§ 6

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.