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1 Zoning Dig. 1 (1949)

handle is hein.journals/planevirw1 and id is 1 raw text is: ZONING DIGEST Published by AMERICAN SOCIETY OF PLANNING OFFICIALS 1313 EAST 60TH STREET, CHICAGO 37, ILLINOIS Volume 7 April, 1949 Pages 1-16 ARE THE CITY, THE STATE, AND THE FEDERAL GOVERNMENT BOUND BY A LOCAL ZONING ORDINANCE? Should a City Department violate the zoning ordinance adopted by the municipality? Should an incinerator or a water tank be constructed in an area which has been zoned for residential purposes ? This is a moral question which will not be discussed at any great length. If the community expects the citizens to conform to the provisions of the zoning ordinance, it would seem that the community itself should be the first to conform to the provisions of the ordi- nance enacted by the legislative body. Yet there have been instances where the community has violated the terms of the zoning ordinance by erecting a business structure in a park, within an area zoned for residential purposes. More extreme cases have been the erection of incinerators within or adja- cent to residential areas. The question we are concerned with is: May the City or the State or the Federal government violate the terms of a locally adopted zoning ordinance ? It seems clear the Federal Government is not bound by the terms of a local zoning ordinance. (See Tim v. City of Long Branch et al. Court of Errors and Appeals, New Jersey, May 15, 1947, 53A (2d) 164.) The issue in this case was whether the United States Govern qent had the right to convert a leased residence into an apartment in violation of the zoning ordinance of the City of Long Branch, New Jersey. The owner of the property entered into an arrangement with the National Housing Agency to convert a single dwelling into Digitized from Best Copy Available

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