19 Spec. Acts 1006, No. 490 An Act Amending an Act Creating Zoning Districts in the City of New Haven

The board of aldermen of the city of New Haven is authorized, by ordinance, to regulate the height and bulk of structures to be erected and to limit the use of lot areas; the minimum areas of dimensions of rear, side and front yards or outer and inner courts and other open spaces within and surrounding any structure; the density of population and the location and use of buildings, structures and land for trade, industry, residence or other purposes; to classify, regulate and restrict the location of trades and industries and the location of structures designed for special uses; to divide the city of New Haven into districts of such number, shape and area as may be 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 or structures throughout any district. Regulations in one or more districts may differ from those in another district. Such regulations may provide that a board of appeals may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules therein contained.

Such regulations shall be made in accordance with a comprehensive plan and shall be designed to lessen congestion in the streets; to secure safety from fire, panic and other dangers; to promote health and the general welfare; to provide adequate light and air; to prevent the over-crowding of land; to avoid undue concentration of population; to facilitate the adequate provision for transportation, water, sewerage, schools, parks and other public requirements. Such regulations shall be made with reasonable consideration, as to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality.

The zoning commission, heretofore appointed by the mayor of the city of New Haven under an act creating zoning districts in the city of New Haven, approved June 24, 1921, is continued in office and is granted the powers and charged with the duties created by this act.

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 designating place. Such 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 board of aldermen of the city and submit a proposed ordinance in accordance with the provisions of this act. Such proposed ordinance may be, by said board of aldermen, referred to the zoning 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.

The 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 until the proposed change shall have been referred to the zoning commission for a hearing. Said commission shall, upon receipt from the board of aldermen of such proposed change, give notice and proceed with a hearing in the same manner as is herein provided and shall report to said board of aldermen its recommendations in the matter, within thirty days after receipt by it of the proposal for a change. Thereafter the board of aldermen may, by ordinance adopted in the usual manner, make the proposed change. When the owners of fifty per centum of the frontage in any district or part thereof shall present a petition to the mayor requesting an amendment or repeal of any such regulation, the mayor shall forthwith refer such proposed amendment or repeal to the commission for its further consideration and recommendation, and said commission shall, within ninety days from the receipt of such petition, submit a report to the board of aldermen of said city of such approval or disapproval. If twenty per centum of the owners of the frontage of the property immediately affected by the proposed amendment or repeal or, if the owners of twenty per centum of the frontage of the rest of the block or blocks affected or the owners of twenty per centum of the frontage directly opposite the property immediately affected by such amendment or repeal, shall, within fifteen days after the filing of the report of said commission, file a protest in writing, signed by them with the city clerk, such amendment or repeal shall not be adopted unless recommended by the zoning commission or unless three-fourths of the members of the board of aldermen shall vote in favor of such amendment or repeal.

