Every evening, Wilmington daily commercial., 1922-05-23
CITY ZONlNC TOPIC
AT LUNCHEON OF
BUSINESS MEN

their present places nuisance in
dustrics and place them together IN
other locations away from power 10
create nuisance TO business or rest
dence. or II Il were possible to take
dwelling houses out Of Industrial gee
tlons and away from noise. dirt. odors,
etc. and place them In segregated
sections or the city by themselves. and
II II were possible To remove public
garages from locations where they
have proved In their operation TO be
objectionable TO surrounding property.
affecting tho health and peace and
quiet OF nciebborhoods, and generally
10 To reconstruct or rebuild tho city
30 that industry would have its sep
arate district and business and com
merce Its separate district and resi-
dence it's separate district. the appli-
cation of coming would be ideal. Such
results. however, can only obtain In
new and undelevoped communities.
Coming. therefore, is exercised for
the general well-bcing. and under
police power. coming regulations to he
approved by the court must be rem
sonable and not arbitrary and mus,
he confined to police power rearons
Standardization of values or esthetics
have not yet been approved by tn,
courts M sufficient reasons for the
exercise of the police power. Thes,
two results however are brought about
| indirectly.
"Honink ordinance. throughout tbs
| United States based on the polio,
power have been uniformly upheld nj
constitutional by decisions Of tn,
United states Supreme Court where
the regulations In such ordinances arr
reasonable.
I'm more than one case In Philadel
phia where n corner lot has been un
built upon and attempt made To OK
plot the neighhorhoud by n CONNER
cial garage, turning the long or gabl
end side Of the lot to bo ita front an,
facing n church with n row of sepa
rate garages injunCtions have issue,
To stay the building. In one lnstanc
an attempt To spoil residence dis
tiICt on one aide OF a thoroughfar
d bounding Fairmount Park resulte
{ also I'm interference by the court n
u ifliE hlNliihAlN Gul'f'itllHll' III w
e welfare. safety and peace of the neigh
borho"d.' only recently the Suprem
n Court OF Pennsylvania confirming
;, decree OF the local court decided tina
n I'm certain section Of the city give
over largely To residences. the opera
r ton of n saw and planning mill hui
upon land formerly occupied by dwell
- ing houses, on account Of the nOls
10 and dirt emanating from the plan
o was a nuisance and should be abate'
= The court in this decision recognize
d the coming principle and the necessl'
d Of protecting the home owner againi
{ tho invasion by hostile upe of propert
u and building This. however. ls zonlu
r Ivy court action and CanncA he IA effe'
@ tive az fun coming hv statutory Ia,
Is because the latter throws mant
OF protection over an entire cit
q whereas court injunction ncccssitat'
II long, tedious aud extensive procecdir
l. only in specific Cases and wher, u
rs citizens directly affected can afroi
d and are alive TO the protection
h their interests.
lie The city for zoning is divided I'm
Y
" Districts. Height Districts and Ar
ID Districts. Every piece Of property NJ
@ every building In city Is used +
VI some purpose. and the idea of u
II district is To establish the use Of
l. the buildings in the city. Eatheril
together as far as possible all tho
OF the same kind and placing them
gether in one district. The most II
portant regulation OF coming IS {
, tablishing the use OF property. Sc
tions Of a city are set aside for rel
Dental use. and such residential u
;. precludes the use of any building
that district for business. or CONNER
or for industry. The question of a pu
: lie garage in residential section
=, exciting intense discussion. and {
&c problem is a serious one 10 solve. Blu
- ness and commerce are also segrega'
A into their own district. and indust
as well is placed by itself in the
~ dustrial district.