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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, 
gfcp@mindspring.com writes:

<< 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 
non-conforming uses." 

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...

Best wishes,
Adam Honigman

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