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Torrington planning commission adopts zoning changes clarifying pre-existing nonconforming uses and excavation rules
Summary
The Planning and Zoning Commission approved amendments to Section 5.12 (nonconforming uses) and Section 6.4 (excavations) to align local rules with recent state law and an appellate court decision; the changes set measurable standards for setback relief, restore some review requirements, and remove neighborhood-character language.
The Torrington Planning and Zoning Commission on Feb. 26 approved a package of zoning regulation amendments aimed at clarifying how the city treats legal pre‑existing nonconforming uses and regulating excavation operations.
City planner Jeremy Leifert told the commission the changes respond to state statutory changes and a Connecticut appellate court decision. “These statutory changes state that the Commission may not require a special exception for any use deemed legal pre existing nonconforming,” Leifert said, and he cited the McKenzie et al. v. Planning and Zoning Commission of the Town of Monroe appellate decision in his presentation.
Leifert said the amendment sets measurable rules for any bulk‑regulation reductions requested for excavations, including setbacks. “Any bulk regulation reductions such as excavation setbacks and operation area must be applied to a set of measurable standards,” he said, adding that the proposal would allow special‑exception relief for excavation setbacks only down to the standard building setback in the zone and that any further relief must be sought from the Zoning Board of Appeals through the statutory hardship variance process.
The amendments also clarify that continued legal nonconforming use of land does not exempt property owners from periodic site‑plan approvals or other administrative permits such as wetlands or floodplain approvals. Leifert noted the proposed edits remove references to “neighborhood character” as a ground for approval or denial, saying Public Act 2021‑29 and later state guidance required that change.
No members of the public spoke for or against the proposed text during the public hearing. The commission voted to approve the regulation amendments; the motion as adopted states the effective date will be the day after publication of the legal notice of decision in the local newspaper.
The commission entered related materials — legislative citations and an appellate court summary — into the public record and received a letter of review from the Northwest Hills Council of Governments that flagged no regional conflicts. Leifert said the city has mailed required notices to adjacent towns and that staff and regional reviewers generally supported the text.
