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8 Zoning Dig. 1 (1956)

handle is hein.journals/planevirw8 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 8 JANUARY 1956 Pages 1-24 Used Car Lot Not Permitted in Neighborhood Business Dis- trict. Standards Must Be Explicit. Nonconforming Use Does Not Arise from Violation. Nonconforming Use May Not Be En- larged. Storage of Automobiles Does Not Authorize Their Sale. Gross v. Allan, Superior Court of New Jersey, Appellate Division, Oct. 17, 1955, 117 A.2d 275 Plaintiffs brought proceedings demanding that the town authorities of Kearny, New Jersey issue a license to sell mo- tor vehicles on a plot of land upon which they have an automo- bile service station. The property is located in a C-1 (neigh- borhood business) district. The sale of used cars is not per- mitted in this district. The language in the ordinance speci- fically permits the sale of used cars in the C-2 (central busi- ness), the N-1 (restricted manufacturing), and the M-2 (gen- eral industrial) districts. The property had originally been zoned for residential purposes but in 1952 had been rezoned to neighborhood busi- ness because it lies opposite commercial property in another county and borders on an important highway. The property immediately surrounding it is built up solidly with single- family residences. Plaintiffs claimed a nonconforming use because from time to time they had displayed a single used car for sale. Also involved was the licensing ordinance governing the sale of used cars. While not deciding the matter on the basis of the licensing ordinance, which the court found invalid, the court did make some pertinent statements with respect to standards that must be clearly set forth in any licensing ordinance if it is to be valid. The court said: There is no escape from the essentiali- ty of specific provisions plainly stating the norms or stan-

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