In New Haven, the legislative function of enactment and amendment of the zoning ordinance is performed by the Board of Aldermen. Thereafter, administration of the ordinance is carried out by three separate City agencies, each with its own specialized duties, and by the Board of Aldermen in specified instances.

(a)

Zoning Enforcement Officer (ZEO). The Zoning Enforcement Officer (ZEO) is charged with enforcing the ordinance through examining plans, inspections, keeping records, and ordering compliance.

(b)

Board of Zoning Appeals. The Board of Zoning Appeals hears and decides cases in which it is claimed either that some ruling of the Zoning Enforcement Officer was in error, or that special circumstances require a variance from the strict terms of the ordinance, or that certain privileges are justified as special exceptions.

(c)

City Plan Commission. The City Plan Commission is responsible for a continuous review of the effectiveness of the ordinance, advice to the Board of Aldermen on proposed changes in the ordinance, and advice to the Zoning Enforcement Officer, the Board of Zoning Appeals and other agencies.

(d)

Board of Aldermen. The Board of Aldermen is charged with the administrative responsibility of hearing and deciding applications under the circumstances enumerated in the ordinance.

The functions of each of these agencies are necessary to the smooth and purposeful administration of the zoning program.

(a)

Responsibility. The Director of the Office of Building Inspection and Enforcement (OBIE) shall be the Zoning Enforcement officer (ZEO) and shall have the authority to enforce the provisions of this ordinance. The director may deputize one or more staff members as well as members of other city departments who have a particular skill or competence to act for the director, and the term ZEO as used elsewhere in this ordinance shall be deemed to include such deputies, but no order or other enforcement action shall be issued unless approved and signed or countersigned by the director or designated OBIE staff.

(b)

Interpretation. The Zoning Enforcement Officer (ZEO) shall give information upon request as to the provisions of this ordinance, and shall interpret the meaning of the ordinance in the course of enforcement.

(c)

Review of construction plans. In all cases where a building permit is required, and in all other cases of construction or use where any provision of the zoning ordinance is involved, appropriate plans shall be filed in duplicate, subject to the provisions of the Building Code and to such other rules as the Zoning Enforcement Officer (ZEO) shall prescribe, sufficient in scope and character to determine that all relevant requirements of the zoning ordinance have been met. No building permit shall be issued until the ZEO has determined and certified that such plans comply fully with the zoning ordinance. In cases where the particular skill or competence of some other City Department is relevant to an evaluation of the plans under the zoning ordinance, the ZEO may refer such plans to such department for a report. Other City departments shall take cognizance of the zoning ordinance before issuing permits under their own jurisdiction.

(d)

Inspections. The Zoning Enforcement Officer (ZEO) is authorized to inspect or cause to be inspected any building or other structure or any land on which work is in progress, and to order the stoppage of any work being done in violation of the zoning ordinance. The ZEO shall inspect or cause to be inspected such premises after work is completed, and shall not issue a certificate of occupancy (C of O) until such final inspection has been made, except that a temporary certificate of occupancy (C of O) may be issued in an appropriate case before work is completed, for a period of not more than six months.

(e)

Certificates of occupancy. No structure or land or part thereof shall hereafter be occupied or used, in any case of establishment of a new use, extension or alteration of a use, or conversion from one use to another use, until the Zoning Enforcement Officer (ZEO) shall issue a certificate of occupancy (C of O), certifying that the zoning ordinance has been complied with in full. Upon request of the owner or tenant or any conforming or nonconforming use already established, the ZEO shall issue a certificate of occupancy (C of O) stating the exact status of such use. In the case of other uses already established, the ZEO may carry on such programs of registration of uses and issuance of certificates of occupancy (C of O) as deemed appropriate.

(f)

Enforcement of regulations before or after issuance of a certificate of occupancy. A violation shall be considered a violation of the Zoning Regulations of the City of New Haven.

(1)

The Zoning Enforcement Officer shall institute any appropriate action or proceeding to prevent (a) the unlawful erection, construction, alteration, repair or conversion of any building or structure, or parcel of land; (b) the unlawful erection, construction, alteration, repair or conversion of landscaping, fencing, grading, paving, excavation or other site improvement; (c) a violation of a condition of approval; or (d) use of land or buildings in a manner inconsistent with approved plans in order to restrain, correct or abate such violations; to prevent the occupancy of said building, structure or land; or to prevent any illegal act, conduct, business or use in or about the premises. Whenever such acts shall be in contradiction to the provisions of these regulations, penalties shall be as provided by the General Statutes.

(2)

In addition, any violation or attempted violation of these regulations or of any condition or requirement adopted pursuant hereto may be restrained, corrected, or abated, as the case may be, by all applicable remedies pursuant to the laws of the State of Connecticut.

(3)

The remedies of the City of New Haven shall include, but are not limited to, the following:

a.

Issuing a cease and desist order for any and all work in progress where a violation occurs;

b.

Seeking an injunction or other order of restraint or abatement that requires the correction of a violation;

c.

Seeking in court the imposition of any penalties for a violation that can be imposed by such court;

d.

In the case of a violation that poses an immediate danger to the public health or safety, taking such measures as are available to the City of New Haven under the applicable provisions of the local and state law for such circumstances;

e.

Imposing any penalties, including financial and/or criminal penalties, that can be imposed by the City of New Haven; and/or

f.

Other such remedies as are and as may from time to time be provided for or allowed by state law for a violation of this Zoning Ordinance.

(g)

Administrative regulations. The Zoning Enforcement Officer (ZEO) shall have the power to adopt such administrative regulations as deemed necessary to the carrying out of these enforcement responsibilities, which regulations shall have general applicability to cases of similar character.

(h)

Other duties. The Zoning Enforcement Officer (ZEO) may perform such other duties as are necessary to carry out the provisions of this ordinance, and shall have the same powers, duties and privileges, with respect to the zoning ordinance, as are applicable to an officer acting under the State Building Code. The ZEO shall maintain permanent and current records, prescribe such rules and forms as deemed necessary, refer appropriate cases to the Board of Zoning Appeals under section 63, investigate complaints and carry on an inspection program throughout the city, and issue written orders for compliance with the zoning ordinance, subject to the penalties (for owner, agent, lessee, tenant, architect, builder, contractor or other person) prescribed in sections 186 and 187 of the New Haven Charter. The ZEO shall also maintain a current register of nonconforming uses under section 67 of this ordinance, and regulate the registration of nonconforming uses.

(i)

Appeals. An appeal from an administrative order of the Zoning Enforcement Officer (ZEO) may be taken to the Board of Zoning Appeals as provided in section 63, except that an appeal of an administrative order of the ZEO enforcing the orders and regulations of the Historic District Commission shall be to the Superior Court as provided by section 54 of the Zoning Ordinance.

(Ord. No. 1416, §§ 1, 2, 5-1-06)

(a)

Establishment.

