municipality before such effective date. In any case in which such notice is not
published within the fifteen-day period after a decision has been rendered, any applicant
or petitioner may provide for the publication of such notice within ten days thereafter.
(e) The zoning commission shall provide for the manner in which the zoning regulations shall be enforced.
(f) No building permit or certificate of occupancy shall be issued for a building, use
or structure subject to the zoning regulations of a municipality without certification in
writing by the official charged with the enforcement of such regulations that such building, use or structure is in conformity with such regulations or is a valid nonconforming
use under such regulations. Such official shall inform the applicant for any such certification that such applicant may provide notice of such certification by either (1) publication
in a newspaper having substantial circulation in such municipality stating that the certification has been issued, or (2) any other method provided for by local ordinance. Any
such notice shall contain (A) a description of the building, use or structure, (B) the
location of the building, use or structure, (C) the identity of the applicant, and (D) a
statement that an aggrieved person may appeal to the zoning board of appeals in accordance with the provisions of section 8-7.
(g) The zoning regulations may require that a site plan be filed with the commission
or other municipal agency or official to aid in determining the conformity of a proposed
building, use or structure with specific provisions of such regulations. If a site plan
application involves an activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall submit an application for a permit to the agency responsible for
administration of the inland wetlands regulations not later than the day such application
is filed with the zoning commission. The commission shall, within the period of time
established in section 8-7d, accept the filing of and shall process, pursuant to section 8-7d, any site plan application involving land regulated as an inland wetland or watercourse
under chapter 440. The decision of the zoning commission shall not be rendered on the
site plan application until the inland wetlands agency has submitted a report with its
final decision. In making its decision, the commission shall give due consideration to
the report of the inland wetlands agency and if the commission establishes terms and
conditions for approval that are not consistent with the final decision of the inland wetlands agency, the commission shall state on the record the reason for such terms and
conditions. A site plan may be modified or denied only if it fails to comply with requirements already set forth in the zoning or inland wetlands regulations. Approval of a site
plan shall be presumed unless a decision to deny or modify it is rendered within the
period specified in section 8-7d. A certificate of approval of any plan for which the
period for approval has expired and on which no action has been taken shall be sent to
the applicant within fifteen days of the date on which the period for approval has expired.
A decision to deny or modify a site plan shall set forth the reasons for such denial or
modification. A copy of any decision shall be sent by certified mail to the person who
submitted such plan within fifteen days after such decision is rendered. The zoning
commission may, as a condition of approval of any modified site plan, require a bond
in an amount and with surety and conditions satisfactory to it, securing that any modifications of such site plan are made or may grant an extension of the time to complete work
in connection with such modified site plan. The commission may condition the approval
of such extension on a determination of the adequacy of the amount of the bond or other
surety furnished under this section. The commission shall publish notice of the approval
or denial of site plans in a newspaper having a general circulation in the municipality.
In any case in which such notice is not published within the fifteen-day period after a
decision has been rendered, the person who submitted such plan may provide for the
publication of such notice within ten days thereafter. The provisions of this subsection
shall apply to all zoning commissions or other final zoning authority of each municipality
whether or not such municipality has adopted the provisions of this chapter or the charter
of such municipality or special act establishing zoning in the municipality contains
similar provisions.
(h) Notwithstanding the provisions of the general statutes or any public or special
act or any local ordinance, when a change is adopted in the zoning regulations or boundaries of zoning districts of any town, city or borough, no improvements or proposed
improvements shown on a site plan for residential property which has been approved
prior to the effective date of such change, either pursuant to an application for special
exception or otherwise, by the zoning commission of such town, city or borough, or
other body exercising the powers of such commission, and filed or recorded with the
town clerk, shall be required to conform to such change.
