New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1916-01-23

imperative that certain degree Of uni
formity in building development be re-
quired, from tho point Of view OF public
safety and welfare. and likewise 1t IL
essential 10 real estate interests. JUS
,ifcation FOR the use Of districting II
plainly apparent under present condi-
tons.
Some question has been raised. how
ever, as 70 tho constitutlonality OF tho
principle of coming. With regard TO
the height of buildings, several cases
have already been decided by state and
Federal courts. tho most conspicuous
being those fow cases appealed to the
United States Supreme Court from
Massachusetts,, In which the limitation
of the height OF buildings was sus-
tanned With regard TO the zoning
principle, an effort was made by the
Advisory Council, the Charities Organ
ization Society and the Brooklyn Blu
reau of Charities, with other organiza-
tons. 70 have a constitutional amend
ment submitted TO the voters at the
last election, approving Of the granting
Of the power Of districting cities In
New York to the Legislature.
IL was the opinion Of number OF
legal authorities In the constitutional
Convention, however, that the consti-
tutionality of this principle could not
be questioned. In this respect both
Judge O'Brien and Professor Reeves
stated that, in their opinions, the de-
cisions Of the United States Supreme
Court explicitly stipulated that this
prerogative resided within the police
mower Of tho state. or course, legis-
lation of this character IS sustained
not for the purpose OF preserving mere
property values, but because It pro.
notes the general physical and moral
welfare Of the people. Every ehort
should be made, therefore, to strength
en- and increase public regulatory pow
ers Of this kind. The benefit which
has come to tenement houses In this
city alone from proper regulations Is
self-evident.
The tenement house. law has been In
successful operation for many years,
and its beneficial effects are manifest
IL has done away with vicious and un-
sanitary congestion and raised the
plane OF living for all classes or per
sons, as well as standardized land val
ues wherever tenement houses are con-
structed. Il Is true that in certain
respects the tenement house law has
been rather drastic and It's mandatory
requirements permit of no discretion
20 be exercised In cases where varis-
lions OF the law might be legitimately
allowed, with a saving OF unnecessary
expense 70 property owners. However,
as a general proposition, the law itself
Is recognized 20 be desirable asset
Ia real estate development
Although there may be some opposi-
ton 20 the limiting OF the heights OF
buildings principle and the districting
Of the city into zonss by certain prop
erty owners, nevertheless such enact
ment would gradually be dissipated
when the plans are thoroughly eX-
planned. The committee on building
districts and restrictions had had fire.
quent meetings OF tho property own
ers throughout the city. Various local
communities have carefully examined
the tentative plans and unanimously
approved OF them. The general con
ference which will be held will be for
the purpose of centring public stten-
ton upon the entire programme. The
present tentative arrangement Is 70
provide for three types Of districts,
namely, use districts, height districts
and area districts. Use districts are
10 he sub-divided into residential
zones. from which business and indus
trial enterprises will be excluded;
business districts from which objec-
tionable trade industries and the
larger t.-pes OF factories will be ex-
cluded. while the remaining portions
OF the city will be left unrestricted as
20 use.
This will include sll areas where an
Industrial use Is anticipated and also
certain large areas in the undeveloped
sections. where either residential or
an industrial use may prove more APP
propriate, depending largely upon fut-
urc port and terminal developments.
with respect 20 heights distr' eta. five
classes are provided. limiting the
height of the building at the street
line 20 a varying multiple Of the street
width. These multiples vary from two
and one-half times the street width. in
office and financial sections Of Manhat-
tan, 70 once the street width. In more
undeveloped sections Of Brooklyn.