Evening journal., 1922-05-23
SHOW Value OF
zONING SYSTEM

Continued From First Page)
Of these conditions. What has been
done is very difficult TO undo. Prop
erty rights must be protected. but
regulations may be made that will
affect and direct the future rather
than without regulation permit pres
ent conditions to become worse.
"Zoning In old and built-up cities
Is more difficult than zoning In com
paratively new communities. II In
a city such as Wilmington II were
possible 10 lift or take out OF their
present places nuisance industries
and place them together in other
locations away from any power 10
create nuisance 10 business or resi-
dence. or II II were possible TO take
dwelling houses out OF industrial sec
tions and away from noise, dirt,
odors. etc. and place them in segre-
gated sections OF the city by them
selves. and II II were possible to re
move public garages from locations
where they have proved In their
operation to be Objectionable TO sur
rounding property. affecting the
health and peace and quiet OF neigh
horhoods. and generally so 10 re-
construct or rebuild the city so thai
Industry would have its separate dis
-rict and business and commerce its
separate district and readiness its
separate district and residence It's
zoning would be ideal. Such re-
suits. however. can only obtain In
new and undeveloped communities.
Should an owner Of property be
allowed unrestricted use OF his
building? Should a factory or
laundry or a saw mill be allowed to
operate next to a residence? Should
a public garage be allowed to be
built and operated unrestricted in a
residential district? Should business
and commerce be conducted in the
midst Of dwelling houses? Should
buildings in Wilmington be limited
In height: and II so what should be
the proper height limits? Should
the height Of a building bear any
relation TO the street width so that
the higher buildings might be upon
the wider streets and the lower
buildings in the narrower streets in
prder that the maximum amount OF
light and air should come upon the
street at some hour OF the day and
some season OF the year? Should
buildings be allowed 10 occupy the
entire lot area. or should some open
area be compelled in the Interest
OF health and safety? Should the
row dwelling house be allowed In
discriminatory in sections OF single
and semi-detached pairs OF houses?
Should any regulation be made In
such sections as to how far apart
dwellings should be set, and should
there be minimum limits fixed as to
front. side and rear yard areas?
These and many other questions are
answered in a coming law.
Blackstone said that ownership
in property is not absolute and un-
qualified and cities and courts are
beginning to recognize more and
more. in the interest OF general wei
fare. the community power 10 regu-
late the use and the height and the
area OF buildings and that this power
is paramount to the power and right
OF the individual to use his property
as he pleases. In exercising his IN
dividual rights he must not inter
fere with similar rights OF his neigh
bors.
The authority for zoning rests
upon the police power OF the state.
The promotion OF the public health,
safety. order and general welfare by
invoking the police power for the
reasonable regulation OF the location
size and use of buildings In a city
and the limitation OF the use Of pri-
vate property in the public interest
is a legitimate use of that power.
At the adoption OF the Federal
Constitution the States gave up to
the Federal Government certain
enumerated rights. reserving to
themselves the residuum OF author
ity. This residuum included the police
power. The police power. therefore.
is necessarily a legislative power and
the state may give or delegate the
exercise of that power to a city in
whole or in part in the city charter
or by special legislative act. Police