(i) In the case of any site plan approved on or after October 1, 1984, except as
provided in subsection (j) of this section, all work in connection with such site plan shall
be completed within five years after the approval of the plan. The certificate of approval
of such site plan shall state the date on which such five-year period expires. Failure to
complete all work within such five-year period shall result in automatic expiration of
the approval of such site plan, except in the case of any site plan approved on or after
October 1, 1989, the zoning commission or other municipal agency or official approving
such site plan may grant one or more extensions of the time to complete all or part of
the work in connection with the site plan provided the total extension or extensions shall
not exceed ten years from the date such site plan is approved. "Work" for purposes of
this subsection means all physical improvements required by the approved plan.
(j) In the case of any site plan for a project consisting of four hundred or more
dwelling units approved on or after June 19, 1987, all work in connection with such site
plan shall be completed within ten years after the approval of the plan. In the case of
any commercial, industrial or retail project having an area equal to or greater than four
hundred thousand square feet approved on or after October 1, 1988, the zoning commission or other municipal agency or official approving such site plan shall set a date for
the completion of all work in connection with such site plan, which date shall be not
less than five nor more than ten years from the date of approval of such site plan, provided
such commission, agency or official approving such plan and setting a date for completion which is less than ten years from the date of approval may extend the date of
completion for an additional period or periods, not to exceed ten years in the aggregate
from the date of the original approval of such site plan. The certificate of approval of
such site plan shall state the date on which such work shall be completed. Failure to
complete all work within such period shall result in automatic expiration of the approval
of such site plan. "Work" for purposes of this subsection means all physical improvements required by the approved plan.
(k) A separate zoning district may be established for shorefront land areas utilized
for water-dependent uses, as defined in section 22a-93, existing on October 1, 1987.
Such district may be composed of a single parcel of land, provided the owner consents
to such establishment. The provisions of this section shall not be construed to limit
the authority of a zoning commission to establish and apply land use districts for the
promotion and protection of water-dependent uses pursuant to section 8-2 and sections
22a-101 to 22a-104, inclusive. The provisions of this subsection shall apply to all zoning
commissions or other final zoning authority of each municipality whether or not such
municipality has adopted the provisions of this chapter or the charter of such municipality or special act establishing zoning in the municipality contains similar provisions.
(l) Notwithstanding the provisions of this section to the contrary, any site plan approval made under this section on or before October 1, 1989, except an approval made
under subsection (j) of this section, shall expire not more than seven years from the date
of such approval and the commission may grant one or more extensions of time to
complete all or part of the work in connection with such site plan, provided the time for
all extensions under this subsection shall not exceed ten years from the date the site plan
was approved.
(1949 Rev., S. 838; 1951, 1953, June, 1955, S. 375d; 1957, P.A. 662; 1959, P.A. 452; 577, S. 4; 614, S. 3; February,
1965, P.A. 622, S. 1; 1971, P.A. 862, S. 1; P.A. 77-450, S. 1; 77-509, S. 2; P.A. 78-104, S. 4; P.A. 80-177; P.A. 82-90;
P.A. 84-147, S. 1; 84-174; P.A. 86-236, S. 1; P.A. 87-215, S. 2, 7; 87-371, S. 2, 5; 87-474, S. 2; 87-533, S. 7, 14; P.A. 88-105, S. 1; P.A. 89-277, S. 2; 89-356, S. 10, 11; P.A. 91-153, S. 1; P.A. 93-19, S. 1, 3; P.A. 00-145, S. 2; P.A. 02-74, S. 1;
02-77, S. 1; P.A. 03-144, S. 1; 03-177, S. 1; P.A. 06-20, S. 1; P.A. 07-102, S. 1; P.A. 08-38, S. 1.)
