Sec. 8-3e. Regulation of community residences for persons with intellectual disability, child-care residential facilities, community residences for persons receiving mental health or addiction services and hospice facilities.
405 words·~2 min read·
/ct/title-8/chapter-124-zoning/8-3eA research copy — for the controlling text, always check the official state or federal source. Not legal advice.
(a)No zoning regulation shall treat the following in a manner different from any single family residence:
(1)Any community residence that houses eight or fewer persons with intellectual disability and necessary staff persons and that is licensed under the provisions of section 17a-227 ,
(2)any child-care residential facility that houses eight or fewer children with mental or physical disabilities and necessary staff persons and that is licensed under sections 17a-145 to 17a-151 , inclusive,
(3)any community residence that houses eight or fewer persons receiving mental health or addiction services and necessary staff persons paid for or provided by the Department of Mental Health and Addiction Services and that has been issued a license by the Department of Public Health under the provisions of section 19a-491 , if a license is required, or
(4)any residence that provides licensed hospice care and services to eight or fewer persons, provided such residence is
(A)managed by an organization that is tax exempt under Section 501(c)(3) of the Internal Revenue Code of 1986, or any subsequent corresponding internal revenue code of the United States, as from time to time amended;
(B)located in a city with a population of more than one hundred thousand and within a zone that allows development on one or more acres;
(C)served by public sewer and water; and
(D)constructed in accordance with applicable building codes for occupancy by eight or fewer persons who are not capable of self-preservation.
(b)Any resident of a municipality in which such a community residence or child-care residential facility is located may, with the approval of the legislative body of such municipality, petition
(1)the Commissioner of Developmental Services to revoke the license of such community residence on the grounds that such community residence is not in compliance with the provisions of any statute or regulation concerning the operation of such residences,
(2)the Commissioner of Children and Families to revoke the license of such child-care residential facility on the grounds that such child-care residential facility is not in compliance with the provision of any general statute or regulation concerning the operation of such child-care residential facility, or
(3)the Commissioner of Mental Health and Addiction Services to withdraw funding from such community residence on the grounds that such community residence is not in compliance with the provisions of any general statute or regulation adopted thereunder concerning the operation of a community residence.