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06/08/2021 04:00 PMControversial proposals that could have diluted municipal decision-making powers related to zoning and land use generated a lot of interest this legislative session, but ultimately the bulk of the new proposals did not come to pass. The zoning legislation that now awaits Governor Ned Lamont’s signature is a conglomeration of numerous legislative proposals from various committees. It does not address the affordable housing statute, 8-30g.
“There is some zoning reorganization language in there, technical fixes, probably the most significant aspect of that bill is the approval of accessory dwelling units, attached or detached, as of right,” said Democratic 33rd District State Senator and First Selectman Norman Needleman, speaking at the June 2 Essex Board of Selectmen meeting.
Under the legislation, these apartments, or accessory dwelling units (ADU), can be built on the same lot as single-family homes, but a municipality can opt out of this provision.
Needleman said that this type of housing is already permitted in Essex, but regulations related to setbacks and other health, safety, and fire requirements would limit applicability to certain property owners.
“So, the really small lots will probably not be able to do it, but typically people who own a single-family home on an acre or two may well be able to build a smaller guest house or an accessory dwelling unit,” said Needleman.
This type of housing would not count toward a municipality’s base housing stock for purposes of affordable housing calculations under 8-30g.
“The argument is that it makes it easier for younger people and older people to live in houses that maybe have relatives, but I can’t imagine any single-family homeowner deed restricting these so that they are affordable by the legal definition of affordability,” said Needleman.
The bill does touch briefly on certain aspects of housing segregation that was discussed at length during the legislative session by fair housing advocacy groups such as Desegregate CT. The bill eliminates a requirement that zoning regulations be designed to prevent overcrowding and undue population concentration. It also removes consideration of a district’s “character.”
Instead, the bill’s requirements include that zoning regulations provide for varied housing opportunities and that they further the purposes of the federal Fair Housing Act, which prohibits discrimination based on race, color, national origin, sex, familial status, or disability.
The bill specifies that towns must prepare and adopt their first plans to increase the number of affordable housing units within their jurisdictions by June 1, 2022. It also authorizes towns to submit their affordable housing plans as part of their plan of conservation and development.
A set number of required training hours for certain land use officials is required under the bill, as well as having a town’s zoning enforcement officer (ZEO) be certified by the state’s professional ZEO association.
The bill also limits local authority to require a certain number of parking spaces for a dwelling unit depending on the number of bedrooms in that unit, although there is a municipal opt-out for this provision.
It also allows towns to charge technical consultant fees and prohibits the charging of higher land use application fees for larger residential projects.
“This bill accomplishes some stuff, and my way of thinking is, it doesn’t accomplish nearly everything that people on one side wanted to accomplish, and it doesn’t eliminate all the things that people on the other side wanted,” said Needleman. “It was a compromise bill.”