The New York herald. [volume] (New York, N.Y.) 1920-1924, 1920-12-19
BUILDING ZONE LAW
SHOULD BE CHANGED
Actual Practice Shows 1t Can
Be Improved, Says Counsel
for Commission.
BY EDWARD Nj. BAsSETT.


Experience with the operation of the
building zone ordinance for four years
past has proved that 1t was remarkably
adapted to the needs of New York city,
but as was inevitable actual practice
has shown that 1t can be improved.
The use map shows three kinds of dis
tricts-residential. business and unre-
stricted. A fourth kind should be added
between business and unrestricted
called light industry" In light in
dustry districts all kinds of business
and uses should be allowed excepting
such as produce fumes. smoke. noise or
are otherwise of nuisance character,
or which are subject to great fire risk
or other hazards.
Thees excluded industries are in some
cities which have recently adopted the
coming plan. called heavy Industries
and as a rule they need large plots of
land. Light Industry should be pro-
tected against the invasion of heavy
industry. In Cleveland wise man de-
veloped large area for light industry
placing restrictions in deeds against
heavy industry. 1t turned out that
many light industries sought this local
ity because nuisance industries were
prohibited. 1t is to-day the finest man.
ufacturing locality of Cleveland.
Most of the lower part of Manhattan
is unrestricted on the use map. Large
built up areas in all of the boroughs
are similarly unrestricted. Their main
protection against nuisances or heavy
industries is the fact that they are built
up and land values are high. Most Of
these areas should be placed in the light
industry district and new heavy indus
tries should be excluded. The heavy in
dustry districts should be along the
waterfronts and railroads. and wherever
already preempted. Jamaica Bay, east
of Flatbush avenue, would probably be
assisted in its development If it were
placed in a heavy industry district.
Portions of Staten Island and The Bronx
should be similarly treated.
Some localities now in business dis
tricts should be placed in light industry
districts. For instance the present law
recognizes that public garages may go
In certain parts of business streets but
should be excluded from others. Conse-
quently the judgment regarding the
placing of them is left to the Board OF
Appeals, and the Board of Appeals may
allow such garages in business streets
where there is already one garage or
public stable between two intersecting
streets. The maps should be amended
so as 10 place many lOCdutleS III iiE ~
industry districts which are now in
business districts Public garages should
be allowed as a matter of course In
these light industry districts. Probably
after the proper light industry districts
had been created the Board of Appeals
should be relieved of its present work 81
locating or prohibiting public garages
in business streets.
These garage cases comprise large
fraction of the calendar of the Board
of Appeals on coming and take up a
great deal of it's time. This change
would be made by amending the law
so that new garages for more than hVe
cars are prohibited in business districts,
but allowed anywhere in light industry
districts The Board OF Appeals would
of course, still continue to pass on the
more difficult garage questions, sucn
as the extension from one district into
another, the enlargement OF existing
garages and changes of uses.
The needle trades, for instance, should
be placed i'm light industry districts. To-
day there Is nothing intermediate be-
tween business and unrestricted. and II
a district now designated as business Is
changed into unrestricted 1t is laid open
to the invasion of chemical works. junk
shops, iron foundries and other harmful
or dangerous industries.
Experience has shown that the pro-
visions of the ordinance regarding both
private and public garages can be
changed to advantage. To-day private
garage, accessory to a dwelling, ar
ranged for not more than five cars, is
allowed In a residence district
The Fire Department is administering
this law strictly and is preventing the
renting of such garages for private cars
or the storing of business cars. There
seems TO be no reason why such garages
should not be confined TO three cars In
stead of five The law could well be
changed to allow an owner to keep light
business cars in such garages. for in
stance, cars weighing less than two tons.
If the capacity were cut down to three
cars and the limit of size placed at two
tons there would seem to be no serious
reason why the owner should not be per-
mitted to rent the garage.
Popular irritation Is being caused by
these garage cases and the entire coming
law is unnecessarily brought into dis
repute in the minds of many who do not
come in contact with its larger and
more important benefits. For instance,
II a home owner who kept a car dies
and leaves his home and garage to his
wife. who cannot afford to keep an au-
tomobile, the widow is first amazed and
then indignant when she learns that II
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