(1)

Composition. The Board of Zoning Appeals shall operate under Section 4 of Article VII, of the New Haven Charter and any other applicable provision of such Charter or of the General Statutes of Connecticut. In addition to the three regular members appointed in accordance with Section 1A of Article VII of the New Haven Charter, the Mayor of the City of New Haven shall have the power to appoint two alternate members to the Board, as provided in section 8-5 of the General Statutes. In addition to the two regular members appointed in accordance with Section 1A of Article VII of the New Haven Charter, the Leadership of the Board of Alders, as defined by Section 2-37 of the Code of General Ordinances, shall have the power to appoint one alternate member to the Board, as provided in section 8-5 of the General Statutes. The terms of said appointees shall be five years. The President shall communicate the order approving the Board of Alders' appointment of the regular and alternate Board of Zoning Appeals members to the full Board. Upon communication, said order shall be executed in the same manner as Board and Commission appointments made by the Mayor.

(2)

Order of appointment. The Mayor and the Board of Alders shall fill vacancies to the Board of Zoning Appeals in an order that ensures the composition prescribed in Section 4 of Article VII of the New Haven Charter, in Section 2-552 of the Code of General Ordinances, and in paragraph 63(a)(1) of this ordinance.

(b)

Review of administrative orders. Any person claiming to be aggrieved by any order, requirement or decision made by the Zoning Enforcement Officer except for decisions concerning the enforcement of the Historic District Commission's orders and regulations, may appeal to the Board of Zoning Appeals, as provided in section 185 of the New Haven Charter, and the Board 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. Normally, such review by the board shall be limited to alleged errors in interpretation of the ordinance.

(c)

Variances.

(1)

Basis. Where there is difficulty or unreasonable hardship in the way of carrying out the strict letter of the zoning ordinance, the Board of Zoning Appeals shall have power in a specific case to vary the application of any provision of the ordinance, if such variance will be in harmony with the general purpose and intent of the ordinance and if the public health, safety and general welfare will be served and substantial justice done.

(2)

Special treatment of usevariances. It is recognized that variances of the use regulations in the zoning ordinance present special problems not occurring in the case of variances of other types, and that the courts have carefully defined the scope of the board's powers with respect to use variances. Therefore, the board shall not grant any use variance under paragraph (1) above unless:

a.

The zoning regulations allow no reasonable use to be made of the property in question for reasons peculiar to the property and not applicable to the area as a whole;

b.

The use proposed is the minimum variance necessary in order to allow a reasonable use of the property; and

c.

The use will not impair the essential character of the area or the objectives of the comprehensive plan of the City.

(3)

Conditions. In granting any variance under paragraph (1) or (2) above, the Board may attach such additional conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, the following:

a.

Requirement of front,side or rear yards greater than the minimum required by this ordinance;

b.

Requirement of screening of parking areas or other parts of the premises from adjoining premises or from the street, by walls, fences, planting, or other devices, as specified by the Board;

c.

Modification of the exterior features or appearance of any structure, where necessary to preserve property values;

d.

Limitation of size, number of occupants, method or time of operation, or extent of facilities;

e.

Regulation of number, design, and location of access drives or other traffic features;

f.

Requirement of off-street parking or other special features beyond the minimum required by this ordinance or other applicable codes or regulations.

Failure to comply with any such condition or safeguard shall constitute a violation of this ordinance.

(d)

Special exceptions—Statement of purpose. The development and execution of a comprehensive zoning ordinance is based upon the division of the city into districts, within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses and features which, because of their unique characteristics, cannot be distinctly classified or regulated in a particular district or districts, without consideration, in each case, of the impact of such uses and features upon neighboring uses and the surrounding area, compared with the public need for them at particular locations. Such uses and features are therefore treated as special exceptions.

(1)

Where provided for elsewhere in this ordinance, the Board of Zoning Appeals may, in appropriate cases, after public notice and hearing, grant special exceptions.

(2)

Where an existing use or feature which is permitted only by special exception is proposed to be extended or substantially altered in a manner which would in any way change the character or intensity of the use or feature, such proposed extension or substantial alteration shall be treated as a special exception under this section.

(3)

Special exceptions shall be granted only where the Board of Zoning Appeals finds that the proposed use or feature or the proposed extension or substantial alteration of an existing use or feature is in accord with the public convenience and welfare after taking into account, where appropriate:

a.

The nature of the proposed site, including its size and shape and the proposed size, shape and arrangement of structures;

b.

The resulting traffic patterns and adequacy of proposed off-street parking and loading;

c.

The nature of the surrounding area and the extent to which the proposed use or feature might impair its present and future development;

d.

The proximity of dwellings, churches, schools, public buildings and other places of public gathering;

e.

All standards contained in this ordinance; and

f.

The comprehensive plan of the City of New Haven, and other expressions of the purpose and intent of this ordinance.

(4)

Time limits may be established by the Board of Zoning Appeals where appropriate. If a time limit is specified elsewhere in this ordinance, no special exception shall be granted for a time period longer than that specified; provided, however, that in any case, whenever the current period has more than half transpired a renewal of said special exception may be granted, up to the maximum period permitted by the terms of this ordinance, measured from the date of renewal, as often as the Board of Zoning Appeals finds that the foregoing standards continue to be met.

(5)

In granting a special exception, the Board of Zoning Appeals may attached such additional conditions and safeguards as are deemed necessary to protect the neighborhood, such as, but not limited to, those listed in paragraph 63(c)(3) of this ordinance. Failure to comply with any such condition or safeguard shall constitute a violation of this ordinance.

(6)

In the following types of special exception cases, which involve more than conventional questions of use and may have a significant impact on surrounding areas and a substantial relationship to the comprehensive plan of the city, the Board of Zoning Appeals shall, following its hearing, refer the case including all exhibits to the City Plan Commission, which shall submit an advisory report, on such factors as it may deem relevant, to the board within 30 days after receiving all records and documents in the case. This report of the City Plan Commission shall be taken into account in the decision of the Board.

a.

Limited expansion of institutions in RS-1 and RH-1 Districts: subsections 11(b)(2)b.; 15(b)(1).

b.

Convenience stores in residence districts: section 31, as provided for in the district regulations.

c.

Transition parking in residence districts: subsection 13(b)(3)c. and regulations of other residence districts.

d.

Accessory retail space in RH-2 Districts: subsection 16(b)(3)c.

e.

Accessory professional offices in RH-2 Districts: subsection 16(b)(3)d.

f.

Adjustment for parking and loading requirements: subsections 29(c); 29(h)(2); 29(i); 45(a)(6)b,; 45(a)(7).

g.

Adjustment of sign requirements: subsection 60.3.

h.

Planned development units: subsection 65(d)(1).

i.

A change from one nonconforming use to another that is different in nature and purpose: subsection 67(c)(3)a.

(e)

Procedures.

(1)

Notice and hearing; posting of notice of application.

a.

