Sec. 8-3c. Special permits, exceptions and exemptions. Hearings. Filing requirements.
Sec. 8-3c. Special permits, exceptions and exemptions. Hearings. Filing requirements. (a) If an application for a special permit or special exception involves an
activity regulated pursuant to sections 22a-36 to 22a-45, inclusive, the applicant shall
submit an application to the agency responsible for administration of the inland wetlands
regulations no later than the day the application is filed for a special permit or special
exception.
(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 8-2g. Such hearing shall be held in accordance with the provisions of section 8-7d. The commission shall not render a decision on the application
until the inland wetlands agency has submitted a report with its final decision to such
commission. In making its decision the zoning commission shall give due consideration
to the report of the inland wetlands agency. Such commission shall decide upon such
application or request within the period of time permitted under section 8-7d. Whenever
a commission grants or denies a special permit or special exception, it shall state upon
its records the reason for its decision. Notice of the decision of the commission shall
be published in a newspaper having a substantial circulation in the municipality and
addressed by certified mail to the person who requested or applied for a special permit
or special exception, by its secretary or clerk, under his signature in any written, printed,
typewritten or stamped form, within fifteen days after such decision has been rendered.
In any case in which such notice is not published within such fifteen-day period, the
person who requested or applied for such special permit or special exception may provide
for the publication of such notice within ten days thereafter. Such permit or exception
shall become effective upon the filing of a copy thereof (1) in the office of the town,
city or borough clerk, as the case may be, 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,
and (2) in the land records of the town in which the affected premises are located, in
accordance with the provisions of section 8-3d.
(1971, P.A. 862, S. 14; P.A. 77-450, S. 2; 77-509, S. 3; P.A. 87-215, S. 3, 7; 87-533, S. 8, 14; P.A. 88-338, S. 2, 5;
P.A. 89-356, S. 12; P.A. 90-230, S. 12, 101; P.A. 03-177, S. 3.)
History: P.A. 77-450 deleted requirement that public hearing be held within 65 days and replaced requirement that
decision be rendered within 65 days with requirement for rendering decision within time period under Sec. 8-7d; P.A. 77-509 changed effective date from time fixed by commission to time when filed in clerk's office and in land records; P.A.
87-215 authorized zoning commission to provide by regulation for additional notice by mail to adjacent landowners; P.A.
87-533 added Subsec. (a) regarding applications involving activity regulated pursuant to Secs. 22a-36 to 22a-45, inclusive,
designated prior provisions as Subsec. (b) and added provision to require that the commission's decision be rendered after
the inland wetlands agency has made its report and that the commission consider such report; P.A. 88-338 added applications
for special exemption under Sec. 8-2g to Subsec. (b); P.A. 89-356 amended Subsec. (b) to authorize the person who
requested or applied for a special permit or special exception to provide for the publication of the notice of the decision
of the commission when such notice is not timely published; P.A. 90-230 made a technical correction in Subsec. (b) by
substituting reference to "permit" for reference to "variance"; P.A. 03-177 amended Subsec. (b) to replace provisions re
notice of time and place for public hearing and optional notice by mail to adjacent landowners with provision requiring
that the public hearing be held in accordance with Sec. 8-7d, effective October 1, 2003, and applicable to applications filed
on or after that date.
Cited. 206 C. 554. Cited. 218 C. 65. When approval for site plan and special exception are separate actions, provisions
re statutory timelines do not apply. 253 C. 195.
Cited. 5 CA 455. Cited. 7 CA 684. Cited. 18 CA 85. Cited. 24 CA 163. Cited. 29 CA 1. Cited. 38 CA 171. Cited. 41
CA 89. Cited. 45 CA 89.
Cited. 42 CS 256.
Subsec. (b):
Cited. 213 C. 604. Cited. 220 C. 455. Cited. 224 C. 924. Cited. 227 C. 799.
Cited. 20 CA 705. Cited. 29 CA 469. P.A. 87-533 cited. Id. Cited. 30 CA 395; judgment reversed, see 230 C. 452. Trial
court properly determined that failure of planning and zoning commission to comply with statutory notice and hearing
requirements entitled individual plaintiffs to automatic approval of their application for special permit and site plan approval; notice of commission hearing was invalid and because failure to give proper notice was a jurisdictional defect,
action of commission in denying plaintiffs' application was void. 52 CA 763. Fifteen-day notice requirement is substantive,
not a matter of procedure or convenience. 55 CA 359.
Subsec. (c):
Cited. 218 C. 737.