New-York tribune., 1922-10-29
How TO Safeguard
Character OF Your
Home Section
Fire Department Champion
of Zone Regulation;
Ready at All Times to-
Evica Those Who Violate
Bv E. Nj. Bas.ets

Nearly every one knows that the zon-
ing resolution prevents the invasion of
residence streets by business, but often
residents do not know how Co bring
about the enforcement Of the Law. In
the first place business that was io-
Gated before July 25, 1916, when tho zon-
ing resolution went into effect, Is per-
mitted TO stay. II, however. the objec-
tionable business was started after
that date, the objecting residents
should mail their complaints to the
Fire Department, Municipal Building,
Manhattan. The complaint should
state that the business was started
after July 25. 1916, and also what she
offending business Is. The reason why
the duty of enforcing the law against
non-conforming uses was placed upon
the Fire Department was because IL
covers the entire city, has outside men
and has long carried on a system of
inspection and notices for various pur-
poses. It was not because these viola
tions have anything to do with hre. Il
would have been natural to place this
duty on the Building Department, but
as there Ire five building departments
Zone in each borough) 1t was thought
that FIVE different methods OF enforcing
the law might gradually grow up.
The next question Is what uses in
residence district are not violations.
Boarding houses, hotels having more
than thirty rooms, clubs, churches,
schools, libraries, asylnms and hos
pitals are not violations. Accessory
uses customarily incident TO using y
house as home are not violations. A
doctor, dentist, notar lawyer, music
teacher, artist or sculptor can, if he
resides on the premises, pursue his
calling and put out small sign. He
cannot put out display sign.
A garage for not over five cars ac-
cessory to a residence is not a viola
tion. 1t would have been much too
drastic to try to prevent ordinary home
pursuits. The test should be whether
the pursuit is incidental to actual resi-
dence, whether 1t has been customary
in homes, whether it needs a display
sign or whether considerable number
of people other than the resident are
employed. II the business becomes the
main taing and residence oniy an incl
dent, then 1t Ia not allowed. The husi-
ness must Do customary and asso incl
dental to the residence. For instance,
restaurant, store, y group Of Of
fees, storage Of articles for sale, on
industry of any kind requiring a num-
Der Of emp,o ees is not allowable. Il
may be said that NO 81 .ps can be dia-
played excepting those Of professional
people.
It is difficult for the Fire Depart.
ment to know what business was To-
Gated before July rs, 1916, but owners
and residents in the locality always
know. On this account the department
is not to be blamed If It sometimes
awaits complaints. Sometimes the Fire
Department properly asks the com.
plainant to furnish an affidavit. Il the
Objectionable business does not stop
after notice from the Fire Department
| the department transmits the violation
to the penalty bureau OF the law de-
! partment. The offender can thus b.
( brought before magistrate. Lapse oi
| time or the existence Of other viola
tions will not justify an offender. Ths
rules which apply to private rsstsic.
tions do not apply 20 ths soninR.