History: 1959 acts provided notice of hearing be published "in the form of a legal advertisement appearing" in a
newspaper, provided for filing of copy of regulations and proposed regulations in case of district, provided protest of
change to be effective must be signed by at least 20% of property owners within 500 feet "in all directions" rather than
"in any direction" and that a two-thirds rather than three-quarters vote of commission is needed to overcome protest,
allowed petitions for change in regulations as well as boundaries and added "or substantially the same changes" in the last
sentence; 1965 act required copy of zoning regulations, boundaries or changes in the case of a district be filed with both
district and town clerk and specified notice of decision of commission, rather than of the filing of the regulation, boundary
or change, be published; 1971 act required that hearing be held within 65, rather than 90, days after receipt of petition, that
decision be made within 65, rather than 90, days after hearing and that extensions not exceed 65 days; P.A. 77-450 made
provisions of Sec. 8-7d applicable to changes and amendments and replaced 65 periods for hearing, decision and extension
with time period permitted under Sec. 8-7d; P.A. 77-509 divided section into Subsecs., placed provision for filing fee in
Subsec. (a) rather than Subsec. (c), required recording of reasons for making changes in Subsec. (c) and added Subsecs.
(d) to (g), inclusive, re effective dates, enforcement, building permits and site plans; P.A. 78-104 amended Subsec. (g) to
specify that site plans may be modified or denied only for noncompliance and to replace reference to 65-day period for
decision or extensions with reference to time periods in Sec. 8-7d; P.A. 80-177 amended Subsec. (g) concerning posting
of bond as condition of approval; P.A. 82-90 amended Subsec. (g) to provide for issuance of a certificate of approval upon
the expiration of the time limit and for the publication of notices of approval; P.A. 84-147 added Subsecs. (h) and (i)
concerning the effect of subsequent zoning changes on approved site plans and expiration of site plan approval; P.A. 84-174 amended Subsec. (f) to include certificates of occupancy; P.A. 86-236 amended Subsec. (g) to require the commission
to publish notice of the denial of site plans; P.A. 87-215 amended Subsec. (a) to allow for notice by mail to included and
adjacent landowners; P.A. 87-371 added Subsec. (j) concerning completion of work on site plans for projects consisting
of 400 or more dwelling units; P.A. 87-474 added Subsec. (k) regarding separate zoning districts for shorefront land areas
utilized for dependent uses; P.A. 87-533 amended Subsec. (g) to add provision re site plan applications involving activities
regulated under Secs. 22a-36 to 22a-45, inclusive; P.A. 88-105 amended Subsec. (j) to provide for expiration of site plan
approval in the case of certain commercial, industrial or retail projects; P.A. 89-277 amended Subsec. (i) to authorize the
granting of one or more extensions of the 5-year period for site plans approved on or after October 1, 1989, and limited
the total extension or extensions to 10 years; P.A. 89-356 amended Subsec. (d) to authorize any applicant or petitioner for
a change in zoning regulations or boundaries to provide for publication of the notice of the decision of the commission
when such notice is not published in a timely manner and amended Subsec. (g) to authorize the person who submitted a
site plan application to provide for the publication of the notice of the decision of the commission when such notice is not
published in a timely manner; P.A. 91-153 added Subsec. (l) which provided that site plans approved on or before October
1, 1989, be valid for 7 years after the date of approval; P.A. 93-19 amended Subsec. (g) to authorize planning commissions
to extend the time to complete work on a modified site plan and to condition such approval in determination of the adequacy
of the bond, amended Subsec. (i) to replace reference to a 5-year period with provisions re completion of work and amended
Subsec. (l) to authorize extensions of site plans approved on or before October 1, 1989, effective April 21, 1993; P.A. 00-145 amended Subsec. (a) to add reference to Sec. 8-2j; P.A. 02-74 amended Subsec. (b) to require commission to consider
the municipal plan of conservation and development in decisions and to state on the record its findings on consistency
with such plan; P.A. 02-77 amended Subsec. (c) to authorize commissions to act upon petitions, removing limitation of
adoption or denial, effective June 3, 2002, and applicable to petitions filed on and after that date; P.A. 03-144 amended
Subsec. (f) to add provisions re notice of certification by the applicant; P.A. 03-177 amended Subsec. (a) to provide that
public hearings be conducted in accordance with Sec. 8-7d, and to delete provisions re notice of time and place for public
hearing and notice to adjacent landowners, effective October 1, 2003, and applicable to applications filed on or after that
date; P.A. 06-20 amended Subsec. (g) to apply subsection to all zoning commissions or final zoning authorities, effective
May 2, 2006; P.A. 07-102 amended Subsec. (g) to add provision re acceptance and processing of site plan application
involving inland wetlands and watercourses and to replace provision re consideration of report of inland wetlands agency
with provision re consideration of report of inland wetlands agency and statement on the record of terms and conditions
consistent with final decision of inland wetlands agency; P.A. 08-38 amended Subsec. (g) to substitute "give due consideration to" for "consider" re report of inland wetlands agency, effective May 7, 2008.