The Board of Zoning Appeals shall hold a public hearing in the case of any application for review of an administrative order or for a variance or for a special exception. In addition to published notice, the board shall give notice of any such hearing at least seven days prior to the date of the hearing to the applicant filing the application, to the property owners whose property is located within and including a distance of 200 feet as measured from all boundaries of the property which is the subject of such appeal (if such property is within the city), and to the aldermen of the ward or wards in which the subject property and the properties within and including a distance of 200 feet are located, except that in cases of special exceptions involving areas of unusually large size, the board may give such reasonable notice as it may prescribe.

b.

A sign of a design approved by the director of the Office of Building Inspection and Enforcement (OBIE) shall be posted by the applicant, not less than 14 days prior to the public hearing, on the property for which application is made, which sign shall be plainly readable from curbside of the addressed street frontage, and which sign shall contain language which provides, but is not limited to, the following information; the date of the hearing; notice that zoning relief has been applied for; an address and telephone number where further information can be obtained regarding the application; and the location of the hearing. Said sign may be obtained from the Office of Building Inspection and Enforcement (OBIE), and may be subject to a deposit not to exceed $50.00, which deposit may be redeemed by returning the sign not more than five working days following final disposition of the application.

(2)

Other procedures. The Board of Zoning Appeals may prescribe such rules and forms as it deems necessary for the filing of applications, postponement, time for exercise, extension of time, rehearing, and other matters.

a.

Agendas. A copy of the agenda shall be forwarded to such city departments and Neighborhood Planning Agencies as may be designated by the Board.

b.

City department referrals. The Board shall forward copies of the application forms in all matters before it to the City Plan Department and the Department of Traffic and Parking and shall request that the departments send reports to the board on matters that are of concern to them in connection with their own responsibilities.

c.

Neighborhood Planning Agency Referral. The Board may also forward copies of the application forms in all matters before it to any neighborhood planning agency of jurisdiction and may request that any such neighborhood planning agency send a report to the board on matters that are of concern to it.

d.

Report due date. Any such reports shall be due at noon the day before the hearing of the matter by the Board and Copies of filed reports shall be available at the Office of the Clerk of the Board.

e.

Rehearing. The board shall not be required to hear the same application more than once during any period of 12 consecutive months.

f.

Filing fees. Each application for a review of an administrative order or for a variance or for a special exception shall be accompanied by such fee as may be stipulated by the Board of Aldermen from time to time in section 17-22 of the Code of Ordinances of the City of New Haven, payable to the Treasurer of the City or duly deputized agents, which shall be retained as a separate fund to be paid by the Treasurer to such person and in such amount as is designated by the Secretary of the Board of Zoning Appeals.

(3)

Neighborhood planning agency review. Upon receiving a request for a variance, special exception, appeal of an administrative order, planned development unit or district, or zone change the Board of Zoning Appeals, City Plan Commission and the Board of Aldermen, as applicable, may refer said request to any neighborhood planning agency (NPA) of jurisdiction if any exist

An NPA may review such request and if it so chooses issue an advisory report to the referring agency prior to its final action on said request or indicate by letter to the referencing agency its decision not to issue a report on a reference item. Nothing in this NPA review shall be construed so as to delay the review process or to constrain the sound discretion of the Board of Zoning Appeals, City Plan Commission or Board of Aldermen.

(f)

Reserved for future use.

(g)

Waivers of prohibition against building on unaccepted streets. The Board of Zoning Appeals shall hear and determine applications for waivers of the prohibition against building on unaccepted streets contained in Article VI of Chapter 27 of the Code of Ordinances of the City of New Haven as provided therein. In passing on any such applications, the board shall be strictly cognizant of the zoning ordinance, and may attach appropriate conditions and safeguards. Failure to comply within any such conditions or safeguards shall constitute a violation of this ordinance.

(h)

Lapse of approval; renewal; transferability; discontinuance, revocation.

(1)

Lapse of approval. A special exception or variance is void one year after its effective date, except if otherwise specified by the board in its decision, unless:

a.

The grant of relief has been recorded on the land records of the City of New Haven within 120 days of the date of publication of approval; and

b.

A valid permit has been issued and construction diligently pursued; or

c.

A Certificate of Occupancy (C of O) has been issued; or

d.

The special exception or variance is renewed.

(2)

Renewal. A special exception or variance may be renewed administratively by the board of zoning appeals if it is determined that findings made and conditions imposed on the original approval still apply. Applications for renewal shall be made in writing between not less than 30 nor more than 60 days prior to the lapse of the original approval. Upon timely application, a renewal may be granted after the expiration. An extension under this section shall be granted one time only and for a period of time of up to a maximum of one year.

(3)

Transferability. The validity of a special exception (unless specified by the board in its decision) or variance shall not be affected by changes in ownership.

(4)

Discontinuance. A grant of a special exception or variance shall lapse if there is a cessation of use for a period of one year.

(5)

Revocation. A special exception or variance that is exercised in violation of a condition of approval or a provision of this title may be revoked, in the same manner required for a public hearing to consider approval.

(Ord. No. 1419, 6-5-06; Ord. No. 1766, 4-6-15)

(a)

Continuous ordinance review. The City Plan Commission and its staff shall carry on a continuous review of the effectiveness and appropriateness of the zoning ordinance, and recommend such changes as they see fit.

(b)

Advice to other agencies. The City Plan Commission and its staff shall give such technical advice as they deem appropriate to the zoning enforcement officer, the Board of Zoning Appeals, and other agencies.

(c)

Maintenance of zoning map. The City Plan Commission and its staff shall keep up to date the official zoning map, and shall keep the zoning enforcement officer and the City Clerk supplied with a current copy of such map.

(d)

Amendment of the ordinance.

(1)

Petitions for amendment of the text of the zoning ordinance or the zoning map shall be filed with the City Clerk for transmission to the Board of Aldermen, and shall thereafter be referred and acted upon by the City Plan Commission and the Board of Aldermen as provided in sections 183 and 184 of the New Haven Charter. All such petitions may also be referred to any Neighborhood Planning Agency (NPA) of jurisdiction as defined in section 1 of this Ordinance which may issue an advisory report on the proposed zoning amendment to the Board of Aldermen prior to final aldermanic action. Any such petition shall contain sufficient information, including maps where necessary, to indicate the exact change or changes which are sought. The zoning enforcement officer shall be kept informed by the City Clerk of pending petitions.

(2)

In passing upon any such petition, the City Plan Commission shall take into account the various factors favoring and disfavoring a change, such as, but not limited to, the following:

a.

Errors in the existing ordinance, changes that have taken place in the city and in patterns of construction and land use, the supply of land and its peculiar suitability for various purposes, the effect of a map change on the surrounding area, the purposes of zoning and the comprehensive plan of the City of New Haven;

b.

Whether some other method or procedure under the zoning ordinance is more appropriate; and

c.

In the case of a map change, the size of the area involved. As a general policy, the City Plan Commission shall not consider favorably any petition which would result in a total contiguous area (separated only by streets, and excluding the area of streets) of less than two acres in the case of a residence district, less than one acre in the case of a Business District, or less than four acres in the case of an Industrial District.

