18 Spec. Laws 1045, No. 478 An Act Creating Zoning Districts in the City of New Haven

The city of New Haven is authorized to regulate and limit the height and bulk of structures to be erected; to regulate and limit the use of lot areas, the minimum areas or dimensions of rear, side and front yards of outer and inner courts and other open spaces within and surrounding any such structure; to classify, regulate and restrict the location of trades and industries and the location of structures designed for specified uses; to divide the city of New Haven into districts of such number, shape and area as may be deemed best suited to carry out the provisions of this act. Regulations may be imposed in each district specifying the uses that shall be excluded or subjected to reasonable requirements of a special nature and designating the uses for which buildings may not be erected or altered. The regulations shall be uniform for each class of buildings throughout any district. The regulations in one or more districts may differ from those in another district.

The commission shall recommend the boundaries of districts and appropriate regulations and restrictions to be enforced therein. Such commission shall make a tentative report and hold a hearing thereon. Notice of such hearing shall be given by publication at least fifteen days before the date of such hearing in a newspaper having circulation in said city. Such notice shall state the time and place of such hearing, and that copies of the proposed ordinance, with the accompanying maps, may be seen at a designated place. Said meeting may be adjourned from time to time. Within thirty days after the final adjournment of such hearing, the commission shall make a report to the legislative authority of the city, and submit a proposed ordinance under the provisions of this act. Such ordinance, when enacted by proper authority, may be referred to the commission for further consideration. All ordinances, when adopted under the provisions of this act, shall be enforced under the authority of an officer to be designated by such ordinance.

All regulations imposed and the districts created under the provisions of this act may be changed or altered from time to time by ordinance, but no such change or alteration shall be made without a hearing. The commission shall give notice and proceed with such hearing in the same manner as is herein provided. Upon the report of the commission, any amendment, alteration or repeal which is disapproved in the final report of the zoning commission shall not be adopted except by the favorable vote of at least three-fourths of the legislative authority of said city. When the owners of fifty per centum of the frontage n any district or part hereof shall present a petition to the mayor, requesting an amendment to or repeal of any such regulation, the mayor shall refer such proposed amendment or repeal to the commission for its consideration and recommendation, and said commission shall, within ninety days from the receipt of such petition, submit a report to the legislative authority of said city, for approval or disapproval. Upon such approval or disapproval a protest may be presented to said legislative authority and signed by twenty per centum of the owners of the frontage of the property immediately affected by the proposed amendment or repeal or by the owners of twenty per centum of the frontage of the rest of the block or blocks affected, or by the owners of twenty per centum of the frontage directly opposite the property immediately affected by such amendment or repeal. Such amendment or repeal shall not be adopted except by a three-fourths vote of all the members of the legislative authority.

The mayor of the city of New Haven, subject to the approval of the legislative authority, shall appoint a board of zoning appeals, to consist of five members, of whom not more than three shall be officials of said city. Any person claiming to be aggrieved by any order, requirement, decision or determination made by the administrative official charged with the enforcement of any ordinance adopted pursuant to the provisions of this act, may file an appeal in writing from such order, requirement, decision or determination to said board of zoning appeals, who, after due notice to the authority from whose decision said appeal is taken, shall hear and determine the legality and reasonableness of such order, requirement, decision or determination. The concurring vote of four members of the board shall be necessary to reverse such order, requirement, decision or determination. Such appeal shall stay all proceedings in furtherance of the action appealed from. When such an appeal shall be taken said board of zoning appeals shall, within thirty days, set a time for a hearing thereon and shall give due notice to the parties in interest, including the authority from whose order, requirement, decision or determination the appeal has been taken, of the time and place of such hearing. Said board of appeals may reverse or affirm, in whole or part, or may modify such order, decision, requirement or determination appealed from, and to that end it shall have all the powers of the authority from whose decision such appeal shall have been taken. When it shall appear to at least four members of said board that practical difficulties or unnecessary hardship might result in carrying out the strict letter of any ordinance concerning which an appeal has been taken, said board shall have the power, after such hearing is concluded, to vary or modify the application of the rules, regulations and provisions, relating to the construction, structual changes in, equipment or alteration of, buildings or structures; provided such change, modification or variance shall not violate the spirit of the ordinance. Any person, including any official charged with the enforcement of any order, requirement, decision or determination, claiming to be aggrieved by the decision of said board may, within fifteen days from the date when such decision shall have been rendered, take an appeal to the superior court for New Haven county and such appeal shall be made returnable to said court in a manner similar to that prescribed for the commencement of civil actions. Notice of the pendency of such appeal shall be given by leaving a true and attested copy thereof with such board within twelve days before the return day to which such appeal shall have been taken. The appeal shall state the ground or reasons upon which the same is predicted and shall stay all proceedings in furtherance of the action complained of until such appeal shall have been duly heard and disposed of by said superior court. The authority issuing the citation in such appeal shall take from the appellant a bond of recognizance to said board with surety, to prosecute such appeal to effect and comply with and conform to the order and decrees of the court. If it shall appear to the court on the trial of such cause that there has been an abuse of reasonable discretion on the part of said board, or that its decision is based upon a mistake or misconstruction of the law, or that such decision is the result of mistake or fraud, then such order, requirement, decision or determination shall be set aside and vacated; otherwise it shall remain in full force and effect. Appeals from the decision of said board shall be preferred cases, to be heard by said court, unless good cause is shown to the contrary, as soon after the return day as practicable, and may be referred by the court in its discretion to one of the state referees, to be heard and proceeded with by such referee in the manner provided for civil actions.