See Sec. 7-159b re preapplication review of use of property.
When protested, change by town zoning commission requires vote of all members, not merely of those present at
meeting. 123 C. 282. Change invalid if notice not in compliance with statute. Id., 472. Cited. Id., 541. Cited. 125 C. 720.
Failure to state on record reason for change of regulation does not invalidate board's action. 129 C. 287. Ordinance invalid
for failure to give notice and hold hearing. 131 C. 649. Cited. 133 C. 594. Does not apply to a proceeding pending on
effective date of act. 134 C. 572. Husband of applicant sat at meeting and voted for application. Held: Change of zone is
invalid. 135 C. 1. Words "immediately adjacent" mean adjoining or abutting. Id., 24. Cited. 136 C. 94. Special act controls
in West Hartford at least as to procedural matters. 138 C. 497. Cited. 141 C. 349. Zoning regulations shall be made in
accordance with "a comprehensive plan" which is a general plan to control and direct use and development of property in
municipality or large part thereof by dividing it into districts according to present and potential use of properties. 142 C.
265. Zoning commission need not set out reasons for amendment and change of zoning regulations in language which
would satisfy meticulous criticism of a legal expert. Id., 580. Nothing in this section which permits vote of town meeting
to approve any amendment adopted by zoning commission. Power to provide for manner in which zoning regulations may
be changed is vested exclusively in commission and cannot be delegated to town meeting. 143 C. 448. Compliance with
statutory procedure was prerequisite to any valid and effective date change in zonal boundaries. 144 C. 475. Words "immediately adjacent in the rear," as similarly used in special act, construed. Id., 677. Adequacy of notice. Id., 690. In computing
notice period, both terminal days are excluded when such phrases as "at least" and "not less than" are used. 145 C. 136.
Compliance with statutory procedure was a prerequisite to any valid amendment of, or change in, zoning regulations. Id.
Legislative history. Words "in any direction" mean "all or every direction" (former statute). Id., 325. Zone change in
substantial conformity with comprehensive plan held not spot zoning. Id., 435. Prior conferences with applicant and experts
did not compel conclusion that commission made up its mind before public hearing. Dissent held otherwise. Id. Regulation
which does not clearly state boundaries of zone not ipso facto a nullity. Id., 468. An orderly extension of an existing district
to serve a public need is not spot zoning. Id., 592. Commission acts in a legislative capacity; board of appeals acts in a
quasi-judicial capacity. Id. Disregard of zoning regulations regarding traffic congestion and allowing access to commercial
property through residential area constitutes illegal action by board. Id., 597. Notice is adequate if it sufficiently apprises
those who may be affected of nature and character of action proposed. Id., 625. Exempting shopping centers from certain
liquor regulations held reasonable. Id. Classification is duty of legislative body. Id. Delay in prosecuting violation by
commission not deemed waiver. Id., 682. Purchasers of property have right to expect that classification will not change
unless new conditions arise which demand rezoning for public good. 146 C. 170. Fact that person other than member of
commission acted as moderator at public hearing does not of itself invalidate such hearing. Id., 531. Upgrading of zone in
residential semirural area is type of regulation generally upheld. Id. Commission must state upon its records its reason for
changing zoning regulation or boundaries of zoning district and such statement should contain only such reasons as motivated commission as collective body. 147 C. 30. Extension of existing business zone held to constitute spot zoning. Id.