(e)

Special permits—Statement of purpose. The development and execution of a comprehensive zoning ordinance is based upon the division of the city into districts, within which the use of land and structures and the bulk and location of structures in relation to the land are substantially uniform. It is recognized, however, that there are certain uses and features which, because of their unique characteristics, cannot be distinctly classified or regulated in a particular district or districts, without consideration, in each case, of the impact of such uses and features upon neighboring uses and the surrounding area, compared with the public need for them at particular locations. Such uses and features are therefore treated as special permits.

(1)

Special permit defined. A land use permitted when the City Plan Commission finds that the standards for the use as contained within this Ordinance have been met. Only those uses designated as needing a special permit in section 42: Use Table and in Table 1: Permitted Uses in Residential Districts may be permitted by special permit.

(2)

Finding required. Special permits shall be granted only where the City Plan Commission finds that the proposed use or feature or the proposed extension or substantial alteration of an existing use or feature is in accord with the public convenience and welfare after taking into account, where appropriate:

a.

Burden of proof. A special permit shall not be considered an entitlement, and shall be granted by the Commission only after the applicant has demonstrated to the satisfaction of the Commission that all ordinance requirements are met.

b.

Ordinance compliance. The proposed use shall comply with all applicable regulations, including any specific standards for the proposed use as set forth in this ordinance. Any accessory use to a special permit must receive express authorization from the commission.

c.

Comprehensive Plan of Conservation and Development. The commission shall determine if the proposed special permit's use and improvements comply with the City's development plans.

d.

Natural features. Special permits must preserve trees and other natural site features to the greatest extent possible so as to minimize their impact upon surrounding properties and the district, and must not have an adverse impact on significant scenic vistas or on significant wildlife or vegetation habitat.

e.

Hazard protection. The proposed use shall not have a detrimental impact upon the use or peaceable enjoyment of abutting or nearby properties as a result of vibrations, fumes, odor, dust, erosion, sedimentation, flooding, fire, noise, glare, hazardous material use, storage, transportation or disposal, or similar conditions.

f.

Historic preservation. Features of historic significance shall not be significantly adversely affected by the granting of any special permit. If the subject property is within or abuts a historic district, the Commission may request a report from the Historic District Commission regarding those features essential to preserve the historical integrity of a building, district, or site or historical significance.

g.

Design and architectural compatibility. The operational and physical characteristics of the special permit shall be compatible with the surrounding area and the neighborhood in which it is proposed. Site design and architectural features which contribute to compatibility include, but are not limited to, landscaping, drainage, access and circulation, building style and height, bulk scale, setbacks, open areas, roof slopes, building orientation, overhangs, porches, ornamental features exterior materials and colors.

h.

Property values. The use and site design shall not have a detrimental effect on the property values in the surrounding area.

i.

Traffic impact. The applicant shall demonstrate how the proposed use will not adversely affect the safety and convenience of vehicular and pedestrian circulation on, adjacent or nearby the site. The commission may require a traffic impact study be submitted to it by the applicant for any special permit use of land. The study shall consider traffic patterns and adequacy of proposed off-street parking and loading resulting from the proposed development.

(3)

Notice required. Public notice and hearing shall be furnished in accordance with the Connecticut General Statutes.

(4)

Filing fee. Each application for a special permit shall be accompanied by such fee as may be stipulated by the Commission of Aldermen from time to time in Section 17-22 of the City of New Haven Code of Ordinances.

(f)

Site plan standards and procedures:

(1)

Purpose. A site plan application is required to aid the City in determining the conformity of a proposed building, use, or structure with specific provisions of the Zoning Ordinance as adopted by the Board of Aldermen.

(2)

Applicability. Site plan approval shall be required for the following:

a.

All variance, special permit and special exception applications when required as a condition of approval;

b.

Any new construction or change in an existing use for three or more dwelling units, whether in a single structure or in multiple structures, whether in new structures or converted space;

c.

Any new construction or change in an existing use involving 5,000 or more square feet of gross building area;

d.

Any new construction or change in an existing use involving ten or more parking spaces;

e.

Any use involving a drive up service window or facility;

f.

Other uses and applications as specified in these regulations.

g.

Applications for coastal site plan review, inland wetlands review, and soil erosion and sediment control plan review shall meet the submission requirements of this section. Additional data as required by section 55, coastal management district, section 57, inland wetlands and watercourses, and section 58, soil erosion and sediment control shall be noted on submitted site plans as applicable.

(3)

Application submission requirements. Applications for site plan approval shall include the following:

a.

Completed application form and fee in accord with section 17-22 of the Code of Ordinances. Checks shall be made payable to Treasurer, City of New Haven.

b.

A written narrative describing the proposed use or development in sufficient detail to determine zoning compliance.

c.

A site development plan complying with section 64(f)(5) of these Regulations.

(4)

Standards for site plans—General. Site plans shall be prepared by appropriate design professionals (surveyor, engineer, architect, and or landscape architect) licensed to practice in the state and shall bear appropriate registration stamps. All drawings shall be at a scale of not less than one inch equals 40 feet. All site plan drawings shall be in sufficient detail and accuracy, (generally A-2), to enable the construction of all site improvements shown and approved on the drawings. Four copies of the site plan, application, narrative and all supporting materials shall be submitted. One copy of the site plan at 8.5 by 11 inches shall also be submitted.

(5)

Site plan contents. Site plans shall include the following:

a.

Title block in the lower right hand corner with project name, address of property, name and address of developer, property owner, and applicant; north arrow, scale of not more than 1″:40′, plan date with revision dates, seals and signatures, names and addresses of all appropriate design professionals;

b.

A location map at the scale of not less than 1″ to 600′ showing the proposed project and the nearest street intersection;

c.

Boundary survey of site including distances with angles or bearings, building/setback lines, and street lines; and right-of-way lines;

d.

Locations and descriptions of all existing and proposed easements and rights-of-way;

e.

Zoning classification of property;

f.

Area of lot;

g.

Buildings and improvements on abutting parcels within 25 feet of property lines to include the name of adjacent owners and zoning classification of their property;

h.

Existing and proposed contours or spot grades at or more than two-foot intervals;

i.

Locations of existing and proposed buildings with dimensions, area, elevations and number of stories and distances between all buildings and property lines;

j.

Locations of other improvements and structures to include signs, fences, and walls;

k.

Existing and proposed sanitary and storm water drainage facilities with elevations;

l.

Existing and proposed water lines and hydrants;

m.

Existing and proposed sidewalks, curbs and curb cuts, and adjacent streets;

n.

Soil erosion and sedimentation control measures as required by section 58;

o.

Coastal zone management areas and/or flood zones as applicable;

p.

Inland wetland and watercourse areas as applicable;

q.

Drainage design for roof area, parking lot and driveways;

r.

Existing and proposed landscaping including a listing of all trees and shrubs to be planted, by common and botanical names, size (caliper, height, time until maturity) at planting, and height and spread at maturity;

s.

