This is an appeal by the plaintiff from a denial by the court of an injunction against *307 the defendants. The issue is singular and unique in its facts. The appeal raises the question whether the court erred in failing to find that the defendant Synanon Foundation, Inc., was in violation of § 1 (B) (1) of chapter 3 of the Westport zoning regulations (1958, as amended), which limits the occupancy of dwellings in the town’s AAA residential zone to “one family per lot.” It should be emphasized that the nature of Synanon’s program, ¡ which may be meritorious, is not involved as an issue in this case, and our decision is directed solely to the interpretation and enforcement of the zoning ordinance already described.
A lengthy recital of the facts is unnecessary. Synanon Foundation, Inc., a charitable foundation incorporated under the laws of California, leased a very large house at 249 Greens Farms Boad, which is in a restricted residential area designated by the Westport ordinance as an AAA zone. The plaintiff claimed that Synanon was violating the one family per lot zoning restriction and brought this action to enjoin it and seven individuals from further violation of the ordinance. The issues were tried to the court, which found that the plaintiff failed to prove a violation of the one family per lot restriction. The present appeal was then taken by the plaintiff. The claim as to the seven individual defendants has not been pressed, and we therefore consider only the claim as to Synanon, hereinafter referred to as the defendant.
From the trial court’s finding of subordinate facts, together with such corrections as are warranted, the conclusion is inescapable that the premises were residentially occupied by a large number of persons who, with minor exceptions, were unrelated to one another. There was testimony *308 by town officials that in the course of their inspections, which covered thirty-eight separate dates during the period from February 27,1963, to March 18, 1964, they found that a number of persons, ranging in total from eleven to thirty-four, were ostensibly living on the premises at various times and for differing periods. These inspections, which were made with the full cooperation of those found on the premises, disclosed twenty-four beds, including one double bed, on the second floor and additional sleeping quarters, as well as a fully equipped barber shop, on the third floor. The rest of the evidence either supports or is consistent with the conclusion that a large number of unrelated persons were residing at the dwelling leased by and under the control of the defendant.
The inclusion of regulated residential districts within the general zoning ordinance, such as we have in this case, has been reviewed and upheld by the courts on many occasions. See, e.g.,
Fitzgerald
v.
Merard Holding Co.,
The only remaining question is whether the phrase “one family,” which is left undefined in the Westport zoning ordinance, is broad enough to encompass the group of persons residing at the premises leased by the defendant. The trial court concluded that the use of this property as found was not excluded by the zoning ordinance. The applicable provision of the ordinance, which is a permissive rather than a prohibitory ordinance,
*309
allows “[o]ne detached dwelling for occupancy by one family per lot.” Westport Zoning Regs., c. 3, § 1 (B) (1) (1958, as amended). Obviously the use of this dwelling was not by one family, under any definition, since the trial court found that it was occupied over a long period of time by an ever-changing aggregate of individuals. Such a group of individuals, who were sleeping, cooking, eating, working, and carrying on other activities at these premises, cannot be interpreted to come within the meaning of the word “family,” either according to common usage or under the dictionary definitions, and the trial court’s conclusion to the contrary, in the absence of a controlling definition in the ordinance, cannot be sustained.
Schenectady
v.
Alumni Assn. of Union Chapter, Delta Chi Fraternity, Inc.,
5 App. Div. 2d 14, 15,
The language of the ordinance must be given a construction which is reasonable under all the circumstances.
Hutchison
v.
Board of Zoning Appeals,
Under the foregoing circumstances we hold that the trial court erred in failing to find that the defendant was in violation of the one family per lot restriction of the Westport zoning ordinance. In the view which we take of the case it is unnecessary to review the questions of evidence which have been made a part of this appeal.
There is error, the judgment is set aside and the case is remanded with direction to issue injunctive relief against the defendant Synanon Foundation, Inc., in proper form, after hearing, to be effective within a reasonable time.
In this opinion the other judges concurred.
Notes
“A word is not a crystal, transparent and unchanged, it is the skin of a living thought and may vary greatly in color and content according to the circumstances and the time in which it is used.”
Towne
v.
Eisner,
The purposes of the Westport zoning ordinance, as set out in the preamble, include the following: “. . . to avoid undue concentration of population See also General Statutes § 8-2.