Stamford charter provides for review of action of zoning board by board of representatives; held that function of latter
board is legislative and it may act without notice and hearing. 148 C. 33. Unless charter expressly states otherwise, once
zoning commission has adopted zoning regulations, municipality is powerless to amend them. Id. When zoning authorities
act within their prescribed legislative powers, they have a wide and liberal discretion. Id., 68. If change of zone is in
accordance with comprehensive plan and predominating purpose in making change is to benefit community as a whole
rather than landowner, this does not constitute spot zoning even though owner may receive an incidental benefit. Id. Denial
of petition pending action of planning commission, held not to constitute surrender of its functions to planning commission.
Id., 172. Denial of an application "without prejudice" may permit a renewal of such application without waiting twelve
months. Id. Possible that denial of an application "without prejudice" may raise a question whether such matter is appealable.
Id. Rule that zoning board of appeals cannot reverse an earlier decision unless there are changed conditions does not
necessarily apply to zoning commission, which is essentially a legislative body. Id., 299. Provision that board shall state
upon its records its reasons for making a change is directory only, and failure to comply does not make action of commission
void. Id. Test of board's power to change zone is whether change is for benefit of community as a whole rather than for
benefit of particular individual or groups of individuals. Id., 492. Commission tabled application for zone change pending
receipt of additional information to support such change but later approved application without obtaining such information;
held commission was motivated by individual welfare of petitioner and not the common good. Id., 500. In making change
in zone, commission must follow mandates of section 8-2. Id. An important purpose of zoning is to lessen congestion in
streets. Id. Appeals from zoning authorities exist only under statutory authority. Id., 551. Stamford charter provides for
review of the action of its zoning board in amending zoning map either by direct appeal to court or by petition to legislative
body and then an appeal to court from such body's decision; held that each method is complete in itself and having pursued
one, a party is precluded from pursuing the other. Id. Strict compliance with statute is prerequisite to zoning action. 149
C. 76. Legislative history. Id., 77. Where former statute provided, if adequate protest is filed, no zone change can be made
"except by a vote of two-thirds of all the members of the zoning commission" held, an affirmative two-thirds vote of
authorized membership of commission is required. Id., 78. Failure of zoning commission to state on its records any reasons
for zone change did not render action void. 149 C. 411. Cited. Id., 680, 682. Not spot zoning if change results in good of
community as a whole and falls within requirements of comprehensive plan. 150 C. 646. Prior to 1963 amendment of
section 8-7: When no reason given for denial of application for special exception, court must search record to discover
sufficient reason to support decision. No statutory requirement for giving reason for denial. 151 C. 265. Change of small
area from one residential classification to another residential classification does not of itself constitute "spot zoning". Id.,
425. Elements constituting "spot zoning" discussed. 152 C. 7. Cited. Id., 311. "Due process" requirements not violated
because plaintiff did not receive actual notice of zoning ordinance since adoption of ordinance affected every property
owner in the town and such a rule would nullify statutory provision for notice by publication. Id., 325. Fact that zoning
regulations were designated as "interim" does not make them invalid. 153 C. 187. Cited. Id., 483. Board not required to
state a reason for denying a change of zone. Id., 574, 576. Change of zone which is dependent for its proper functioning
on action by other agencies and over which zoning commission has no control cannot be sustained unless the necessary
action appears to be a probability. 154 C. 202, 210. Claim public hearing statutory provision violated not considered as
not raised or passed on by trial court. Id., 463. Variances should be granted charily. Where plaintiff applied for a substantial
variance of set back requirements and board denied application upon grounds of public convenience and welfare, appeal
denied. Id., 484. Notice and filing of zone changes actually adopted distinct from, independent of and in addition to
prehearing notice and filing. 155 C. 12, 16. Filing of map prior to hearing not required unless integral part of proposed