Layout of all off street parking areas showing details and dimensions of aisles, driveways, each parking space, all loading and unloading areas, pavement markings, location of directional signs and ADA-compliant spaces;

t.

Exterior Lighting Plan as required by Section 60.1;

u.

Fire lanes and traffic control signs as required by government authorities;

v.

Outside storage areas with proposed screening;

w.

Location of outside recycling and refuse storage area and proposed screening;

x.

A construction staging plan indicating the site logistics for all phases and the estimated time for construction of each stage and staging-related site improvements together with any public right-of-way encroachments;

y.

A table denoting and comparing the density, bulk and yard, parking, and loading standards required by the Zoning Regulations with the density, bulk, parking, and loading standards proposed in the site plan;

z.

Plan certification: Notation on site plan that plan's preparer certifies to the best of his/her knowledge, belief, and ability, and after research and inquiry, that the proposed plan meets all of the standards of the New Haven Zoning Ordinance except as might be otherwise noted in such certification;

aa.

Copy of preliminary application for access to state highways, to state-owned storm drainage facilities, and for DEP Coastal Permits where such state permits are required;

bb.

Copy of Board of Zoning Appeals decision letter with proof of recording, if zoning relief has been granted;

cc.

Stormwater Management Plans as required by Section 60;

dd.

Reflective Heat Impact Calculations as required by Section 60.2.

(6)

Other site plan requirements.

a.

Engineering data:

1.

Any improvements which are proposed to become owned, operated, or maintained by the city shall have documentation that such improvements have been designed in accordance with accepted engineering practices and will be in compliance with all applicable City Codes and regulations governing such areas as pipe size, flow lines, invert and top of grate elevations, existing and proposed elevations, and construction practices and materials.

2.

Applications must document appropriate storm water system designs. Quantity and velocity calculations, profiles, cross-sections, and other engineering documentation may be required for the City Engineer's review.

b.

Structural plans:

1.

One copy of the plan of all proposed buildings, structures, signs, including floor plans and exterior elevations.

c.

Other information or exhibits:

1.

Applicants may submit such other information or exhibits which the applicant believes address material site plan issues. All such submissions become the property of the city and are public information unless exempted by the laws of the State of Connecticut.

2.

Other requested information and exhibits submitted under this section shall be submitted no later than five working days prior to the meeting scheduled for the application. Such information and exhibits shall be open for public inspection.

(7)

Administration.

a.

The Commission may, upon application of the applicant, waive or limit the requirement to provide information on any specific site plan when, in its opinion, the information is not necessary to reach a decision. Such waiver shall be based upon the particular character or limited nature of the proposal or due to special conditions peculiar to a site. The Commission may also request additional information that it determines is necessary for proper administration and enforcement.

b.

It is strongly recommended that for large projects or for projects with significant site constraints, a pre-application review of the submission be undertaken with the City Engineer and/or the City Plan Department.

c.

The Commission may hold a public hearing regarding any site proposal if, in its judgment, the specific circumstances require such action. Notice of public hearings and procedures shall be as prescribed by statute.

d.

All abutting property owners and other property owners within 200 feet of the property borders shall be notified by the applicant of the date, place, and time of the public hearing along with a summary of the proposal being considered at the hearing. That notification shall be on a form provided by the City Plan Department and shall be mailed to said property owners by regular mail no more than 14 nor less than seven days prior to the date of the public hearing. The applicant shall provide the Department with a copy of mailing labels of all property owners within 200 feet and certify that notification has been given in accordance with this section.

e.

The plan may be forwarded to any city or state agency or department for comment.

f.

When minor changes to approved site plans are requested which do not require revised vehicle/pedestrian access, do not require additional parking spaces, do not impact on necessary landscaping, or which may be required by field conditions, site plan approval may be granted by the City Plan Staff. An application, fee and plans shall be filed in the City Plan Department and Staff shall report all such approvals to the Commission at its next meeting.

g.

City Plan Department staff may determine that a proposed site plan does not meet threshold requirements of site plan review and may therefore be approved administratively, without formal Commission review. See Section 64(f)(10).

(8)

Decision procedures.

a.

The Commission shall receive complete site plan applications at the next meeting after submission or within 35 days of filing with the City Plan Department, whichever is shorter. The Commission shall render a decision upon the plan within 65 days of an application's receipt unless the site plan accompanies an application that requires a public hearing. Applicant may grant an extension of up to 65 days within which to act upon a site plan.

b.

The Commission's failure to render a decision on a completed site plan within the time limitations set above shall indicate approval of said site plan.

c.

Denial or modification of any site plan must be based upon Zoning Ordinance or other city standards. All denials or modifications of a site plan shall state specifically the reasons for said action.

d.

A copy of a final decision shall be mailed by certified mail to the applicant and property owner within 15 working days of the decision and a notice of said decision shall be published within 15 days of the decision in a newspaper with general circulation in New Haven.

e.

The applicant shall record a final decision on the City's Land Records, and shall present proof of such recording the City Plan staff, prior to issuance of building permit.

f.

Prior to the issuance of a building permit, a site restoration bond, if required by the City Plan Commission, shall be posted.

(9)

Maintenance and enforcement.

a.

The maintenance of the site before and after issuance of a certificate of occupancy shall be the sole responsibility of the owner.

b.

Lack of maintenance in a proper, neat and habitable condition shall be construed to be a violation of these regulations and subject to enforcement pursuant to section 62 of this ordinance and other penalties as provided by law.

(10)

Administrative site plan review. For proposed activities which do not meet the threshold for site plan review by the City Plan Commission as contained in section 64(f)(2) of this Ordinance, but still require a building permit and/or staff level zoning review, an administrative site plan review by the City of New Haven is required. Prior to commencement of any site activity, including but not limited to clearing and grubbing, grading, footings and/or foundations work, the applicant shall submit a site plan for review and approval consistent with guidelines approved by the City Plan Commission.

(11)

Effective date. This subsection (f) shall govern development activity initiated or proposed on vacant property, improved property or as otherwise applicable following enactment of Ord. No. 1416, as established by the effective date.

(g)

Motor vehicle uses. The City Plan Commission shall hear and determine applications for certificates of approval of location (CALs) for vehicle uses as provided for by the General Statutes of Connecticut. In passing upon any such application, the Commission shall be strictly cognizant of the provisions of the zoning ordinance, and may appropriate conditions and safeguards. Failure to comply with any such condition or safeguard shall constitute a violation of this ordinance.

(h)

Duration of approval, lapse of approval, renewal, transferability, and revocation.

(1)

Duration of approval. Pursuant to Section 8-3(i) of the Connecticut General Statutes, any site plan approved after June 30, 2011 is valid for a period of five years after the date of decision. Upon petition of the applicant, the Commission may, at its discretion, grant extensions totaling no more than an additional five years to complete all work connected to the original approval. Pursuant to Section 8-3(m) of the Connecticut General Statutes, any site plan approved prior to July 1, 2011 and that has not already expired prior to May 9, 2011 is valid for a period of nine years after the date of decision. Upon petition of the applicant, the Commission may, at its discretion, grant extensions totaling no more than an additional five years to complete all work connected to the original approval. Applications for extensions shall be made in writing between not less than 30 nor more than 60 days prior to the lapse of the original approval.

