Plan now for next year’s construction
Now is the time to start figuring out what zoning approvals you’ll need, and how to get them.
We are heading into winter, but now is the time to start thinking about spring — spring construction, that is.
Whether you’re a professional real estate developer, a restaurateur fitting up your space, or a homeowner building an addition, you’ll need approval from local zoning authorities. Zoning controls everything from what uses can exist where (e.g., liquor stores and schools), to limits on height and density, to how far structures must be set back from roads and neighbors. In Connecticut, zoning decisions are made by volunteers elected or appointed to zoning boards/ commissions and zoning boards of appeal.
Here are some terms you need to know:
Zoning permit/certificate of compliance. This is the simplest type of zoning application, called “over the counter” because it can be granted by zoning staff after office review, rather than review by the zoning board. It simply confirms that the structures on your property comply with zoning regulations, a requirement for a building permit. Staff generally has no discretion to grant or deny a permit — if your structure complies, you’re entitled to the permit.
Site plan review. This is the most straightforward application that goes before your zoning board. The board determines whether what you’re proposing to build complies with existing zoning regulations, usually without a public hearing.
Special permit/special exception. This is meant for uses that
may be permitted under certain circumstances, subject to zoning board approval. Classic examples include houses of worship, private schools and recreational clubs, which are generally permitted in residential zones, but are more closely scrutinized than residences. A public hearing is required, where members of the public can speak for or against an application. Zoning boards have an intermediate level of discretion to determine whether the criteria for a special permit have been met, and also to impose reasonable conditions (such as limiting hours of operation, noise levels or outdoor lighting).
Zone change/text change. This is where a property owner (or the municipality itself ) asks the zoning board to change what zone a property lies in, or to actually change the text of the zoning regulations — often to allow a use not currently allowed. Because zoning boards control the “map” of the different zones in town as well as the content of the zoning regulations, boards have nearly unlimited discretion to grant or deny zone changes and text changes. The decision is based largely on whether such a change would be consistent with the municipality’s plan of conservation and development — a master plan for development that must be updated at least every 10 years.
Variance. An application for a variance does not involve whether a proposed structure complies with zoning regulations; rather, it acknowledges that the proposed use does not comply, and asks that it be allowed anyway. By law, this application goes to the separate zoning board of appeals rather than the zoning board. In Connecticut, to justify a departure from the zoning rules, applicants for a variance must generally show that the regulations cause them unusual hardship due to peculiarities in the specific property. Substantial discretion is given to the board on variance applications; as a practical matter, variances are routinely granted when there is no objection by a neighbor, and often denied if a neighbor objects.
So, to get a jump on a potential construction project for next year, now is the time to start figuring out what zoning approvals you’ll need, and how to get them.
Leonard Braman is a partner at the law firm of Wofsey Rosen Kweskin & Kuriansky LLP in Stamford and can be reached at 203-327-2300. His practice includes zoning and litigation, and he is co-chair of the firm’s land use group. He is vice chair of the Fairfield Plan & Zoning Commission.