Connecticut § 14-54 - Location to be approved by local authorities.

§ 14-54. Location to be approved by local authorities.

Sec. 14-54. Location to be approved by local authorities. Any person who desires to obtain a license for dealing in or repairing motor vehicles shall first obtain and present to the commissioner a certificate of approval from the zoning enforcement official of the municipality where such license is desired, affirming that the proposed location and use of the property conform to the zoning regulations of such municipality. In addition thereto, such certificate shall be approved by the local building official and local fire marshal. The provisions of this section shall not apply to (1) a transfer of ownership to a spouse, child, brother, sister or parent of a licensee, (2) a transfer of ownership to or from a corporation in which a spouse, child, brother, sister or parent of a licensee has a controlling interest, or (3) a change in ownership involving the withdrawal of one or more partners from a partnership.

(1949 Rev., S. 2394; 1953, S. 1310d; P.A. 77-614, S. 486, 587, 610; P.A. 78-303, S. 85, 136; P.A. 84-195; P.A. 89-244, S. 2; P.A. 03-184, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 70; P.A. 05-218, S. 22; P.A. 06-133, S. 23; P.A. 16-55, S. 4; P.A. 23-40, S. 30.)

History: P.A. 77-614 and P.A. 78-303 made state police department a division within the department of public safety, effective January 1, 1979; P.A. 84-195 exempted from the approval of location requirement transfers of ownership to an immediate family member or certain changes in ownership; P.A. 89-244 exempted from the approval of location requirement transfers of ownership to or from a corporation in which an immediate family member of a licensee has a controlling interest; P.A. 03-184 replaced requirement for approval of certificate by chief elected official or zoning board of appeals with requirement that the certificate be obtained from the zoning commission, planning and zoning commission or other board or authority of the municipality; June 30 Sp. Sess. P.A. 03-6 replaced provision authorizing the zoning commission or combined planning and zoning commission to issue certificate of approval with provision that in any town or city with a zoning commission, combined planning and zoning commission and a board of appeals, such certificate shall be obtained from the board of appeals; P.A. 05-218 replaced provisions re certificate obtained from board of appeals and approved by chief of police or commander of state police situated nearest to location with provision re certificate obtained from zoning commission and made a technical change; P.A. 06-133 designated existing provisions as Subsec. (a) and amended same to apply only to municipalities having population of no less than twenty thousand and added Subsec. (b) applicable to municipalities having population of less than twenty thousand, effective June 6, 2006; P.A. 16-55 deleted former Subsec. (a) re obtaining license in municipality having population of no less than 20,000, deleted Subsec. (b) designator, deleted provision re obtaining license in municipality with population of less than 20,000 and replaced provision re approval by chief of police or commander of state police barracks with provision re approval by local building official and local fire marshal, effective July 1, 2016; P.A. 23-40 replaced provision re certificate of approval from municipal board or authority or board of appeals with provision re certificate of approval from municipal zoning enforcement official and added provision re affirmation that location and use of property conform to municipal zoning regulations, effective July 1, 2023.

Cited. 134 C. 151; 140 C. 210. In determining application of certificate of approval of a motor vehicle repair business, the zoning commission acts in a special capacity and not under municipal zoning ordinances or zoning statutes; it serves as the local agency named by the General Assembly to determine whether a certificate of approval should be issued. 143 C. 634. Cited. 147 C. 469; 154 C. 540; 218 C. 265.

Cited. 21 CA 347; 24 CA 369; 28 CA 500. Local zoning board of appeals acts as an agent of the state when it undertakes consideration of a certificate of approval and therefore is governed by Uniform Administrative Procedure Act. 48 CA 599. In reviewing a location approval application, a municipal zone board is obligated to make a determination, irrespective of the permitted nature of the proposed use, on whether a certificate of approval should be issued. 213 CA 200.

Cited. 12 CS 70.