(2)

Lapse of approval. Consistent with Section 62.D, the Zoning Enforcement Officer shall determine the status of an approval and make a determination if the approval is valid or if approval has lapsed.

(3)

Transferability. The validity of an approval shall not be affected by changes in ownership.

(Ord. No. 1416, § 3, 5-1-06; ord. No. 1419, 6-5-06; Ord. No. 1662, 9-19-11

(a)

Objectives. The provisions of this section are to be applied in instances where tracts of land of considerable size are developed, redeveloped or renewed as integrated and harmonious units, and where the overall design of such units is so outstanding as to warrant modification of the standards contained elsewhere in this ordinance. A planned development, to be eligible under this section, must be:

(1)

In accordance with the comprehensive plans of the city, including all plans for redevelopment and renewal;

(2)

Composed of such uses, and in such proportions, as are most appropriate and necessary for the integrated functioning of the planned development and for the city;

(3)

So designed in its space allocation, orientation, texture, materials, landscaping and other features as to produce an environment of stable and desirable character, complementing the design and values of the surrounding neighborhood, and showing such unusual merit as to reflect credit upon the developer and upon the city; and

(4)

So arranged as to provide a minimum of 250 square feet of usable open space per dwelling unit on the tract, except 125 square feet in the case of elderly housing units, subject to the specific minimum standards enumerated in section 15(a)(1)g. of this ordinance.

(b)

Tract. The tract for which application is made must have the following minimum and maximum areas:

(1)

For a Planned Development Unit under paragraph (d)(1) below, between one-half and two acres in the case of dwellings only, and between one and two acres in all other cases.

(2)

For a Planned Development District under paragraph (d)(2) below, over one acre in the case of dwellings only, and over two acres in all other cases.

(c)

Who may apply. An application may be filed by (1) the owner or owners or lessee or lessees of all land and structures included within the tract, or (2) any governmental agency including the New Haven Redevelopment Agency. The holder of a written option or contract to purchase or lease land and/or structures shall, for purposes of such Application, be deemed the owner or lessee of the land and/or structures covered by such option or contract.

(d)

Application and general plans. Each application shall state the proposed modifications of existing zoning, and shall be accompanied by general plans, including contoured site plans. The general plans shall show the improvements to be erected upon the tract, the open spaces to be provided, the nature and location of the proposed use or uses, the relationship of the proposed development to surrounding properties, and other pertinent information.

Traffic impact study. All applications filed pursuant to this section shall be referred to the Department of Traffic and Parking for an advisory report on the traffic impact. The traffic impact study shall show the amount and direction of traffic to be generated by the proposed development and shall estimate the effect of such traffic on the roadway capacity and safety.

The Application and General Plans shall be sufficient in scope and character to determine that the objectives stated in subsection (a) above will be met. Any proposed division of the tract into separately owned and operated units shall be indicated. The Application and General Plans shall be filed and acted upon in the following manner:

(1)

Where the proposed modifications of existing zoning concern only the bulk and placement of structures and the size and shape of lots (regulation of lot area, average lot width, distance between buildings, size of courts,yards,gross floor area,building height, and/or building coverage), or involve a reduction of lot area per dwelling unit of no more than 33%, such Application and General Plans shall be filed with the Board of Zoning Appeals and acted upon as a special exception under subsection 63(d) of this ordinance. If such Application and General Plans are approved by the Board of Zoning Appeals, upon specific findings that each of the objectives stated in subsection (a) above will be met, such approval shall be construed to modify provisions contained elsewhere in this ordinance insofar (and only insofar) as specific deletions, additions and changes are made which are related to land and structures in the tract, and the tract shall be designated a Planned Development Unit within the existing zoning district, provided that the requirements of subsection (e) below are met.

(2)

In any other case, the Application and General Plans shall be filed with the Board of Aldermen and acted upon as a proposed amendment to this ordinance. If such application and General Plans are approved by the Board of Aldermen, following a favorable recommendation by the City Plan Commission and after an advisory report from the Department of Traffic and Parking regarding the traffic impact study, upon specific findings that each of the objectives stated in subsection 65(a) above will be met, such approval shall be construed to amend this ordinance insofar (and only insofar) as specific deletions, additions and changes are made which are related to the land and structures in the tract, and the tract shall be designated as a separate Planned Development District provided that the requirements of subsection 65(e) below are met.

(3)

All applications filed under this section may be referred by the Board of Zoning Appeals in the case of Planned Development Units, and by the Board of Aldermen in the case of Planned Development Districts, to any Neighborhood Planning Agency (NPA) of jurisdiction as defined in section 1 of this ordinance, which may issue an advisory report on the proposed zoning designation to the Board of Zoning Appeals or Board of Aldermen, as appropriate, prior to final action by these boards. Nothing in the npa review shall be construed so as to delay the review process or to constrain the sound discretion of the Board of Zoning Appeals, City Plan Commission or Board of Aldermen.

(e)

Subsequent performance. All official zoning maps shall carry a notation of the location and boundaries of any planned development approved as above, giving a reference to a file in which full information concerning the provisions applying to the same may be found.

(1)

After the approval of the Application and General Plans, the applicant shall file detailed plans for review by the City Plan Commission, showing the details of the proposed development as fully as possible and including elevations and perspectives of proposed construction. If the applicant later wishes to change any of the details of the proposed development, further detailed plans shall be filed for review by the City Plan Commission. No building permit for the proposed development or any part thereof shall be issued until the City Plan Commission has determined that the pertinent Detailed Plans are in accordance with the Application and General Plans as approved and with the objectives stated in subsection (a) above. If any Detailed Plans are not acted upon by the City Plan Commission within 60 days after they are submitted to it, they shall be deemed to be approved.

(2)

Within three months after the approval of the Application and General Plans, a certified copy of such Application and General Plans shall be filed by the applicant at their own expense in the office of the city/town clerk.

(3)

If construction of improvements is not begun and diligently prosecuted to completion within a reasonable time established by the City Plan Commission at the time of approval of detailed plans, and if an extension of time is not given by the City Plan Commission for good cause shown, then the modifications or amendments of this ordinance provided for in subsection 65(d) above shall become null and void, and the tract shall revert to all the requirements of its previous zoning. No certificate of occupancy (C of O) shall be issued until a detailed report is submitted by the applicant to the City Plan Commission showing the outcome of construction and the City Plan Commission certifies that all the requirements of this section 65 relating to planned developments have been met.

