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lic requirements. Such regulations shall be made with reasonable consideration, among other things, to the character of the district and its peculiar suitability for particular uses, and with a view to conserving the value of buildings 25 and encouraging the most appropriate use of land throughout such municipality.

SEC. 4. METHOD OF PROCEDURE.-The legislative body of such municipality shall provide for the manner 26 in which such regulations and restrictions and the boundaries of such districts shall be determined, established, and enforced, and from time to time amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing 27 in relation thereto, at which parties in interest and citizens 28 shall have an opportunity to be heard. At least 15 days' notice 29 of the time and place of such hearing shall be published in an official paper, or a paper of general circulation, in such municipality. SEC. 5. CHANGES.30 -Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against such change,31

24" peculiar suitability for particular uses" This is a reassurance to property interests that zoning is to be done in a sane and practical way.

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conserving the value of buildings": It should be noted that zoning is not intended to enhance the value of buildings but to conserve that value— that is, to prevent depreciation of values such as come in blighted districts," for instance-but it is to encourage the most appropriate use of land. 'provide for the manner": In view of the great variety in the form of government that exists throughout the country, it is not thought wise to use the expression "provide by ordinance," for that method may be inappropriate in those communities that have commission government or city managers.

26

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after a public hearing": It is thought wise to require by statute that there must be a public hearing before a zoning ordinance becomes effective. There should be, as a matter of policy, many such hearings.

25" and citizens": This permits any person to be heard, and not merely property owners whose property interests may be adversely affected by the proposed ordinance. It is right that every citizen should be able to make his voice heard and protest against any ordinance that might be detrimental to the best interests of the city.

29

"“15 days' notice": This requirement can be varied to conform to local custom. All that is important is that there should be due and proper notice and ample time for citizens to study the proposals and make their opposition manifest.

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'Changes": It is obvious that provision must be made for changing the regulations as conditions change or new conditions arise, otherwise zoning would be a 'strait-jacket" and a detriment to a community instead of an asset.

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change": This term, as here used, it is believed will be construed by the courts to include " amendments, supplements, modifications, and repeal," in view of the language which it follows. These words might be added after the word change," but have been omitted for the sake of brevity. On the

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signed by the owners of 20 per cent or more either of the area of the lots 32 included in such proposed change, or of those immediately adjacent 33 in the rear thereof 34 extending feet therefrom,35 or of those directly opposite 36 thereto extending feet 35 from the street frontage of such opposite lots, such amendment shall not become effective except by the favorable vote of three-fourths of all the members 37 of the legislative body of such municipality. The provisions of the previous section relative to public hearings and official notice shall apply equally to all changes or amendments.

SEC. 6. ZONING COMMISSION.-In order to avail itself of the powers conferred by this act,38 such legislative body shall appoint a other hand, there must be stability for zoning ordinances if they are to be of value. For this reason the practice has been rather generally adopted of permitting ordinary routine changes to be adopted by a majority vote of the local legislative body but requiring a three-fourths vote in the event of a protest from a substantial proportion of property owners whose interests are affected. This has proved in practice to be a sound procedure and has tended to stabilize the ordinance.

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area of the lots": Most laws heretofore enacted, based on the first enactment in New York City, have used ownership of feet frontage as the basis for this consent. This has given rise to many difficulties in practice, especially with corner lots which have frontage on two streets and whose owners accordingly have had two votes to the single vote of the other property owners. In order to get rid of this unnecessarily complex method of determining solely the question of assent to a change in the ordinance, it is recommended that area of the lots included in the proposed change be used as the basis instead of feet frontage. This will do away with the present unfair element of double voting and the unnecessary complications of the generally used method.

83 66 'or of those immediately adjacent": There are three groups of property ownership, and if 20 per cent of any one of these object to the proposed change it will require a three-fourths vote of the legislative body before the change can become effective. These three are (1) the owners of the lots included in the change, (2) the owners of the lots immediately adjacent in the rear, and (3) the owners of the lots directly opposite.

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34" immediately adjacent in the rear thereof ": This phrase is necessary for precision; otherwise there will be doubt, and owners of lots in the rear but some distance away might claim the right to be included in the objection. 35.66 extending feet therefrom": There should be inserted in the act the number of feet which is the prevailing lot depth in the municipalities of the State.

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directly opposite": The same considerations apply to this phrase as to "immediately adjacent in the rear thereof."

"all the members": It is important to use this expression, otherwise changes in the ordinance might be made by a three-fourths vote of the members present at a given meeting.

38" In order to avail itself of the powers conferred by this act": Without this phrase it would be necessary for the local legislative body forthwith to appoint a zoning commission, even though it was not desired to take up zoning at that time. This act is an enabling act empowering action, not making it mandatory.

commission,39 to be known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report, and such legislative body shall not hold its public hearings or take action until 40 it has received the final report of such commission. Where a city plan commission 1 already exists, it may be appointed 2 as the zoning commission.43

SEC. 7. BOARD OF ADJUSTMENT.-Such local legislative body may provide for the appointment of a board of adjustment, and in the regulations and restrictions adopted pursuant to the authority of this act may provide that the said board of adjustment may, in appropriate cases and subject to appropriate conditions and safeguards, make special exceptions to the terms of the ordinance in harmony with its general purpose and intent and in accordance with general or specific rules therein contained.

