Municipalities — Zoning — Change from commercial to residential use — Non-conforming use — Change of non-conforming use to another use of same class.
1. Where it appeared that prior to 1947 a property was used as the principal office for the sale of real estate and that such use was a conforming use under a zoning ordinance as it then existed, which classified the area as a commercial district in which permitted uses included "office"; and it further appeared that in 1947 the area was changed from a commercial district to a residence district, in which offices were prohibited, and thereafter the owner of the property sought to change the then non-conforming use of the land from a sales office for real estate to a sales office for machinery, it was Held that the proposed new non-conforming use fell within the same sub-division of the use class previously permitted and was permissible as a continuing non-conforming use. [576-82]
2. The spirit of the zoning law is not to inflict any greater loss or hardship on an owner than is necessary to accomplish the purpose of zoning. [582]
OPINION PER CURIAM, March 22, 1954:
The decree is affirmed on the opinion of President Judge KNIGHT. Costs to be paid by the appellants.