AGO 1990-027.

• Case Date: August 13, 1990
• Court: Connecticut

Connecticut Attorney General Opinions 1990. AGO 1990-027. August 13, 1990Opinion No. 1990-027Honorable Elliot A. GinsbergCommissionerDepartment of Human Resources1049 Asylum AvenueHartford, Connecticut 06105 Dear Commissioner Ginsberg: By memoranda dated October 20, 1989, you asked for a formal opinion on whether there are any statutes which prohibit towns from imposing "special exception" zoning permit requirements on family day care homes that are registered by the Department of Human Resources. It is our opinion that Conn. Gen. Stat. e§17-31q(b) and 1990 Conn. Pub. Acts No. 90-286, e§4 (eff. 6/8/90) prohibit municipalities from imposing "special exception" zoning permit requirements on registered family day care homes. A family day care home is defined by Conn. Gen. Stat. e§19a-77(3) as a private family residence where a maximum of nine children can be cared for by a registered day care provider. According to your memoranda, the Town of Wethersfield is charging a $100.00 application fee for a special exception to provide day care from the local Zoning Board of Appeals and a $70.00 deposit for a sign post notifying the public that an application is pending. 1 Day care providers are further required to attend a hearing before the Zoning Board of Appeals for a determination on whether their applications for a special exception will be granted or denied. A special zoning exception, which is also known as a special permit, allows a property owner to use his property for certain purposes only if it meets the special exception zoning requirements. A.P. & W. Holding Corp. v. Planning & Zoning Board, 167 Conn. 182, 185 (1974). Municipal "zoning authorities can exercise only such power as has been validly conferred upon them by the legislature". Hinman v. Planning and Zoning Commission, 26 Conn. Supp. 125 at 128, 214 A.2d 131, 133 (1965) (Citations omitted). Municipalities which have adopted the provisions of Chapter 124 pursuant to Conn. Gen. Stat.§e8-1 have a general grant of authority to promulgate special exception regulations under Conn. Gen. Stat.§e8-2. 2 Municipalities which have legislative bodies acting as zoning commissions pursuant to municipal charters or special acts may also have the authority to issue special exception regulations as home rule ordinances pursuant to the terms of the individual charters and special acts. See Conn. Gen. Stat.§ee8-1, 7-148 and 7-188 regarding home rule ordinances. In 1988, the legislature amended Conn. Gen. Stat. e§17-31q(b) by adding the following language: A registered family day care home shall not be subject to any conditions on the operation of such home other than those imposed by the department pursuant to this subsection, if the home complies with all local codes and ordinances applicable to single and...