The Birmingham age-herald., 1923-11-25
tM Homes Are NoU Dotting The Mzer Heights District
TUCKER DISCUSSES NEW ZON|NG LAW
Many States Have Enacted Zoning Laws Governing
 Use Of Real Estate


 Now that cities of Alabama have heen empowered by the legisia5o.>o to enact zoning regulations, and as +he city commissioners of Blrming- ham have under consideration tsii5 | subject. it is perhaps appropriate that this subject be given some thought by property owners and the public generally" said Jerome luck 1 CT Perhaps definition or zon- inr' may not be out of place.
 l "Rriefly, zoning means: The use +o which a lot or parcel of land may he put; the area of lot or parcel of land which may be used; the height to which buildings on lot or parcel of land may be erected. Zoning has been more or less in use ill the cities of Europe for many years While the idea is comparatively new in this country People have become ouite accustomed to regulations with respect to fire hazards and the right of A governing body of a city Tn thls direction is not called in question. Such regulations have been freely conceded under what is known as police powers. The exercise Of zon- ing regulations under the same po- lice mowers have in some states been unheld bV fhe courts. However. spe- cial enabling acts from the ieglsla- ture have been regarded the better plan and this has been followed m Alabama.
 "Zoning is merely the application of common sense and fairness to the public regulations governing the uSe of private real estate" said Nr. Tucker. Tt is a painstaking, honest effort 10 provide each district or l neighborhood. as nearly as prac- ticable, with just such protection and just such liberty as are sensible in that particular district. Zoning gives everyone who lives or does business in a community a chance for the reasonable enjoyment of his rights At the same time it protects him from unreasonable injury by neigh bors who would seek private gain at his expense.
 why do we need zoning? Why should your city keep it's gas range lin the parlor and it's piano in tie kitchen? That is what many an American city permits it's household to do forSit Suppose you have just bought some land in a neighborhood and built cozy little home. There are two vacant lots to the south of you and two vacant lots to the north of you. All four of these lots are for sale Questions a=e not asked of prospective purchasers as to their in tentions with respect to their use. If your town is zoned, a ten-story apartment house. occupying virtu ally one hundred per cent of the area. or d public garage, with it's noise and odors, would not be allowed on these lots.
 If town is zoned, property values become more stable; mortgage com panies are more ready to lend money and more houses can be built Ex- perience where zoning is in effect, show fewer 'blghted' residence dis tricts. A "blighted" district is dis trict, originally developed for resi- dences or industry. in the future of which people have lost confidence. The economic losses for such blight
 ing is enorm<ls and without com pensating advantages. Proper zon- ing cuts these loNses at their source, just as proper Rilding regulations and fire protection cuts fire losses at their source.
 Much can be said of the sa1ing' effected by zoning in sewers, streets. public utilities, etc. Traffic can be better handled by knowing just what may be required of various streets. Industry will be more efficient and homes will be more wholesome if kept generally separate. Separation need not mean great distances for workers to travel. Concentration of uses and a fair apportioning of dis tricts should reduce the amount of all transportation and secure economies not only directly for the worker. but indirectly in the costs of productiou and marketing of goods. If zonins can reduce the cost of living. why not have it? Why should selfish in- terests be permitted to stand in the way of that which is best for the community and affording the great est good to the greatest number.
 ic state, the highest court has declared the zoning of New York city to he constitutional, stating that zoninic can be done under the police power if done with care and good judgment so as not to be arbitrary and con- fiscatory. In the following states zoning is specially authorized for cities. with some qualifications rl certain states: Alabama. California. Illinois, Indiana, Iowa. Kansas, Louis lana. Massachusetts. Michigan Mime sota, Nebraska, New Jersey. New York, Ohio, Oregon, Pennsylvania, Rhode Island, Texas, Virginia, Wis consin, Missouri
 "A zoning ordinance needs to be based on comprehensive and de- tailed study of the precise local con dltions. both present and prospective. Ihere IS no short cut to good zon- 1 Ing, n any community. The subject , should be entered upon with dclibera- tion careful and intelligent study of local conditions and other com sideration- In every city there are citizens and organizations having in : their possession valuable knowledce of local conditions.
 such people and such organiza- tions should place themselves at the service Of their community Much more might be said along this line, which space forbids. Any one desir- T Ing to inform himself on this i'm r portant subject, which will, shortly become of immediate interest to all or us' may get selected bibliography or zonlng upon application to the uIVislon of building and housing of 5 the department of commerce, Wash ington. D. c. , The Birmingham real estate board. through it's legislative committee s taxes no little pride in the accom- 7 piishment through the last Iegisla tore or the right of cities in Alabama . to enact zoning regulations"