New Britain herald., 1924-03-08
PROTECTING PROPERTY

PROTECTING PROPERTY
 The common council last evening
 adopted q resolution allowing the ex
 penditure of not more than s5, 900 fol
 preparing a zoning ordinance and ell
 abling act. which must be passed b.
 the legislature before the city may be
 zoned. Good As proper precautior
 to keep property from deteriorating ir
 value until the time such zoning ordi-
 nance will take care of such matters
 the common council adopted also two
 ordinances. They are advertised in
 this issue of the Herald, and reference
 is made to them for their exact word
 ing.
 The first ordinance. to which no ob-
 iection was made provides in effect that no garage, filling station. auto mobile repair shop or building for storage of automobiles shall be newly erected, nor any structures altered into such character Of building texcept those for private use) in "a locality where 75 per cent of the buildings and building lots, plotted or held as such. within radius of 500 feet from said proposed, altered, maintained or used building are used for strictly res dential purposes nor within 500 feet of school or church. etc. property. This, of course, is aimed 10 keep pub lie garages and filling stations at least 500 feet away from districts where 75 per cent of the property is held for residential purposes.
 Provision is made for revocation Of permits and for penalties, as detailed in the advertisement referred to. a-.
 This ordinance is strictly mandatory and provides what sort of garages and filling stations shall not be put up or altered Into something now prohibit cd in certain localities. II protects abe solutely strictly residential districts, and guards districts which arc 70 per cents residential from further en- croachment by public garages, filling stations etc.
 The second ordinance, to which also reference is made. is less definite in its characterization of the buildings. and gives the building commission some latitude in granting permits. NO factory building, coal pocket, storage building, public garage or filling sta- ton. creamery, stable or billboard shall be built or located in residcn- iiai section of the city, which in the opinion Of tho building commission would have a tendency to depreciatc the surrounding property" but if 75 per cent of the owners Of property in the immediate vicinity are in favor ot removing the restriction for any of the buildings mentioned, the building | commission may" grant permit for the erection of such building.
 Thus il is seen the building com mission is moi obliged to remove the | restriction. Ii may" do it, that is all. It leaves the prDpriety Of the pro- posed building to the judgment Of the commission. The ordinance. as originally presented, and as Is provid- td in the Hartford ordinance which. il is believed. has not been contested. provides that TO "'ofher building" which in the opinion Of the commis- sion would "dcpreciate the surround ing property" may be built in such residential section.
 The objection made to thus broad characterization at inc meeting last night was that the commission might refuse to allow the erection of q two family house in such residential sec ton where there wer" only onc-famiiy houses. or that inc commission might , decalre proposed residence was not [ fine enough for that locality. II Is quite | probable that courts. cUnstruing this ordinance reasonably, might under [ stand that Ii was not thr intention to | make the prohibition as strict as this. { and would allow tiIe erection of other 2 buildings II they were t1 I,e used for [ seetniy residential purposes. However r the ordinance might well it. altered , later to make this meaning clear. aad f the words ''or any other bu'iIinz' in- 1 aeftes. modified by the cIauHe moi io g be used for residential pIrp5s. s.'' s Ii must be remembered that ;he courts will not aIioU an un-esaoaabto s ordinance to stand thst wtt take T away anyone-s eqgity. out tbas tbs e courts will recognize ihe proper de- | sire of city to pr0tec1 property value | through such ordinances. They gfH g interpret sBch 1rIiHs8stss reasonably ii Lrsins to read into thsm a rcas0nable a