Theoretically, the police power is broad enough to warrant the ousting of every non-conforming use but the courts would rightly and sensibly find a method of preventing such a catastrophe. If the police power can be invoked to prevent a new non-conforming building because of its relation to the community health, safety, morals, convenience, and general welfare, it follows that the police power can be invoked to oust existing non-conforming uses. "There is little doubt that under zoning ordinances municipalities if they wish, can succeed in ousting non-conforming uses and buildings. We also did not want to hold a public hearing on this topic during our regular December 20 meeting, as it is during a holiday week when the public will be busy.ī) A special meeting for introduction on November 29 was necessitated based on item (a) above.Ĭ) A special meeting for Planning Board review is necessitated based on items (a) and (b) above.Membership for Allied Professionals & CitizensĮducation, Work, and Experience Verificationġ313 EAST 60TH STREET - CHICAGO 37 ILLINOIS Council wants to give the public as much time as possible to ask questions and not have the public hearing compressed into a regular business meeting. Allowing time to properly inform the public on the matter, with details as follows:Ī) To allow adequate time for a public hearing during the second reading of the ordinance, a special meeting was scheduled for December 13.
Concluding the settlement discussions prior to the end of 2021, as directed and recommended by the Court.Ģ. The rationale for holding a series of special meetings is in the interest of the following:ġ. Mayor and Council, along with our Borough Professionals, have prepared a full update and background information on this matter, which will be fully disseminated to the public during the public hearing scheduled for December 13, 2021. The Borough is in the process of concluding the settlement of this litigation. In a builder’s remedy lawsuit, the plaintiff sues to rezone a property to allow for construction of higher density housing than what current zoning allows, provided that the development includes a set aside of affordable housing units that are designated for low and moderate income. In May 2018, a builder’s remedy lawsuit was brought against the Borough regarding the vacant property on Princeton Avenue, commonly known as the Schafer Tract (Block 10, Lot 19).
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