(4)

Parking Plan amendments to a planned development. Any amendment of 20 or more parking spaces to an Overall Parking Plan which covers an area including a planned development must be submitted for approval to the body that approved the original planned development: the Board of Alderman for a PDD; the Board of Zoning Appeals for a PDU. If an Overall Parking Plan covers an area that includes both a PDD and PDU, then changes shall be submitted to the Board of Aldermen for review and approval, provided, however, that the Board of Aldermen may elect to refer such amendment to the Board of Zoning Appeals for action. If an Overall Parking Plan covers an area of 150 or more acres, then (a) changes involving 100 or more parking spaces shall be submitted for review and approval to the Board of Aldermen, and (b) changes of less than 100 spaces shall be submitted for administrative review by the City Plan Department. Any request to change the borders of the area covered by an Overall Parking Plan must be submitted to the Board of Aldermen for review and approval, provided however that no parking plan shall cover two or more non-contiguous areas, excepting satellite lots that may service the primary area. Increased parking demand generated by employees working on temporary construction projects shall not require an application to amend an Overall Parking Plan, but shall be included in the application for city approval of the project. The proposed parking plan amendment shall include an account of all available parking and its use; an account of all parking fees charged and revenues collected; an account of current demand management efforts such as public transit subsidies, car pools, bicycle storage, satellite parking lots with shuttle service and others; a census of potential parkers, per section 12(b), with five-year and ten-year projections based on the applicant's expansion plans, if any; a detailed study of the utilization of on-street parking in the surrounding area; and such other information as the Board of Aldermen deems necessary. Any Overall Parking Plan that is or becomes out of compliance with conditions required by a city board or commission shall be updated and submitted for review/approval within 30 days of the effective date of this ordinance or within 30 days of the date of non-compliance.

A current Overall Parking Plan must have been approved pursuant to this Section (unless such OPP is comprised only of a PDU and does not contain a PDD), notwithstanding any other provision of the Zoning Ordinance to the contrary, and notwithstanding any Overall Parking Plan approved prior to the effective date of this section, prior to the approval of any new application proposing zoning map amendments, zoning regulation amendments, Variances, Special Exceptions, Special Permits, or Site Plan review for any project within the City of New Haven which is submitted by an entity which is subject to an Overall Parking Plan.

(Ord. No. 1358, §§ 1, 2, 9-7-04; Ord. No. 1788, 1-19-16)

(a)

No land or structure shall be used or occupied, and no structure or part thereof shall be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all the terms of this ordinance. (For nonconforming uses, structures and lots, see section 67.)

(b)

No reduction of lot area, lot area per dwelling unit, lot area per sleeping room, lot area per square foot of gross floor area,lot area per square foot of building coverage, average lot width, yards, usable open space, parking, loading, or any other requirement of this ordinance, shall be made by subdivision, conveyance, alienation or any other means.

(c)

No part of the required lot area, lot area per dwelling unit, lot areaper sleeping room,area per square foot of gross floor area,lot area per square foot of building coverage, average lot width, yards, usable open space, parking, loading, or any other requirements of this ordinance, used for or credited to one lot, shall be used for or credited to any other lot, except that joint use may be made of parking and loading within the provisions of sections 29(h) and 45(a)(6).

(a)

Statement of purpose.

(1)

A nonconforming use, structure or lot is one which existed lawfully, whether by variance or otherwise, on the date this Zoning Ordinance or any amendment thereto became effective, and which fails to conform to one or more of the applicable regulations in the Zoning Ordinance or such amendment thereto.

(2)

Such nonconformities are incompatible with and detrimental to permitted uses, structures, and lots in the zoning districts in which they are located; they cause disruption of the comprehensive land use pattern of the city; they inhibit present and future development of nearby properties; and they confer upon their owners and users a position of unfair advantage.

(3)

It is a fundamental principal of zoning law that nonconformities are not to be expanded, and that they should be abolished or reduced to conformity as quickly as the fair interests of the parties will permit. This principle is declared to be the intent of this ordinance.

(4)

It is the further intent of this ordinance that existing nonconformities shall not cause further departures from the Zoning Ordinance, and therefore the existence of any present nonconformity anywhere in the city shall not in itself be considered grounds for the issuance of a variance for any other property.

(b)

General provisions.

(1)

Notwithstanding any other provision of this ordinance, a nonconforming use, structure or lot as defined by subsection 67(a) above may be continued, except as otherwise specified in this section 67.

(2)

No nonconformity shall be deemed to have existed on the date this Zoning Ordinance or any amendment thereto became effective, unless:

a.

It was in being on a continuous basis and to its fullest extent on such date; and

b.

If such nonconformity is a use, such use had not been abandoned within the meaning of section 67(c)(6).

Provided that, nothing in this ordinance shall be deemed to require a change in the plans, construction, or designated use of any structure on which actual construction was lawfully begun in good faith prior to such date, provided such construction is diligently prosecuted to completion within two years following such date. Actual construction is hereby defined to include the placing of construction materials so that they are in a permanent position and fastened to the earth in a permanent manner.

(3)

In order to assure that the fair interests of the parties will be protected, nothing in this ordinance shall be deemed to require discontinuance of a nonconformity because of mere changes of title or possession or right of possession of property, except in the case of nonconforming lots under section 67(e)(1).

(c)

Nonconforming uses.

(1)

No nonconforming use of land shall be enlarged, extended or altered, and no structure or part thereof devoted to a nonconforming use shall be enlarged, extended, constructed, reconstructed, or structurally altered, except in changing the use to one which is permitted in the district in which such use is located. No nonconforming use of a structure shall be extended to occupy land outside such structure or space in another structure.

(2)

No nonconforming use of land shall be moved to another part of a lot or outside the lot, and no nonconforming use of a structure shall be moved to any part of the structure not manifestly arranged and designed for such use at the time the use became nonconforming, and no structure containing a nonconforming use shall be moved, unless the result of any moving described in this paragraph (2) is to end the nonconforming use.

(3)

Change of use.

a.

No nonconforming use of land or of a structure shall be changed to any use which is substantially different in nature and purpose from the former nonconforming use, except such uses as are permitted in the district in which they are located, unless a special exception is granted under subsection 63(d) of this ordinance, upon a finding, among other things, that the new use will have a lesser impact upon the surrounding area than the old one.

b.

Where any change is proposed to be made to a use that is permitted in the district only by special exception, such change may be made only through a special exception granted under subsection 63(d) of this ordinance.

c.

When a nonconforming use has been changed to a conforming use, it shall not thereafter be changed to any use not permitted in the district in which the use is located.

d.

When a nonconforming use has been wrongfully changed to any use which is substantially different in nature and purpose from the former nonconforming use, such change shall be deemed to constitute abandonment of the former nonconforming use under subparagraph 67(c)(6)b. of this ordinance.

(4)

In order to assure that structures containing nonconforming uses will be maintained in safe and decent condition for so long as such nonconforming uses continue, nothing in this ordinance shall be deemed to prohibit:

a.

Work in any period of twelve consecutive months on ordinary repairs and replacement of existing materials with similar materials placed in the same manner, to an extent not exceeding 20% of the current replacement value of the structure (excluding the value of land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) as determined by the zoning enforcement officer (ZEO); or

b.

