health, safety, morals or general Realty where restricting uses in a
welfare. flood plain
Unlike in Dur-Bar was directly tied
the health, safety, morals or general welfare justification exists for precluding all uses
the public, of right in
2. Zoning treatises and journals
standard zoning practices contemplate permitted uses as of right that can be expanded upon by the administrative zoning function. Professor Mandelker writes:
The drafters of the Standard Zoning Act clearly contemplated a zoning process in which the uses designated by the zoning ordinance were permitted "as
of right," administrative
delegated this function to the board of adjustment. It authorized the board to grant variances from the zoning ordinance in cases of hardship, as defined in the Act, and to grant special exceptions authorized by provisions in the zoning ordinance. Many zoning ordinances use the term "special" or "conditional" use rather than "special exception. . . ."
Mandelker, supra, § 6.39, at 6-44 (emphasis added).
¶49 In Anderson's American Law of Zoning, the observation is also made that "[m]ost ordinances impose a broad division of land uses," and, in addition, those ordinances then provide that "specified uses may be established or maintained" pursuant to a