The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1938-03-28
ZONING TRADITIONl

Since the passage of the City Zoning
Ordinance on its final reading Monday
night, there is a real need for amplifica-
ton of the ideas of zOning that the Ordi-
nance and its purposes be understood
clearly
John o. Preston, Dade County ZOning
Director, recently issued a statement which
brought out some of the salient features
Of coming tradition. Although Mr. Preston
is a county and not a citya zening director,
his points are significant to the present
City of Key West ordinance: For this rea-
son number of pertinent paragraphs in
the statement are reproduced below:
Environment exercises great influence on
persons life Since it is becoming more and more
difficult for person to acquire large tracts Of
land to insure proper environment. coming regula
tons to govern the permitted uses of land in
lous neighborhOods are growing in application, SO
that person can choose his environment with
some assurance that it win remain Of the type
desired
Experience has shown that properly prepar-
ed coming restrictions, when finally put into effect.
and properly enforced the strongest influence
for guiding and development of each neighbOr-
hood 50 that the greatest good results the great
est number in the community
at should be understood that requests to
change zone boundaries praaiher exceptions torsss5
kar1 Of the regulations shsald not be granted she
cause of so-called political influence but II is
moa sflportant for coming regulations to be pre-
pared and administered in a manner which IS
neither arbitrary nor unreasonable.
Where it has been shown that damage has
been done by zoning provision working un-
due hardship upon an Individual out of all pro-
portion to average hardships suffered by other
individuals in the neighborhOOd. the courts have
granted relief, and where it has been shown that
the provisions of the coming regulations were for
the purpose of preventing selfish individual from
interpreting his constitutional rights IN way that
would conflict with and infringe upon the
stitutional rights of his neighbors. the courts
have upheld the coming regulations
Regulations for zoning cannot be hard and
fast Meager regulations devoid of alternatives for
variations il situations relating to zoning very Of
ten win not accomplish the desired result, be-
decisions requires that not only must the desired
result be clear but the purpose of the various ION
ing restrictions and regulations must be obvious
Courts have refused to uphold both maxi
mum and minimum limitations on the size of
buildings where evidence presented in court indi-
Gated such provisions of coming regulations to be
arbitrary stf
Courts have ruled that existing buildings
refer to those that lawfully exist Buildings erect
ed in violation of restrictive covenant are IL
legally in existence and anyone investing in
property which exists in violation of law cannot
benefit by such illegal conduct
"On the other hand, where it has been made
clear that requiring certain size of house was for
the purpose of meeting deed restrictions covering
minimum value to be allowed in subdivision. in
order to prevent depreciation of neighbOrhOOd
property values, or where it was clear that the
setback of the building line from the highway
pght-of- way was for purpose relating to the
s4nelaf welfare of the public. courts have upheld
such requirements as a valid exercise Of police
power Of the state. cOasss3or city 49,,
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