Re: gardening as a permitted use
- Subject: Re: [cg] gardening as a permitted use
- From: Adam36055@aol.com
- Date: Wed, 23 Apr 2003 11:29:33 EDT
In a message dated 4/23/03 4:03:45 AM Eastern Daylight Time,
<< Adam, isn't a thing legal if it is not specifically prohibited? >>
In Land Use zoning practice:
There is a zoning code which designates certain uses (residential,
commerical, manufacturing, agricultural, etc.) for specific geographical
areas in a municipality. Within a zoning code, there are therefore
conforming and non conforming uses. Sometimes, when there is change in a
neighborhood (as when in NYC, a manufacturing area like Soho, where the light
manufacturing lofts got converted into first artists and then millionaire's
lofts, the living lofts were first "legalized" and made "permitted
Then as developers forced out many of the remaining businesses (i.e.,
manufacturing jobs for working class people) the zoning of the area was
changed, but the remaining manufacturing businesses became "grandfathered"
old zoning uses. Thus, residential became "the conforming use", and
manufacturing became the "non conforming use".
Now a "permitted use" means that a use can be permitted under either the
"conforming use" or as a "permitted, non-conforming use." under the
municipality's zoning regulations.
The process is political, that is why it is important for communty gardeners
to be knowledgable of the process and where possible, be in a position to
affect the zoning process through their elected officials or a members of
local community zoning advisory boards.
I sit on my community planning board's Land Use and Zoning committees - I
lot of meetings at night, but very, very helpful...
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