Any work required by the codes and ordinances of the city or ordered by any city official charged with protecting the public health, safety or welfare, if such work does not enlarge or extend a nonconforming use or otherwise increase any nonconformity.

(5)

In order to assure that the fair interests of the parties will be protected, nothing in this ordinance shall be deemed to prohibit the restoration of any structure and its use where such structure has been destroyed by any means out of the control of the owner to an extent of 50% or less of its replacement value (excluding the value of land, the cost of preparation of land and the value of any foundation adaptable to the conforming use) at the time of destruction, provided the restoration of such structure and its use in no way increases any former nonconformity, and provided further that restoration of such structure is begun within one year of such destruction and diligently prosecuted to completion within two years following such destruction. But whenever such a structure has been destroyed by any means out of the control of the owner to an extent of more than 50% of its replacement value (excluding the value of land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of destruction, as determined by the Zoning Enforcement Officer (ZEO), or by any means within the control of the owner (except as provided in paragraph 67(c)(4) to any extent whatsoever, the structure shall not be restored except in full conformity with all the regulations of the district in which such structure is located, including regulations as to use.

(6)

Abandonment of nonconforming uses:

a.

Any nonconforming use which has been abandoned shall not thereafter be re-established. Any structure or land, or structure and land in combination, which was formerly devoted to a nonconforming use which has been abandoned, shall not again be devoted to any use other than those uses which are permitted in the district in which the structure or land, or structure and land in combination, is located.

b.

The term abandonment, as used therein, shall mean the voluntary discontinuance of a use, when accompanied by an intent not to re-establish such use. Any one of the following shall constitute prima facie evidence of intent to abandon:

1.

Any positive act indicating such intent; or

2.

Any conscious failure to take all necessary steps to resume the nonconforming use with reasonable dispatch in the circumstances, including advertising of the property for sale or for lease; or

3.

In the case of a structure or of a structure and land in combination, discontinuance of the nonconforming use for nine consecutive months, or for a total of 18 months during any three-year period; or

4.

In the case of land only, discontinuance of the nonconforming use for 90 consecutive days, or for a total of six months during any one-year period.

(7)

In any residence district, uses of land only, and outdoor uses whether of all or part of a lot, which are nonconforming at the date this section 67 becomes effective or becomes nonconforming at any future date, shall either be made to conform to the regulations of the district in which they are located, or be discontinued and removed within three years from the date this section 67 becomes effective or from the date they become non-conforming, whichever date is later. Under this paragraph (7) shall be included junkyards, storage yards, outdoor sales areas, quarries, and other such uses, where the principal activities on the lot are not carried on within a structure or are carried on within a structure which is adaptable to a conforming use, or where the outdoor use is independent of or unnecessary to activities carried on within any structure on the lot.

(8)

Advertising signs located in residence districts, other than on a property devoted also to some other business or industrial use, shall be discontinued and removed within three years from the date this section 67 becomes effective or from the date they become non-conforming or from the date such other business or industrial use is discontinued, whichever date is latest.

(9)

A nonconforming use carried on within a structure may have business signs, if such signs are of the belt type, non-flashing and non-rotating, not located above the ground floor, and of a size not exceeding 10% of the area of ground floor wall surface on which such signs are located, including window and door area.

(10)

No use shall be deemed a nonconforming use if located within a district in which a special exception may be granted for such a use under this ordinance. Subsection 63(d) shall govern as to the expansion or substantial alteration of such uses, as well as section 31 in the case of convenience goods and services in residence districts.

(11)

Lack of required lotarea perdwelling unit, parking, loading, or yards, and excessive building bulk or coverage, shall not in themselves be deemed nonconforming uses under this subsection 67(c); such nonconformities are governed by subsection 67(d). However, lack of required screening or other safeguards, improper use of outdoor areas, excessive area occupied by a use, improper arrangement of parking, loading or driveways, and similar deviations shall be deemed nonconforming uses under this subsection 67(c).

(12)

All nonconforming uses shall be subject to the same regulations for arrangement and operation as those that would apply if they were conforming uses, unless such regulations conflict with other applicable regulations. (See especially section 46 concerning outdoor areas, and 48 concerning performance standards.)

(d)

Nonconforming structures.

(1)

Structures failing to meet any requirement of this ordinance other than use, including lack of required parking or loading, shall not be enlarged, extended, constructed, reconstructed or altered, if the result would be an increase in nonconformity. See also Sections 66, 29(j), and 45(a)(8) of this ordinance.

(2)

Signs of a size or type not permitted in the district in which they are situated, or which are improperly located or illuminated, or nonconforming in any other way, shall be considered nonconforming structures under this subsection 67(d), and any increasing in size, illumination or flashing of such signs shall be deemed to be an enlargement or extension producing an increase in nonconformity.

(3)

No structure described in paragraph 67(d)(1) or paragraph 67(d)(2) above shall be moved unless the result of such moving is to reduce or eliminate its nonconformity.

(e)

Nonconforminglots..

(1)

If two or more adjoining lots of record, one or both of which fail to meet the requirements of this ordinance with regard to lotarea and/or averagelotwidth, have continuous frontage and are in single ownership at any time after the application of the provisions of this ordinance to such lots, and if such lots taken together would form one or more lots, each meeting the requirements of this ordinance with regard to lot area and average lot width, such lot or lots shall no longer be considered nonconforming, and must be used in compliance with the lotarea and averagelotwidth requirements irrespective of subsequent changes in ownership.

(2)

If a lot which is of record at the time of the application of the provisions of this ordinance to such lot is insufficient as to lotarea or averagelotwidth, a single-family dwelling may be constructed on such lot regardless of the requirements of this ordinance with regard to lotarea and averagelot width, but conforming to all other regulations of the district in which such lot is located. Any other provision of this ordinance to the contrary notwithstanding, in any case where a variance is sought for construction on such a lot other than as allowed in this paragraph 67(e)(2), no variance shall be granted for a structure of a size or shape not allowed on the lot under the zoning regulations pertaining to the lot at the time the lot was reduced to its present dimensions.

It is hereby declared to be legislative intent that:

(a)

If a court of competent jurisdiction finds any provisions of this ordinance to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to those provisions which are expressly stated in the decision to be invalid or ineffective, and all the other provisions of this ordinance shall continue to be separately and fully effective.

(b)

If a court of competent jurisdiction finds the application of any provision or provisions of this ordinance to any lot,building or other structure, or tract of land to be invalid or ineffective in whole or in part, the effect of such decision shall be limited to the person, property, or situation immediately involved in the controversy, and the application of any such provision to other persons, property, or situations shall not be affected.

The previous provisions of the New Haven Zoning Ordinance are repealed as of the effective date of this revision. It is not intended that the requirements of any other law or ordinance be repealed or otherwise made ineffective by this ordinance, and in case of conflict the strictest of the relevant provisions of this and other laws and ordinances shall apply.

The effective date of this revision shall be June 5, 1995.