session during the closed season even of game imported
from abroad.[378]

LIMITATIONS ON OWNERSHIP

Zoning, Building Lines, Etc.

By virtue of their possession of the police power, States and their
municipal subdivisions may declare that in particular circumstances and
in particular localities specific businesses, which are not nuisances
_per se_ are to be deemed nuisances in fact and in law.[379]
Consequently when, by an ordinance enacted in good faith, a
municipality prohibited brickmaking in a designated area, the land of a
brickmaker in said area was not taken without due process of law,
although such land contained valuable clay deposits which could not
profitably be removed for processing elsewhere, was far more valuable
for brickmaking than for any other purpose, and had been acquired by him
before it was annexed to the municipality, and had long been used as a
brickyard.[380] On the same basis laws have been upheld which restricted
the location of dairy or cow stables,[381] of livery stables,[382] of
the grazing of sheep near habitations.[383] Also a State may declare the
emission of dense smoke in cities or populous neighborhoods a nuisance
and restrain it; and regulations to that effect are not invalid even
though they affect the use of property or subject the owner to the
expense of complying with their terms.[384]

Not only may the height of buildings be regulated;[385] but it also is
permissible to create a residential district in a village and to exclude
therefrom apartment houses, retail stores, and billboards. Before
holding unconstitutional an ordinance establishing such a district, it
must be shown to be clearly arbitrary and unreasonable and to have no
substantial relation to the public health, safety, or general
welfare.[386] On the other hand, erection of a home for the aged within
a residential district cannot be made to depend upon the consent of
owners of two-thirds of the property within 400 feet of the site
thereof;[387] nor may the interests of nonassenting property owners be
ignored by an ordinance which requires municipal officers to establish
building lines in a block on request of owners of two-thirds of the
property therein.[388] But ordinances requiring lot owners, when
constructing new buildings, to set them back a certain distance from the
street lines is constitutional unless clearly arbitrary or
unreasonable.[389] However, colored persons cannot be forbidden to
occupy houses