![]() Municipalities have generally been permitted to decide whether zoning ordinances should or should not include regulations applying to uses and buildings already in existence. New York City, the first city to establish height, area and use zoning (even before the word "zoning" was used), does not contain such a provision in its Charter, nor does the zoning enabling legislation of the State of New York contain such a provision. However, the standard zoning enabling act prepared by the United States Department of Commerce in 1926 contains no such provision, nor do most state enabling acts. ![]() Some state zoning enabling acts contain provisions that zoning regulations shall not be made retroactive, thus precluding the elimination of non-conforming uses. It was believed that so long as additional non-conforming uses were forbidden and existing non-conforming uses were not extended, that no substantial injury would be caused to the community. In the past, believing that zoning could stabilize land use and protect future development, without removing structures or land uses already in existence, most communities adopting zoning regulations permitted existing uses and buildings to continue even if they did not conform to the regulations for the district in which they were situated. This report will indicate some of the ways communities have devised to establish reasonable regulations for the elimination of non-conforming uses. This brings us to the difficult problem with which we must often cope in zoning - that is, the establishment of the line between what is a reasonable regulation and what is unreasonable." Edward M. Theoretically, the police power is broad enough to warrant the ousting of every non-conforming use but the courts would rightly and sensibly find a method of preventing such a catastrophe. If the police power can be invoked to prevent a new non-conforming building because of its relation to the community health, safety, morals, convenience, and general welfare, it follows that the police power can be invoked to oust existing non-conforming uses. "There is little doubt that under zoning ordinances municipalities if they wish, can succeed in ousting non-conforming uses and buildings. ![]() Membership for Allied Professionals & CitizensĮducation, Work, and Experience Verificationġ313 EAST 60TH STREET - CHICAGO 37 ILLINOIS ![]()
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