ORDINANCE #1726
ENACTED 12/2/2013
26 AYES 0 NOS
ZONING ORDINANCE TEXT AMENDMENT (I) TO MODIFY THE BUILDING, PARKING, OPEN SPACE, PROFESSIONAL OFFICES AND RETAIL REQUIREMENTS FOR GENERAL HIGH DENSITY DISTRICTS (RH‑2) (SECS.16 AND 28); (II) TO ADD, MODIFY AND DELETE DEFINITIONS; (SEC. 1), (III) IN RESIDENCE DISTRICTS, TO DELETE GARDEN APARTMENTS PROVISIONS (SEC. 22), DELETE OPTIONAL RULES FOR MEASURING BUILDING HEIGHT (SEC. 30), PERMIT COMPACT CAR SPACES (SEC. 29), ELIMINATE SCREENING REQUIREMENTS FOR PARKING LOTS ON PUBLIC HOUSING AUTHORITY LOTS (SEC. 29), MODIFY MINIMUM HORIZONTAL DISTANCE REQUIREMENTS BETWEEN BUILDINGS (SEC. 23), ALLOW PARKING ON ANOTHER LOT IN MULTI-LOT RESIDENTIAL DEVELOPMENTS, (SECS. 14 – 17), (E) REDUCE REQUIRED USABLE OPEN SPACE IN THE RH‑1 AND RO DISTRICTS (SECS. 15 AND 18); AND (IV) TO AMEND SECTION 43 TO REFLECT NEW USABLE OPEN SPACE AND COMMON AMENITY SPACE DEFINITIONS.
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WHEREAS, on September 16, 2013, pursuant to 1925 Special Act No. 490, § 5, the Charter of the City of New Haven, § 184 and Section 64(d)(1) of the Zoning Ordinance, City of New Haven (the “Zoning Ordinance”), Karyn M. Gilvarg, AIA, the Executive Director of the New Haven City Plan Department filed with the New Haven City Clerk for transmission to the Board of Aldermen a petition requesting that the Board of Aldermen amend the text of the New Haven Zoning Ordinance (i) to modify the building, parking, open space, professional offices and retail requirements for General High Density Districts (RH‑2) (Secs. 16 and 28); (ii) to add, modify and delete definitions; (Sec. 1), (iii) in residence districts, to delete Garden Apartments provisions (Sec. 22), delete Optional Rules for measuring building height (Sec. 30), permit Compact Car Spaces (Sec. 29), eliminate screening requirements for parking lots on public housing authority lots (Sec. 29), modify Minimum Horizontal Distance requirements between Buildings (Sec. 23), allow parking on another lot in Multi-Lot Residential Developments, (Secs. 14 – 17), (e) reduce required usable open space in the RH‑1 and RO Districts (Secs. 15 and 18); and (iv) to amend Section 43 to reflect new usable open space and common amenity space definitions
WHEREAS, on September 16, 2013, pursuant to Section 184 of the City of New Haven Charter, the Board of Aldermen referred the Petition to the New Haven City Plan Commission for a public hearing; and
WHEREAS, on October 16, 2013, the City Plan Commission held a public hearing on the Petition after providing due notice of such hearing in accordance with the provisions of law; and
WHEREAS, on October 16, 2013, the City Plan Commission rendered an advisory report to the Board of Aldermen after considering the factors set forth in Section 64(d)(2) of the Zoning Ordinance recommending approval of the Petition, CPC Report No. 1483-04; and
WHEREAS, on November 14, 2013, the Legislation Committee of the Board of Aldermen after due notice held a public hearing on the Petition; and recommended approval of the Petition; and
WHEREAS, the Board of Aldermen finds that the text amendments to the Zoning Ordinance requested in the Petition are in accordance with the comprehensive plan of development for the City of New Haven as such amendments will encourage intensive residential development in the RH‑2 Districts and are appropriate for the other districts to which they will apply; and
WHEREAS, the Board of Aldermen further finds that the text amendments to the Zoning Ordinance requested in the Petition are designed to lessen congestion in the streets, secure safety, promote health and the general welfare, provide adequate light and air, prevent the overcrowding of land, avoid undue concentrations of population, provide adequate provisions for all forms of transportation and other public requirements, reflect the character of the RH‑2 districts and the other districts to which they will apply and their peculiar suitability for the uses to be allowed in such districts, conserve the value of existing buildings, and encourage the most appropriate use of land in the City; and
WHEREAS, the Board of Aldermen further finds that the text amendments to the Zoning Ordinance requested in the Petition are uniform for each class of buildings or structures throughout the RH‑2 districts and the other districts to which they will apply.
NOW THEREFORE BE IT ORDAINED by the Board of Aldermen of the City of New Haven that the Petition of the Executive Director of the City of New Haven City Plan Department for amendments to the text of the Zoning Ordinance is hereby granted and that the Zoning Ordinance shall be amended in the manner set forth in Schedule A attached hereto, which schedule is incorporated by reference.
BE IT FURTHER ORDAINED that the aforesaid Zoning Ordinance text amendments shall take effect upon publication of said amendments pursuant to Section 41 of the Charter of the City of New Haven.
Except as amended herein, the text of the Zoning Ordinance of the City of New Haven shall remain in full force and effect.