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 may be officials of said city. Any person, claiming to be aggrieved by any order, requirement or decision 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 or decision to said board of zoning appeals, which, after due notice to the authority from whose decision said appeal shall be taken, shall hear and determine the legality and reasonableness of such order, requirement or decision. Upon receiving notice of such appeal, the zoning commission shall transmit all papers covering the matter from which the appeal is taken to the board of zoning appeals, which papers shall, by said board of appeals, be returned to the zoning commission when final action upon the matter has been taken. The concurring vote of four members of the board shall be necessary to reverse such order, requirement or decision. Such appeal shall stay all proceedings in the action appealed from unless the officer from whom the appeal shall have been taken shall certify to the board of appeals after notice of appeal shall have been filed with him that, by reason of the facts stated in the certificate, a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order, which may be granted by a court of record on application, on notice to the officer from whom the appeal shall have been taken and on due cause shown. When such 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 or decision the appeal has been taken, of the time and place of such hearing. The chairman of said board of appeals, or, in his absence, the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of said board shall be open to the public. Said board shall keep minutes of its proceedings, showing the vote of each member upon every question or, if absent or failing to vote, indicating such fact; and shall also keep records of its examination and other official actions. Every rule or regulation and every document or repeal thereof, and every order, requirement or decision of the board shall immediately be filed in the office of the board and shall be a public record. The chairman of the zoning commission shall designate a member of such commission to sit with the board of zoning appeals and such member so designated shall have the right to attend all meetings of the board of zoning appeals and be heard but shall not have any vote. Said board of appeals may reverse or affirm, in whole or in part, or may modify such order, decision or requirement appealed from, and 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 difficulty or unreasonable 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, structural changes in, equipment or alteration of, buildings or structures, provided such change, modification or variance shall not violate the spirit of the ordinance. Said board of zoning appeals may also hear and act upon any other matters for which provision is made in the ordinance. Any person, including any official charged with the enforcement of any order, requirement or decision, 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 such court in the same manner as that prescribed for civil actions. Notice of such appeal shall be given by leaving a true and attested copy thereof with such board not less than twelve days before the return day to which such appeal shall have been taken. The appeal shall state the reasons upon which the same shall have been predicated and shall not stay proceedings upon the decision appealed from, but the court to which such appeal shall be returnable may, on application, on notice to the board and on cause shown, grant a restraining order. The authority issuing the citation in such appeal shall take from the appellant a bond or recognizance to said board, with surety, to prosecute such appeal to effect and comply with the orders and decrees of the court. If it shall appear to the court on the trial of such case that there has been an abuse of reasonable discretion on the part of said board, or that its decision was based upon a mistake or misconstruction of the law, or that such decision was the result of mistake or fraud, then such order, requirement or decision 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 the court, unless cause shall be shown to the contrary, as soon after the return day as shall be practicable, and may be referred by the court to a committee or in accordance with the statutes to one of the state referees, to be heard and proceeded with by such committee or such referee in the manner provided for civil actions.

If any building or structure shall have been erected, constructed, reconstructed, altered, converted or maintained, or any building, structure or land shall have been used, in violation of any of the provisions of this act or of any ordinance or other regulation made under authority conferred hereby, any official having jurisdiction, in addition to other remedies, may institute an action or proceeding to prevent such unlawful erection, construction, alteration, conversion, maintenance or use or to restrain, correct or abate such violation or to prevent the occupancy of such building, structure or land or to prevent any illegal act, conduct, business or use in or about such premises.

Such regulations shall be enforced by the officer, official board or authority designated therein, which shall be authorized to cause any building, structure, place or premises to be inspected and examined and to order in writing the remedying of any condition found to exist therein or thereon in violation of any provision of the regulations made under authority of the provisions of this act. The owner or agent of any building or premises where a violation of any provision of such regulations shall have been committed or shall exist, or the lessee or tenant of any entire building or entire premises where such violation has been committed or shall exist, or the owner, agent, lessee or tenant of any part of the building or premises in which such violation shall have been committed or shall exist, or the agent, architect, builder, contractor or any other person who shall commit, take part or assist in any such violation or who shall maintain any building or premises in which any such violation shall exist, shall be fined not less than ten nor more than one hundred dollars for each day that such violation shall continue; but, if the offense be wilful, the person convicted thereof shall be fined not less than one hundred nor more than two hundred and fifty dollars for each day that such violation shall continue or imprisoned not more than ten days for each day such violation shall continue or both; and the city court of the city of New Haven shall have jurisdiction of all such offenses, subject to appeal as in other cases.

Any such person who, having been served with an order to discontinue any such violation, shall fail to comply with such order within ten days after such service or who shall continue to violate any provision of the regulations made under authority of the provisions of this act specified in such order, shall be subject to a civil penalty of two hundred and fifty dollars, payable to the treasurer of the city of New Haven.

Upon the first day of January, 1926, said zoning commission shall cease to exist, and thereafter the city plan commission of the city of New Haven shall be vested with all the powers and duties conferred upon said zoning commission by this act.

Sections one, three, four and five of an act creating zoning districts in New Haven, approved June 24, 1921, are repealed.