Ilasi v. Board of Zoning Appeals

This article 78 proceeding presents the unusual question of whether a municipality can confer the status of ‘ ‘ nonconforming use ” on an illegal use, retroactively.

On November 4, 1970, the City of Long Beach enacted an amendment to its zoning ordinance which permitted two-family dwellings in a one-family use district, if the two-family dwelling was in use and existence prior to said date. The amendment does not change the permitted use in the district — it remains a one-family residential use district. The City of Long Beach, in its answer, states the legislative intent of the amendment as…