The New York herald., 1922-10-29
EXPERT EXPLAINS
ZONING VIOLATIONS
Tells Residents How to Bring
About an Enforcement
of the Law.
by Il. NJ. BAssErT.

Council to the Zoning Commission.
Nearly every one knows that the
zonng resolution prevents the invasion
OF residence streets by business. but
often residents do not know how to
bring about the enforcement of the law.
In the first place business that was
located before July 25, 1915. when the
coming resolution went into effect, Is
permitted to stay. If, however. the OBJ
jectionable business Is started after
that date the objecting residents should
mail their complaint to the Fire De-
cartment, Municipal Building. Manhat-
tan. The complaint can be signed by a
single person, or better yet by con-
siderable number of the surrounding
residents or owners. 1t should state
that the business was started after July
25. 1916. and also state what the offend
ing business is
The reason why the duty Of enforcing
the law against non-conforming uses
was placed upon the Fire Department
was because the Fire Department COW
ers the entire city. has outside men and
has long carried on system of inspec-
tion and notices for various purposes.
1t was not because these violations
have anything to do with fire. 1t would
haye been natural to place this duty on
are i've building departments Cone in
each borough. it was thought that five
different methods of enforcing the law
might gradually grow up.
The next question is what uses in a
residence distric. are not violations.
Boarding houses. hotels having more
than thirty rooms. clubs. churches.
schools. libraries. asylums and hospitals
are not violations. Accessory uses GUS
tonarily incident to using house as
a home are not violations. A doctor,
Dentist, notary. lawyer. music teacher.
artist or sculptor can, II he resides on
the premises, pursue his calling and
put out a small sign. He cannot put out
display sign. A garage for not over
five cars accessory to residence Is not
a violation. 1t would have been much
100 drastic to try to prevent ordinary
homo pursuits
The test should be whether the pursuit
Is incidental to actual residence,
whether it has been customary In
homes, whether it needs a display sign
or whether considerable number OF
people other than the resident are en-
ployed. II the business becomes the
main thing and residence only an Incl
dent. then it is act allowed. The busi-
ness must be customary and also incl
dental to the residence. For instance,
IA restaurant, a etore. group OF or
fices, storage Of articles for sale, or
Industry of any kind requiring mum
ber of employees Is not allowable. IL
may be said that no signs can be dis
played excepting those of professional
people.
1t Is difficult for the Fire Department
TO know what business was located be-
:ore July 25. 1915. but owners and resi-
dents in the locality always know. on
this account the Fire Department Is not
20 be blamed Il 1t sometimes awaits
complaints. Sometimes the Fire Depart
nent properly asks the complainant 10
furnish an affidavit. If the objection
able business does not stop after notice
from the Fire Department. the Fire De-
partment transmits the violation to the
penalty bureau of the Law Department.
The offender can then be brought be-
fore the Magistrates Court. Lapse OF
time or the existence of other viola
tions will not justify an offender The
rules which apply to private restrictions
10 not apply to the zonlng