39"shall appoint a commission": Even though a committee of the local legislative body might be entirely competent to undertake the painstaking, careful, and prolonged detailed study that is ordinarily involved in the preparation of a zoning ordinance and map, the appointment of an outside body of representative citizens is most desirable as a means of securing that participation in and thorough understanding of the zoning ordinance which will insure its acceptance by the people of the particular municipality. One of the most important functions of such a commission is the holding of numerous conferences in all parts of the city with all classes of interests. No zoning ordinance should be adopted until such work has been done.

40" shall not hold its public hearings or take action until": This is a proper safeguard against hasty or ill-considered action. It should be carefully noted that this is in no sense a delegation of its powers by the local legislative body to the zoning commission. The legislative body may still reverse the recommendations of the zoning commission.

41.66 city plan commission": It is highly desirable that all zoning schemes should be worked out as an integral part of the city plan. For that reason the city plan commission, preferably, should be intrusted with the making of the zoning plan.

42" may be appointed": It should be noted that its appointment is not made mandatory, however, as sometimes there will be local reasons for desiring a separate body.

43" Zoning commission": Some laws contain a provision to the effect that all changes in the ordinance shall be reported upon by the zoning commission before action on them can be taken by the legislative body. Such a provision has not been included here. In the first place, that involves continuing the zoning commission as a permanent body, which may not be desirable. In the second place, it is before a zoning ordinance is established that the necessity exists for that careful study and investigation which a zoning commission can so well perform. Amendments to the original ordinance do not as a rule require such comprehensive study and may be passed upon by the legislative body, provided that proper notice and opportunity for the public to express its views have been given.

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The board of adjustment shall consist of five members, each to be appointed for a term of three years and removable for cause by the appointing authority upon written charges and after public hearing. Vacancies shall be filled for the unexpired term of any member whose term becomes vacant.

The board shall adopt rules in accordance with the provisions of any ordinance adopted pursuant to this act. Meetings of the board shall be held at the call of the chairman and at such other times as the board may determine. Such chairman, or in his absence the acting chairman, may administer oaths and compel the attendance of witnesses. All meetings of the board shall be open to the public. The board shall keep minutes of its proceedings, showing the vote of each member upon each question, or, if absent or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions, all of which shall be immediately filed in the office of the board and shall be a public record.

Appeals to the board of adjustment may be taken by any person aggrieved or by any officer, department, board, or bureau of the municipality affected by any decision of the administrative officer. Such appeal shall be taken within a reasonable time, as provided by the rules of the board, by filing with the officer from whom the appeal is taken and with the board of adjustment a notice of appeal specifying the grounds thereof. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken.

An appeal stays all proceedings in furtherance of the action appealed from, unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal shall have been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property. In such case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by a court of record on application on notice to the officer from whom the appeal is taken and on due cause shown.

The board of adjustment shall fix a reasonable time for the hearing of the appeal, give public notice thereof, as well as due notice to the parties in interest, and decide the same within a reasonable time. Upon the hearing any party may appear in person or by agent or by attorney.

The board of adjustment shall have the following powers:

1. To hear and decide appeals where it is alleged there is error in any order, requirement, decision, or determination made by an ad

""each to be appointed for three years": This can be altered to provide for overlapping terms, if desired.

ministrative official in the enforcement of this act or of any ordinance adopted pursuant thereto.

2. To hear and decide special exceptions to the terms of the ordinance upon which such board is required to pass under such ordinance.

3. To authorize upon appeal in specific cases such variance from the terms of the ordinance as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinance will result in unnecessary hardship, and so that the spirit of the ordinance shall be observed and substantial justice done.

In exercising the above-mentioned powers such board may, in conformity with the provisions of this act, reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and may make such order, requirement, decision, or determination as ought to be made, and to that end shall have all the powers of the officer from whom the appeal is taken.

The concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance.

Any person or persons, jointly or severally, aggrieved by any decision of the board of adjustment, or any taxpayer, or any officer, department, board, or bureau of the municipality, may present to a court of record a petition, duly verified, setting forth that such decision is illegal, in whole or in part, specifying the grounds of the illegality. Such petition shall be presented to the court within 30 days after the filing of the decision in the office of the board.

Upon the presentation of such petition the court may allow a writ of certiorari directed to the board of adjustment to review such decision of the board of adjustment and shall prescribe therein the time within which a return thereto must be made and served upon the relator's attorney, which shall not be less than 10 days and may be extended by the court. The allowance of the writ shall not stay proceedings upon the decision appealed from, but the court may, on application, on notice to the board and on due cause shown, grant a restraining order.

The board of adjustment shall not be required to return the original papers acted upon by it, but it shall be sufficient to return certified or sworn copies thereof or of such portions thereof as may be called for by such writ. The return shall concisely set forth such other facts as may be pertinent and material to show the grounds of the decision appealed from and shall be verified.