regulations. Id., 20. Statute does not require retention by town clerk of proposed zoning regulations after public hearing
on same. Id. Notice stating that among proposed changes in the zoning regulations was repeal of a paragraph specified by
section and subsection numbers held sufficient. Id., 511. Cited. 156 C. 103. Where public notice contained text of proposed
zoning amendment, notice was sufficient although adopted amendment differed from proposal so as to affect plaintiffs'
interests; fundamental character was not changed. 157 C. 303. Decision rendered after sixty days is not invalid; language
of the section is directory only. Id., 520. Power to grant variance must be sparingly exercised and financial hardship alone
is not sufficient grounds for granting variance. 158 C. 86. Cited. 160 C. 295. Member of zoning commission absent from
public hearing may vote on proposed changes if he sufficiently acquaints himself with evidence presented at hearing. 161
C. 32. One publication in two newspapers, proper notice. 163 C. 45. Cited. 166 C. 207. Where zoning authority has stated
reasons for zone change, reviewing court limits determinations to whether assigned grounds are pertinent and reasonably
supported by the record. Id., 533, 543. Application of a "floating zone" to land in a town requires an application for change
of zone and a public hearing as to the particular property or area. 168 C. 20. The zoning commission acts arbitrarily and
violates the statutory uniformity requirement when it attempts to establish a buffer zone between two zones with different
classifications in a specific instance but not in other instances. Id., 358. Cited. Id., 512. Cited. 170 C. 61. Cited. 173 C. 23.
Cited. 176 C. 439. Cited. 178 C. 657. Cited. 186 C. 106. Cited. 194 C. 152. Cited. 195 C. 276. Cited. 213 C. 604. Cited.
218 C. 65. Cited. 219 C. 139. Cited. 220 C. 455. Cited. 222 C. 380. Cited. 232 C. 122. Cited. 235 C. 448.
Cited. 2 CA 49; Id., 506. Cited. 6 CA 686. Cited. 7 CA 684. Cited. 13 CA 448. Cited. 17 CA 150. Cited. 18 CA 85.
Cited. 23 CA 232. Cited. 25 CA 164. Cited. 27 CA 443. Cited. 41 CA 89. When time requirements for notice are computed,
the terminal days are excluded; purpose of such notice is to fairly and sufficiently apprise those who may be affected by
the proposed action and enable them to prepare intelligently for the hearing; however, when a site plan is separable from
its accompanying documents and the special permit application is for a use not permitted as of right, this section is not
applicable, and where the special permit application must contain a site plan, automatic approval under this section may
not occur if commission does not meet time limits in Sec. 8-3c. 60 CA 504. There is a strong presumption of regularity in
proceedings of a public body such as a municipal planning and zoning commission. The settled standard of review of
questions of fact determined by a zoning authority is that a court may not substitute its judgment for that of the zoning
authority as long as it reflects an honest judgment reasonably exercised. Court's review is based on the record, which
includes the knowledge of the board members gained through personal observation of the site or through their personal
knowledge of the area involved. 99 CA 768.
Improper for zoning board not to state upon its record the reasons it granted a variance. 10 CS 340. Cited. 13 CS 59.
History. Id., 330. Compared with former statute. 15 CS 413. Protest against change of zone may be filed any time before
final definitive action changing zone. 16 CS 42. In term "at least ten days before the hearing" neither terminal date can be
included in the computation of the period. 19 CS 441. Relationship through marriage of real estate agent assisting in
development to zoning official not a disqualifying factor when official's vote was not necessary to decision. Id., 448.
Persons who have signed a protest petition may not, in the absence of fraud, withdraw their names after the public hearing
has been closed or concluded; history of section reviewed. 20 CS 83. News stories mentioning a public hearing held not
to constitute notice. 21 CS 78. This section and sections 8-8 and 8-9 are not so linked that the date of publication of the
notice must be considered as the date the decision was rendered. 26 CS 88. Cited. Id., 169. Where information obtained
at an ex parte meeting and public hearing were obviously taken into consideration by commission members at another
public hearing some eight months later, procedure was improper since zone change opponents were given no opportunity
to ascertain subordinate facts. Id., 500; or cross-examine. Id., 501. Where town's zoning regulations make no provision
for amendment or repeal, this section controls amendments and repeals. 28 CS 278. Adoption of zoning regulations on
Sunday is illegal conduct of secular business. 31 CS 440. Cited 35 CS 246. Cited. 36 CS 281. Cited. 38 CS 492; Id., 590.
