The Norwalk Hour

Plan now for next year’s constructi­on

- By Leonard Braman

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.

 ?? Ned Gerard / Hearst Connecticu­t Media ?? The Residences at Main under constructi­on in Trumbull in November.
Ned Gerard / Hearst Connecticu­t Media The Residences at Main under constructi­on in Trumbull in November.

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