New-York tribune., 1921-12-25
Zoning Plan
Benefits Citv
In Many W avs
Limiting Building Heights
Has Brought About More
Healthful Conditions and
Comfort, Says r. p. Miller

Rudolph F. Miller. Superintendent
of Buildings, spoke to the American
Society of Civil Engineers last week
on the value of the coming regulations.
New York was the first American city
to place restrictions on the height of
its buildings, the percentage of site
that they might occupy and the use
to which they might be put.
1t was step for the general well
fare, health and comfort of the city
rather than promoter of property
values. Real estate men condemned
the regulations at first, but now they
regard them differently because they
have not operated against realty as
some owners thought they would.
Mr.. Miller said that the restrictions
were weak in places and suggested
that they be supplemented with provi-
sions TO meet the shortcomings which
the test of time~has developed
Curbing the heights cf buildings
was not as essential AZ control Of.
occupancy. Mr.. Miller said:
Wnlle the height restrictions come
to mind first the more important and
most desirable feature of the ronirg
law is the restriction and regulation Of
the uses to which buildings may be
put. lndiscriminate use has affected
more seriously the general welfare
than unrestricted height has ever done
while it would seem at first glance
that the main benefit from such re-.
striction as TO use is the conserving
of land values, that is not the real
benefit secured by the zoning law, nor
ould it be an adequate basis for the
actment of such a law. What Che
~ aims TO secure is public health,
safety, comfort, convenience and gen
eral welfare This is the only ground
on which the law could be and has
been sustained by our courts
Danger in Invasions
"ln It's larger aspects no great diff
Guilty has been experienced in enforc-
ing or maintaining the law, but con-
siderable difficulty has been cncoun-
tered in restraining the apparently in
significant and unimportant violations
of law, such as the encroachment into
new as we'll as old buildings, of uses
that do not conform to the districts in
that in them uselves to a limited ex-
tent seem harmless, often become the
starting point for q breaking down of
the provisions.
"For instance, the trade Of the seam
stress, If carried on in an individual
capacity within her own residence, is
not really Objectionable, but when she
becomes the manager of an establish
ment for dressmaking, even when to
all outward appearances there seems
to be no Objectionable feature. in the
locality where she is established, yet
this becomes q business use that in 3
residence district is prohibited, and
properly so. 1t can be readily seen,
however, that the discovery of such ar
encroachment becomes rather a diff
cult one.
When Business Is Not Objectionable
"An architect may carry or his pro
fession in an individual capacity with
in 2 restricted district the same as e
physician may conduct his Office in his
residence, but when this architect be-
gins to employ craftsmen and ste
nogrRphers for carrying Oh the pur-
poses of his profession there is no
doubt that that should be classed as 8
business use and should be prohibited
in the restricted residence district
! Cases like these have caused consider
able difficulty in maintaining the law
THAT these uses are properly con-
sidered business uses, and that they
| should be discontinued under the law
| has had the support Of our courts
Thus, for instance, the Fire Depart
ment OF the city, the department. which
| is charged with the maintenance OF
safe conditions in existing buildings
has successfully ousted g small tailor
| ing establishment in a block or one
of our avenues that was restricted tc
residence use.
"a restaurant serving limited mum
Der Of guests in the basement of a resi-
oh
! jectionable from one standpoint thai
the dining room OF boarding house tt
which others than the residents within
the building have resort for thei'
meals. The restaurant to secure trade
would necessarily put out some sort o.
sign that might be objectionable
in appearance, and yet it may start ;
movement, such as actually occurred
in one block of prominent street II
this city. The street, which is restricted
80 residence uses, has actually the ap
pearance of q business block.
Regulations Weak in Parts
'lt becomes necessary, therefore, *
exercise eternal vigilance to guar,
against these insidious encroachments
The law itself in way needs to b.
supplemented 20 secure its full bene
fetal effects. In New York City civil
societies organized for the profession @
their immediate districts have been 1
great help to the enforcing authoritie
by calling attention to these little IN
vasions that tend to break down tn
law itself What has here beer sai'
emphasizes the Importance Of one feat
ure that is embodied in the New Yorl
law, the Importance OF which perhap
has not been as generally recognized
as it should be, namely, the require
ment that e new building may not b
lawfully occupied nor the occupancy o
an existing building that has under
gone alterations contNued, unless
certificate of occupancy has been Sc
cured by the owners or others IN con
troll of the building. Such & cert:fcat
fixes definitely the uses to which tn
building may be put and brings to tn
attention OF those in control of th
building or future owners the restrlc
tions and limitations as TO the use
the building. This certificate is no
merely restrictive document, but ais
has value in assuring future pur
chaser or others interested that To-
building is. suited and lawful for tn
.u,,-z.ror r+o+aS in rh. certi fiSate.H