Cited. 39 CS 426.
Subsec. (a):
Cited. 211 C. 78. Strict compliance with section prerequisite to amending town zoning regulations. 222 C. 374. Trial
court improperly concluded that plaintiffs had waived their claim that defendant failed to comply with prescribed notice
requirements. Requirement of subject matter jurisdiction cannot be waived by any party and can be raised at any stage of
proceedings. 277 C. 268. Trial court improperly determined that statutory notice requirements were satisfied through
reference to maps on file in tax assessor's office. Mere reference to a map on file in offices of a separate agency does not
constitute adequate notice of boundaries of property affected by proposed zone change. Id. Publication of additional notices
for rescheduled public hearing not required where zoning commission had satisfied notice requirements for the originally
scheduled public hearing. Although failure to comply with requirement of filing a copy of proposed zoning amendment
with town clerk at least ten days before public hearing is a jurisdictional defect that would render commission's zoning
amendment invalid, plaintiff did not sustain its burden of proving that notice requirements were not met. 281 C. 66.
Cited. 20 CA 705, 706. Cited. 25 CA 611, 615; judgment reversed, see 223 C. 171. Cited. 30 CA 454. Failure to
accurately describe subject property was inadequate notice for public hearing. 50 CA 517. Trial court's finding that notice
requirements were not met was clear error. 54 CA 440.
Subsec. (b):
Cited. 212 C. 471. Cited. 224 C. 44. Cited. 235 C. 417.
Cited. 1 CA 621.
Subsec. (c):
Cited. 220 C. 556.
Cited. 23 CA 256. Cited. 28 CA 314.
Cited. 41 CS 218.
Subsec. (d):
Cited. 211 C. 78. Cited. 220 C. 556. Appellate Court erred in concluding that planning and zoning commission could
retroactively validate an otherwise invalid zone change by fixing a new effective date and publishing notice of its decision
prior to that date. Commission's failure to comply with publication requirement rendered the zone change void. 260 C. 399.
Cited. 30 CA 454. Although compliance with notice requirement is mandatory for zone change to be effective, timing
of notice is directory and commission was allowed to fix new effective date and publish required notice. 53 CA 182.
Subsec. (e):
Cited. 186 C. 106, 111, 114. Cited. 221 C. 374, 378.
Subsec. (f):
Cited. 192 C. 367. Cited. 221 C. 374. Cited. 225 C. 575. Although federal regulations allow a local zoning commission
to consider compliance with local health regulations in evaluating recreational uses within a hydroelectric power project,
federal regulations do not require that licensee obtain local zoning and building permits for development of recreational
resources. 285 C. 498.
Cited. 6 CA 284.
Subsec. (g):
Cited. 192 C. 353. Cited. 194 C. 187. Cited. 211 C. 331. Cited. 215 C. 527. Cited. 222 C. 262; Id., 269; Id., 607; Id.,
911. Cited. 223 C. 171. Cited. 224 C. 44; Id., 96; Id., 106; Id., 924. Cited. 225 C. 432; Id., 575. Cited. 226 C. 579; Id., 684.
Cited. 227 C. 799. If site plan and accompanying documents are seperable, subsection does not apply. 253 C. 183.
Cited. 2 CA 489. Cited. 3 CA 556. Cited. 6 CA 284. Cited. 15 CA 561. Cited. 17 CA 405. Cited. 25 CA 392; judgment
reversed, see 222 C. 607. Cited. 28 CA 314. Cited. 29 CA 1; Id., 469. P.A. 87-533 cited. Id. Cited. 35 CA 317. Cited. Id., 599.
Subsec. (i):
Cited. 17 CA 405.