AGENDA REQUEST
PUBLIC HEARING TO OPT OUT OF PA21-29 (CGS 8.2(o))
Subject:
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Public Hearing to opt out of PA21-29 (CGS 8.2(o))
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Background:
To retain the local zoning control of its parking and accessory unit regulations, as local circumstances may dictate in future, the Town must opt out of the provisions of PA 21-29 before January 1, 2023.
Minimum Parking Requirements
PA 21-29 states that zoning regulations may not require more than one parking space for each studio or one- bedroom dwelling unit or more than two parking spaces for each dwelling unit with two or more bedrooms.
The Town of Ledyard has proposed amendments the current Zoning Regulations to eliminate any minimum number of onsite parking spaces per dwelling unit in residential developments to comply with PA 21-29, but would like to reserve the right to make changes in the future if needed.
Accessory Apartments
PA 21-29 states that:
(a) Any zoning regulations adopted pursuant to section 8-2 of the general statutes, as amended by this act, shall
(1) Designate locations or zoning districts within the municipality in which accessory apartments are allowed, provided at least one accessory apartment shall be allowed as of right on each lot that contains a single-family dwelling and no such accessory apartment shall be required to be an affordable accessory apartment;
(2) Allow accessory apartments to be attached to or located within the proposed or existing principal dwelling, or detached from the proposed or existing principal dwelling and located on the same lot as such dwelling;
(3) Set a maximum net floor area for an accessory apartment of not less than thirty per cent of the net floor area of the principal dwelling, or one thousand square feet, whichever i s less, except that such regulations may allow a larger net floor area for such apartments;
( 4) Require setbacks, lot size and building frontage less than or equal to that which is required for the principal dwelling, and require lot coverage greater than or equal to that which is required for the principal dwelling;
(5) Provide for height, landscaping and architectural design exceed any such standards as they are applied to single standards that do not family dwellings in the municipality;
(6) Be prohibited from requiring
(A) a passageway between any such apartment and any such principal dwelling,
(B) an exterior door for any such accessory apartment, except as required by the applicable building or fire code,
(C) any more than one parking space for any such accessory apartment, or fees in lieu of parking otherwise allowed by section 8 2c of the general statutes,
(D) a familial, marital or employment relationship between occupants of the principal dwelling and accessory apartment,
(E) a minimum age for occupants of the accessory apartment
(F) separate billing of utilities otherwise connected to, or used by, the principal dwelling unit, or
(G) periodic renewals permits for such accessory apartments; and
(7) Be interpreted and enforced such that nothing in this section shall be in derogation of (A) applicable building code requirements, (B) the ability of a municipality to prohibit or limit the use of accessory apartments for short-term rentals or vacation stays, or (C) other requirements where a well or private sewerage system is being used, provided approval for any such accessory apartment shall not be unreasonably withheld.
(b) The as of right permit application and review process for approval of accessory apartments shall require that a decision on any such application be rendered not later than sixty-five days after receipt of such application by the applicable zoning commission, except that an applicant may consent to one or more extensions of not more than an additional sixty five days five days or may withdraw such application.
(c) A municipality shall not
(1) condition the approval of an accessory apartment on the correction of a nonconforming use, structure or lot, or
(2) require the installation of fire sprinklers in an accessory apartment if such sprinklers are not required for the principal dwelling located on the same lot or otherwise required by the fire code.
(d) A municipality, special district, sewer or water authority shall not
(1) consider an accessory apartment to be a new residential use for the purposes of calculating connection fees or capacity charges for utilities, including water and sewer service, unless such accessory apartment was constructed with a new single-family dwelling on the same lot, or
(2) require the installation of a new or separate utility connection directly to an accessory apartment or impose a related connection fee or capacity charge.
Section 8.1 of the Ledyard Zoning Regulations
8.1 Accessory Apartment (Effective 8/4/22)
A. General Requirements: An accessory apartment is allowed as an accessory use to a legally existing, single-family residence on an approved single-family residential lot in any zone pursuant to these regulations and as required by C.G.S.A 8.2 (o).
The following requirements apply to all accessory apartments:
1. No more than one (1) accessory apartment is allowed per parcel.
2. No accessory apartment shall be approved as an accessory to a duplex residential or multi-family residential use.
3. The accessory apartment may be either attached or detached.
4. The net floor area of an attached or detached accessory apartment shall not exceed 30% of the net floor area of the primary residence (not including unfinished basements/attics, decks or detached accessory structures) with an overall maximum of 1,000 square feet. For an accessory apartment located entirely in a basement, there shall be no maximum size limit.
5. If the accessory apartment is located entirely within a one-story detached garage, or within the second story of an attached or detached garage, the maximum size may be increased to 1,000 square feet in size regardless of the size of the principal residence. Maximum height shall be in accordance with the bulk table for a principal structure (80% size/ height rule does not apply to detached accessory apartments).
6. Recreational vehicles, travel trailers, manufactured or mobile manufactured homes, structures that previously operated as or were intended to be motor vehicles, and/or structures on wheels (i.e. Park Model Trailers; Tiny Homes) shall not be used as accessory apartments, except that manufactured homes, including mobile manufactured homes, having as their narrowest dimension twenty-two feet or more and built in accordance with federal manufactured home construction and safety standards homes shall be permitted provided they comply with these and all applicable regulations (particularly those pertaining to location and size limits).
7. The accessory apartment shall be self-contained, with cooking, sanitary and sleeping facilities for the exclusive use of the occupant(s).
8. A new driveway curb cut to serve the principal unit, or an accessory apartment shall not be permitted.
9. One (1) dedicated parking space shall be provided for the accessory apartment.
10. An accessory apartment (and the utilities necessary to service it) shall meet all applicable health, building and fire code requirements.
Process to opt-out
The Ledyard Planning and Zoning Commission, by a two-thirds vote, may initiate the process by which such municipality opts the provisions of said subsections regarding minimum parking requirements and allowance of accessory apartments, provided such commission: (1) First holds a public hearing in accordance with the provisions of section 8 7d of the general statutes on such proposed opt-out, (2) affirmatively decides to opt out of the provisions of said subsections within the period of time permitted under section 8-7d of the general statutes, (3) states upon its records the reasons for such decision, and (4) publishes notice of such decision in a newspaper having a substantial circulation in the municipality not later than fifteen days after such decision has been rendered.
Thereafter, the municipality's legislative body or, in a municipality where the legislative body is a town meeting, its board of selectmen, by a two-thirds vote, may complete the process by which such municipality opts out of the provisions of subsections (a) to (d), inclusive, of this section, except that, on and after January 1, 2023, no municipality may opt out of the provisions of said subsections
Department Comment/Recommendation:
Set a Public Hearing for October 13, 2022 in accordance with CGS 8-7